The Association of American Railroads (hereinafter "AAR") and the Federal Communications Commission (hereinafter "FCC" or "Commission") hereby enter into this Memorandum Of Understanding which establishes procedures whereby AAR will assist the Commission with the investigation and resolution of complaints of interference or compliance involving users of frequencies which formerly comprised the "Railroad Radio Service."[1]

I. PURPOSE

The purpose of this Memorandum Of Understanding is to establish a procedure whereby AAR, the only frequency advisory committee certified by the FCC to coordinate railroad frequency use, will work with the Commission's Compliance and Information Bureau ("CIB") to protect the technical and regulatory integrity of railroad frequencies. Specifically, the approach set forth below will advance the special, quasi-public safety communications needs of railroad radio service spectrum users by ensuring speedier resolution of interference complaints. In addition, this procedure will allow the Commission to conserve valuable resources.

II. AAR INTERFERENCE RESOLUTION PROCESS

1. Complaint Process
   1. AAR will field complaints of interference of non-compliance involving use of railroad frequencies by a licensee or its representative.

   2. Upon receipt, AAR will process such complaint through the completion of a standard "Compliance Request Report" ("CRR") (attached).

   3. Each Compliance Request Form will be assigned a CRR Tracking Number.

2. Investigation and Resolution Process.
   1. Educational Problems and Resolutions.
      1. Where AAR determines that an interference problem is caused by a licensee unwittingly operating beyond the scope of its license, AAR will notify the offending licensee of the interference, its obligations under the FCC's rules and regulations, and advise it of necessary steps to eliminate the interference.

      2. Where AAR determines that the offending interference is caused by the operations of an unlicensed or improperly licensed entity, AAR will notify the offending entity of the interference and its obligations under the FCC's rules.

         (1) If the offending entity is eligible to hold a license for a railroad frequency, AAR may offer its assistance in the preparation of necessary applications for proper FCC authorization, and the resolution of the interference problem through standard coordination processes.

         (2) If the offending entity is not eligible to hold a license for a railroad frequency, AAR may refer the entity to the appropriate frequency advisory committee for assistance with preparation of applications for proper FCC authorization.

         (3) Notwithstanding resolution of the interference problem, AAR will immediately notify the Commission in writing of the unlicensed or improperly licensed entity's operations. Resolution by AAR will not preclude further Commission action.

      3. Upon resolution of an interference problem, AAR will send to all parties a written summary of the problem and resolution. After a period of thirty (30) days, AAR will send correspondence to each party verifying the resolution of the matter. Upon determination that the matter has been satisfactorily resolved, the CRR file for the matter will be closed, but kept on file at the offices of AAR's frequency coordination staff and made available to the FCC upon request.

   2. Technical Problems and Resolutions.
      1. Where a complaint involving technical interference of unknown origin is filed, AAR will attempt to identify the source of the interference through local monitoring conducted by the complainant licensee, its service representative, or an independent provider. If all attempts to identify the source of the interference are unsuccessful, AAR will solicit the assistance of the local FCC field office.

      2. Upon identification of the interference source, AAR will notify the offending licensee/operator of the problem and recommend technical solutions available through AAR or an independent service provider. These technical solutions may include, but are not limited to: reducing power, lowering antenna height, antenna pattern reconfiguration, or the selection of an alternative frequency.

      3. If an engineering or technical solution is available, AAR will provide a written summary of the problem and its resolution to all parties. After a period of thirty (30) days, AAR will send written correspondence to each party verifying resolution of the matter. Upon determination that the matter has been satisfactorily resolved, the CRR file will be closed, but kept on file at the offices of AAR's frequency coordination staff and made available to the FCC upon request.

   3. Operational Problems and Resolutions
      1. For purposes of this Memorandum of Understanding, "operational problems" are defined as those instances where a licensee operates a radio system in non-compliance with its license authorization (e.g., a private system providing commercial service).

      2. If, through negotiation with the non-compliant licensee, AAR is able to resolve the operational problem, AAR will provide a written summary of the problem and its resolution to all parties. After a period of thirty (30) days, AAR will send written correspondence to each party verifying resolution of the matter. Upon a determination that the matter has been satisfactorily resolved, the CRR file for the matter will be closed, but kept on file at the offices of AAR's frequency coordination staff and made available to the FCC upon request.

   4. FCC/CIB Participation in the Resolution Process.
      1. Where, despite notification and identification of an interference problem. the parties are unable or unwilling to pursue recommended solutions, AAR will submit a copy of the CRR report to the CIB field office with geographic jurisdiction, as well as the CIB headquarters office in Washington, DC. Such report will identify all parties to the dispute, all background information (i.e., call signs involved, identified non-compliance, location of unlicensed system) and AAR's recommended regulatory or technical solution.

      2. Upon submission of the CRR report, the Commission agrees to notify AAR of a single point of contact within the field office that will manage the resolution of the matter.

      3. The Commission agrees to notify AAR upon resolution of the matter for the purpose of allowing AAR to close its CRR file for the matter.

IV. TERMINATION OF MEMORANDUM OF UNDERSTANDING

1. This Memorandum Of Understanding may be modifed at any time upon written agreement of the Association of American Railroads and the Federal Communications Commission.

2. This Memorandum of Understanding may be canceled at any time by either party upon 30 days prior notice.

V. SIGNATURE

On this _______ day of _______, 1998, the Federal Communications Commission and the Association of American Railroads hereby agree to this Memorandum of Understanding.

1 In 1997, the Commission consolidated all frequencies below 800 MHz that were allotted to the Industrial and Land Transportation Radio Services, including the Railroad Radio Service, into one new pool, the Industrial/Business Pool. Replacement of Part 90 by Part 88 to Revise the Private land Mobile Radio Services and Modify the Policies Governing Them, PR Docket No. 92-235, Second Report and Order, 12 FCC Rcd 14307, 14317 (1997). Under the consolidation plan, AAR serves as the only FCC certified frequency advisory committee responsible for coordination of the following frequencies: 160.215-161.565 MHz, 452.900-452.96875 MHz, and 457.900-457.96875 MHz. See 47 C.F.R. § 90.35(b).