[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Rules and Regulations]
[Page 76704-76712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de05-15]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 22 and 90
[WT Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18; RM-
9498; RM-10024; FCC 05-174]
Private Land Mobile Services; 800 MHz Public Safety Interference
Proceeding
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission amends the definition of an
Enhanced Specialized Mobile Radio (ESMR) system; further delineates the
relocation rights of 800 MHz incumbent licensees; narrows the Expansion
Band in the Atlanta, Georgia region; reaffirms the Commission's
authority to grant Nextel Communications, Inc. (Nextel) spectrum rights
to ten megahertz of spectrum in the 1.9 GHz band; permits the
Transition Administrator (TA) to follow a calendar year for reporting
schedule purposes; permits Nextel to receive credit in the 800 MHz
`true-up' process for the relocation of certain additional BAS
incumbent licensees whose licenses were issued prior to November 12,
2004; and clarifies the definitions of ``unacceptable interference''
and ``Critical Infrastructure Industries'' (CII).
DATES: Effective January 27, 2006.
FOR FURTHER INFORMATION CONTACT: Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety
[[Page 76705]]
and Critical Infrastructure Division, Wireless Telecommunications
Bureau, (202) 418-0680, or TTY (202) 418-7233. Legal Information:
Roberto Mussenden, Esq., Roberto.Mussenden@FCC.gov, Public Safety and
Critical Infrastructure Division, Wireless Telecommunications Bureau
(202) 418-0680, or TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Memorandum Opinion and Order, FCC 05-174,
adopted October 3, 2005 and released on October 5, 2005.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
1.-2. The action contained herein has been analyzed with respect to
the Paperwork Reduction Act of 1995 (PRA) and found to impose no new or
modified reporting or recordkeeping requirements or burdens to the
public, including businesses with fewer than 25 employees.
B. Report to Congress
3. The Commission will send a copy of this Memorandum Opinion and
Order in a report to be sent to Congress and the General Accounting
Office pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
C. Supplemental Final Regulatory Flexibility Analysis
4. The Regulatory Flexibility Act (RFA) requires that an agency
prepare a regulatory flexibility analysis for notice-and-comment
rulemaking proceedings, unless the agency certifies that ``the rule
will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' As required by the RFA an
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in
the Notice of Proposed Rulemaking (``800 MHz NPRM'') in this
proceeding. The Commission sought written public comment on the
proposals in the 800 MHz NPRM, including comment on the IRFA. Based
upon the comments in response to the 800 MHz NPRM and the IRFA, the
Commission included a Final Regulatory Flexibility Analysis (``FRFA'')
in the Report and Order (800 MHz R&O) in this proceeding. The
Commission subsequently sought comment on ex parte presentations filed
in this proceeding. In the Supplemental Order and Order on
Reconsideration (Supplemental Order), the Commission, on its own
motion, amended the rules in a manner that did not significantly affect
small entities beyond the terms set forth in the FRFA. Accordingly, the
Commission included a Supplemental Regulatory Flexibility Analysis
(``Supplemental FRFA'') addressing those amendments consistent with the
RFA.
5. This Memorandum Opinion and Order clarifies portions of the 800
MHz R&O and companion Supplemental Order and addresses petitions for
reconsideration of the Commission's decisions in the 800 MHz R&O and
the Supplemental Order. Interested parties were afforded notice and
opportunity to comment on the petitions for reconsideration of the 800
MHz R&O and Supplemental Order. See 70 FR 17327. Several parties filed
oppositions to the petitions for reconsideration and replies to the
oppositions. The clarifications we make in this MO&O are in response to
the various petitions for reconsideration, oppositions and replies that
have been filed thus far. Accordingly, this Supplemental Regulatory
Flexibility Analysis (``Supplemental FRFA'') addresses those
clarifications and conforms to the RFA.
Need for, and Objectives of, the Order on Reconsideration
6. By way of background the 800 MHz R&O adopted a plan comprised of
both long-term and short-term components that the Commission concluded
represented the most effective solution to the problem of interference
to public safety licensees in the 800 MHz band. The Commission
addressed the ongoing interference problem over the short-term by
adopting technical standards defining unacceptable interference in the
800 MHz band and detailing responsibility for interference abatement.
The long-term component augmented the short-term component by
reconfiguring the 800 MHz band to separate generally incompatible
technologies whose current proximity to each other is the identified
root cause of unacceptable interference.
7. Enhanced Specialized Mobile Radio Systems. In this proceeding
the Commission divided the 800 MHz band into a cellular portion and
non-cellular portion to create spectral separation between incompatible
technologies. Section 90.614 provides that the cellular portion would
be reserved for licensees that operate cellular high-density systems.
Several parties sought reconsideration of the eligibility and operating
requirements applicable to the cellular band arguing that these
requirements are overly restrictive.
8. On our own motion we clarify the definition of ESMR system in
order to resolve an ambiguity between the text of the 800 MHz R&O and
Sec. 90.7 of the accompanying rules. This clarification is significant
to the extent that it defines those licensees that may elect to be
relocated into the cellular portion of the band. When the Commission
first established the eligibility criteria for relocation into the
cellular portion of the band, it spoke to existing ``ESMR'' systems.
The 800 MHz R&O inadvertently defined ESMR systems as those that employ
``high density'' cellular architecture. However the 800 MHz R&O had
also referred to an ``ESMR system,'' more generally, as a term to
describe systems that use multiple, interconnected, multi-channel
transmit/receive cells and employ frequency reuse to serve a larger
number of subscribers than is possible using non-cellular technology.
We resolve this contradiction by amending rule Sec. 90.7 to eliminate
the ``high density'' qualification for ESMR status. The practical
effect of this clarification is to ensure licensees operating in the
ESMR band have a fair amount of flexibility in the management of their
systems. The purpose of this clarification is to distinguish between
high-density systems that may not be operated in the non-ESMR portion
of the band not to require EA licensees that relocate to the ESMR band
to operate high-density systems should they elect to operate in the
ESMR band. To this end we also adopt a definition of ``800 MHz high-
density cellular system'' and ``800 MHz cellular system'' and revise
several part 22 and 90 rules to incorporate the distinction between 800
MHz cellular systems and high-density cellular systems in order to more
efficiently implement our band reconfiguration plan.
Economic Area Licensees
9. We also clarify that Economic Area (EA) licensees that elect to
relocate to the cellular band may relocate site-based systems so long
as they deploy a cellular system on their combined facilities by the
end of their EA license term. We also clarify that those incumbent EA
licensees that operate non-cellular systems in that portion of the
cellular band known as the ``Upper 200 band,'' must relocate from the
cellular band unless they deploy a cellular system. Failure to
construct a cellular system will result in automatic cancellation of
the relocated EA license and any site-based facilities relocated to the
cellular band. The purpose of this clarification is to: (1) Avoid
replicating in the cellular band the same incompatible mix of
technologies that resulted in this proceeding; (2) ensure that
licensees genuinely interested in competing with cellular operators
have the opportunity to move forward with
[[Page 76706]]
their business plans and (3) inhibit the ability of speculative
licensees to allow valuable spectrum to lie fallow or under utilized in
an attempt to maximize resale value. In this connection, EA licensees,
consistent with their existing construction and operational
obligations, must notify the Commission whether they have constructed
in accordance with the operational rules governing the ESMR band.
Overall, this clarification confers upon EA licensees the benefit of
added flexibility.
Unacceptable Interference
10. In the 800 MHz R&O, the Commission adopted an objective
standard for defining what constitutes ``unacceptable interference'' to
public safety and other non-cellular systems in the 800 MHz band. The
purpose of defining unacceptable interference is to determine the
rights and responsibilities of parties to alleviate interference. One
petitioner requested that we clarify that the ``unacceptable
interference'' standard will apply only to interference created by
licensees employing cellular architecture systems. According to this
petitioner the heading and text of Sec. 90.672 implies that
``unacceptable interference'' could be created by any type of licensee
including non-cellular licensees. We clarify the heading and text of
Sec. 90.672 to specify that ``unacceptable interference'' to 800 MHz
non-cellular licensees is that which originates from one or a
combination of 800 MHz cellular-architecture licensees, regardless of
whether the cellular-architecture licensee employs a ``high-density''
or ``low-density'' cellular system. In this connection we replace the
reference to harmful interference in Sec. 90.672 with the term
unacceptable interference.
Critical Infrastructure Industry
11. One Petitioner pointed out that Sec. 90.7 imprecisely defined
Critical Infrastructure Industries (CII). Accordingly we clarify the
definition of CII.
Southeast Region Band Plan
12. Section 90.617 is updated to reflect the distribution of
channels between the various pool categories in the SouthernLINC/Nextel
counties listed in Sec. 90.614(c). In the 800 MHz R&O the Commission
adopted a band plan for the Southeast Region. Part of this band plan
included a 1 MHz Expansion band, designed to create spectral separation
between public safety and ESMR operations. Subsequently we have
received petitions for reconsideration seeking to eliminate or reduce
the size of the Expansion band because there is insufficient amount of
spectrum to accommodate Public Safety and cellular operations in the
Atlanta market. Accordingly, we reduce the size of the Expansion band
in the Atlanta market and up to seventy miles outside Atlanta.
Transition Administrator Reports
13. Sections 90.676(b)(3) and (4) are revised to allow the
Transition Administrator to choose the date for filing quarterly and
annual reports regarding band reconfiguration. Previously Sec. 90.676
required that the TA submit its reports based on the effective date of
the Report and Order. We have since learned that this requirement would
be complicated by Nextel Communications, Inc.'s obligations to the
Securities and Exchange Commission. We therefore modify our rules to
permit the TA to file its quarterly and annual reports with the
Commission on the first business day following Nextel's quarterly and
annual filings with the Securities and Exchange Commission.
Dispute Resolution
14. One petitioner pointed out an ambiguity and inadvertent
omission in our 800 MHz band reconfiguration dispute resolution
procedures. Accordingly we revise Sec. 90.677(d) of our rules to
clarify that the Transition Administrator must forward unresolved
disputed issues remaining at the end of the mandatory negotiation
period within thirty days of the end of the mandatory negotiation
period. We also will modify Sec. 90.674 of our rules to codify the
dispute resolution procedures set forth in the text of the 800 MHz R&O.
Frequency Coordination
15. Section 90.175 is revised to clarify that 800 MHz Economic Area
licensees and 900 MHz SMR licensees will continue to be exempt from
frequency coordination requirements. Previously, in the Supplemental
Order we provided that 800 MHz site-based SMR licensees will be subject
to frequency coordination in the 800 MHz band but inadvertently omitted
this requirement from the rules. Accordingly we correct this omission.
Summary of Significant Issues Raised in Response to the FRFA
16. No parties have addressed the FRFA in any subsequent filings.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
17. The RFA generally defines ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' [FN352] In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. A ``small business concern'' is
one which: (1) Is independently owned and operated; (2) is not dominant
in its field of operation; and (3) satisfies any additional criteria
established by the Small Business Administration (SBA).
18. In this MO&O, the Commission is amending the final rules
adopted in the 800 MHz R&O and Supplemental Order. In this Further
FRFA, we incorporate by reference the description and estimate of the
number of small entities from the FRFA in the 800 MHz R&O, which
identifies as potentially affected entities Governmental Licensees,
Public Safety Radio Licensees, Wireless Telecommunications, Business,
Industrial and Land Transportation Licensees, and Specialized Mobile
Radio Licensees.
19. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operates and is not
dominant in its field.'' Nationwide as of 2002, there were
approximately 1.6 million small organizations. The term ``small
governmental jurisdiction'' is defined as ``governments of cities,
towns, townships, villages, school districts, or special districts,
with a population of less than fifty thousand.'' As of 1997, there were
approximately 87,453 governmental jurisdictions in the United States.
This number includes 39,044 county governments, municipalities and
townships, of which 37,546 (approximately 96.2%) have populations of
fewer than 50,000, and of which 1,498 have populations of 50,000 or
more. Thus, we estimate the number of small governmental jurisdictions
overall to be 84,098 or fewer. Nationwide, there are a total of
approximately 22.4 million small businesses, according to SBA data.
Description of Projected Reporting, Recordkeeping and other Compliance
Requirements
20. We do not adopt new reporting, recordkeeping or other
compliance requirements in this MO&O.
Steps Taken to Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
21. 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 (among others): (1)
The establishment of
[[Page 76707]]
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.
22. As noted above, we reduce the size of the Expansion band in
Atlanta, rather than eliminating the Expansion band in the Atlanta
area. Although we reduce the Expansion band in Atlanta by .5 MHz, we
maintain spectral separation between public safety and ESMR band
operations. The purpose of maintaining spectral separation between
public safety licensees operating in the non-cellular band and ESMR
licensees operating in the cellular band is to reduce the incidence of
interference to public safety. In contrast, if we had eliminated the
Expansion band, we would have eliminated any spectral separation
between public safety and ESMR systems operating in the cellular
portion of the band. Further, public safety will continue to be
entitled to interference protection from unacceptable interference. As
a concession, however, some Atlanta-based B/ILT incumbents who would
otherwise not be required to change frequencies will be required to
relocate to the Expansion Band in order to accommodate public safety
licensees relocating below the Expansion Band.
23. The Commission will send a copy of this Memorandum Opinion and
Order, including this Supplemental Final Regulatory Flexibility
Certification, in a report to be sent to Congress and the General
Accounting Office pursuant to the Congressional Review Act. See 5
U.S.C. 801(a)(1)(A). In addition the Commission will send a copy of the
Order including a copy of this Memorandum Opinion and Order Final
Regulatory Flexibility Certification, to the Chief Counsel for Advocacy
of the SBA. See 5 U.S.C. 605(b).
A summary of this Memorandum Opinion and Order and this
certification will also be published in the Federal Register.
List of Subjects in 47 CFR Parts 22 and 90
Communications, Communications common carriers, Communications
equipment, Radio, Reporting and recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 22 and 90 as follows:
PART 22--PUBLIC MOBILE SERVICES
0
1. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309 and 332.
0
2. In Sec. 22.970, the section heading and paragraph (a) introductory
text are revised to read as follows:
Sec. 22.970 Unacceptable interference to part 90 non-cellular 800 MHz
licensees from cellular radiotelephone or part 90-800 MHz cellular
systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to non-cellular part 90 licensees in the 800
MHz band from cellular radiotelephone or part 90-800 MHz cellular
systems will be deemed to occur when the below conditions are met:
* * * * *
0
3. In Sec. 22.971 paragraph (a) is revised to read as follows:
Sec. 22.971 Obligation to abate unacceptable interference.
(a) Strict Responsibility. Any licensee who, knowingly or
unknowingly, directly or indirectly, causes or contributes to causing
unacceptable interference to a non-cellular part 90 of this chapter
licensee in the 800 MHz band, as defined in Sec. 22.970, shall be
strictly accountable to abate the interference, with full cooperation
and utmost diligence, in the shortest time practicable. Interfering
licensees shall consider all feasible interference abatement measures,
including, but not limited to, the remedies specified in the
interference resolution procedures set forth in Sec. 22.972(c). This
strict responsibility obligation applies to all forms of interference,
including out-of-band emissions and intermodulation.
* * * * *
0
4. In Sec. 22.972, paragraph (c)(1) introductory text is revised to
read as follows:
Sec. 22.972 Interference resolution procedures.
* * * * *
(c) * * *
(1) All Cellular Radiotelephone and part 90 of this chapter--800
MHz cellular system licensees who are responsible for causing
unacceptable interference shall take all affirmative measures to
resolve such interference. Cellular Radiotelephone licensees found to
contribute to unacceptable interference, as defined in Sec. 22.970,
shall resolve such interference in the shortest time practicable.
Cellular Radiotelephone licensees and part 90 of this chapter--800 MHz
cellular system licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may
be necessary to determine the most appropriate means of timely
eliminating the interference. However, the means whereby interference
is abated or the cell parameters that may need to be adjusted is left
to the discretion of the Cellular Radiotelephone and/or part 90 of this
chapter--800 MHz cellular system licensees, whose affirmative measures
may include, but not be limited to, the following techniques:
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
5. The authority citation for part 90 continues to read as follows:
Authority: 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
6. In Sec. 90.7, the definition for ``Cellular System (800 MHZ)'' is
removed, the definition for ``800 MHz Cellular System'' is added in its
place, the definition for ``800 MHz High Density Cellular System'' is
added following the definition for ``800 MHz Cellular System'', and the
definition for ``Critical Infrastructure Industry (CII)'' is revised to
read as follows:
Sec. 90.7 Definitions.
* * * * *
800 MHz Cellular System. In the 806-824 MHz/ 851-869 MHz band, a
system that uses multiple, interconnected, multi-channel transmit/
receive cells capable of frequency reuse and automatic handoff between
cell sites to serve a larger number of subscribers than is possible
using non-cellular technology.
800 MHz High Density Cellular System. In the 806-824 MHz/ 851-869
MHz band, a high density cellular system is defined as a cellular
system which:
(1) Has more than five overlapping interactive sites featuring
hand-off capability; and
(2) Any one of such sites has an antenna height of less than 30.4
meters (100 feet) above ground level with an
[[Page 76708]]
antenna height above average terrain (HAAT) of less than 152.4 meters
(500 feet) and twenty or more paired frequencies.
* * * * *
Critical Infrastructure Industry (CII). State, local government and
non-government entities, including utilities, railroads, metropolitan
transit systems, pipelines, private ambulances, volunteer fire
departments, and not-for-profit organizations that offer emergency road
services, providing private internal radio services provided these
private internal radio services are used to protect safety of life,
health, or property; and are not made commercially available to the
public.
* * * * *
0
7. In Sec. 90.175, paragraph (j)(8) is revised to read as follows:
Sec. 90.175 Frequency coordination requirements.
* * * * *
(j) * * *
(8) Applications for SMR frequencies contained in Sec. Sec.
90.617(d) Table 4A, 90.617(e), 90.617(f) and 90.619(b)(2).
* * * * *
0
8. In Sec. 90.614, the section heading, the introductory text, and
paragraphs (a), (b) and (c) introductory text are revised to read as
follows:
Sec. 90.614 Segments of the 806-824/851-869 MHz band for non-border
areas.
The 806-824/851-869 MHz band (``800 MHz band'') will be divided as
follows at locations farther then 110 km (68.4 miles) from the U.S./
Mexico border and 140 km (87 miles) from the U.S./Canadian border
(``non-border areas'')
(a) 800 MHz high density cellular systems--as defined in Sec.
90.7--are prohibited from operating on channels 1-550 in non-border
areas.
(b) 800 MHz high density cellular systems--as defined in Sec.
90.7--are permitted to operate on channels 551-830 in non-border areas.
(c) In the following counties and parishes, 800 MHz high density
cellular systems--as defined in Sec. 90.7--are permitted to operate on
channels 411-830:
* * * * *
0
9. In Sec. 90.615, paragraph (a) introductory text is revised to read
as follows:
Sec. 90.615 Individual channels available in the General Category in
806-824/851-869 MHz band.
* * * * *
(a) In a given 800 MHz NPSPAC region, any channel in the 231-260
range which is vacated by a licensee relocating to channels 551-830 and
which remains vacant after band reconfiguration will be available as
follows:
* * * * *
0
10. In Sec. 90.617, revise paragraphs (a), (b), (d), (e), (g)
introductory text, (h) introductory text, (i) introductory text, (j)
introductory text, and (k) introductory text to read as follows:
Sec. 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-
901/935-940 MHz bands available for trunked, conventional or cellular
system use in non-border areas.
* * * * *
(a) Unless otherwise specified, the channels listed in Table 1 and
paragraph (a)(1) of this section are available for to eligible
applicants in the Public Safety Category which consists of licensees
eligible in the Public Safety Pool of subpart B of this part. 800 MHz
high density cellular systems as defined in Sec. 90.7 are prohibited
on these channels. These frequencies are available in non-border areas.
Specialized Mobile Radio Systems will not be authorized in this
category. These channels are available for intercategory sharing as
indicated in Sec. 90.621(e).
Table 1.--Public Safety Pool 806-816/851-861 MHz Band Channels
[70 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
269....................................... 269-289-311-399-439
270....................................... 270-290-312-400-440
279....................................... 279-299-319-339-359
280....................................... 280-300-320-340-360
309....................................... 309-329-349-369-389
310....................................... 310-330-350-370-390
313....................................... 313-353-393-441-461
314....................................... 314-354-394-448-468
321....................................... 321-341-361-381-419
328....................................... 328-348-368-388-420
351....................................... 351-379-409-429-449
332....................................... 352-380-410-430-450
Single Channels........................... 391, 392, 401, 408, 421,
428, 459, 460, 469, 470
------------------------------------------------------------------------
(1) Channels numbers 1-230 are also available to eligible
applicants in the Public Safety Category in non-border areas. The
assignment of these channels will be done in accordance with the
policies defined in the Report and Order of Gen. Docket No. 87-112 (See
Sec. 90.16). The following channels are available only for mutual aid
purposes as defined in Gen. Docket No. 87-112: channels 1, 39, 77, 115,
153.
(2) Except as provided in paragraph (a)(3) of this section, the
channels listed in Table 1A are available in the counties listed in
Sec. 90.614(c) to eligible applicants in the Public Safety Category.
800 MHz high density cellular systems as defined in Sec. 90.7 are
prohibited on these channels. These channels are available for
intercategory sharing as indicated in Sec. 90.621(e).
Table 1A.--Public Safety Pool 806-816/851-861 MHz Band Channels for
Counties in Southeastern U.S.
[70 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
261....................................... 261-313-324-335-353
262....................................... 262-314-325-336-354
265....................................... 265-285-315-333-351
266....................................... 266-286-316-334-352
269....................................... 269-289-311-322-357
270....................................... 270-290-312-323-355
271....................................... 271-328-348-358-368
279....................................... 279-299-317-339-359
280....................................... 280-300-318-340-360
309....................................... 309-319-329-349-369
310....................................... 310-320-330-350-370
321....................................... 321-331-341-361-372
Single Channels........................... 326, 327, 332, 337, 338,
342, 343, 344, 345, 356
------------------------------------------------------------------------
(3) The channels listed in Table 1B are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA to eligible
applicants in the Public Safety Category. The center city coordinates
of Atlanta, GA--for the purposes of the rule--are defined as
33[deg]44'55'' NL, 84[deg]23'17'' WL. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
These channels are available for intercategory sharing as indicated in
Sec. 90.621(e).
[[Page 76709]]
Table 1B.--Public Safety Pool 806-816/851-861 MHz Band Channels for
Atlanta, GA
[70 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
261....................................... 261-313-324-335-353
262....................................... 262-314-325-336-354
269....................................... 269-289-311-322-357
270....................................... 270-290-312-323-355
279....................................... 279-299-319-339-359
280....................................... 280-300-320-340-360
285....................................... 285-315-333-351-379
286....................................... 286-316-334-352-380
309....................................... 309-329-349-369-389
310....................................... 310-330-350-370-390
321....................................... 321-331-341-361-381
328....................................... 328-348-358-368-388
Single Channels........................... 317, 318, 326, 327, 332,
337, 338, 356, 371, 372
------------------------------------------------------------------------
(b) Unless otherwise specified, the channels listed in Table 2 are
available to applicants eligible in the Industrial/Business Pool of
subpart C of this part but exclude Special Mobilized Radio Systems as
defined in Sec. 90.603(c). 800 MHz high density cellular systems as
defined in Sec. 90.7 are prohibited on these channels. These
frequencies are available in non-border areas. Specialized Mobile Radio
(SMR) systems will not be authorized on these frequencies. These
channels are available for inter-category sharing as indicated in Sec.
90.621(e).
Table 2.--Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band Channels
[100 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
322....................................... 322-362-402-442-482
323....................................... 323-363-403-443-483
324....................................... 324-364-404-444-484
325....................................... 325-365-405-445-485
326....................................... 326-366-406-446-486
327....................................... 327-367-407-447-487
342....................................... 342-382-422-462-502
343....................................... 343-383-423-463-503
344....................................... 344-384-424-464-504
345....................................... 345-385-425-465-505
346....................................... 346-386-426-466-506
347....................................... 347-387-427-467-507
Single Channels........................... 261, 271, 281, 291, 301,
262, 272, 282, 292, 302,
263, 273, 283, 293, 303,
264, 274, 284, 294, 304,
265, 275, 285, 295, 305,
266, 276, 286, 296, 306,
267, 277, 287, 297, 307,
268, 278, 288, 298, 308
------------------------------------------------------------------------
(1) Except as provided in paragraph (b)(2) of this section, the
channels listed in Table 2A are available in the counties listed in
Sec. 90.614(c) to eligible applicants in the Industrial/Business Pool
of subpart C of this part but exclude Special Mobilized Radio Systems
as defined in Sec. 90.603(c). 800 MHz high density cellular systems as
defined in Sec. 90.7 are prohibited on these channels. These channels
are available for intercategory sharing as indicated in Sec.
90.621(e).
Table 2A.--Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band for Channels in Southeastern U.S.
[69 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 263, 264, 267, 268, 272,
273, 274, 275, 276, 277,
278, 281, 282, 283, 284,
287, 288, 291, 292, 293,
294, 295, 296, 297, 298,
301, 302, 303, 304, 305,
306, 307, 308, 346, 347,
362, 363, 364, 365, 366,
367, 379, 380, 381, 382,
383, 384, 385, 386, 387,
388, 389, 390, 391, 392,
393, 394, 399, 400, 401,
402, 403, 404, 405, 406,
407, 408, 409, 410
------------------------------------------------------------------------
(2) The channels listed in Table 2B are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA, to eligible
applicants in the Industrial/Business Pool of subpart C of this part
but exclude Special Mobilized Radio Systems as defined in Sec.
90.603(c). The center city coordinates of Atlanta, GA--for the purposes
of the rule--are defined as 33[deg]44'55'' NL, 84[deg]23'17'' WL. 800
MHz high density cellular systems as defined in Sec. 90.7 are
prohibited on these channels. These channels are available for
intercategory sharing as indicated in Sec. 90.621(e).
Table 2B.--Business/Industrial/Land Transportation Pool 806-816/851-861
MHz Band for Channels in Atlanta, GA
[69 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 263, 264, 265, 266, 267,
268, 271, 272, 273, 274,
275, 276, 277, 278, 281,
282, 283, 284, 287, 288,
291, 292, 293, 294, 295,
296, 297, 298, 301, 302,
303, 304, 305, 306, 307,
308, 342, 343, 344, 345,
346, 347, 362, 363, 364,
365, 366, 367, 382, 383,
384, 385, 386, 387, 391,
392, 393, 394, 399, 400,
401, 402, 403, 404, 405,
406, 407, 409, 410
------------------------------------------------------------------------
* * * * *
(d) Unless otherwise specified, the channels listed in Tables 4A
and 4B are available only to eligibles in the SMR category--which
consists of Specialized Mobile Radio (SMR) stations and eligible end
users. 800 MHz high density cellular systems, as defined in Sec. 90.7,
are prohibited on these channels. These frequencies are available in
non-border areas. The spectrum blocks listed in Table 4A are available
for EA-based services (as defined by Sec. 90.681) prior to January 21,
2005. No new EA-based services will be authorized after January 21,
2005. EA-based licensees who operate non-high-density cellular systems
prior to January 21, 2005, may choose to remain on these channels in
the non-high-density cellular portion of the 800 MHz band (as defined
in Sec. 90.614). These licensees may continue to operate non-high-
density cellular systems and will be grandfathered indefinitely. The
channels listed in Table 4B will be available for site-based licensing
after January 21, 2005, in any
[[Page 76710]]
Economic Area where no EA-based licensee is authorized for these
channels.
Table 4A.--EA-Based SMR Category 806-816/851-861 MHz Band Channels,
Available Prior to January 21, 2005
[80 Channels]
------------------------------------------------------------------------
Spectrum block Channel Nos.
------------------------------------------------------------------------
G......................................... 311-351-391-431-471
H......................................... 312-352-392-432-472
I......................................... 313-353-393-433-473
J......................................... 314-354-394-434-474
K......................................... 315-355-395-435-475
L......................................... 316-356-396-436-476
M......................................... 317-357-397-437-477
N......................................... 318-358-398-438-478
O......................................... 331-371-411-451-491
P......................................... 332-372-412-452-492
Q......................................... 333-373-413-453-493
R......................................... 334-374-414-454-494
S......................................... 335-375-415-455-495
T......................................... 336-376-416-456-496
U......................................... 337-377-417-457-497
V......................................... 338-378-418-458-498
------------------------------------------------------------------------
Table 4B.--SMR Category 806-816/851-861 MHz Band Channels, Available
After January 21, 2005, for Site-Based Licensing
[80 Channels]
------------------------------------------------------------------------
Group No. Channel Nos.
------------------------------------------------------------------------
315....................................... 315-355-395-435-475
316....................................... 316-356-396-436-476
317....................................... 317-357-397-437-477
318....................................... 318-358-398-438-478
331....................................... 331-371-411-451-491
332....................................... 332-372-412-452-492
333....................................... 333-373-413-453-493
334....................................... 334-374-414-454-494
335....................................... 335-375-415-455-495
336....................................... 336-376-416-456-496
337....................................... 337-377-417-457-497
338....................................... 338-378-418-458-498
Single Channels........................... 431, 432, 433, 434, 471,
472, 473, 474, 479, 480,
481, 488, 489, 490, 499,
500, 501, 508, 509, 510
------------------------------------------------------------------------
(1) Except as provided in paragraph (d)(2) of this section, the
channels listed in Table 4C are available in the counties listed in
Sec. 90.614(c) for non-high-density cellular operations only to
eligibles in the SMR category--which consists of Specialized Mobile
Radio (SMR) stations and eligible end users. 800 MHz high density
cellular systems as defined in Sec. 90.7 are prohibited on these
channels. These channels are available for intercategory sharing as
indicated in Sec. 90.621(e).
Table 4C.--SMR Category 806-816/851-861 MHz Band Channels Available for
Site-Based Licensing in Southeastern U.S. After January 21, 2005
[11 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 371, 373, 374, 375, 376,
377, 378, 395, 396, 397,
398
------------------------------------------------------------------------
(2) The channels listed in Table 4D are available within 113 km (70
mi) of the center city coordinates of Atlanta, GA, only to eligibles in
the SMR category--which consists of Specialized Mobile Radio (SMR)
stations and eligible end users. The center city coordinates of
Atlanta, GA--for the purposes of this rule--are defined as
33[deg]44'55'' NL, 84[deg]23'17'' WL. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
These channels are available for intercategory sharing as indicated in
Sec. 90.621(e). 800 MHz high density cellular systems as defined in
Sec. 90.7 are prohibited on these channels. These channels are
available for intercategory sharing as indicated in Sec. 90.621(e).
Table 4D.--SMR Category 806-816/851-861 MHz Band Channels Available for
Site-Based Licensing in Atlanta, GA after January 21, 2005
[11 Channels]
------------------------------------------------------------------------
Channel Nos.
------------------------------------------------------------------------
Single Channels........................... 373, 374, 375, 376, 377,
378, 395, 396, 397, 398,
408
------------------------------------------------------------------------
(e) The Channels listed in Sec. 90.614(b) and (c) are available to
eligibles in the SMR category--which consists of Specialized Mobile
Radio (SMR) stations and eligible end users. ESMR licensees which
employ an 800 MHz high density cellular system, as defined in Sec.
90.7, are permitted to operate on these channels in non-border areas.
ESMR licensees authorized prior to January 21, 2005, may continue to
operate, if they so choose, on the channels listed in Table 5. These
licensees will be grandfathered indefinitely.
Table 5.--ESMR Category 816-821 MHz Band Channels for Cellular
Operations in Non-Border Areas Available Prior to January 21, 2005
[200 Channels]
------------------------------------------------------------------------
Spectrum block Channel Nos.
------------------------------------------------------------------------
A......................................... 511 through 530.
B......................................... 531 through 590.
C......................................... 591 through 710.
------------------------------------------------------------------------
* * * * *
(g) In a given 800 MHz NPSPAC region, channels below 471 listed in
Tables 2 and 4B which are vacated by licensees relocating to channels
551-830 and which remain vacant after band reconfiguration will be
available as follows:
* * * * *
(h) In a given 800 MHz NPSPAC region, channels below 471 listed in
Tables 2 and 4B which are vacated by a licensee relocating to channels
511-550 and remain vacant after band reconfiguration will be available
as follows:
* * * * *
(i) Special Mobilized Radio Systems licensees who operate systems,
other than 800 MHz high density cellular systems, on any of the public
safety channels listed in Table 1 prior to January 21, 2005, are
grandfathered and may continue to operate on these channels
indefinitely. These grandfathered licensees will be
[[Page 76711]]
prohibited from operating 800 MHz high density cellular systems as
defined in Sec. 90.7. Site-based licensees who are grandfathered on
any of the public safety channels listed in Table 1 may modify their
license only if they obtain concurrence from a certified public safety
coordinator in accordance with Sec. 90.175(c). Grandfathered EA-based
licensees, however, are exempt from any of the frequency coordination
requirements of Sec. 90.175 as long as their operations remain within
the Economic Area defined by their license in accordance with the
requirements of Sec. 90.683(a).
(j) Licensees operating 800 MHz high density cellular systems on
the channels listed in Sec. 90.614(a), prior to January 21, 2005, may
elect to continue operating on these channels and will be permitted to
continue operating 800 MHz high density cellular systems (as defined in
Sec. 90.7) in this portion of the band. These licensees will be
grandfathered indefinitely subject to the provisions of Sec. Sec.
90.673, 90.674 and 90.675.
(k) Licensees may operate systems other than 800 MHz high density
cellular systems (as defined in Sec. 90.7) on Channels 511-550 at any
location vacated by an EA-based SMR licensee. For operations on these
channels, unacceptable interference (as defined in Sec. 22.970 of this
chapter and Sec. 90.672) will be deemed to occur only at sites where
the following median desired signals are received (rather than those
specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1(i). The minimum required median desired signal, as measured
at the R.F. input of the receiver, will be as follows:
* * * * *
0
11. In Sec. 90.619 paragraph (d)(2) is revised to read as follows:
Sec. 90.619 Frequencies available for use in the U.S./Mexico and
U.S./Canada border areas.
* * * * *
(d) * * *
(2) All frequency assignments made pursuant to paragraph (d)(1) of
this section shall comply with the requirements of Sec. 90.619(b).
* * * * *
0
12. In Sec. 90.672, the section heading and the introductory text of
paragraph (a) are revised to read as follows:
Sec. 90.672 Unacceptable interference to non-cellular 800 MHz
licensees from 800 MHz cellular systems or Part 22 Cellular
Radiotelephone systems.
(a) Definition. Except as provided in 47 CFR 90.617(k),
unacceptable interference to non-cellular licensees in the 800 MHz band
from 800 MHz cellular systems or part 22 of this chapter, Cellular
Radiotelephone systems will be deemed to occur when the below
conditions are met:
* * * * *
0
13. In Sec. 90.674, paragraphs (a) introductory text and (c)(1)
introductory text are revised to read as follows:
Sec. 90.674 Interference resolution procedures before, during and
after band reconfiguration.
(a) Initial Notification. Any non-cellular licensee operating in
the 806-824/851-869 MHz band who reasonably believes it is receiving
unacceptable interference, as described in Sec. 90.672, shall provide
an initial notification of the interference incident. This initial
notification of an interference incident shall be sent to all part 22
of this chapter Cellular Radiotelephone licensees and ESMR licensees
who operate cellular base stations (``cell sites'') within 1,524 meters
(5,000 feet) of the interference incident.
* * * * *
(c) * * *
(1) All 800 MHz cellular system licensees and part 22 of this
chapter Cellular Radiotelephone licensees who are responsible for
causing unacceptable interference shall take all affirmative measures
to resolve such interference. 800 MHz cellular system licensees found
to contribute to harmful interference, as defined in Sec. 90.672,
shall resolve such interference in the shortest time practicable. 800
MHz cellular system licensees and part 22 of this chapter Cellular
Radiotelephone licensees must provide all necessary test apparatus and
technical personnel skilled in the operation of such equipment as may
be necessary to determine the most appropriate means of timely
eliminating the interference. However, the means whereby interference
is abated or the cell parameters that may need to be adjusted is left
to the discretion of involved 800 MHz cellular system licensees and/or
part 22 of this chapter Cellular Radiotelephone licensees, whose
affirmative measures may include, but not be limited to, the following
techniques:
* * * * *
0
14. In Sec. 90.676 paragraphs (b)(3), (b)(4), and (b)(5) are revised
to read as follows:
Sec. 90.676 Transition administrator for reconfiguration of the 806-
824/851-869 MHz band in order to separate high-density cellular systems
from non-cellular systems.
* * * * *
(b) * * *
(3) Provide quarterly progress reports to the Commission in such
detail as the Commission may require and include, with such reports,
certifications by Nextel and the relevant licensees that relocation has
been completed and that both parties agree on the amount received from
the letter of credit proceeds in connection with relocation of the
licensees' facilities. The report shall include description of any
disputes that have arisen and the manner in which they were resolved.
These quarterly reports need not be audited. The Transition
Administrator may select the dates for filing the quarterly progress
reports;
(4) Provide to the Public Safety and Critical Infrastructure
Division with an annual audited statement of relocation funds expended
to date, including salaries and expenses of Transition Administrator.
The Transition Administrator may select the date for filing the annual
audited statement;
(5) Facilitate resolution of disputes by mediation; or referral of
the parties to alternative dispute resolution services as described in
Sec. 90.677(d).
* * * * *
0
15. In Sec. 90.677, the introductory paragraph and paragraph (d) are
revised to read as follows:
Sec. 90.677 Reconfiguration of the 806-824/851-869 MHz band in order
to separate high-density cellular systems from non-cellular systems.
In order to facilitate reconfiguration of the 806-824/851-869 MHz
band (``800 MHz band'') to separate high-density cellular systems from
non-cellular systems, Nextel Communications, Inc. (Nextel) may relocate
incumbents within the 800 MHz band by providing ``comparable
facilities.'' For the limited purpose of band reconfiguration, the
provisions of Sec. 90.157 shall not apply and inter-category sharing
will be permitted under all circumstances. Such relocation is subject
to the following provisions:
* * * * *
(d) Transition Administrator. (1) The Transition Administrator, or
other mediator, shall attempt to resolve disputes referred to it before
the conclusion of the mandatory negotiation period as described in
Sec. 90.677(c) within thirty working days after the Transition
Administrator has received a submission by one party and a response
from the other party. Any party thereafter may seek expedited non-
binding arbitration which must be completed within thirty days of the
Transition Administrator's, or other mediator's recommended decision or
advice. Should issues still remain
[[Page 76712]]
unresolved they may be referred to the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau within thirty days of the Transition Administrator's, or other
mediator's recommended decision or advice. When referring an unresolved
matter to the Chief of the Public Safety and Critical Infrastructure
Division, the Transition Administrator shall forward the entire record
on any disputed issues, including such dispositions thereof that the
Transition Administrator has considered. Upon receipt of such record
and advice, the Commission will decide the disputed issues based on the
record submitted. The authority to make such decisions is delegated to
the Chief of the Public Safety and Critical Infrastructure Division of
the Wireless Telecommunications Bureau who may decide the disputed
issue or designate it for an evidentiary hearing before an
Administrative Law Judge. If the Chief of the Public Safety and
Critical Infrastructure Division of the Wireless Telecommunications
Bureau decides an issue, any party to the dispute wishing to appeal the
decision may do so by filing with the Commission, within ten days of
the effective date of the initial decision, a Petition for de novo
review; whereupon the matter will be set for an evidentiary hearing
before an Administrative Law Judge. Any disputes submitted to the
Transition Administrator after the conclusion of the mandatory
negotiation period as described in Sec. 90.677(c) shall be resolved as
described in Sec. 90.677(d)(2).
(2) If no agreement is reached during either the voluntary or
mandatory negotiating periods, all disputed issues shall be referred to
the Transition Administrator who shall attempt to resolve them. If
disputed issues remain thirty working days after the end of the
mandatory negotiation period, the Transition Administrator shall
forward the record to the Chief of the Public Safety and Critical
Infrastructure Division, together with advice on how the matter(s) may
be resolved. The Chief of the Public Safety and Critical Infrastructure
Division is hereby delegated the authority to rule on disputed issues,
de novo. If the Chief of the Public Safety and Critical Infrastructure
Division of the Wireless Telecommunications Bureau decides an issue,
any party to the dispute wishing to appeal the decision may do so by
filing with the Commission, within ten days of the effective date of
the initial decision, a Petition for de novo review; whereupon the
matter will be set for an evidentiary hearing before an Administrative
Law Judge.
* * * * *
0
16. In Sec. 90.685 paragraph (e) is added to read as follows:
Sec. 90.685 Authorization, construction and implementation of EA
licenses.
* * * * *
(e) EA licensees operating on channels listed in Sec. 90.614(b)
and (c) must implement an Enhanced Specialized Mobile Radio (ESMR)
system--as defined in Sec. 90.7--on their EA license and any
associated site-based licenses prior to the expiration date of the EA
license. EA licensees operating on these channels shall follow the
construction notification procedures set forth in Sec. 1.946(d) of
this chapter. Failure to implement an ESMR system on their EA and site-
based licenses before the expiration date of the EA license will result
in termination of the EA license and any associated site-based licenses
pursuant to Sec. 1.946(c) of this chapter.
[FR Doc. 05-24373 Filed 12-27-05; 8:45 am]
BILLING CODE 6712-01-P