*Pages 1--10 from Microsoft Word - 15479* Federal Communications Commission DA 02- 545 1 Before the Federal Communications Commission Washington, D. C. 20554 In the matter of Terion, Inc. Application to modify the conditions of its authorization for its nationwide high frequency locating, monitoring and telemetering system, to increase overall system capacity, and to allow application for renewal prior to adoption of final rules governing this type of operation ) ) ) ) ) ) ) ) ) ) ) File No. D145266 Call Sign: WPKU683 ORDER Adopted: March 6, 2002 Released: March 7, 2002 By the Chief, Wireless Telecommunications Bureau: I. INTRODUCTION 1. The Wireless Telecommunications Bureau (“ WTB”) hereby grants in part the captioned application, as amended, of Terion, Inc. 1 (“ Terion”) for modification of four of the conditions of its existing authorization (WPKU683) to install and operate low- power mobile and fixed units that transmit in the high frequency (HF) bands. 2 The HF transmissions from these remote units constitute the response path in Terion’s “Digital High Frequency” (“ DHF”) system, which is a nationwide two- way locating, monitoring and telemetering system. 3 For reasons set forth herein, we are replacing the existing conditions, equipment specifications, and carrier frequency list currently applicable to Terion’s authorization with the modified, consolidated and updated conditions attached hereto. The modified conditions, among other things, no longer provide that the authorization for the DHF system may be renewed only in accordance with final rules governing this type of operation. We are, however, denying Terion’s request for 1 Terion, Inc. describes itself in its press releases as a “business- to- business wireless application service provider using two- way wireless communications.” Terion press releases are posted on the internet at http:// www. terion. com/ press_ releases/ index. asp 2 The high frequency (HF) range of the electromagnetic spectrum is that portion from 3 MHz to 30 MHz. 3 Terion in the instant application described this system as “a specialized wide- area messaging and tracking service using an innovative digital transmission system adapted from technology developed by Harris Corporation for military purposes.” Application, Exhibit 1. 1 Federal Communications Commission DA 02- 545 2 modifications to increase the traffic capacity of this system. 4 In response to changed economic circumstances, Terion has recently decided not to expand use of the DHF system, but instead to phase out the existing DHF service. 5 Consequently, authorizing an increase in system capacity appears to be unnecessary at this time. We are, however, updating the carrier frequency list, consolidating the operating and technical conditions, and removing the restriction on renewal of the authorization. We conclude that our actions herein serve the public interest by providing for continued operation of the DHF system with its originally- authorized capacity, to serve remaining customers during the phase out of service. II. BACKGROUND 2. On July 10, 1997, WTB and the Office of Engineering and Technology (“ OET”) granted Terion 6 a five- year authorization to construct and operate a nationwide commercial two-way short- data messaging system in the HF range of the electromagnetic spectrum. 7 The authorization specifies 954 channels 8 and is subject to special conditions and equipment requirements that are designed to allow Terion’s system to utilize the HF range of the electromagnetic spectrum without impairing the operations of other HF users. 9 Included within these special conditions are certain technical requirements that, together with the number of channels, effectively limit the message capacity of Terion’s system. 10 3. On August 11, 1997, WTB modified its earlier grant by adding another condition, which provides that Terion’s authorization may be renewed only in accordance with “final rules regularly permitting operations of this type in the HF portion of the electromagnetic spectrum.” 11 In doing so, the Commission stated that it would initiate a rule making proceeding to consider such rules after technical data obtained from operation of the Terion system becomes available. 12 4. After 18 months of testing, Terion launched full commercial service on October 1, 1999. According to Terion, the demand for its HF- based service increased rapidly. 4 Terion requested modifications that would allow it to use additional channels, transmit more radio frequency energy per day, and employ a longer occupancy (transmission time per hour per geographic area). 5 See Terion press release “Terion to Focus On FleetView Trailer Tracking Product”, August 17, 2001, on the internet at http:// www. terion. com/ press_ releases/ fleetview_ focus_ cranston_ named_ president. asp 6 Terion was then known as Flash Comm, Inc. 7 DA 97- 1451, 12 FCC Rcd 9877 (1977). In granting the authorization, OET and WTB waived several rules that govern permissible use of the HF range of the electromagnetic spectrum, Sections 2.102( h)( 1) and (h)( 2), 90. 266( b), (f) and (g), and two rules that specify operating procedures for private radio service stations, Sections 90. 75( d) and 90. 425( a). 8 The Terion system uses HF channels with a bandwidth of 3 kHz each, which are listed in the conditions attached hereto by their carrier (center) frequencies. 9 The HF portion of the spectrum is home to a variety of important government and non- government uses, including military and national defense, disaster relief, short- wave broadcasting, maritime safety, and amateur radio. 10 Although the authorization does not specifically limit the number of units it may deploy, Terion calculates that the existing conditions limit the theoretical capacity of its system to no more than 32, 258 truck mounted units. Based on historical sales growth, Terion projected that it would reach this limit in 2001. 11 DA 97- 1710, 12 FCC Rcd 12029 (1997). 12 Id. 2 Federal Communications Commission DA 02- 545 3 On July 28, 2000, Terion filed an FCC Form 600 application (File No. D145266) requesting that the conditions of its authorization be modified to specify additional channels, 13 allow additional capacity for its system, and provide for possible renewal of the authorization notwithstanding the status of any rule making proceeding looking to establish rules providing for regular operation of this type of system. 5. WTB issued a Public Notice on November 17, 2000 seeking comment on Terion’s modification application. 14 One comment was filed, by the National Association for Amateur Radio a. k. a. American Radio Relay League, Inc. (“ ARRL”). ARRL believes that Terion’s system is incompatible with amateur radio operations. While acknowledging that the instant Terion application does not involve current amateur radio service allocations, ARRL is concerned that some of the frequencies requested by Terion fall within frequency bands that may be allocated to the Amateur Radio Service in the future, 15 e. g. pursuant to actions in matters on the agenda for WRC- 2003. 16 Terion replies that it has never sought to use Amateur Radio Service frequency bands and that its system can readily discontinue use of frequencies or frequency bands if allocations change. 17 6. OET referred Terion’s request to the Interdepartmental Radio Advisory Council (“ IRAC”), an inter- governmental organization that coordinates the licensing of shared government / non- government frequency allocations. As a result of this coordination process, the National Telecommunications and Information Administration (“ NTIA”) and the Federal Emergency Management Agency (“ FEMA”) requested that the Commission not include certain individual carrier frequencies and frequency bands in Terion’s authorized carrier frequency list, in order to avoid potential interference to short- wave broadcasting and to existing federal uses. 18 NTIA and FEMA also provided these carrier frequency exclusion requests to Terion. 7. On June 5, 2001 and August 10, 2001, Terion filed amendments to its application, deleting numerous specific carrier frequencies that it had originally requested, including all of the carrier frequencies and frequency bands identified by NTIA and FEMA, and also those that are allocated to and used by two Part 95 services. 19 8. On September 13, 2001, Terion’s legal counsel informed the Commission by letter that Terion had recently notified its customers that, in light of changed economic circumstances, it would suspend use of its “partially RF- based Mobile Cab Communications operations” (i. e. the 13 Terion initially requested that the number of channels be quadrupled, to 3816. 14 Public Notice, “Wireless Telecommunications Bureau seeks comment on Terion, Inc. ’s request to modify its authorization to operate a short- data messaging system in the high frequency (HF) range under Part 90 of the rules”, DA 00- 2600 (November 17, 2000). 15 Terion requested to use frequencies that fall within the 5250- 5400 kHz frequency range. Since the end of the pleading cycle in this matter, the ARRL filed a Petition for Rule Making (RM- 10209) requesting that frequency band be allocated for domestic amateur radio use. 16 Comments of ARRL, The National Association for Amateur Radio, at 4. 17 Reply Comments of Terion, Inc., at 3. 18 The NTIA request comprised the combined requests of the Justice Department, U. S. Coast Guard, and the Broadcasting Board of Governors. 19 Specifically, the Citizens Band Radio Service and the Radio Control (R/ C) Radio Service. 3 Federal Communications Commission DA 02- 545 4 DHF system). 20 Despite this, Terion reiterated its request that the Commission process its modification application. Subsequently, WTB staff informed Terion’s counsel by telephone that, in view of the planned phase- out of the DHF system, a revised justification would be needed for WTB to grant Terion’s traffic capacity expansion request. In a later telephone conversation, Terion’s counsel indicated that Terion does not plan to add anything further to this record. III. DISCUSSION 9. In light of Terion’s announced plans to suspend or phase out operations of its DHF system, we find that expansion of the authorized carrier frequency list and concomitant relaxation of the existing limits on system traffic capacity is, at this time, unwarranted. Accordingly, we deny this request. 10. The recently completed federal frequency coordination effort associated with processing this application identified a number of carrier frequencies on the original authorized carrier frequency list that we now conclude should be deleted in order to protect federal and international broadcasting operations. 21 Therefore, we are modifying Terion’s authorized carrier frequency list to delete these frequencies and to add an equivalent number of carrier frequencies (from the additional carrier frequencies requested by Terion) that were cleared by the recent coordination process. The net result of these modifications is that the total number of Terion’s authorized carrier frequencies remains unchanged. 22 11. We are removing the condition on Terion’s authorization that provides that it may be renewed only in accordance with final rules regularly permitting operations of this type. When we established this condition, we noted that operation of Terion’s system could provide valuable technical data that would assist the Commission in evaluating proposals to establish rules permitting permanent operations of this type in the HF spectrum. 23 We also indicated that the Commission would initiate a rule making proceeding for that purpose after Terion commenced operations and the aforementioned technical data became available. The Commission, however, has not initiated such a rule making proceeding, and in view of the uncertain future of Terion’s HF system, there appears to be little justification for doing so at this time. In the event Terion seeks renewal when its initial authorization expires in July 2002, its authorization may be renewed upon proper application. 24 20 Letter from Robert L. Petit, Wiley, Rein & Fielding LLP, Counsel for Terion, Inc. to Magalie Salas, Secretary, Federal Communications Commission, dated September 13, 2001. 21 Terion may have already “locked out” (refrained from using) these carrier frequencies. 22 No carrier frequencies falling within current Amateur Radio Service allocations, the 5250- 5400 kHz band, or the 6900- 7000 kHz band are included in this authorization. Furthermore, condition 11 attached hereto specifically protects current and future Amateur Radio Service frequency allocations. Consequently, the concern expressed by ARRL is moot. 23 See note 11. 24 In addition, we are making minor amendments to the authorization conditions to reflect the change in company name from Flash Comm, Inc. to Terion, Inc, to use current FCC equipment authorization program terminology, and to delete the requirement concerning the number of receive sites during the first year of operation (which has passed). We are also combining the equipment technical requirements and the authorized frequency list into the conditions, resulting in a single license attachment instead of three. 4 Federal Communications Commission DA 02- 545 5 IV. ORDERING CLAUSE 12. In view of the foregoing, IT IS ORDERED That the Application of Terion, Inc. for modification of its Part 90 authorization in the Industrial/ Business Radio Service is granted- in-part as set forth herein, subject to the terms and conditions attached hereto, and denied in all other respects. This action is taken under authority delegated in Section 0.331 of the Commissions Rules, 47 C. F. R. 0.331. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Sugrue Chief, Wireless Telecommunications Bureau 5 Terion Authorized Carrier Frequencies (kHz) Page 1 of 5 Call Sign WPKU683 File No. D145266 Pursuant to Order of the Wireless Telecommunications Bureau, DA 02- 545, adopted on March 6, 2002 and released on March 7, 2002, the authority of Terion, Inc. (“ the licensee”) to operate its commercial short- data messaging, locating, telemetry and monitoring system (“ the system”) using the high frequency (“ HF”) portion of the electromagnetic spectrum (3 to 24 MHz) is subject to the following conditions: 1. Secondary service. The service provided by the system is a secondary service subject to the provisions of Section 2.104( d)( 3) of the Federal Communications Commission (FCC) rules (47 C. F. R. § 2.104( d)( 3)). 2. Equipment certification. Each HF transmitter used by the system must be of a type that has received a grant of certification pursuant to the Equipment Authorization Procedures set forth in Part 2, Subpart J of the FCC rules (47 C. F. R. part 2, subpart J). Grant of certification will be based on compliance with the following equipment technical specifications: a. Transmitter power output. The transmitter power output must not exceed 15 Watts. b. Carrier frequency stability. The carrier frequency must be stable to ± 10 parts per million over an environmental temperature range of –20 to +70 degrees Celsius. c. Emission type. The operational modulated emission type must be 2K80G1D. Type N0N emission capability is permitted in a test mode; otherwise the energy must be spread over a 2.8 kHz bandwidth. d. Emission mask. The authorized bandwidth is 3.0 kHz. The power of emissions outside of the authorized bandwidth must be attenuated below the power of the unmodulated carrier wave in accordance with the following: On any frequency displaced from the carrier frequency by: the power of emissions must be attenuated by: 1.5 to 4.0 kHz At least 25 dB 4.0 to 7.5 kHz At least 35 dB More than 7.5 kHz At least 43 dB 3. Station identification. Each HF transmitted packet must be identified by a digital identifier embedded in the preamble of the packet. 4. Duration of transmissions. The duration of each HF transmission by each transmitter must not exceed 4 seconds. The licensee must maintain a daily record of the 7- day moving average of the durations of all completed HF transmissions and notify the FCC by letter if it appears that such average is regularly exceeding 2 seconds. 5. Occupancy. Accumulated transmissions by the system on each HF channel must not exceed one percent (36 seconds) in each hour in each geographical area in the contiguous United States bounded by each 5 degrees of latitude (beginning at 49° North Latitude and proceeding Southward) and each 5 degrees of longitude (beginning at 70° West Longitude and proceeding Westward). 6 Terion Authorized Carrier Frequencies (kHz) Page 2 of 5 6. Daily average power density limit; daily transmitted energy limit. The number of messages transmitted by the system must be limited such that (a) the daily accumulated average power density over the contiguous United States does not exceed –174 dBW/ Hz- m² and (b) the total HF radio frequency energy transmitted daily by the system does not exceed 2 million Watt- seconds. 7. Radiated power. The radiated power of the HF transmitter and its antenna system( s) as typically installed must not exceed one Watt. Radiated power is considered to be the antenna current squared multiplied by the theoretical radiation resistance of the antenna at the operating frequency, that is, it excludes ohmic and ground losses. 8. Master control center functions. HF transmissions must be controlled by a master control center that is capable of (a) preventing transmissions on individual channels or frequency bands and (b) shutting down the entire system. The master control center must assess HF channel occupancy using a minimum of six diverse receive sites. HF channel occupancy assessments indicating a clear (available) channel must be valid for no longer than 10 seconds. HF transmitters must not transmit on any channel unless and until that channel has been declared clear by the master control center. If the master control center is directed by an authorized official of the FCC to cease transmissions on specific HF channel( s), transmissions on the specified channel( s) must cease within one hour after such direction. If an authorized official of the National Telecommunications and Information Administration (NTIA) advises the FCC that the system should cease all transmissions on specific HF channel( s), the FCC may immediately direct the master control center to do so. 9. HF transmitting antennas. HF transmit antennas used in the system must be of a type that has no more directivity than a half- wavelength dipole antenna or a quarter- wavelength monopole on a ground plane, based on free- space radiation patterns. 10. Publicly available log of transmissions. The licensee must log and make publicly available via the internet the time, frequency, location and duration of all completed HF transmissions for the prior 24 hours. The uniform resource locator (URL) or web site address of the internet log must be provided to the FCC and to the NTIA. To the extent possible, the log data must be sorted and presented in a manner that facilitates identification of specific transmissions. 11. Carrier frequencies. The system may make HF transmissions using only the carrier frequencies specified on the following pages (in kHz). This list of carrier frequencies may be modified at the licensee’s request, in consultation with the FCC and the NTIA, provided that (a) the total number of 3 kHz (bandwidth) channels listed for use by the system does not exceed 914 (equivalent to a total authorized spectrum of 2.742 MHz) and (b) a 15 kHz guard band is maintained between spectrum used by the system and all aeronautical, radio astronomy, maritime, amateur, time standard and industrial, scientific and medical bands. The FCC may modify the list of carrier frequencies if necessary to accommodate changes in international or domestic HF band allocations to the aforementioned primary services. 7 Terion Authorized Carrier Frequencies (kHz) Page 3 of 5 3171 3174 3177 3180 3183 3186 3189 3192 3195 3198 3201 4452 4455 4458 4461 4464 4467 4470 4473 4476 4479 4482 4485 4488 4491 4926 4929 4932 4935 4938 4941 4944 4947 4950 4953 4956 4959 4962 4965 4968 4971 4974 4977 5121 5124 5127 5133 5136 5139 5142 5145 5148 5151 5154 5157 5160 5163 5166 5172 5175 5178 5181 5184 5187 5190 5193 5196 5199 5202 5205 5208 5214 5232 5745 5748 5751 5754 5757 5760 5763 5766 5769 5772 5775 5778 5781 5784 5787 5790 5793 5796 5799 5802 5805 5808 5811 5814 5817 5826 5829 5832 5835 5838 5844 5850 5853 5859 5862 5865 6780 6783 6786 6789 6792 6795 6798 6819 6825 6828 6831 6834 6837 6840 6843 6846 6849 6852 6855 6858 6861 6867 6870 6873 6876 6879 6882 7500 7503 7506 7509 7512 7515 7518 7521 7524 7527 7530 7548 7551 7554 7557 7560 7563 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