[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19277-19285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7648]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 90, and 95

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


PLMR Licensing; Frequency Coordination and Eligibility Issues

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) considers rule changes to certain of its rules that were 
addressed in a previous decision in this proceeding. In that decision, 
the Commission proposed various changes to its rules regarding PLMR 
licensing, including frequency coordination and eligibility issues. 
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: Effective May 14, 2010.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway, at 
[email protected], Wireless Telecommunications Bureau, (202) 418-
2904, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order (``Second R&O'') in WP Docket No. 07-100, FCC 10-36, 
adopted on March 3, 2010, and released March 10, 2010. In a Notice of 
Proposed Rulemaking and Order (NPRM and Order) published at 72 FR 
32582, June 13, 2007, in this proceeding, the Commission proposed 
various changes to its rules regarding PLMR licensing, including 
frequency coordination and eligibility issues. 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. 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. Frequency Coordination and Related Matters. Applications for new 
and modified part 90 stations generally require frequency coordination 
before the application is submitted to the Commission, but certain 
types of applications are exempt from the frequency coordination 
requirement because they do not ``have an impact on near-term frequency 
selections.'' The NPRM sought comment on whether to permit licensees to 
forgo frequency

[[Page 19278]]

coordination for other types of applications.
    3. In the NPRM, the Commission noted that certain PLMR licensees 
are permitted to modify their licenses to authorize CMRS operations 
(and subsequently to modify such licenses to revert to PLMR 
operations), and proposed to exempt such modifications from the 
frequency coordination requirement because frequency coordinators do 
not make recommendations regarding changes between private and 
commercial status. With respect to PLMR-to-CMRS conversions, we agree 
with Land Mobile Communications Council (LMCC) and Motorola that we 
should retain the requirement for prior coordination. Such conversions 
involve interconnection with the public switched telephone network, 
which typically results in much higher levels of airtime usage on a 
channel. Such increased usage can affect other licensees, and for this 
reason we conclude that frequency coordinators should evaluate the 
implications of any proposed conversions to CMRS. We agree with the 
commenters, however, that frequency coordination should not be required 
when a licensee reverts from CMRS to PLMR operations, and amend our 
rules accordingly.
    4. The NPRM also sought comment on whether to eliminate the 
frequency coordination requirement for applications where the only 
change is a reduction in authorized bandwidth on the licensed center 
frequencies. Half of the commenters addressing this issue argue that 
frequency coordination should be required for any change in technical 
parameters, including a reduction in authorized bandwidth, to protect 
nearby co-channel and adjacent channel licensee operations from new and 
potentially harmful interference. The other commenters contend that 
frequency coordination is not necessary for modifications that propose 
only a reduction in bandwidth on the licensee's currently authorized 
center frequency, because such a reduction cannot have an adverse 
impact on co-channel or adjacent channel licensees. They emphasize that 
such an exemption from the frequency coordination requirement should be 
limited to applications proposing only to reduce channel bandwidth 
while remaining on the original center frequency, and not seeking any 
other changes to the existing license, such as converting from analog 
to digital emission.
    5. We agree that a simple reduction in authorized bandwidth cannot 
adversely impact co-channel or adjacent channel licensees. We therefore 
find no need for a coordinator to review the proposal in advance. 
Removing the frequency coordination requirement for applications that 
modify existing licenses by reducing authorized bandwidth will not 
undermine the purpose of the frequency coordination process, i.e., to 
ensure the quality of frequency selections, expedite licensing, and 
improve spectrum efficiency to the benefit of private land mobile 
users. It therefore is in the public interest and is consistent with 
the Commission's goal of reducing unnecessary regulatory burdens on 
licensees. In addition, we note that most PLMR licensees below 512 MHz 
will be required to migrate from 25 kHz operation to 12.5 kHz or 
narrower operation on their existing frequencies, and we find that 
removing the frequency coordination requirement for such applications 
will further the upcoming narrowbanding transition without disturbing 
the integrity of the frequency coordination process or the Commission's 
overall spectrum management objectives. As a result, we amend our rules 
to provide an exemption from the frequency coordination requirement for 
modification applications that only reduce authorized bandwidth while 
remaining on the original center frequencies, and do not seek any other 
changes in technical parameters.
    6. In addition, the NPRM invited commenters to suggest other types 
of applications for which frequency coordination should no longer be 
required. We agree with Sprint Nextel that applications seeking to 
modify licenses by lowering antenna height and/or decreasing power 
should be exempted from frequency coordination. Not only would this 
have no adverse impact on co-channel or adjacent channel licensees, 
but, as Sprint Nextel points out, frequency coordinators do not 
recommend changes to applications seeking such modifications, and the 
technical information is readily available in the Universal Licensing 
System (ULS) database. Such modifications are similar in their effect 
on other licensees to applications to eliminate frequencies or 
transmitter site locations, for which frequency coordination is no 
longer required. We amend our rules accordingly.
    7. Mobile Repeaters. The NPRM proposed to delete Sec.  90.247(b) of 
the Commission's rules, which states that for Industrial/Business Pool 
frequencies below 450 MHz, only low power frequencies (where power is 
limited to two watts) may be assigned for use by mobile repeaters and 
associated hand-held units, when separate frequencies are assigned for 
that purpose. The commenters generally support the proposal. Only 
Forest Industries Telecommunications (FIT) is concerned that removal of 
the mobile repeater power limits will lead to a ``power war'' among 
licensees, resulting in harmful interference to other licensees on 
those channels. While we understand FIT's concern, we believe that the 
benefits of greater flexibility from allowing mobile repeaters on full-
power channels outweighs the speculative possibility of harmful 
interference, particularly given that mobile repeaters typically are 
deployed for a limited period of time. We note that mobile repeaters 
require frequency coordination, and the Commission's rules require 
licensees to work together to solve any interference issues. Operators 
may also be subject to enforcement action for causing interference to 
other users. As a result, we find that modification of our rules to 
remove the channel restriction concerning mobile repeaters below 450 
MHz is appropriate. Similarly, we agree with Motorola that we should 
eliminate the related limitation in Sec.  90.247(c) of the Commission's 
rules, which limits to 2.5 watts the output power of hand-held 
transmitters that communicate by way of a mobile repeater. Of course, 
such transmitters and mobile repeaters will be subject to other 
relevant part 90 power limitations, and may not exceed the Commission's 
radio frequency exposure criteria. Should mobile repeater operations 
under the rules as amended result in interference to other users, we 
may revisit this issue to examine whether we should address the 
situation by, for example, reinstituting power limits or limiting the 
service area radius for mobile repeaters.
    8. Motorola also notes that Sec.  90.247(f) requires mobile 
repeaters to be controlled using a ``continuous coded tone.'' This term 
is an analog reference, which Motorola recommends be replaced with 
``continuous access signal,'' which will accommodate both digital and 
analog control techniques. We agree, and will amend Sec.  90.247 
accordingly
    9. Expired Licenses. In general, frequencies associated with 
expired licenses become available for reassignment once the license is 
deleted from the Commission's ULS database of active licenses (i.e., 
the license's status in ULS is changed from Active to Expired or 
Canceled). Ordinarily, there is a delay between the date a license 
expires and the date its status is changed from Active to Expired in 
our licensing records. During that period, frequency coordinators may 
select a frequency associated with the expired license for 
recommendation to the

[[Page 19279]]

Commission (coordinate the frequency), but the Commission does not 
accept applications for the frequency until the frequency becomes 
available for reassignment.
    10. LMCC notified the Commission in 2004 that all part 90 frequency 
coordinators agreed not to coordinate frequencies associated with an 
expired license until the frequencies become available for 
reassignment, and requested the Commission's cooperation in enforcing 
this policy. As a result, the NPRM sought comment on whether the rules 
should be amended to prohibit the coordination of frequencies 
associated with expired licenses until those frequencies are deleted 
from the ULS database. In response, LMCC reports that the agreement has 
operated properly since 2004. While some commenters favor codifying the 
agreement in the Commission's rules, we agree with LMCC that no rule 
changes are required, and the Commission need only enforce the policy 
in the event that a third party objects to a premature coordination.
    11. Multiple Licensing. As explained in the NPRM, most PLMR 
communication systems employ mobile relays (repeaters) with wide-area 
coverage so that communication may be maintained between mobile units 
that otherwise would be out of range of one another. It is common 
practice for an entity that owns and operates a repeater to share a 
base station with a number of other users. Under this practice, each 
user of the mobile relay station (commonly called a ``community 
repeater'') applies for and obtains an individual license for the 
station. Thus, a single base station is licensed to multiple users. The 
NPRM sought comment on the continued usefulness of multiple licensing, 
given that changes in the Commission's rules have created new means for 
multiple entities to share facilities or spectrum, or otherwise meet 
their communications needs.
    12. Most commenters argue that multiple licensing continues to 
serve an important purpose and should be retained. We agree that 
multiple licensing provides for a cost effective licensing option to 
entities while also facilitating efficient use of spectrum. Therefore, 
we conclude that there are public interest benefits in allowing 
multiple licensing of the same facility, and we will take no action to 
phase it out at this time.
    13. Industrial/Business Pool Eligibility. Section 90.35 of the 
Commission's rules permits entities engaged in, inter alia, ``[t]he 
operation of a commercial activity'' to operate on Industrial/Business 
Pool frequencies, and by its language does not expressly exclude State 
or local government entities from eligibility. The NPRM concluded that 
Sec.  90.35 is flexible, and that activities such as the operation of a 
utility, golf course, etc., whether conducted by a government entity or 
a private entity, are ``commercial activities'' within the meaning of 
the rule. It sought comment on whether to amend Sec.  90.35 to 
expressly provide that governmental entities are eligible to use 
Industrial/Business Pool frequencies for commercial enterprises.
    14. Every commenter addressing the issue supports amending Sec.  
90.35 to clarify that State and local government entities are eligible 
for Industrial/Business Pool frequencies when they engage in commercial 
activities. Some commenters, while supporting the rule change, indicate 
that the Commission should condition such authorizations to prevent the 
use of Industrial/Business Pool frequencies for mission-critical public 
safety services. We agree that State and local government entities 
should be able to be licensed for Industrial/Business Pool spectrum for 
use in commercial activities but not for public safety operations. We 
amend Sec.  90.35(a) accordingly.
    15. The NPRM also sought comment on a request that the Commission's 
rules be amended to permit government surveying operations to utilize 
Industrial/Business Pool itinerant frequencies. Commenters unanimously 
support this request, stating that it would enable government entities 
to utilize modern surveying equipment, which currently is manufactured 
to operate only on Industrial/Business Pool frequencies. We agree with 
the commenters, and will amend the rules to permit government surveying 
operations to utilize the Industrial/Business Pool itinerant 
frequencies.
    16. Disturbance of AM Broadcast Station Antenna Patterns. The NPRM 
requested comment on whether to modify part 90 to include provisions 
for the correction of any disturbance of AM broadcast stations' antenna 
patterns by new land mobile towers and antennas. We agree with 
commenters' consensus that this issue would be more appropriately 
considered in another pending Commission proceeding, so we will not 
amend part 90 at this time.
    17. FB8T Station Class. In 2000, the Commission established a new 
station class code, FB8, to identify those trunked radio systems' base 
and mobile relay channels that are not subject to a monitoring 
requirement because the applicant/licensee has obtained the necessary 
consent from co-channel licensees or has exclusive use of the channel. 
All channels associated with a centralized trunked system and any 
channels in a hybrid system for which the necessary consent has been 
obtained or that are licensed on an exclusive basis must have an FB8 
code for the base/mobile relay station. Approximately thirty-five 
authorizations were subsequently issued with a station class of FB8T, 
allowing temporary use of base and mobile relay channels in systems 
that are not subject to a monitoring requirement. Authorizing temporary 
base stations anywhere within a licensee's authorized operating area 
could, however, allow the licensee to expand the contour of its 
unmonitored operations into areas where it does not have exclusivity, 
which could result in interference to other licensees. Consequently, we 
no longer issue authorizations for systems with a station class of 
FB8T.
    18. In the NPRM, the Commission proposed to renew existing FB8T 
authorizations with a station class code of FBT (temporary base) in 
order to make it clear that these operations are subject to the 
monitoring requirement, and sought comment on whether any corresponding 
amendment to part 90 was necessary. Commenters support the proposal, 
but an applicant whose FB8T application subsequently was granted as FBT 
suggested that station class code FB6T (the station class code used for 
decentralized trunked temporary stations) is more appropriate. We agree 
that current FB8T stations should use a more specific station class 
code than FBT. As a result, we hereby clarify that FB8T stations will 
be renewed as FB2T (private, internal systems) or FB6T (for-profit 
private carriers), as appropriate. No rule changes or other action are 
necessary to implement this proposal at this time.
    19. Reorganization of Part 90. The NPRM sought comment on whether 
it would be appropriate to reorganize the part 90 rules. It noted that 
many of the services regulated under part 90 differ significantly from 
the ``traditional'' PLMR services on which the original part 90 rules 
were premised in 1978, and that the current rules cover PLMR and CMRS 
services, site-based and geographically licensed services, and public 
safety and non-public safety services, on frequencies ranging from 530 
kHz to 4990 MHz. Nearly all of the commenters addressing this issue 
believe that changing the organizational structure of the part 90 rules 
is unnecessary and would likely result in a more complex regulatory 
burden being placed on Commission licensees without any likely benefit 
to the licensees or the Commission.

[[Page 19280]]

Accordingly, we decline to adopt any structural changes to the part 90 
rules.
    20. Editorial Amendments. Finally, we take this opportunity to make 
minor editorial amendments to part 90. Specifically, we amend Sec.  
90.35(b)(3) to associate the correct limitations with frequency 27.86 
MHz and frequency band 5850-5925 MHz. We also take this opportunity to 
remove references in Sec. Sec.  90.35 and 90.267 to the freeze on high 
power applications for 12.5 kHz offset channels in the 460-470 MHz 
band, which has expired. Additionally, we amend the table in Sec.  
90.103 to correct references to certain limitations that were 
renumbered in another proceeding, and to delete a reference to the 
International Fixed Public Radiocommunications Service, which was 
eliminated in another proceeding. Further, we amend Sec.  175(j)(5) to 
remove references to frequencies that have been redesignated from part 
90 to part 95. We also amend Sec.  90.621(a) to restore language that 
was inadvertently deleted when the rule was amended in another 
proceeding. Further, we utilize this opportunity to amend Sec. Sec.  
90.353(f) and 90.357(a) to correct typographical errors.
    21. Wireless Medical Telemetry Issues. The Wireless Medical 
Telemetry Service (WMTS) was established in 2000 to enhance the 
reliability of medical telemetry equipment that is vital to the 
effective care of patients with acute and chronic health problems, and 
to ensure that wireless medical telemetry devices can operate free of 
harmful interference. Fourteen megahertz of spectrum, in three bands, 
was allocated for WMTS operations. The band 1427-1432 MHz is shared 
between medical and non-medical telemetry operations. Generally, WMTS 
has primary status in the lower half of the band (1427-1429.5 MHz), and 
non-medical telemetry in the upper half of the band (1429.5-1432 MHz). 
Non-medical telemetry licensees may not exceed a measured or predicted 
field strength of 150 [mu]V/m into the WMTS portion of the band at the 
site of any WMTS operation. WMTS operations are licensed by rule, 
without separate Commission authorization, but must be registered with 
the American Society of Health Care Engineering of the American 
Hospital Association (ASHE), the WMTS frequency coordinator, prior to 
operation.
    22. In addition, in order to avoid interference between medical and 
non-medical telemetry operations in the 1427-1432 MHz shared band, ASHE 
and the part 90 frequency coordinators are required to share with each 
other information about newly deployed WMTS equipment and part 90 
frequency recommendations. At the Commission's request, ASHE and LMCC 
formulated a mutually agreeable coordination plan, which was filed with 
the Commission on August 18, 2004. The NPRM tentatively concluded that 
implementation of the joint ASHE-LMCC coordination agreement would be 
in the public interest because it will further the Commission's 
continuing efforts to ensure protection of WMTS operations from harmful 
interference, and sought comment on whether the ASHE-LMCC coordination 
agreement should be reflected in the rules.
    23. The agreement sets forth different coordination procedures, 
depending on whether medical telemetry and non-medical telemetry are 
co-channel or adjacent channel, and whether each is primary or 
secondary. The WMTS service rules in part 95 do not explicitly 
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. In response to conflicting requests, the NPRM sought 
comment on amending the rules to clarify whether such operations are 
permitted.
    24. Commenters support the joint ASHE-LMCC coordination agreement 
and agree that it should be cross-referenced or codified in the rules. 
We conclude, however, that no rule change is necessary or appropriate. 
The ASHE-LMCC agreement is self-executing. As the NPRM concluded, the 
agreement does not conflict with the existing rules. Codification or 
incorporation by reference of the agreement would prevent ASHE and LMCC 
from making amendments to the agreement by mutual consent. Moreover, 
our decision not to amend the rules to reflect the agreement is 
consistent with our current treatment of other agreements between or 
among other frequency coordinators, which are not codified or 
incorporated by reference in the rules.
    25. Commenters are split on the issue of whether WMTS operations 
should be permitted to operate on a secondary basis in the portions of 
the 1427-1432 MHz band where non-medical telemetry has primary status. 
Some WMTS operations in the portions of the 1427-1432 MHz band where 
non-medical telemetry has primary status already are registered with 
ASHE. ASHE and one equipment manufacturer argue that the part 95 rules 
should be amended to expressly permit such WMTS operations. Philips 
states that many secondary WMTS devices operate free from unwanted 
interference because they use smart radio technology with cognitive 
functions, which can sense and avoid other transmissions, and change 
channels if necessary. ASHE supports permitting secondary WMTS 
operations, but suggests that WMTS users be notified and cautioned that 
such operations should not be relied upon for functions that are 
critical to patient safety, because secondary operations would be 
subject to receiving interference from part 90 operations. On the other 
hand, LMCC and two manufacturers request that WMTS not be permitted to 
operate on a secondary basis in the non-medical telemetry portion of 
the band because patient health and safety could be jeopardized. LMCC 
states that nearly all WMTS systems implemented at health-care 
facilities are deployed and registered by the equipment manufacturer 
and not by facility telecommunications staff, so health-care facility 
personnel do not understand that they have only secondary status on 
certain frequencies.
    26. The Commission created the WMTS in order to make available 
spectrum where medical telemetry services could operate on a primary 
basis, free from harmful interference. The authorization of secondary 
WMTS operations would subject such operations to the same interference 
concerns that the WMTS allocation was intended to address. We conclude, 
based on the current record, that permitting WMTS devices to operate on 
a secondary basis is not in the public interest, because of the risk of 
unwanted interference that can jeopardize patient safety. In addition, 
we note that while the 1427-1432 MHz band is the most commonly utilized 
WMTS band, it is not the only WMTS band available. WMTS devices are 
authorized to operate on a primary basis on a total of fourteen 
megahertz of spectrum, and the record does not establish that secondary 
spectrum is needed to meet WMTS communication needs. Accordingly, we 
amend Sec.  95.1111 of the Commission's rules to clarify that the 
registration of WMTS devices on those portions of the 1427-1432 MHz 
band where WMTS operations do not hold primary status is prohibited. 
WMTS devices already registered to operate on secondary frequencies 
will be grandfathered, and may continue operating for the time being. 
Nonetheless, we encourage users of such equipment to investigate 
whether those operations can or should be migrated to primary WMTS 
frequencies in order to maximize patient safety.
    27. We adopt ASHE's suggested editorial revisions to Sec. Sec.  
90.259(b)(4) (to clarify one of the carve-out areas); 95.1101, 
95.1103(c), 95.1111(a) (to clarify the registration and notification 
process), 95.1115(a) and (d) and 95.1121

[[Page 19281]]

(to clarify that WMTS operates beyond the 1427-1429.5 MHz segment in 
the carve-out areas). ASHE further requests that the Commission amend 
both Sec. Sec.  95.1105 and 95.1115 of the Commission's rules to make 
it ``even more expressly understood'' that authorized health care 
providers are licensed by rule to operate WMTS equipment only when the 
registration requirements in Sec.  95.1111(a) have been met. We do not 
find such clarification necessary. Sections 95.1105 and 95.1111 clearly 
state that frequency coordination is required prior to commencement of 
WMTS operations. The Commission to date has not received any complaints 
from operators of WMTS devices about the clarity and meaning of these 
rules, and no incidents have been reported where WMTS operations were 
commenced prior to registration with ASHE. Therefore, we believe that 
the relevant language in the part 95 rules is sufficient. Similarly, we 
also reject Itron's proposal that the rules should specify that WMTS 
users must coordinate operations prior to construction, because we are 
not persuaded that the current pre-activation registration requirement 
is inadequate. Moreover, we reject LMCC's proposal that the rules be 
amended to require ASHE to notify part 90 coordinators using the same 
electronic batch filing format that the part 90 coordinators use to 
notify each other of part 90 coordinations. We agree with ASHE that 
such details should be negotiated between the parties.

 I. Procedural Matters

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

    28. 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. Paperwork Reduction Act

    29. 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. Final Regulatory Flexibility Analysis

    30. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on small entities by the policies and rules proposed in 
the NPRM in this proceeding was incorporated in the NPRM. See 5 U.S.C. 
603. Written public comments were requested on the IRFA. This present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. See 5 
U.S.C. 604. The Commission will send a copy of the Second R&O, 
including this FRFA, to the Chief Counsel for Advocacy of the U.S. 
Small Business Administration. In addition, a copy of the Second R&O 
and FRFA (or summaries thereof) will also be published in the Federal 
Register.

Need for, and Objectives of, the Proposed Rules

    31. 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 licensees to comprehend and 
understand. We believe it appropriate to review all of our regulations 
relating to administering Private Land Mobile Radio (PLMR) Services to 
determine which regulations can be clarified, streamlined or 
eliminated. In the NPRM, we sought comment on miscellaneous rule 
amendments that were intended to clarify part 90 of the Commission's 
rules. In addition, the NPRM sought comment on eliminating certain 
regulatory requirements contained in part 90 of the Commission's rules. 
The NPRM also sought comment regarding changes to the rules governing 
the part 95 Wireless Medical Telemetry Service, to clarify those rules 
and implement a joint coordination agreement among the relevant 
frequency coordinators. We also solicited comment on other potential 
part 90 rules changes, including suggestions to revise or eliminate 
provisions that are duplicative, outmoded or otherwise unnecessary

Legal Basis for Proposed Rules

    32. 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.

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

    33. No comments were submitted specifically in response to the 
IRFA. However, some commenters to the NPRM contend that the 
Commission's suggestion that part 90 be reorganized would result in a 
more complex regulatory burden on Commission licensees. We have 
considered the potential economic impact on small entities of these 
rules, and we have considered alternatives that would reduce the 
potential economic impact of the rules enacted herein, regardless of 
whether the potential economic impact was discussed in any comments.

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

    34. 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. The RFA generally defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' See 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. See 5 U.S.C. 601(3). 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). See Small Business Act, 5 U.S.C. 632 (1996). A small 
organization is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
See 5 U.S.C. 601(4). Below, we further describe and estimate the number 
of small entity licensees and regulatees that may be affected by the 
rules changes proposed in the NPRM.
    35. 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 
encompass business entities engaged in radiotelephone communications

[[Page 19282]]

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.
    36. 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.
    37. 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.
    38. Hospitals, Nursing Care Facilities, and Other Residential Care 
Facilities. The SBA has developed small business size standards for 
these three categories and other, related categories. For the 
commercial census category of General Medical and Surgical Hospitals, 
the SBA deems an entity to be small if it has $31.5 million or less in 
annual revenues. See 13 CFR 121.201, NAICS code 622110. Census Bureau 
data for 2002 show that there were 3,200 firms in this category that 
operated for the entire year. U.S. Census Bureau, 2002 Economic Census, 
Subject Series: Health Care and Social Assistance, ``Establishment and 
Firm Size (Including Legal Form of Organization,'' Table 4, NAICS code 
622110 (issued Nov. 2005). Of this total, 1,313 firms had revenues of 
under $25 million, and 471 had revenues of $25 million to $49,999,999. 
Thus, in this category, over 41 percent of the firms can be considered 
small. For the category of Nursing Care Facilities, the SBA deems an 
entity to be small if it has $12.5 million or less in annual revenues. 
See 13 CFR 121.201, NAICS code 623110. Census Bureau data for 2002 show 
that there were 7,826 firms in this category that operated for the 
entire year. U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Health Care and Social Assistance, ``Establishment and Firm Size 
(Including Legal Form of Organization,'' Table 4, NAICS code 623110 
(issued Nov. 2005). Of this total, 6,594 firms had revenues of under 
$10 million, and 871 had revenues of $10 million to $24,999,999. Thus, 
in this category, the majority of firms can be considered small. For 
the category of Other Residential Care Facilities, the SBA deems an 
entity to be small if it has $6.5 million or less in annual revenues. 
See 13 CFR 121.201, NAICS code 623990. Census Bureau data for 2002 show 
that there were 3,131 firms in this category that operated for the 
entire year. U.S. Census Bureau, 2002 Economic Census, Subject Series: 
Health Care and Social Assistance, ``Establishment and Firm Size 
(Including Legal Form of Organization,'' Table 4, NAICS code 623990 
(issued Nov. 2005). Of this total, 2,774 firms had revenues of under $5 
million, and 202 had revenues of $5 million to $9,999,999. Thus, in 
this category, the majority of firms can be considered small.

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

    39. 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

    40. 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).
    41. We believe the changes adopted in the 2nd R&O will promote 
flexibility and more efficient use of the spectrum, reduce 
administrative burdens on both the Commission and licensees, and allow 
licensees to better meet their communication needs. In this 2nd R&O, we 
will not change rules concerning multiple licensing because it still 
appears to be a viable and is not obsolete. Additionally, the 2nd R&O 
decides that determining the feasibility of protection to broadcast AM 
station antenna patterns in part 90 of our rules would be best handled 
in another ongoing Commission proceeding. The 2nd R&O also clarifies 
the Commission's stance on the discontinuance of station classes FB8T 
and MO8T. The 2nd R&O declines to reorganize the part 90 rules. The 2nd 
R&O also clarifies that WMTS operations are not permitted on a 
secondary basis.

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

    42. None.

III. Ordering Clauses

    43. 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.

[[Page 19283]]

    44. Notice is hereby given of the proposed regulatory changes 
described in this Second FNPRM and comment is sought on these 
proposals.
    45. 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 Parts 2, 90, and 95

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Marlene H. Dortch,
Secretary, Federal Communications Commission.

Final Rules

0
Parts 2, 90 and 95 of Chapter I of Title 47 of the Code of Federal 
Regulations are amended as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS: GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. Section 2.106 is amended by revising note US350 to read as follows:


Sec.  2.106  Table of Frequency Allocations

* * * * *
    US350 In the band 1427-1432 MHz, Federal use of the land mobile 
service and non-Federal use of the fixed and land mobile services is 
limited to telemetry and telecommand operations as described further:
    (a) Medical operations. The use of the band 1427-1432 MHz for 
medical telemetry and telecommand operations (medical operations) shall 
be authorized for both Federal and non-Federal stations.
    (1) Medical operations shall be authorized in the band 1427-1429.5 
MHz in the United States and its insular areas, except in the following 
locations: Austin/Georgetown, Texas; Detroit and Battle Creek, 
Michigan; Pittsburgh, Pennsylvania; Richmond/Norfolk, Virginia; 
Spokane, Washington; and Washington, DC metropolitan area 
(collectively, the ``carved-out'' locations). See Section 47 CFR 
90.259(b)(4) for a detailed description of these areas.
    (2) In the carved-out locations, medical operations shall be 
authorized in the band 1429-1431.5 MHz.
    (3) Medical operations may operate on frequencies in the band 1427-
1432 MHz other than those described in paragraphs (a)(1) and (2) only 
if the operations were registered with a designated frequency 
coordinator prior to April 14, 2010.
    (b) Non-medical operations. The use of the band 1427-1432 MHz for 
non-medical telemetry and telecommand operations (non-medical 
operations) shall be limited to non-Federal stations.
    (1) Non-medical operations shall be authorized on a secondary basis 
to the Wireless Medical Telemetry Service (WMTS) in the band 1427-
1429.5 MHz and on a primary basis in the band 1429.5-1432 MHz in the 
United States and its insular areas, except in the carved-out 
locations.
    (2) In the carved-out locations, non-medical operations shall be 
authorized on a secondary basis in the band 1429-1431.5 MHz and on a 
primary basis in the bands 1427-1429 MHz and 1431.5-1432 MHz.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. 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
4. Section 90.20 is amended by adding paragraph (e)(7) to read as 
follows:


Sec.  90.20  Public Safety Pool

* * * * *
    (e) * * *
    (7) Frequencies governed by Sec.  90.35(c)(17).
* * * * *

0
5. Amend Sec.  90.35 as follows:
0
a. Remove paragraphs (c)(61)(v) and (c)(68)(iv).
0
b. Add paragraphs (a)(5) and (c)(91).
0
c. In the table of paragraph (b)(3) place the entry for ``5850-5925'' 
in numerical order.
0
d. In the table of paragraph (b)(3), revise the entries for ``27.86'' 
and ``5850-5925''.
0
e. Revise paragraph (c)(67).
    The additions and revisions read as follows:


Sec.  90.35  Industrial/Business Pool.

    (a) * * *
    (5) Public Safety Pool eligibles are eligible for Industrial/
Business Pool spectrum only to The extent that they are engaged in 
activities listed in paragraphs (a)(1) through (4) of this section. 
Industrial/Business Pool spectrum many not be utilized for the purposes 
set forth in Sec.  90.20(a).
* * * * *
    (b) * * *
    (3) * * *

                                    Industrial/Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
         Frequency or band           Class of station(s)        Limitations                Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
27.86.............................  Base or mobile.......  89..................
 
                                                  * * * * * * *
5850-5925.........................  .....do..............  90, 91..............  Not applicable.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) * * *
    (67) Medical telemetry operations are authorized on this frequency 
on a secondary basis. Medical telemetry operations are subject to the 
provisions of Sec.  90.267(h)(2).
* * * * *
    (91) Subpart M of this part contains rules for assignment of 
frequencies in the 5850-5925 MHz band.
* * * * *

0
6. Section 90.103 is amended by revising the entries in the table in 
paragraph (b) for ``1900 to 1950,'' ``1950 to 2000,'' ``13,750 to 
14,000,'' and paragraph (c)(1), to read as follows:


Sec.  90.103  Radiolocation Service.

* * * * *
    (b) * * *

[[Page 19284]]



----------------------------------------------------------------------------------------------------------------
           Frequency or band                 Class of station(s)                    Limitation(s)
----------------------------------------------------------------------------------------------------------------
                                                    Kilohertz
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1900 to 1950...........................  .....do...................  6, 25, 26, 27 and 28.
1950 to 2000...........................  .....do...................  6, 25, 27 and 28.
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                                    Megahertz
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
13,750 to 14,000.......................  .....do...................  29.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

     (c) * * *
    (1) This frequency band is shared with and stations operating in 
this frequency band in this service are on a secondary basis to 
stations licensed in the Maritime Mobile Service.
* * * * *

0
7. Section 90.175 is amended by revising paragraph (j)(5) and adding 
paragraphs (j)(19), (j)(20), and (j)(21) to read as follows:


Sec.  90.175  Frequency coordinator requirements.

* * * * *
    (j) * * *
    (5) Applications in the Industrial/Business Pool requesting a 
frequency designated for itinerant operations.
* * * * *
    (19) Applications filed exclusively to return channels that had 
been authorized for commercial operation pursuant to Sec.  90.621(e) or 
(f) to non-commercial operation (including removal of the authorization 
to interconnect with the public switched telephone network).
    (20) Applications for a reduction in the currently authorized 
emission bandwidth or a deletion of an existing emission designator.
    (21) Applications for a reduction in antenna height or authorized 
power.

0
8. Section 90.247 is amended by removing and reserving paragraphs (b) 
and (c) and revising paragraph (f) to read as follows:


Sec.  90.247  Mobile repeater stations.

* * * * *
    (f) When automatically retransmitting messages originated by or 
destined for hand-carried units, each mobile station shall activate the 
mobile transmitter only with a continuous access signal, the absence of 
which will de-activate the mobile transmitter. The continuous access 
signal is not required when the mobile unit is equipped with a switch 
that activates the automatic mode of the mobile unit and an automatic 
time-delay device that de-activates the transmitter after any 
uninterrupted transmission period in excess of 3 minutes. For the 
purposes of this rule section the continuous access signal can be 
achieved by use of digital or analog methods.

0
9. Section 90.259 is amended by revising paragraph (b)(4)(ii) to read 
as follows:


Sec.  90.259  Assignment and use of frequencies in the bands 216-220 
MHz and 1427-1432 MHz.

* * * * *
    (b) * * *
    (4) * * *
    (ii) Washington, DC metropolitan area--Counties of Montgomery, 
Prince George's and Charles in Maryland; Counties of Arlington, Prince 
William, Fauquier, Loudon, and Fairfax, and Cities of Alexandria, Falls 
Church, Fairfax, Manassas and Manassas Park in Virginia; and District 
of Columbia;
* * * * *


Sec.  90.267  [Amended]

0
10. Section 90.267 is amended by removing paragraph (e)(3) and 
redesignating paragraph (e)(4) as (e)(3).

0
11. Section 90.353 is amended by revising paragraph (f) to read as 
follows:


Sec.  90.353  LMS operations in the 902-928 MHz band.

* * * * *
    (f) Multilateration EA licensees may be authorized to operate on 
both the 919.75-921.75 MHz and 921.75-927.75 MHz bands within a given 
EA (see Sec.  90.209(b)(5)).
* * * * *

0
12. Section 90.357 is amended by revising paragraph (a) to read as 
follows:


Sec.  90.357  Frequencies for LMS systems in the 902-928 MHz band.

    (a) Multilateration LMS systems will be authorized on the following 
LMS sub-bands:

------------------------------------------------------------------------
                LMS sub-band                       Forward link \1\
------------------------------------------------------------------------
904.000-909.750 MHz.........................  927.750-928.000 MHz.
919.750-921.750 MHz.\2\                       927.500-927.750 MHz.
921.750-927.250 MHz.........................  927.250-927.500 MHz.
------------------------------------------------------------------------
\1\ Forward links for LMS systems may also be contained within the LMS
  sub-band. However, the maximum allowable power in these sub-bands is
  30 Watts ERP in accordance with Sec.   90.205(l).
\2\ The frequency band 919.750-921.750 MHz is shared co-equally between
  multilateration and non-multilateration LMS systems.

* * * * *

0
13. Section 90.621 is amended by revising paragraph (a) to read as 
follows:


Sec.  90.621   Selection and assignment of frequencies.

    (a) Applicants for frequencies in the Public Safety and Business/
Industrial/Land Transportation Categories must specify on the 
application the frequencies on which the proposed system will operate 
pursuant to a recommendation by the applicable frequency coordinator. 
Applicants for frequencies in the SMR Category must request specific 
frequencies by including in their applications the frequencies 
requested.
    (1) For trunked systems, the assignment of frequencies will be made 
in accordance with applicable loading criteria and in accordance with 
the following:
    (i) Channels will be chosen and assigned in accordance with 
Sec. Sec.  90.615, 90.617, or 90.619.
    (ii) A mobile station is authorized to transmit on any frequency 
assigned to its associated base station.

[[Page 19285]]

    (iii) There are no limitations on the number of frequencies that 
may be trunked. Authorizations for non-SMR stations may be granted for 
up to 20 trunked frequency pairs at a time in accordance with the 
frequencies listed in Sec. Sec.  90.615, 90.617, and 90.619.
    (2) For conventional systems the assignment of frequencies will be 
made in accordance with applicable loading criteria. Accordingly, 
depending upon the number of mobile units to be served, an applicant 
may either be required to share a channel, or, if an applicant shows a 
sufficient number of mobile units to warrant the assignment of one or 
more channels for its exclusive use, it may be licensed to use such 
channel or channels on an unshared basis in the area of operation 
specified in its application.
    (i) Channels will be chosen and assigned in accordance with 
Sec. Sec.  90.615, 90.617, or 90.619.
    (ii) A mobile station is authorized to transmit on any frequency 
assigned to its associated base station.
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
14. The authority citation for part 95 continues to read as follows:

    Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 
U.S.C. 154, 303.


0
15. Section 95.1101 is revised to read as follows:


Sec.  95.1101   Scope.

    This subpart sets out the regulations governing the operation of 
Wireless Medical Telemetry Devices in the 608-614 MHz, 1395-1400 MHz, 
and 1427-1432 MHz frequency bands. See Sec.  95.630 regarding 
permissible frequencies.

0
16. Section 95.1103 is amended by revising paragraph (c) to read as 
follows:


Sec.  95.1103  Definitions.

* * * * *
    (c) Wireless medical telemetry. The measurement and recording of 
physiological parameters and other patient-related information via 
radiated bi-or unidirectional electromagnetic signals in the 608-614, 
1395-1400 MHz and 1427-1432 MHz frequency bands.

0
17. Section 95.1111 is amended by revising paragraph (a) introductory 
text and adding paragraph (c) to read as follows:


Sec.  95.1111  Frequency coordination.

    (a) Prior to operation, authorized health care providers who desire 
to use wireless medical telemetry devices must register all devices 
with a designated frequency coordinator. Except as specified in Sec.  
95.1105, operation of WMTS equipment prior to registration is not 
authorized under this part. The registration must include the following 
information:
* * * * *
    (c) As of April 14, 2010, no registrations may be accepted for 
frequencies where WMTS does not have primary status. Previously 
registered secondary facilities may continue to operate as registered.

0
18. Section 95.1115 is amended by revising paragraphs (a)(2) and (d)(1) 
as follows:


Sec.  95.1115   General technical requirements.

    (a) * * *
    (2) In the 1395-1400 MHz and 1427-1432 MHz bands, the maximum 
allowable field strength is 740 mV/m, as measured at a distance of 3 
meters, using measuring equipment with an averaging detector and a 1MHz 
measurement bandwidth.
* * * * *
    (d) * * *
    (1) In the 1395-1400 MHz and 1427-1432 MHz bands, no specific 
channels are specified. Wireless medical telemetry devices may operate 
on any channel within the bands authorized for wireless medical 
telemetry use in this part.
* * * * *

0
19. Section 95.1121 is revised to read as follows:


Sec.  95.1121  Specific requirements for wireless medical telemetry 
devices operating in the 1395-1400 and 1427-1432 MHz bands.

    Due to the critical nature of communications transmitted under this 
part, the frequency coordinator in consultation with the National 
Telecommunications and Information Administration shall determine 
whether there are any Federal Government systems whose operations could 
affect, or could be affected by, proposed wireless medical telemetry 
operations in the 1395-1400 MHz and 1427-1432 MHz bands. The locations 
of government systems in these bands are specified in footnotes US351 
and US352 of Sec.  2.106 of this chapter.

[FR Doc. 2010-7648 Filed 4-13-10; 8:45 am]
BILLING CODE 6712-01-P