*Pages 1--68 from Microsoft Word - 25656.doc* Federal Communications Commission FCC 03- 35 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Amendment of Part 90 of the Commission’s Rules and Policies for Applications and Licensing of Low Power Operations in the Private Land Mobile Radio 450- 470 MHz Band ) ) ) ) ) ) WT Docket No. 01- 146 RM- 9966 REPORT AND ORDER Adopted: February 14, 2003 Released: March 11, 2003 By the Commission: TABLE OF CONTENTS Heading Paragraph I. INTRODUCTION.................................................................................................................................. 1 II. EXECUTIVE SUMMARY.................................................................................................................... 3 III. BACKGROUND.................................................................................................................................... 4 IV. DISCUSSION ........................................................................................................................................ 8 A. Power Limitations (ERP vs. TPO)................................................................................................... 9 1. Mobile Units............................................................................................................................ 10 2. Base/ Fixed Stations (20 Watts) ............................................................................................... 15 B. Site Coordinates for Fixed Operations........................................................................................... 16 C. Low Power Pool (450- 470 MHz Band) ......................................................................................... 19 1. Group A................................................................................................................................... 21 2. Group B................................................................................................................................... 42 3. Group C................................................................................................................................... 55 4. Group D................................................................................................................................... 65 5. Low Power Public Safety Pool................................................................................................ 71 6. Miscellaneous Matters............................................................................................................. 74 V. CONCLUSION .................................................................................................................................... 82 VI. PROCEDURAL MATTERS................................................................................................................ 83 A. Final Regulatory Flexibility Analysis ............................................................................................ 83 B. Paperwork Reduction Act Analysis. .............................................................................................. 84 C. Alternative Formats ....................................................................................................................... 85 D. Contact for Information ................................................................................................................. 86 VII. ORDERING CLAUSES....................................................................................................................... 87 APPENDIX A...................................................................................... Final Regulatory Flexibility Analysis APPENDIX B............................................................................................................................... Final Rules APPENDIX C................................................................................................................. List of Commenters 1 Federal Communications Commission FCC 03- 35 4 for low power use. 8 The Commission also decided that low power licensees that elected to remain on, or move to, a coordinator- designated low power channel would be elevated to primary status upon providing their station coordinates to the Commission. 9 Before the 1995 band plan rules implementation took effect, however, the Commission granted a request to cease or “freeze” the acceptance of high power applications for the former 12.5 kHz offset channels. 10 The Commission adopted the freeze in order to prevent high power applicants from interfering with existing low power operations until the frequency coordinators had developed a low power channel plan. 11 6. In March 1997, the Commission consolidated the twenty PLMR services below 512 MHz, including the low power channels, into two pools– a Public Safety Pool and an Industrial/ Business Pool. 12 The Commission confirmed the importance of low power channels and charged the frequency coordinators with development of a consensus plan that would identify specific frequencies for low power operations in the two pools. 13 In response, the LMCC filed a Low Power Consensus Plan in June 1997 14 that identified specific frequencies for low power use. However, the plan proposed several provisions that could not be implemented without changes to the Commission’s Rules. In August 1997, the LMCC refiled a portion of the Consensus Plan that did not require rule changes. 15 This revised “Low Power Plan” listed ninety Industrial/ Business Pool channel pairs and fourteen Public Safety Pool channel pairs to be designated for low power use. The Commission, however, deferred a decision on acceptance of the Low Power Plan until it resolved the issue of possible interference to medical telemetry devices using these frequencies. 16 8 Refarming R& O, 10 FCC Rcd at 10111 ¶ 65. Low power licensees that elected to stay on their current channel could obtain primary status by raising output power, supplying station coordinates, and providing justification to raise output power. Id. 9 Id. 10 See Freeze on the Filing of High Power Applications for 12.5 kHz Offset Channels in the 450- 470 MHz Band, DA 95- 1771, Public Notice, 10 FCC Rcd 9995 (1995). Under the “old” rules, users of the low power offset channels were permitted 2 watts output power in all services except the Special Industrial Radio Service, in which entities were eligible to be licensed at an effective radiated power of up to 100 watts. 11 Id. The freeze also allowed the Commission to consider the potential for interference to medical telemetry devices, which ultimately led to the establishment of specific channels for such use. See Amendment of Parts 2 and 95 of the Commission’s Rules to Create a Wireless Medical Telemetry Service, ET Docket 99- 255, Report and Order, 15 FCC Rcd 11206 (2000) (Medical Telemetry R& O). 12 Refarming Second R& O, 12 FCC Rcd at 14315- 14319 ¶¶ 15- 21. 13 Id. at 14340- 41 ¶ 63. 14 See Letter from Larry Miller, President, LMCC, to Daniel Phythyon, Acting Chief, Wireless Telecommunications Bureau, FCC, dated June 4, 1997 (Consensus Plan). 15 See Letter from Larry Miller, President, LMCC, to Daniel Phythyon, Acting Chief, Wireless Telecommunications Bureau, FCC, dated August 21, 1997 (Low Power Plan). 16 See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them and Examination of Exclusivity and Frequency Assignment Policies of the Private Land Mobile Services, PR Docket No. 92- 235, Second Memorandum Opinion and Order, 14 FCC Rcd 8642, 8660 ¶ 37 (1999) (Refarming Second MO& O). See also Office Of Engineering And Technology Requests Information On Medical Telemetry Equipment Operating in the 450- 460 MHz Band, Public Notice, 15 FCC Rcd 8324 (1999). 4 Federal Communications Commission FCC 03- 35 5 7. On June 8, 2000, the Commission adopted a Report and Order, establishing the Wireless Medical Telemetry Service (WMTS) and allocating fourteen megahertz of spectrum in the 608- 614 MHz, 1395- 1400 MHz and 1427- 1429.5 MHz bands for medical telemetry use. 17 The Commission’s goal in that proceeding was to provide spectrum in which medical telemetry equipment can operate without interference, and to encourage medical telemetry users to eventually migrate out of the current bands, including the 450- 470 MHz band. 18 On June 29, 2000, the Wireless Telecommunications Bureau (WTB) announced the acceptance of the LMCC’s Low Power Plan, which did not require rule changes. 19 Thereafter, the LMCC filed a Petition for Rule Making, seeking certain revisions to the Commission’s rules that were necessary for the adoption of its Consensus Plan. In response to the LMCC’s request, the Commission released the NPRM in this proceeding, seeking comment on the LMCC’s proposed revisions. IV. DISCUSSION 8. Section 90.267 of the Commission’s Rules provides that any regularly assignable channel in the 450- 470 MHz PLMR band may be designated by the frequency coordinators as a low power channel in a defined geographic area. 20 Low power stations authorized under this Section are limited to two (2) watts output power. 21 The Low Power Plan submitted by the coordinators and accepted by WTB designated 104 “12.5 kHz offset” channel pairs (hereinafter “channel pairs”) for low power operation nationwide– ninety in the Industrial/ Business Pool and fourteen in the Public Safety Pool. 22 Additionally, the LMCC designated the 6.25 kHz “drop in” channels directly adjacent to each designated 12.5 kHz channel. 23 In the NPRM, the Commission tentatively concluded that a wide variety of low power operations deployed in the PLMR community require rules that permit different types of operations on the 17 Medical Telemetry R& O, 15 FCC Rcd at 11206. Based on the limited usage of the 450- 460 MHz band for medical telemetry, the Commission found that the freeze on high- power land mobile applications in the 450- 460 MHz band should be lifted and it stated that the Wireless Telecommunications Bureau would issue a public notice to lift the freeze in this band “in the near future.” Id at 11227 ¶ 63. We note that the spectrum allocation for WMTS was changed from 1429- 1432 MHz to 1427- 1429. 5 MHz. See Reallocation of the 216- 220 MHz, 1390-1392 MHz, 1427- 1429 MHz, 1429- 1432 MHz, 1432- 1435 MHz, 1670- 1675 MHz, and 2385- 2390 MHz Government Transfer Bands, ET Docket No. 00- 221, Report and Order and Memorandum Opinion and Order, 17 FCC Rcd 368, 392 ¶ 54 (2002). 18 Id. at 11225 ¶ 57. The Commission noted that medical telemetry has no legal protection from interference in the current bands, including the 450- 470 MHz band, because it is authorized on a secondary basis; however, “the fact remains that the Commission has had to take steps to protect medical telemetry from interference because it is used to protect safety of life.” Id. 19 See Wireless Telecommunications Bureau Accepts LMCC Low Power Plan for Part 90 450- 470 MHz Band, Public Notice, 15 FCC Rcd 11598 (2000) (Low Power Public Notice). In a companion public notice released the same day, WTB announced it was lifting the freeze. See Freeze on the Filing of High Power Applications for 12.5 kHz Offset Channels in the 450- 460 MHz Band to be lifted January 29, 2001, Public Notice, 15 FCC Rcd 9996 (2000). The freeze on the 460- 470 MHz segment of the band, however (where most medical telemetry operations are located), remains in effect until October 2003. Medical Telemetry R& O, 15 FCC Rcd at 11227- 28 ¶ 65. 20 See 47 C. F. R. § 90. 267. The regularly assignable channels are listed in Subpart B (Public Safety Radio Pool) and Subpart C (Industrial/ Business Radio Pool) of Part 90. 47 C. F. R. § 90. 267( a). 21 47 C. F. R. § 90.267( a)( 3). 22 Consensus Plan at 2. 23 Id. 5 Federal Communications Commission FCC 03- 35 6 low power channels. 24 Hence, the Commission proposed the division of the 104 channel pairs into groups with different technical and coordination requirements. 25 A. Power Limitations (ERP vs. TPO) 9. Section 90.267 of the Commission’s Rules limits the maximum power of low power stations to 2 watts transmitter output power (TPO). 26 In the NPRM, the Commission proposed to retain the current TPO standard for Industrial/ Business and Public Safety mobile units, and to convert the power limitation for certain base/ fixed units from TPO to effective radiated power (ERP). 27 However, for the reasons discussed below, we shall employ the ERP standard for Industrial/ Business Groups A, B and C, and the Public Safety Group. Because we believe that Group D presents unique circumstances justifying a different standard, we will continue to employ the TPO standard thereon. 1. Mobile Units 10. In the NPRM, the Commission expressed concern that a conversion from TPO to ERP could render many existing mobile units non- compliant. 28 While some commenters concurred with the Commission’s proposal, 29 the LMCC and the Personal Communications Industry Association disagreed, asserting that the continued use of TPO as a measurement of maximum power would significantly limit the availability of spectrum, decrease the effectiveness of the frequency coordination process, and lead to mis- utilization of the band. 30 11. Industrial/ Business Mobile Units. As an alternative, the LMCC proposes to limit the maximum power of Industrial/ Business mobile units in terms of both 5 watts TPO and 6 watts ERP. 31 The LMCC maintains that this dual rule will permit each user to decide whether the user wishes to meet the maximum power limitation through the use of higher gain antennas for higher power radios, while at the same time maintaining the integrity and purpose of the allocation. 32 PCIA agrees, asserting that this 24 See NPRM, 16 FCC Rcd at 14951- 2 ¶¶ 8, 12. 25 Id. at 14952 ¶ 12. 26 47 C. F. R. § 90.267( a)( 3). The Commission has historically limited the power of transmitters in the private land mobile service using TPO. See Amendment of Part 89, 91 and 93 of the Commission’s Rules and Regulations to Eliminate the Required Annual Measurement of Transmitter Power, Frequency and Modulation, and to Specify Transmitter Power in Terms of Output Power, Docket No. 20665, Report and Order, 60 FCC 2d 591 (1976). 27 NPRM, 16 FCC Rcd at 14951 ¶ 10. 28 Id. 29 See Comments of the American Water Works Association (AWWA) at 3 (AWWA Comments); Comments of Dataradio COR, Ltd. (Dataradio) at 5 (Dataradio Comments). 30 Comments of LMCC at 5 (LMCC Comments); Comments of the Personal Communications Industry Association (PCIA) at 2 (PCIA Comments). 31 LMCC Comments at 6, 8, 10. 32 Id. 6 Federal Communications Commission FCC 03- 35 7 approach would yield greater flexibility by allowing decisions to be based on specific needs and individual entities’ available resources. 33 12. We believe, however, that the dual rule proposed by the LMCC may lead to confusion as to the applicability of a particular standard, and would serve no meaningful purpose. TPO simply describes the transmitter power without factoring other components of a radio system, such as the antenna and any cables used to connect the transmitter thereto. In contrast, ERP describes the power of the entire radio system by measuring the TPO plus the antenna gain minus any loss factors. Therefore, if power limits are set in terms of ERP, setting an additional TPO limit serves no meaningful purpose. For example, if a mobile unit is limited to 6 watts ERP, we would not be concerned about the TPO used to achieve this 6 watt ERP limit. Accordingly, we conclude that power limits should be described in terms of either TPO or ERP, not both. 13. The question then turns to which standard, TPO or ERP, is the most appropriate for the instant service. As stated above, in the NPRM, the Commission initially proposed to retain power limits in terms of TPO because it believed that TPO was more practical for this service, and a conversion to ERP would adversely impact mobile units already in service. 34 However, after reviewing the comments on this issue and upon further consideration, we conclude that power limits for Industrial/ Business mobile units should be expressed in terms of ERP for Groups A, B and C. 35 We note that the Commission generally favors ERP limits over TPO limits because, as described above, ERP more accurately defines the actual operating power of the radio. 36 Further, we are no longer concerned that a change in the policy from TPO to ERP for mobile units would render incumbent users non- compliant since, as the LMCC points out, in most cases, 6 watts ERP will be the maximum achievable ERP with a mobile unit operating at 2 watt TPO. 37 Consequently, we believe that changing the limitation from 2 watts TPO to 6 watts ERP for mobile units will essentially be a conversion from TPO to ERP without actually decreasing or increasing the current limitation. In addition, we agree with commenters that ERP calculations for mobile units will enhance the effectiveness of the frequency coordination process, thereby increasing the availability of spectrum. 38 Furthermore, ERP is more suitable for a coordinated/ licensed service such as the low power service at issue herein. 39 Accordingly, we will utilize ERP limits for Industrial/ Business mobile units in Groups A, B and C. 33 PCIA Comments at 2. 34 NPRM, 16 FCC Rcd at 14951 ¶ 10. 35 As previously stated, the standard for Group D will continue to be expressed in terms of TPO. See para. 9, supra. 36 See In the Matter of 1998 Biennial Review- 47 C. F. R. Part 90- Private Land Mobile Radio Services, WT Docket No. 98- 182, Memorandum Opinion and Order and Second Report and Order, 17 FCC Rcd 9830, 9840 ¶ 23 (2002) (1998 Biennial Review MO& O and Second R& O). 37 LMCC Comments at 5, stating that the maximum ERP achievable with a 2 watt TPO mobile unit and a gain antenna typically available on the market at the present time is 6 watts ERP. 38 LMCC Comments at 5; PCIA Comments at 2. 39 See 1998 Biennial Review, 17 FCC Rcd at 9840 ¶ 23. By comparison, the Commission maintained the TPO limit for the Multi- Use Radio Service (MURS) because MURS is a non- coordinated service licensed by rule. Id. 7 Federal Communications Commission FCC 03- 35 8 14. Public Safety Mobile Units. Although the LMCC supports retaining TPO as the standard for limiting Public Safety mobile units, 40 after reviewing the comments and upon further reflection, we now decide to employ the ERP standard for Public Safety mobile units. As we noted above, the Commission has stated a general preference for the ERP standard. We also note that the rationale for utilizing the ERP standard for Industrial/ Business mobile units is likewise applicable to Public Safety units. Accordingly, we will likewise utilize ERP limits for Public Safety mobile units. 2. Base/ Fixed Stations (20 Watts) 15. In the NPRM, the Commission discussed the possibility of raising the power limits for certain base/ fixed stations to a “slightly” higher level of 20 watts. 41 The Commission tentatively concluded that if the power level is raised for certain base/ fixed stations, such stations should be limited in terms of ERP rather than TPO. 42 The Commission indicated that a conversion to ERP for these “slightly” higher power base/ fixed stations did not raise the same concerns as a conversion for mobile units. 43 In addition, the Commission expressed concern that a 20- watt TPO limit for base/ fixed stations would be inappropriate for "low power channels" because significantly higher- gain antennas can be installed for base/ fixed operations. Commenters who discussed this issue agreed with the Commission’s tentative conclusion. 44 Accordingly, we conclude that power limits for base/ fixed stations will be established in terms of ERP. B. Site Coordinates for Fixed Operations 16. In the NPRM, the Commission noted that it had eliminated the requirement that stations on designated low power channels in the 450- 470 MHz band be licensed only as mobiles. 45 Therefore, the Commission clarified that low power operations may, but are not required to, supply their station coordinates and be licensed on a site- specific basis. 46 The Commission sought comment on its tentative conclusion. 47 17. In its comments, the LMCC proposes to require applicants for low power fixed operations to specify a set of coordinates for the location thereof. LMCC asserts that such information is crucial to proper frequency coordination and interference reduction. 48 Nonetheless, LMCC’s proposal would 40 LMCC Comments at 14. 41 NPRM, 16 FCC Rcd at 14952 ¶ 11. 42 Id. 43 Id. 44 Dataradio Comments at 5; Comments of the Toro Company (Toro) at 5 (Toro Comments). 45 NPRM, 16 FCC Rcd at 14959 ¶ 27. See Refarming Second MO& O, 14 FCC Rcd at 8660 ¶ 36; In the Matter of Replacement of Part 90 By Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them and Examination of Exclusivity and Frequency Assignment Policies of the Private Land Mobile Services, FCC 00- 439, Fifth Memorandum Opinion and Order, 16 FCC Rcd 416, 420 ¶ 13 (2000). (Refarming Fifth MO& O). 46 NPRM, 16 FCC Rcd at 14959 ¶ 27. 47 Id. 48 LMCC Comments at 11. 8 Federal Communications Commission FCC 03- 35 9 continue to exempt central station alarm (CSA) licensees, noting that because such entities operate numerous fixed sites throughout their service area, providing coordinates for every fixed site would be an administrative burden and could compromise the safety of protected premises. 49 We agree that coordinate data for fixed stations aid the frequency coordination process. However, we believe that an exemption from the requirement to provide the coordinates of every fixed station should not be limited to CSA licensees. That is, we believe that other licensees with infrastructure similar to that of CSA licensees would be similarly burdened and should likewise be exempt from providing coordinates for every fixed site. Therefore, we will continue to allow low power licensees to license multiple fixed sites as mobile units, provided that they supply areas of operation for these multiple fixed sites. In view of LMCC’s statement that site coordinates enhance the frequency coordination process, we will continue to allow licensees who would like coordinators to consider their fixed operations in recommending frequencies for other applicants to provide such coordinates. 18. In a related matter, we note that in the past, CSA licensees have expressed concern that designating their operations as fixed would subordinate their status relative to land mobile operations. 50 This concern is apparently based on the language of Section 90.261( a) of our rules, which states that “[ f] requencies in the 450- 470 MHz band as listed in § 90.20( c)( 3) and § 90.35( b)( 3) may be assigned to all eligibles for fixed use on a secondary basis to land mobile operations.” 51 However, the Commission has clarified that Section 90.261 is distinct from Section 90.267, which allows fixed operations in the 450- 470 MHz band at power substantially greater than two watts under certain conditions. 52 The Commission has further indicated that stations operating pursuant to Section 90. 267 are not subject to the conditions specified under Section 90.261 and vice- versa. 53 Therefore, we take this opportunity to clarify that unless otherwise specified, fixed stations operating on the low power frequencies discussed herein are co- primary to land mobile operations. C. Low Power Pool (450- 470 MHz Band) 19. To address the diversity of low power operations, in the NPRM the Commission tentatively agreed with the LMCC’s proposal to divide the designated low power channel pairs into five groups. 54 The following chart summarizes the approach we adopt herein for the low power channels in the 450- 470 MHz band. 49 Id. at 12. 50 See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies Governing Them, Sixth Memorandum Opinion and Order, 16 FCC Rcd 11487, 11488 ¶ 3 (2001) (Refarming Sixth MO& O). 51 47 C. F. R. § 90.261( a). 52 Refarming Sixth MO& O, 16 FCC Rcd at 11489 ¶ 5- 6. 53 Id. 54 NPRM, 16 FCC Rcd at 14951 ¶ 8. 9 Federal Communications Commission FCC 03- 35 12 as mobile, commenters were asked to address whether 457.5375 MHz should be exchanged for an alternate frequency. 64 Agreeing with the LMCC’s proposal that the limits on this frequency prevent its use as a Group A channel, commenters stated that it should be dropped therefrom. 65 Furthermore, commenters expressed no interest in its substitution with another frequency, noting that any such substitute frequency would necessarily originate from outside the low power pool, thereby leading to additional cases of high power systems on low power frequencies. 66 Therefore, frequency 457.5375 MHz will be removed from the Group A frequencies. 67 Consequently, frequency 452.5375 MHz will be an unpaired frequency in Group A. 68 23. Power/ Antenna Height Limits. The NPRM sought comment on power and antenna height limits for Group A. 69 As discussed above, the Commission specifically requested comment on raising the power limits for fixed/ base stations from 2 watts TPO to 20 watts ERP, and limiting the antenna height to 23 meters (m) (75 feet (ft)) above ground level. 70 The Commission further sought comment on LMCC’s proposal to convert the current limit of 2 watts TPO to 5 watts ERP for mobile/ portable operation. 71 We note that LMCC later modified this proposal to a 6 watt ERP level for mobile units. 72 24. Although some commenters were concerned that raising power limits for base/ fixed operations would result in interference and limit frequency re- use on these channels, 73 as the Commission stated in the NPRM, we believe that it is important to balance the benefits of re- use with the benefits of accommodating the diverse low power radio needs prevalent among PLMR users. 74 In this regard, we believe that the higher power level of 20 watts ERP for base/ fixed operations will help to provide more effective and reliable coverage. Additionally, we note the need for higher power levels for industrial and manufacturing complexes operating in hostile radio environments. 75 Further, the Group A channels will 64 NPRM, 16 FCC Rcd at 14954 ¶ 13. 65 See PCIA Comments at 3. 66 Id. 67 We will also remove the frequencies 6.25 kHz above and below frequency 457. 5375 MHz from Group A. These frequencies are also designated for dockside operation. 68 The frequencies 6. 25 kHz above and below frequency 452.5375 MHz will also be unpaired. 69 NPRM, 16 FCC Rcd at 14954 ¶ 13. 70 Id. 71 Id., 16 FCC Rcd at 14951 ¶ 10. 72 LMCC Comments at 6. 73 Hexagram Partial Opposition at 2. Hexagram calls this proposal “unwise,” as it will reduce the number of operators that can be licensed in a given geographical area. Id. 74 NPRM, 16 FCC Rcd at 14954 ¶ 14. 75 By “hostile radio environments,” we are referring to the operational challenges experienced in industrial and manufacturing complexes due to the heavy electrical machinery and other significant generators of unintentionally radiated electromagnetic energy that are operated within typically enclosed environments. See, e. g., NPRM, 16 FCC Rcd at 1491 n. 30. 12 Federal Communications Commission FCC 03- 35 13 remain frequency coordinated, which will help to prevent harmful interference to low power operations. Therefore, we will set power levels on the Group A frequencies at 6 watts ERP for mobile operation, and 20 watts ERP for base or fixed station operation. Stations that serve the function of fixed but are licensed as mobile, will be limited to the mobile power limit of 6 watts ERP. We will set the power limit for Group A portable units, however, at 2 watts ERP in order to limit exposure to radiofrequency radiation from portable units. 25. Full Power Operation. We now turn to the issue of whether we should allow full power operations (up to 500 watts) on a portion of the Group A channels outside the designated top urban areas. 76 Although some commenters are concerned that full power operation on the Group A channels will impede reuse and spectrum efficiency, 77 we reiterate our belief in the importance of balancing the benefits of low power operations with the need for higher power operations in less urbanized areas where licensees may need to cover larger service areas. This approach will increase flexibility in rural areas, which will greatly benefit from the ability to use higher power levels. We also emphasize that pursuant to Section 90.267 of our rules, frequency coordinators currently have the authority to designate geographic areas where channels are designated for low power operations. 78 Thus, this action does not constitute a significant departure from current policy. Moreover, we note that the frequency coordinators are in the best position to discern the need for differing power levels in particular geographic areas. Finally, as discussed below, we will implement certain safeguards to prevent full power operation from impeding on low power operations. 79 26. As an alternative to allowing full power operation, the Commission requested comment on whether a portion of the Group A channels should be available for an intermediate power level (such as 21- 100 watts) rather than full power (up to 500 watts) outside top urban areas. 80 No commenter supports designating an intermediate power level for the referenced channels. Indeed, the Industrial Telecommunications Association indicates that an intermediate power level would lead to inefficiency in the frequency coordination process. 81 Therefore, we will allow full power operation (up to 500 watts) on a portion of the Group A channels outside top urban areas. These channels will be removed from the Industrial/ Business low power pool outside top urban areas. Furthermore, the Group A channels authorized for full power operations outside top urban areas will be referred to as “Group A1” while the Group A channels available for low power operation nationwide will be referred to as “Group A2”. 27. In the context of high power operations on Group A channels, commenters were also asked to discuss whether we should require that equipment operating thereon be equipped with automatic power control (APC). 82 APC is a communications system capability that automatically adjusts the output power 76 Designation of the top urban areas is discussed at paras. 31- 32, infra. 77 Comments of Hexagram, Inc. (Hexagram) at 3- 4 (Hexagram Comments); Comments of the American Petroleum Institute (API) at 6 (API Comments), indicating that nearly 40% of oil refineries are located outside of urban areas. 78 47 C. F. R. § 90.267( a). 79 See paras. 28- 30 infra. 80 NPRM, 16 FCC Rcd at 14955 ¶ 15. 81 Comments of the Industrial Telecommunications Association, Inc. (ITA) at 4 (ITA Comments). 82 NPRM, 16 FCC Rcd at 14955 ¶ 15. 13 Federal Communications Commission FCC 03- 35 14 of mobile and portable transmitters in order to maintain the minimum transmitting power necessary for effective communications. 83 By utilizing the minimum power necessary, APC also minimizes potential interference. Commenters were opposed to the implementation of any requirement to use APC, out of concern regarding the costs associated with purchasing APC compliant equipment, especially for those licensees already operating equipment on this spectrum without such technology. 84 We agree with this concern, and, therefore, decline to require that high power licensees employ equipment with APC. Nonetheless, we take this opportunity to encourage licensees who operate high power systems on Group A channels to use APC equipment to limit the possibility of harmful interference to low power users. 28. Protection of Low Power Operations. In the NPRM, commenters were asked to discuss how high power operations outside of a 50- mile circle should protect low power users on the same or adjacent channel located within the 50- mile circle. 85 Commenters also were asked to recommend an appropriate standard, e. g. mileage separation, contour analysis, etc. 86 Several commenters indicate that the frequency coordination process can address the majority of interference issues between high power and low power systems. 87 These commenters indicate that additional standards may hinder coordinator flexibility and interfere with overall coordinator effectiveness. 88 We continue to believe, however, that some guidelines are necessary to resolve cases where disputes arise between high and low power licensees. Such guidelines will provide the frequency coordinators with clear standards, which will assist with dispute resolution. Furthermore, guidelines will provide low power users with a measure of certainty regarding their operations, and provide needed, additional protection, especially since such licensees may be at a disadvantage to high power licensees during such disputes. 29. API recommends the use of contour analysis to protect low power operations from co-channel and adjacent- channel high power operations. 89 In this regard, API suggests performing the contour analysis from high power stations to low power stations within the 50- mile circles. 90 While we concur with API that contour analysis will provide an effective means to protect low power operations within the 50- mile circles of the top 100 urban areas, we nonetheless conclude that contour analyses from high power stations should be performed with respect to the 50- mile circles rather than individual stations within the circle. This is because we believe that the 50- mile circles around the top 100 urban areas 83 See Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010, Second Memorandum Opinion and Order, WT Docket No. 96- 86, 15 FCC Rcd 16844 ¶ 13 (2000). 84 See API Comments at 8. 85 NPRM, 16 FCC Rcd at 14956 ¶ 17. 86 Id. 87 LMCC Comments at 7; PCIA Comments at 3; ITA Comments at 4. 88 Id. 89 API Comments at 9. 90 Id. API suggests that for co- channel operations, the 21 dBu contour of a high power applicant should not overlap the 39 dBu contour of a low power incumbent. In addition, API suggests that for adjacent- channel operations, the 33 dBu contour of a high power applicant should not overlap the 39 dBu contour of a low power incumbent. We note that the contours suggested by API are used to determine objectionable interference between UHF stations pursuant to our trunking rules. See 47 C. F. R. § 90. 187( b)( 2)( iii). 14 Federal Communications Commission FCC 03- 35 15 should be “safe havens” for low power operations. Without such “safe havens,” we believe that high power stations operating just outside the 50- mile circles could significantly reduce the number of frequencies available for low power use within the 50- mile circles. For example, we believe that the 21 dBu interfering contour of any high power station – operating on a Group A1 channel – should not overlap the 50- mile circle of any top 100 urban area. This contour analysis method will not only protect incumbent low power stations from harmful interference, but also allow for future growth of low power stations within the 50- mile circle. 30. The contour analysis method described above will apply to any station operating on Group A1 channels which exceed the low power limits of Group A (20 watts ERP fixed/ base, 6 watts ERP mobile and 2 watts ERP portable). Stations operating outside the 50- mile circles which satisfy the Group A power limit requirements will not have to comply with this provision and may allow their 21 dBu interfering contour to overlap the 50- mile circle. Currently authorized high power stations which do not comply with this provision will be discussed in more detail below. 91 31. Defining Top Urban Areas. Regarding Group A, the Commission sought comment on the most appropriate method for defining top “urban areas.” 92 The Commission noted that, in the past, it had defined urban areas based on population statistics derived from U. S. Department of Commerce, Census Bureau data, 93 other statistical areas defined by the U. S. Census Bureau, 94 and other U. S. Department of Commerce references to establish the center coordinates for these areas. 95 The Commission further noted that variations on the “top urban areas” concept are proposed in other pending Commission proceedings, and asked commenters whether the cutoff for the top areas should be 100 or some other number. 96 32. Most commenters supported using the list of urban areas provided in the table in Section 90.741 of our rules, 97 stating that it provides a clear definition for top urban areas. 98 The referenced table 91 See paras. 79- 80, infra, for a discussion on grandfathered operations. 92 NPRM, 16 FCC Rcd at 14955 ¶ 16. 93 See, e. g., 47 C. F. R. §§ 90. 261 (TPO limitations based on proximity to center of any urbanized area of 600,000 population); 47 C. F. R. § 90. 35( c)( i)( 63) (central station alarm use restricted to areas within boundaries of urbanized areas of 200,000 or more population); 47 C. F. R. § 90. 635 (power and antenna height limitations based on proximity to 50 urbanized areas); 47 C. F. R. § 90. 741 (licensees of Phase I nationwide 220- 222 MHz systems must construct and operate in 28 of 100 listed urbanized areas). See also Amendment of Part 90 of the Commission’s Rules Concerning Bio- Medical Telemetry Operations, PR Docket No. 80- 422, Report and Order, 85 FCC 2d 745 ¶ 9 (1981). 94 See, e. g., 47 C. F. R. § 52.23 (schedule for deployment of long- term database methods for number portability by local exchange carriers is defined, in part, by reference to 100 largest Metropolitan Statistical Areas (MSAs)). 95 See U. S. Department of Commerce, Airline Distance Between Cities in the United States, Appendix, page 226; 47 C. F. R. § 90. 261. 96 NPRM, 16 FCC Rcd at 14955 ¶ 16; See, e. g., The Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010, WT Docket No. 96- 86, Fourth Report and Order and Fifth Notice of Proposed Rule Making, 16 FCC Rcd 2020, 2054 ¶ 97 (rel. Jan. 17, 2001) (noting “five- step, twenty- one year plan” proposal that would require Public Safety 700 MHz band General Use operations in Top fifty metropolitan areas to migrate to 6. 25 kHz technology five- years earlier than proposed deadline for outside areas). 97 47 C. F. R. § 90.741. 15 Federal Communications Commission FCC 03- 35 16 provides a list of the top 100 urban areas and specifies the center coordinates. 99 Hexagram suggests that we use a Metropolitan Statistical Area (MSA) Definition. 100 Hexagram asserts that this system is favorable because of industry familiarity therewith, and adds that it will provide protection for suburban and outlying areas that are not anchored to center coordinates of the metropolitan base, but which may also experience the same frequency use encountered at the geographic center coordinates. 101 We believe, however, that using the table in Section 90.741 is preferable for the instant service. This table has been used for the 220- 222 MHz band, with notable success. Further, because the list clearly specifies the affected cities, we believe it will provide licensees on this band with a simple and lucid reference of applicability. Moreover, the fact that the table lists 100 cities supports commenter endorsement for a cutoff of no less than 100 urban areas. 102 Consequently, for Group A channels, we will define top urban areas using the list provided in the table in Section 90.741 of our rules. 33. 50- Mile Circles. In a related matter, the NPRM sought comment on the LMCC’s proposal to set the limit for low power operations on the 40 channels in Group A1 to within 50 miles of the top 100 urban areas. One commenter suggests that the circles for low power operation around the top 100 urban areas should be extended beyond the 80 kilometer (50 mile) distance reflected in the NPRM, to at least 120 kilometers (75 miles). 103 However, commenters generally support the 50- mile proposal set forth in the NPRM. 104 Inasmuch as there was no overwhelming support to change this value, we will implement the proposed 50- mile circles. We note that licensees may still operate on low power, but such operations will not be mandatory outside the urban areas. 34. Commenters were also asked to discuss low power operations at the edge of the 50- mile circles. 105 Specifically, commenters were asked to discuss how low power operation extending outside the “fifty- mile circles” should be considered in a coordination analysis. The Commission gave the example of a low power base station located forty seven miles from the center of an urban area with an operating radius of five miles, and asked whether coordinators should take into account the area outside the 50- mile circle when performing coordination analyses for high power stations outside the circle. 106 35. In response to the Commission’s request, the LMCC acknowledged the Commission’s concern that high power systems outside the 50- mile circle may conflict with low power systems within the circle. 107 To resolve this concern, the LMCC recommends that whether a system is considered within (Continued from previous page) 98 See LMCC Comments at 6; API Comments at 7; PCIA Comments at 3. 99 47 C. F. R. § 90.741. 100 Hexagram Comments at 7. 101 Id. 102 See API Comments at 7; AWWA Comments at 3. 103 API Comments at 7 (indicating that most oil and gas operations fall outside the 50- mile circle). 104 ITA Comments at 4; PCIA Comments at 3; Comments of the United Telecom Council (UTC) at 3 (UTC Comments). 105 NPRM, 16 FCC Rcd at 14956 ¶ 17. 106 Id. 107 LMCC Comments at 7. 16 Federal Communications Commission FCC 03- 35 17 or outside the circle be determined by the location of the fixed station for high power stations, and the center of the operating area for low power mobile systems. 108 Specifically, for Group A1 channels, the LMCC believes that fixed stations located within the 50- mile circle should be limited to the low power limit of 20 watts ERP, while fixed stations located outside the 50- mile circle should be eligible for full power (500 watt) operation. Furthermore, it believes that mobile units with areas of operation centered within the 50- mile circle should be limited to the low power limit of 6 watts ERP, while mobile units with an area of operation centered outside the 50- mile circle should be eligible for full power operation. We concur and hereby adopt the LMCC’s proposal. 36. In order to prevent high power mobile units from encroaching on the 50- mile circles, no wide area operations will be authorized for mobile units which exceed the low power limit of 6 watts ERP on Group A1 channels. Rather, mobile units will be required to specify their area of normal, day- to- day operations in terms of a maximum distance from a geographical center. Under this approach, the applicant would identify a geographical center and, as a general matter, a distance not to exceed a 50- mile radius from such geographical center. As stated above, however, any mobile unit which exceeds the low power limit of 6 watts ERP on Group A1 channels may not have an area of operation centered within the 50- mile circle of any top 100 urban area. 37. Non- voice Operations. The Commission noted in the NPRM that its rules currently permit all the channel pairs listed in Group A to be used for telemetry operations on a secondary basis, and that such operations are limited to 2 watts TPO. 109 In light of the proposed changes to Group A, the Commission sought comment on whether Group A should continue to be designated primarily for voice operations (with non- voice operations authorized on a secondary basis), or if non- voice operations should be limited to Group B as described below. 110 38. Notwithstanding the varied opinions on how or whether to permit non- voice operations on these channels, commenters expressed overwhelming support for the designation of spectrum for data operations, citing the continuously growing use of data applications. 111 We agree with commenters that the growing need for data operations justifies permitting such applications on the Group A channels. As AES Corporation points out, because wireless data messaging is growing much faster than voice, providing spectrum for data optimizes spectrum utilization. 112 Furthermore, many entities, including petroleum and natural gas companies, use data as part of their communications systems. 113 Moreover, as Dataradio points out, non- voice applications are already prevalent on the Group A channels. 114 Therefore, we will continue to allow non- voice applications on the Group A channels. 108 Id. 109 NPRM, 16 FCC Rcd at 14956 ¶ 18; see 47 C. F. R. § 90. 35( c)( 30). 110 NPRM, 16 FCC Rcd at 14956 ¶ 18. 111 UTC Comments at 6; Comments of Trimble Navigation Limited (Trimble) at 3 (Trimble Comments); API Reply Comments at 2- 3; Dataradio Reply Comments at 1- 5. 112 Comments of AES Corporation (AES) at 3 (AES Comments). 113 API Comments at 10. 114 Dataradio Comments at 4. 17 Federal Communications Commission FCC 03- 35 18 39. The LMCC proposes that we permit base/ mobile and fixed data systems to operate on Group A channels. 115 We agree. The LMCC also suggests, however, that mobile- only data systems be prohibited. 116 The LMCC reasons that because mobile- only systems are licensed for an area rather than a permanent location, such operations are more difficult to pinpoint when interference occurs. 117 We believe, however, that the LMCC’s concern regarding “pinpointing” mobile- only data systems is overstated. Low power systems licensed pursuant to Section 90.267 of our rules will be prohibited from specifying operations over a wide area. Rather, we will require applicants for low power systems to specify their area of normal, day- to- day operations in terms of a maximum distance of 50 miles from a geographical center. Inasmuch as mobile- only data systems will operate within a confined area, such systems will be more easily identified should harmful interference occur. Additionally, we note that if we prohibited mobile- only data, operators of data systems would need to supply coordinates for every fixed site in a system. As we indicated previously, however, providing coordinates for every fixed site would be an administrative burden for entities that operate numerous fixed sites throughout their service area. 118 Therefore, we believe that entities that operate data systems should be able to license multiple fixed sites as mobile. Consequently, we will permit mobile- only data systems to operate on Group A channels. We note, however, that mobile- only data systems must monitor the transmit frequency for communications in progress before transmitting in order to avoid causing harmful interference. 119 40. Turning to the issue of whether data operations should be co- primary or secondary to voice on low power channels, the LMCC and Motorola believe that coordinated base/ mobile data operations should be co- primary to voice operations, and that coordinated fixed data operations should be secondary to voice operations. 120 We agree that the growing demand for non- voice spectrum justifies the designation of data operations as co- primary to voice. We disagree, however, that there should be a distinction in status between base/ mobile data and fixed data operations. If fixed data systems are relegated to secondary status, we believe that most applicants who employ fixed data will be inclined to license their systems as mobile in order to receive co- primary status. This is at odds with our actions encouraging applicants, whenever feasible, to provide specific coordinates for fixed sites in order to enhance the frequency coordination process. 121 By authorizing fixed data on a co- primary basis to voice operations, we believe that applicants will provide more accurate information regarding the location of fixed data sites. Therefore, on Group A channels, we will allow all classes of data (fixed, base/ mobile or mobile- only) to operate on a co- primary basis to voice operations. In the interest of frequency reuse, however, we will prohibit continuous carrier systems on Group A channels. 41. We have indicated that data operations will be co- primary with voice operations on Group A frequencies. We note, however, that many of the Group A frequencies are currently subject to Section 115 LMCC Comments at 8. 116 Id. 117 Id. 118 See discussion at para. 17, supra. 119 See 47 C. F. R. § 90. 403( e). 120 Motorola Comments at 3; LMCC Comments at 7- 8. The LMCC points out that fixed data operations are currently secondary to voice operations on most Part 90 frequencies. Id. 121 See discussion at para. 17, supra. 18 Federal Communications Commission FCC 03- 35 19 90.35( c)( 30) of our rules, which authorizes telemetry operations (a subset of data) on a secondary basis to voice operations. 122 Inasmuch as Group A frequencies are intended for either voice or data operations on a co- primary basis, we will remove this limitation from Group A frequencies. 2. Group B 42. In the NRPM, the Commission tentatively concluded that it should adopt the LMCC’s proposal for Group B, which would consist of ten 12.5 kHz offset channel pairs for low power non- voice, coordinated use. 123 This tentative conclusion was based on the Commission’s recognition of a need for non- voice operations, particularly for critical safety operations, which could “suffer significant safety hazards if shared with voice operations”. 124 Commenters were generally in favor of the Group B proposal, and it will thus be adopted to the extent indicated below. 43. Power/ Antenna Height Limits. The NPRM proposed a maximum TPO for mobile/ portable, base and fixed operation of 2 watts, and a maximum antenna height above ground for base and fixed stations of 7 meters (20 ft) on the Group B frequencies. 125 As discussed above, however, the LMCC proposed to convert the current limit of 2 watts TPO to 6 watts ERP, believing that a conversion from TPO to ERP would enhance the effectiveness of the frequency coordination process and increase the availability of spectrum. 126 Dataradio, however, proposes to increase the limits for Group B base/ fixed stations to the Group A limits of 20 watts ERP and 23 meters (75 feet) for antenna height. 127 44. We disagree that equivalent limits should be established for Group A and Group B channels. In the NPRM, the Commission proposed four unique channel groups based on its determination that there are unique and varying needs amongst PLMR users, such as for non- coordinated itinerant use, coordinated voice use, and coordinated non- voice use. These varying needs include various power levels; hence the proposed power levels distinctions between Groups A & B. Adopting Dataradio’s proposal to raise power levels in Group B would be at odds with our recognition of the varying needs of the PLMR community. Furthermore, we note that Dataradio and other users seeking to employ data applications at the higher power levels can do so on the Group A channels. 128 Consequently, we deny Dataradio’s request and implement the LMCC’s suggested limits of 6 watts ERP and 7 meters (20 ft) antenna height for Group B channels. We will set the power limit for Group B portable units, however, at 2 watts ERP in order to limit exposure to radiofrequency radiation from portable units. 122 See 47 C. F. R. § 90. 35( c)( 30). 123 In addition to the ten 12. 5 kHz channel pairs specified, the same criteria apply to the channels 6.25 kHz immediately above and below these channels. 124 NPRM, 16 FCC Rcd at 14956 ¶ 19; see Petition at 7. LMCC notes that typical operations on these channels would include wireless data transmissions used for “remote control of cranes, robotics, etc.” Id. 125 NPRM, 16 FCC Rcd at 14957 ¶ 19. 126 LMCC Comments at 10. 127 Dataradio Comments at 6. Toro also supports an increase in antenna height for Group B base/ fixed stations. Toro Comments at 4; Toro Reply Comments at 4. 128 See para. 38, supra. 19 Federal Communications Commission FCC 03- 35 20 45. Voice operations. In the NPRM, the Commission sought comment on whether the ten data channels in Group B should be designated as “data primary” instead of “data only.” 129 The LMCC recommended that the Commission permit voice operations on the Group B data channels on a secondary, non- interfering coordinated basis, in order to maximize spectrum efficiency. 130 We note, however, that in the Refarming proceeding, a petitioner averred that shared use of voice and non- voice channels could have catastrophic results 131 and that interference avoidance would be costly and inefficient for users employing non- voice transmissions. 132 Accordingly, the Commission sought comment on whether the “data only” approach was necessary to adequately protect data operations, especially in light of the fact that critical safety operations are contemplated in this band. 133 46. Some commenters expressed concern that voice operations would cause interference to mission critical data operations. 134 In contrast, other commenters averred that these frequencies should not be limited to data operations. 135 For example, several commenters assert that any voice operations on Group B channels should be limited to directly supporting a licensee’s data operation. 136 We believe, however, that crafting a restriction that limits the manner in which a licensee uses a particular channel would be difficult if not impossible to enforce. Although we recognize the concern regarding potential interference to mission critical data operations, we agree with commenters, such as Toro, that maximum spectrum efficiency will be achieved by permitting voice operations on a secondary, non- interference basis. 137 In this regard, we note the LMCC’s concern that a prohibition of secondary voice operations on the Group B channels may require some users to purchase additional equipment in order to support their non- voice operations. 138 We reiterate that the Group B channels will remain frequency coordinated, which will help prevent harmful interference to primary data operations. 139 Furthermore, we note that frequency coordinators are free to limit the recommendation of voice operations on Group B. Specifically, the frequency coordinators may choose to recommend voice operations on Group B channels 129 NPRM, 16 FCC Rcd at 14956- 7 ¶ 20. 130 Petition at 7. 131 The example that the petitioner provided was a voice transmission causing a remote oil tank to be overfilled and rupturing. See Dataradio Petition for Reconsideration and/ or Clarification of the Second MO& O, filed August 5, 1999 at 11- 12. 132 Id. at 12. The Commission concluded that this issue went beyond the scope of the Refarming proceeding and that Dataradio’s concerns would be most appropriately raised and considered in the context of LMCC’s Petition. See Refarming Fifth MO& O, 16 FCC Rcd at 420- 1 ¶¶ 11- 12. 133 NPRM, 16 FCC Rcd at 14956- 7 ¶ 20. 134 AES Comments at 4- 5; Dataradio Comments at 9- 10. 135 API Comments at 11; Toro Comments at 6- 7. 136 LMCC Comments at 10; PCIA Comments at 5; Dataradio Reply Comments at 4. 137 Toro Comments at 6- 7. 138 LMCC Reply Comments at 3. 139 See id., indicating that proper frequency coordination can minimize the risk of interference between data and voice. 20 Federal Communications Commission FCC 03- 35 21 only to entities that are performing data operations. Consequently, we designate Group B channels as “data primary” and allow secondary voice operations. 47. Telemetry Limitation. In the NPRM, the Commission noted that all Group B frequencies are currently governed by Section 90.35( c)( 30) of our rules, a provision that designates telemetry operations as secondary. 140 Inasmuch as the Group B frequencies are intended for data or telemetry operations, the Commission tentatively concluded that this limitation should be removed for these frequencies. 141 Commenters were generally supportive of this tentative conclusion. 142 Therefore, we will remove the limitation specifying telemetry as secondary from Group B frequencies. 48. Continuous Carrier/ Protected Service Areas. In the NPRM, the Commission sought comment on whether it should allow continuous data transmissions on Group B channels. 143 Some commenters support allowing continuous carrier transmissions on Group B channels provided we apply “protected service areas” around these operations. 144 Commenters use the term “protected service area” to refer to an area where a licensee has exclusive use of a frequency. 145 Continuous carrier operations require exclusive use of their frequency because these systems have no monitoring capabilities and are constantly transmitting. Without exclusive use of a frequency, continuous carrier operations can cause significant harmful interference to other users. 49. UTC and Motorola suggest that we modify our Part 90 trunking rules to accommodate continuous carrier data operations. 146 Pursuant to Section 90.187 of our rules, trunked systems operating below 512 MHz may obtain exclusive use of a frequency if the trunked system obtains written consent from all affected licensees. 147 A trunked system that has obtained exclusive use of a frequency is protected from encroaching co- channel and adjacent- channel systems and, therefore, operates within a “protected service area.” 148 UTC and Motorola request that we apply the criteria of Section 90.187 to continuous carrier data operations in order to allow them to obtain “protected service areas.” 149 140 NPRM, 16 FCC Rcd at 14956 ¶ 19. See 47 C. F. R. § 90. 35( c)( 30). 141 NPRM, 16 FCC Rcd at 14956 ¶ 19. 142 See LMCC Comments at 10; Toro Comments at 6. 143 NPRM, 16 FCC Rcd at 14956 ¶ 19. 144 UTC Comments at 7- 9; Motorola Comments at 3- 5. 145 UTC Comments at 7- 9; Motorola Comments at 3- 5. Exclusive use of a frequency means that a licensee may operate without monitoring for other users. 146 Id. 147 47 C. F. R. § 90.187. This provision was designed to allow trunking systems to work effectively and efficiently on the private land mobile frequencies below 512 MHz. See Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Service and Modify the Policies Governing Them, Second Report and Order, PR Docket No. 92- 235, 12 FCC Rcd at 14337- 38 (1997). 148 47 C. F. R. § 90.187( b)( 2)( v). 149 UTC Comments at 7- 9; Motorola Comments at 3- 5. 21 Federal Communications Commission FCC 03- 35 22 50. The LMCC recognizes that continuous carrier operations require “protected service areas” and that the Commission’s rules do not presently accommodate such operations. 150 The LMCC and Trimble suggest that we defer a decision on the matter of “protected service areas” for continuous carrier data systems until this issue can be studied more completely. 151 We generally agree that it would be inappropriate to establish “protected service areas” in the instant proceeding. The proposals by UTC and Motorola are beyond the scope of this proceeding and implicate all private land mobile frequencies below 512 MHz. Accordingly, we deny the request to establish “protected service areas” for continuous carrier data systems on Group B channels. In this connection, we note that such continuous carrier data systems are not permitted under current rules. 51. Duty Cycle. In the NPRM, the Commission requested comment on whether to specify a duty cycle for Group B operations. 152 The specification of a duty cycle limits the number and length of transmissions which may occur in any specific time period. Commenters in favor of duty cycle limitations assert that this approach would promote frequency re- use and spectrum efficiency by preventing high traffic licensees from monopolizing shared channels. 153 On the other hand, Toro opposes a duty cycle because the random nature of its communications will not fall easily into the pattern of a duty cycle. 154 No commenter provides us with specifics regarding designing a duty cycle that will promote frequency re- use without limiting the flexibility of operations such as Toro’s. Furthermore, we agree with API that re- use concerns are mitigated by coordination and low power use. 155 Because the record before us does not clearly dictate the need for a duty cycle to promote frequency reuse, we will refrain from imposition thereof for Group B channels. We note, however, that licensees must continue to share these frequencies. 156 52. AES Proposal. AES states that certain specialized non- voice operations should be allowed to operate on Group B channels without frequency coordination. 157 AES indicates that such transmitters would have a TPO greater than .01 watts but never more then 2 watts. 158 AES further states that these very low power devices would perform the function of controlling equipment, reading measurements and providing alerts. 159 150 LMCC Comments at 9. 151 LMCC Reply Comments at 2; Trimble Reply Comments at 6. 152 NPRM, 16 FCC Rcd at 14956 ¶ 19. 153 AES Comments at 6; Hexagram Comments at 8. 154 Toro Comments at 7. 155 API Comments at 10. 156 Frequencies are available on a shared basis and will not be assigned for the exclusive use of any licensee. 47 C. F. R. § 90. 173( a). 157 AES Comments at 5. 158 Id. 159 Id. 22 Federal Communications Commission FCC 03- 35 23 53. AES has not provided sufficient reason to exempt its operations from frequency coordination on Group B channels. Frequency coordination thereon will promote frequency reuse and minimize the potential for harmful interference. Furthermore, the operations described by AES appear to be virtually identical to those envisioned for Group C. AES may perform operations without frequency coordination on Group C channels as discussed below, or in other bands covered by Part 95 of our rules, such as the Multi- use Radio Service (MURS). 160 54. Mobile- Only. In its comments, the LMCC proposes that mobile- only data operations be prohibited on Group B channels, averring that such systems operate without monitoring for other users thereby causing harmful interference to other systems. 161 As discussed above, the LMCC made the same request for Group A, asserting that when harmful interference occurs, mobile- only data systems are difficult to pinpoint because they are licensed for an area of operation instead of a specific set of coordinates. 162 As we indicated for Group A, however, we believe that “pinpointing” mobile- only data will not be difficult because licensees on these frequencies will be prohibited from specifying wide area operations. 163 Additionally, we noted that if we prohibited mobile- only data, operators of data systems would need to supply coordinates for every fixed site in a system, thereby yielding administrative burdens for such licensees. 164 Therefore, as with Group A, we will permit mobile- only data systems to operate on Group B channels. We note, however, that mobile- only data systems must monitor the transmit frequency for communications in progress before transmitting in order to avoid causing harmful interference. 165 3. Group C 55. In the NPRM, the Commission sought comment on the LMCC’s proposal for Group C, which would consist of twenty- five 12.5 kHz offset channel pairs for low power non- coordinated, itinerant use. 166 The Commission’s rules define itinerant operation as operation of a radio station at unspecified locations for varying periods of time. 167 These frequencies would be used by small businesses, such as electricians, plumbers, and others who need short- term, on- site communications. 168 Users would be required to obtain a license for such use, however, licensees would not be required to specify a location from which they would operate, and would be permitted to operate anywhere nationwide without prior 160 See 47 C. F. R. § 95. 1301 et seq. 161 LMCC Comments at 8- 9. The LMCC describes the interference problems created by mobile only data systems in the context of Group A channels. PCIA concurs that mobile- only data should be prohibited. PCIA Comments at 4. 162 LMCC Comments at 8. 163 See para. 39, supra. 164 Id. 165 See 47 C. F. R. § 90. 403( e). 166 NPRM, 16 FCC Rcd at 14957 ¶ 21, citing Petition at 7. In addition to the twenty- five 12. 5 kHz channel pairs specified, the same criteria apply to the channels 6.25 kHz immediately above and below these channels. 167 47 C. F. R. § 90.7. 168 Petition at 7. 23 Federal Communications Commission FCC 03- 35 24 coordination. 169 Commenters agreed with the proposal, acknowledging the need for low power, uncoordinated, itinerant operations. Further, we believe that adoption of this proposal will provide certain low power users, such as construction companies, needed flexibility in establishing short- term communications systems. Therefore, we adopt LMCC’s proposal with respect to Group C, to the extent indicated below. 56. Power/ Antenna Height Limits. The NPRM proposed a maximum TPO for mobile/ portable, base and fixed operation of 2 watts, and a maximum antenna height above ground for base and fixed stations of 7 meters (20 ft) on the Group C frequencies. 170 As discussed above, however, the LMCC proposed to convert the current limit of 2 watts TPO to 6 watts ERP, believing that a conversion from TPO to ERP would enhance the effectiveness of the frequency coordination process and increase the availability of spectrum. 171 No other commenter specifically discussed power and antenna height limits for Group C. As we have discussed in great detail above, we agree with the LMCC that the use of an ERP standard is preferable and will thus adopt the LMCC’s suggested limits of 6 watts ERP and 7 meters (20 ft) antenna height for Group C channels. 172 We will set the power limit for Group C portable units, however, at 2 watts ERP in order to limit exposure to radiofrequency radiation from portable units. 57. Dockside Channels. The Commission noted in the NPRM that four of the frequencies specified in the LMCC’s Petition, 467.7625 MHz, 467.7875 MHz, 467.8125 MHz, and 467.8375 MHz, are currently designated under our Part 90 rules for dockside operations on a primary basis, and are also authorized for mobile operation, radio remote control, and telemetering functions. 173 Because the Commission tentatively concluded that sharing between the currently authorized uses and the proposed non- coordinated, itinerant operations was not advisable due to the potential for harmful interference, in the NPRM it sought suggestions on replacement channels for the four listed above. 174 The LMCC suggested that these channels be dropped with no replacement so as to prevent additional cases of high power systems licensed on low power frequencies. 175 However, Motorola disagrees that uncoordinated low power operations will be incompatible with dock- side operations. 176 We disagree with Motorola that itinerant operations on Group C channels can coexist with primary dockside operations. Itinerant operations on these four frequencies would need to remain secondary to dockside operations. However, because itinerant operations occur at unspecified locations without prior notice, it is unfeasible to limit their use in order to protect primary dockside operations. Consequently, we will remove these frequencies from Group C and will not designate replacement frequencies. The four originally corresponding frequencies will be left unpaired. 169 These frequencies would be available for use nationwide, as the types of projects suited for low power, itinerant communications can take place in any state or region. 170 NPRM, 16 FCC Rcd at 14957 ¶ 21. 171 LMCC Comments at 10. 172 See para. 9, supra. 173 NPRM, 16 FCC Rcd at 14957 ¶ 22. See 47 C. F. R. § 90. 35( c)( 35) & (60). 174 NPRM, 16 FCC Rcd at 14957 ¶ 22. 175 LMCC Comments at 11. 176 Motorola Comments at 7. 24 Federal Communications Commission FCC 03- 35 25 58. Fixed Operations. The Commission noted in the NPRM that most of the Group C channel pairs are subject to Section 90.35( c)( 62) of our rules, 177 which authorizes fixed operations on a secondary basis to land mobile operations pursuant to Section 90.261. 178 We have subsequently clarified herein that Section 90.261 does not apply to low power channels and that fixed operations are co- primary to low power land mobile operations. 179 However, in the NPRM, the Commission sought comment on whether fixed operations should be prohibited on itinerant frequencies. We agree with AWWA that fixed operations are inconsistent with the concept of itinerant operation. 180 We believe that fixed/ base operation at a permanent site should be performed on frequencies designated for non- itinerant low power operations. Consequently, we will only license mobile operations on Group C itinerant frequencies. Although all stations will be licensed as mobile, we note that operation at a “fixed” location for a temporary period of time will be permitted on Group C. These temporary “fixed” sites will be limited to the LMCC recommended limit of 7 meters (20 ft) antenna height. 59. Data Operations. In a related matter, the Commission noted in the NPRM that most of the Group C channel pairs are subject to Section 90.35( c)( 30), which authorizes telemetry operations on a secondary basis to voice operations. 181 As also noted in the NPRM, however, the lack of infrastructure inherent therewith renders itinerant services incompatible with the concept of employing secondary operations. Specifically, there is no way for entities proposing secondary operations to coordinate their activities around the primary operation. Consequently, the Commission sought comment on whether data transmissions should be prohibited on these frequencies. 182 All comments on this subject support data operations on Group C channels. 183 We agree with commenters that itinerant users will benefit from flexible voice or data operations on Group C channels. 184 Consequently, Section 90.35( c)( 30) of our rules will not be applicable to the Group C frequencies, and we will allow data operations on a co- primary basis to voice operations. 60. Medical Telemetry. In the NPRM, the Commission noted that ten of the low power channels proposed for Group C are currently available to hospitals and health care institutions for medical radio 177 47 C. F. R. § 90.35( c)( 62). 178 47 C. F. R. § 90.35( c)( 261). See NPRM, 16 FCC Rcd at 14958 ¶ 24. 179 See discussion at para. 17, supra. 180 See AWWA Comments at 4. 181 47 C. F. R. § 90.35( c)( 62). See NPRM, 16 FCC Rcd at 14958 ¶ 24. 182 Id. 183 Comments of Enalysis Corporation (Enalysis) at 2- 3 (Enalysis Comments); Comments of Pacific Crest Corporation (Pacific Crest) at 4- 5 (Pacific Crest Comments); Trimble Comments at 6- 7; Hexagram Reply Comments at 7; see also Letter from Mitchell Lazaraus, Esq. to Secretary, FCC, dated October 25, 2002 (“ Hexagram Ex Parte”) at 4. 184 Pacific Crest Comments at 1- 4 (stating that Group C channels have great potential for Real- Time Kinematic (RTK) technology which is used in support of precision Global Positioning Systems for applications such as surveying; Trimble Comments at 6- 7 (stating that itinerant users require simultaneous voice and data communications at a site, as in the case of construction crews employing GPS systems for machine control applications). 25 Federal Communications Commission FCC 03- 35 26 telemetry operations on a secondary basis. 185 Because the LMCC’s proposal would allow non-coordinated, itinerant operations on Group C, the Commission expressed concern that the proposed use would cause harmful interference to telemetry operations. 186 It therefore tentatively concluded that these ten frequencies should not be made available for non- coordinated, itinerant use until the end of the medical telemetry transition period. 187 Some commenters disagreed with this tentative conclusion. For example, the LMCC maintained that no delay was necessary because the contemplated low power uses should not interfere with telemetry, and that the color dot protections discussed infra would provide adequate protections thereto. 188 However, these commenters did not present sufficient evidence to persuade us to change the Commission’s tentative conclusion that itinerant use could present a great deal of harm to telemetry operations. Therefore, we will permit itinerant use on the ten Group C frequencies available for medical radio telemetry operations upon completion of the medical telemetry migration deadline. 189 61. Some commenters have taken this opportunity to request an extension of the October 2003 deadline for migration of medical telemetry equipment in the 460- 470 MHz band to frequencies dedicated to WMTS. 190 We believe it would be inappropriate to act on such requests in the instant proceeding. We first note that these requests, which have been filed in the form of comments to our proposal to establish a non- coordinated itinerant service, extend beyond the scope of the NPRM. Indeed, the NPRM did not provide notice to PLMR users that the Group C spectrum, currently utilized by medical telemetry users, might be frozen beyond the current migration deadline. Furthermore, we conclude that the record before us is insufficient to justify extending the transition period. Therefore, we deny the requests for an extension of the October 2003 medical telemetry migration deadline. 62. Group C Radio Equipment. The Commission tentatively concluded in the NPRM that manufacturers of the radios used for the Group C channels must construct the radios to work only on these twenty- five channels and other UHF color dot and star dot frequencies in order to help protect full power coordinated channels from additional co- channel conflicts that might occur from uncoordinated users. 191 Some commenters agreed with our conclusion. 192 For example, PCIA asserts that such a 185 NPRM, 16 FCC Rcd at 14958 ¶ 24; 47 C. F. R. §§ 90. 35( c)( 67), 90. 267( a)( 5). These frequencies include: 462. 7625 MHz, 462. 7875 MHz, 462. 8125 MHz, 462.8375 MHz, 462. 8625 MHz, 462.8875 MHz, 462. 9125 MHz, 467. 8625 MHz, 467. 8875 MHz, and 467.9125 MHz. Although such medical telemetry operations are authorized on a secondary basis, the Commission has previously recognized the importance of this vital service. See, e. g., Medical Telemetry R& O, 15 FCC Rcd at 11206 ¶ 1; see also note 18 and accompanying text, supra. 186 NPRM, 16 FCC Rcd at 14958 ¶ 24. 187 Id. 188 LMCC Comments at 10. 189 These frequencies are subject to 47 C. F. R. § 90. 35( c)( 67) as revised in Appendix B. 190 Comments of Allina Health Systems (Allina) at 1 (Allina Comments); Reply Comments of the American Hospital Association Task Force on Medical Telemetry (AHA) at 7- 9 (AHA Reply Comments). 191 NPRM, 16 FCC Rcd at 14958- 90 ¶ 25. Certain low power and itinerant frequencies in the Industrial/ Business Pool that are used for very low tier, low cost, entry level communications are commonly referred to as color dot frequencies because their operating frequencies are designated by a colored dot or star on the radio. This frequency identification code was developed by, and apparently is uniformly used by, the manufacturers of these radios. See, e. g., 1998 Biennial Regulatory Review – 47 C. F. R. Part 90 - Private Land Mobile Radio Services, Notice of Proposed Rule Making, WT Docket No. 98- 182, 13 FCC Rcd 2,113 ¶ 31 n. 55 (1998). 26 Federal Communications Commission FCC 03- 35 27 restriction is critical to reducing unlicensed, uncoordinated use of non- itinerant spectrum. 193 Motorola, however, asserts that such a restriction would likely harm users with varying communications requirements who would be required to purchase multiple radios instead of having the frequencies built into a single radio. 194 63. After reviewing the record in this proceeding, we concur with Motorola that such a restriction on the equipment is not necessary here. First, we note that under LMCC’s proposal, as well as the NPRM, licensing on Group C frequencies would remain restricted to Industrial/ Business Pool eligibles. Further, as Motorola points out, some of the Industrial/ Business users most likely will have varying communication requirements beyond itinerant low power operations. As a result, we are concerned that adopting the proposed restriction on radio equipment could result in such users being required to purchase multiple radios to meet their various communications needs as opposed to a single unit. The record is devoid of evidence that failure to adopt the proposal would adversely affect the effective and efficient utilization of these frequencies. Absent such showing, we believe that it would be inequitable to require users to purchase a separate radio in order to operate on Group C itinerant low power frequencies. Accordingly, we will allow equipment manufacturers to combine Group C frequencies with other non-itinerant frequencies into a single radio. 195 64. Incumbent Low Power Operations. In the NPRM, the Commission sought comment on how incumbents on Group C channels should be treated. 196 Hexagram urges us to protect incumbents on these frequencies. 197 Hexagram states that non- coordinated itinerant equipment should be prohibited from operating in areas licensed to existing low power users. 198 We believe, however, that Hexagram’s proposal conflicts with the itinerant nature of Group C frequencies. Because itinerant operations are, by nature, intended for use at any location without prior coordination, it is not viable to permit itinerant operation while still restricting its use in certain areas. Consequently, we will not afford incumbents special protection from itinerant operations but we will allow them to continue operating on the Group C frequencies under the terms of their existing authorizations. We believe this approach strikes the proper balance between the benefits of allowing itinerant operations 199 and any adverse impact on incumbent users. Moreover, this approach is consistent with the Commission’s interest in promoting flexible spectrum use among similar operations. In this connection, we note that low power incumbents, such as Hexagram’s utility telemetry users, who require the protection of frequency coordination can use the (Continued from previous page) 192 LMCC Comments at 10; AWWA Comments at 4- 5; PCIA Comments at 5. 193 PCIA Comments at 5. 194 Motorola Comments at 8. 195 Users who operate equipment capable of transmitting on both Group C frequencies and other Part 90 frequencies will need to obtain frequency coordination for the non- Group C frequencies and proper authorization for all the frequencies. 196 NPRM, 16 FCC Rcd at 14959 ¶ 26. 197 Hexagram Comments at 8- 9; Hexagram Ex Parte at 4 (stating large systems were constructed in reliance on present rules and must be protected from itinerant users). 198 Hexagram Comments at 9. 199 See, e. g., id. at 8 (agreeing in principle with the benefits of non- coordinated itinerant use of Group C low power frequencies). 27 Federal Communications Commission FCC 03- 35 28 frequencies in low power Groups A and B. Additionally, we note that utility telemetry operators requiring special protection may operate in other bands including: the Part 90 telemetry band at 1427- 1432 MHz, 200 and certain Part 101 Multiple Address System frequencies that are reserved for private internal use (928/ 952/ 956 MHz and 932/ 941 MHz bands). 201 4. Group D 65. Low Power Limits. In the NPRM, the Commission sought comment on the LMCC’s proposal to establish a fourth set of frequencies, labeled “Group D,” which would consist of five 12.5 kHz offset channel pairs for low power coordinated use. 202 The subject frequencies are primarily reserved for CSA operations and allow secondary telemetry operations. 203 Two of the channel pairs are available for central station alarm operations nationwide. 204 Three channel pairs are available only for central station alarm operations in urban areas as defined by Section 90.35( c)( 63) of our rules. 205 Outside of the urban areas, however, these channels are available for Industrial/ Business eligibles generally. 206 The LMCC requested that these non- CSA users be permitted fixed as well as mobile operations. 207 Unlike the other Industrial/ Business low power groups discussed above, however, the LMCC does not support an ERP limitation for Group D channels. 208 Rather the LMCC supports maintaining the existing 2 watt TPO standard for mobile/ portable, base and fixed operations. 209 66. Regarding the Group A, B and C channels, we have decided, herein, to convert the current TPO standard to an ERP standard for low power operations, citing such benefits as enhancing the effectiveness of the frequency coordination process. 210 We believe, however, that operation on Group D 200 See 47 C. F. R. § 90. 259( b). 201 See 47 C. F. R. §§ 101. 147( b)( 1) & (2). 202 In addition to the five 12. 5 kHz channel pairs specified, the same criteria apply to the channels 6.25 kHz immediately above and below these channels. 203 A central station protection service is defined as an electrical protection and supervisory service rendered to the public from and by a central station accepted and certified by one or more of the recognized rating agencies or the underwriters Laboratories (UL), or Factory Mutual Systems. See 47 C. F. R. § 90. 35( c)( 63). Secondary fixed CSA operations are allowed, with certain restrictions, on all five of these frequency pairs. See 47 C. F. R. § 90. 35( c)( 64). We also note that 466. 0125 MHz is available for hospital use on a secondary basis. 47 C. F. R. § 90. 35( c)( 69). 204 The channel pairs 460/ 465. 9875 MHz and 460/ 465. 0125 MHz are available for CSA operations without regard to top urban areas. 47 C. F. R. §§ 90. 35( c)( 66). 205 The channels pairs 460/ 465.9125 MHz, 460/ 465. 9375 MHz, and 460/ 465. 9625 MHz are available for CSA operations only within the boundaries of urbanized areas of 200, 000 or more population. 47 C. F. R. § 90. 35( c)( 63). 206 Id. 207 Petition at 7, n. 5. 208 LMCC Comments at 11. 209 Id. 210 See para. 13, supra. 28 Federal Communications Commission FCC 03- 35 29 channels is unique and distinguishable from the other Groups, and retention of the current TPO standard thereon will most benefit users. Unlike Groups A, B and C where the majority of operations will be mobile, Group D frequencies will primarily consist of fixed operations. Therefore, for this particular case, we believe that the benefits associated with an ERP standard are offset by the fact that an ERP standard would limit the use of high gain antennas at fixed sites on Group D channels, and force Group D licensees to use Group A channels and supply individual coordinates for fixed sites requiring high gain antennas. 67. Group D channels are specifically slated for CSA operations. For the most part, CSA operators employ fixed transmitters licensed as mobile. 211 If we were to convert to an ERP standard on these channels, all CSA fixed transmitters licensed as mobile would need to satisfy an ERP limit established for mobile units. We have established a limit of 6 watts ERP for mobile units operating in the other Industrial/ Business groups discussed above. This same 6 watt ERP limitation for Group D mobile units could limit a CSA licensee’s ability to use high gain antennas at their fixed sites. Under conditions of a conversion to an ERP standard on these channels, the use of a high gain antenna in combination with 2 watts TPO would generally exceed the 6 watt ERP limit. 68. In contrast, non- CSA Industrial/ Business users who wish to employ high gain antennas at fixed sites may operate on Group A channels where 20 watts ERP is permitted. 212 Such users, however, would need to license these higher power operations as fixed and supply coordinates. We have already noted that because CSA users employ such a multitude of fixed stations, supplying coordinates for each fixed sites would be an administrative burden. 213 Further, the LMCC indicates that providing coordinates to CSA fixed sites could compromise the safety of the protected premises. 214 Consequently, we believe that CSA licensees should continue to have the flexibility to employ high gain antennas at fixed sites without the added constraint of satisfying an ERP standard or providing specific coordinates. Therefore, we will continue to limit operating power on Group D frequencies to 2 watts TPO. 69. Clarification. In Appendix C of the NPRM, the Commission proposed rules for operation of Group D channels. 215 The Commission erroneously stated that all the Group D channels are available for general Industrial/ Business operations outside the urban areas specified in Section 90.35( c)( 63). 216 The LMCC and CSAA have asked us to clarify that certain channel pairs for Group D will continue to be available only for CSA use nationwide. 217 Consequently, we take this opportunity to clarify that the channel pairs subject to Section 90.35( c)( 66) of our rules will continue to be available exclusively for CSA use nationwide. 211 Comments of the Central Station Alarm Association (CSAA) at 2 (CSAA Comments). 212 See para. 24, supra. 213 See para. 17, supra. 214 LMCC Comments at 12. 215 NPRM, 16 FCC Rcd at 14973. 216 Id. 217 LMCC Comments at 13; CSAA Comments at 5- 6. The 6.25 kHz and 12. 5 kHz channel pairs at issue are 460/ 465. 98125, 460/ 465. 9875, 460/ 465. 99375, 461/ 466. 00625, 461/ 466. 0125, 461/ 466. 01875 MHz. See 47 C. F. R. § 90. 35( c)( 66). 29 Federal Communications Commission FCC 03- 35 30 70. Note 64 Limitation. The LMCC and the CSAA state that Section 90.35( c)( 64) 218 should not be applicable to Group D channels. 219 This provision limits the maximum duration, bandwidth and number of transmissions in any 60- second period of non- voice CSA transmissions. 220 CSAA states that the provision was intended to apply to high power non- voice CSA transmissions and no longer applies to Group D frequencies, since these frequencies will be limited to low power use. 221 We agree. As CSAA indicates, the provision was carried over to the former offset channels as part of the refarming process that would have made these channels available for high power operation. Inasmuch as these channels are part of the low power plan and are not available for high power use, Section 90.35( a)( 64) will not be applicable to the Group D frequencies. 5. Low Power Public Safety Pool 71. In the NPRM, the Commission tentatively concluded, based on LMCC’s recommendation, that it should designate fourteen 12.5 kHz channel pairs for low power operations in the Public Safety Pool. 222 Inasmuch as we received no opposition to the Commission’s tentative conclusion, it is hereby adopted to the extent indicated below. 72. Power/ Antenna Heights Limits. In the NPRM, the Commission sought comment on power and antenna height limits for the Low Power Public Safety Group. 223 The LMCC proposes increasing the current limit of 2 watts TPO to 5 watts TPO. 224 The LMCC also suggests an antenna height limit of 7 meters (20 feet) above ground for fixed stations. 225 We received no further comments regarding operations in the Low Power Public Safety Group. As we discussed previously, however, we believe that ERP limits are more appropriate here. 226 For continuity purposes, we will establish power and antenna height limits equivalent to the limits established in Groups B and C in the Industrial/ Business pool. We believe these power and antenna height limits strike a proper balance between allowing sufficient power for low power public safety operations while maximizing frequency reuse. Therefore, we will implement the limits of 6 watts ERP and 7 meters (20 ft) antenna height for the Low Power Public Safety Group. We will set the power limit for portable units, however, at 2 watts ERP in order to limit exposure to radiofrequency radiation from portable units. 218 47 C. F. R. § 90.35( c)( 64). 219 LMCC Comments at 12- 13; CSAA Comments at 2- 5. 220 47 C. F. R. § 90.35( c)( 64)( ii), (iii) and (iv). 221 CSAA Comments at 4. 222 Petition at 8. 223 NPRM, 16 FCC Rcd at 14960 ¶ 28. 224 LMCC Comments at 14. 225 LMCC did not comment on antenna height limits discussed in the NPRM but suggested these limits in their original petition prior to the NPRM. LMCC Petition at 8. 226 See para. 14, supra. 30 Federal Communications Commission FCC 03- 35 31 73. Station Class. In the NPRM, the Commission requested comment on the LMCC’s request to allow public safety licensees to license fixed stations either as “fixed’ or “mobile.” 227 We have previously discussed this issue and indicated that we will continue to allow all low power licensees to license multiple fixed sites as mobile units, provided that they supply areas of operation for these multiple fixed sites. 228 We proposed no further rule changes for the Low Power Public Safety Group and received no comments suggesting further changes. Therefore, beyond the power and antenna height limits discussed above, we will make no further changes to the current operations on these frequencies. 6. Miscellaneous Matters 74. Codification of Consensus Plan. The Commission noted in the NPRM, that if it adopted the proposals and tentative conclusions described therein, it would, in effect be codifying the Consensus Plan into its Rules. 229 The Commission sought comment on whether such adoption was the ideal approach or whether it should instead establish a minimum, maximum, or absolute number of channels that the coordinators are authorized to designate for each group. 230 Commenters expressed support for codification of the Consensus Plan, stating that it would result in stability and reliability, and would encourage investment. 231 Commenters further stated that the codification would help frequency coordinators properly administer use of the low power channels, and would prevent the possibility of future frequency coordinators that were not part of the consensus from coordinating non- compliant uses. 232 We note that in substantially adopting the LMCC’s proposals, we have essentially codified the Consensus Plan, and no further action is warranted. 233 75. Channel Pairs. The Consensus and Low Power Plans listed the low power channels in pairs. Under the current rules for the 450- 470 MHz band, both base and mobile operation are permitted on the low side of a pair, while the high side is limited to mobile operation. 234 Applicants typically apply for one side of a pair. For example, if only mobile operation is desired, a license is granted for one side of the channel pair, usually the high side. If base and mobile operation is desired, a license is granted for the low side. In the NPRM, the Commission requested comment on whether it should continue this approach for the channels specified in the low power pool. 235 227 NPRM, 16 FCC Rcd at 14960 ¶ 28. 228 See para. 17, supra. 229 NPRM, 16 FCC Rcd at 14960 ¶ 29. 230 Id. 231 LMCC Comments at 14; Toro Comments at 7. 232 Motorola Comments at 2. 233 We are also revising 47 C. F. R. §§ 90. 35 and 90. 267 in accordance with revisions to Part 90 that we adopted on February 12, 2003. See Implementation of Sections 309( j) and 337 of the Communications Act of 1934, as amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, WT Docket No. 99- 87, Second Report and Order and Second Further Notice of Proposed Rule Making, FCC 03- 34 (rel. Feb. 25, 2003). 234 See 47 C. F. R. §§ 90. 173( i), 90. 20, and 90. 35. 235 NPRM, 16 FCC Rcd at 14960- 1 ¶ 31. 31 Federal Communications Commission FCC 03- 35 32 76. API asserts that while it recognizes that restricting the high side of a channel pair to mobile operations may facilitate frequency coordination, it nonetheless supports licensing base and mobile operations on either side of the channel pair. API reasons that if any one side of the pair is restricted, there is potential for underutilized spectrum thereon. 236 We agree. Therefore, we will allow fixed operation on either the high side or the low side of the channel pair. In order to facilitate the frequency coordination process, however, we will authorize the “slightly” higher power 20 watt ERP fixed stations only on the lower side of Group A channel pairs. Fixed stations operating on the high side of a Group A channel pair will be restricted to the mobile limit of 6 watts ERP. For applicants who require paired frequencies for base to mobile and mobile to base communications, we will continue to authorize base and mobile operations on the low side of the pair while authorizing only mobile operations on the high side. 77. Directional Antenna Requirements. Our decision to express the power limitation for mobile units in terms of ERP rather than TPO requires us to reexamine Section 90.267( a)( 7) of our rules. 237 Section 90.267( a)( 7) requires that fixed stations licensed as mobile employ a directional antenna with a front to back ratio of at least 15 dB, if the fixed station communicates with one or more associated stations located within 45 degrees of azimuth. 238 Because we have decided to convert from a TPO to an ERP standard, however, this same fixed station would also need to satisfy the ERP limit of 6 watts established for most mobile units operating pursuant to Section 90. 267. 239 In order for a station to satisfy both the front to back ratio requirement and the ERP limit, a fixed station licensed as mobile would need to employ a very small TPO. Therefore, we believe that our decision to express power limits in terms of ERP for Groups A, B and C, would be at odds with Section 90.267( a)( 7) if it remains in effect. 78. We believe that licensees should have flexibility in choosing between antenna directionality and TPO when satisfying the ERP limits that we have established herein. Therefore we will eliminate the requirement that certain fixed stations licensed as mobile employ directional antennas with a minimum front to back ratio. Licensees may design stations using any combination of TPO and antenna gain in order to satisfy the ERP requirements. We note that licensees who need to employ high gain antennas at fixed stations also will have the flexibility to operate such stations at the slightly higher power level of 20 watts ERP on Group A channels. 240 Such stations would need to be licensed as fixed rather than mobile. 79. Status of High Power Licensees that Coordinators Certified under Exception to Freeze. In the NPRM, the Commission requested comment on how it should treat entities licensed for high power operation on 12.5 kHz offset channels that are now specifically designated for low power operation. 241 The Commission further requested comment on how it should handle other incumbents that may be impacted by adoption of the proposals outlined in the NPRM. 242 In the Refarming Second Report and 236 API Comments at 12. 237 47 C. F. R. § 90.267( a)( 7). 238 Id. 239 Stations operating on Group D channels are an exception because Group D will continue to be limited in terms of TPO. See para. 9, supra. 240 See para. 24, supra. 241 NPRM, 16 FCC Rcd at 14961 ¶ 32. 242 Id. 32 Federal Communications Commission FCC 03- 35 33 Order, the Commission stated that prior to the lifting of the licensing freeze in the 450- 470 MHz band (which was to occur only after the establishment of a low power consensus plan), new high power systems would be granted partial relief by allowing them to be licensed on any former 12.5 kHz offset channel not specifically designated for low power use. 243 Such license applications, however, were required to be accompanied by a statement from a frequency coordinator attesting that operation of a new high power system would not have an impact on any currently operating co- channel low power system. 244 Based on a review of our licensing records, it appears that subsequent to adoption of the Refarming Second R& O, the Commission has licensed a number of high power systems on the 12.5 kHz offset channels. It also appears that a vast number of entities that received licenses for high power operations have channels designated in the Consensus Plan for low power operation. 245 80. The majority of commenters were not in favor of allowing such users to remain indefinitely on these channels, citing the potential for interference to low power operations from such high power operations. 246 Both the LMCC and PCIA suggest that such users be granted a maximum of five years to vacate the band, while Toro proposes a maximum of eighteen months. 247 In contrast, ITA asserts that high power incumbents should be indefinitely grandfathered because frequency coordination procedures can protect future low power users from such incumbents. 248 We note that many of the high power incumbents operate in major metropolitan areas where comparable frequencies are not available. Given the vast number of high power incumbents already licensed on these low- power frequencies, we do not believe it would be possible to relocate all of these operations to full power frequencies. Therefore, we are concerned that if we do not grandfather these incumbent operations, many of these licensees may be forced to discontinue operations. Rather than requiring some of these licensees to discontinue existing authorizations, we will grandfather these high power stations. Our decision here is due, in large part, to our belief that future low power users can be protected from these high power operations and the lack of sufficient comparable alternative frequencies for such operations. 81. Frequency Coordination. Most of the low power groups discussed previously will be subject to frequency coordination. 249 Frequency coordination on these frequencies will be imperative to minimizing the potential for harmful interference. For example, full power stations will operate on frequencies adjacent to these low power channels. Therefore, the frequency coordinators will be responsible for limiting interference from adjacent- channel high power stations to low power operations. In addition, we are allowing licensees to operate voice or non- voice low power systems on the same frequencies. We will rely on the frequency coordinators to minimize interference between voice and non- 243 Refarming Second R& O, 12 FCC Rcd at 14343 ¶ 67. 244 Id. 245 See Appendix A to Low Power Public Notice. Our records indicate that the number of high power operations on low power channels is as follows: 854 licensees on Group A1, 219 licensees on Group A2, 47 licensees on Group B, 194 licensees on Group C, 22 licensees on Group D and 14 licensees on the Public Safety Group. Some of the high power licensees on Group A1 are located outside the 50- mile circles of the top 100 urban areas. 246 API Comments at 11; LMCC Comments at 15; PCIA Comments at 7- 8; Toro Reply Comments at 7. 247 LMCC Comments at 15; PCIA Comments at 7- 8; Toro Comments at 8. 248 ITA Comments at 4- 5. 249 See 47 C. F. R. §§ 90. 20( c)( 2), 90. 35( b)( 2) and 90. 175( b). 33 Federal Communications Commission FCC 03- 35 34 voice operations. If we find, however, that frequency coordination alone can not limit the interference between voice and non- voice systems, we will consider setting aside specific channels for voice and non-voice operations. V. CONCLUSION 82. We believe that revising our rules as indicated herein will serve the public interest by accommodating the diverse needs of the PLMR community. Moreover, we believe that these rule changes will promote effective spectrum utilization and spectrum efficiency. VI. PROCEDURAL MATTERS A. Final Regulatory Flexibility Analysis 83. As required by Section 604 of the Regulatory Flexibility Act, 5 U. S. C. § 604, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) of the expected impact on small entities of the rule changes implemented in this document. The FRFA is set forth in Appendix A. B. Paperwork Reduction Act Analysis. 84. The actions taken in this Report and Order have been analyzed with respect to the Paperwork Reduction Act of 1995, Pub. L. No. 104- 13, and found to impose no new or modified recordkeeping requirements or burdens on the public. C. Alternative Formats 85. Alternative formats (computer diskette, large print, audio cassette and Braille) are available from Brian Millin at (202) 418- 7426, TTY (202) 418- 7365, or at bmillin@ fcc. gov. This Report and Order can be downloaded at http:// wireless. fcc. gov/ releases. html. D. Contact for Information 86. For further information, contact Brian Marenco, Electronics Engineer, bmarenco@ fcc. gov, or Genevieve Augustin, Esquire, gaugusti@ fcc. gov, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, (202) 418- 0680. VII. ORDERING CLAUSES 87. Accordingly, IT IS ORDERED that, pursuant to Sections 4( i), 303( f), 303( r), and 332 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 303( f), 303( r) and 332, this Report and Order IS ADOPTED. 88. IT IS FURTHER ORDERED that Part 90 of the Commission's Rules IS AMENDED as specified in Appendix B, effective 30 days after publication in the Federal Register. 34 Federal Communications Commission FCC 03- 35 35 89. IT IS FURTHER ORDERED that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Report and Order including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 35 Federal Communications Commission FCC 03- 35 APPENDIX A Final Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act (RFA) of 1980, 1 as amended, an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the NPRM. 2 The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. This present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. 3 A. Need for, and Objectives of the Final Rules: 2. The rule changes implemented herein are needed in order to facilitate the viability of important low power operations in the 450- 470 MHz band. Previously, low power operators were licensed on channels that were 12.5 kHz removed from regularly assignable channels in this band (“ 12.5 kHz offset channels”). These offset channels, however, were reclassified by the Commission for high power operation. Because of the continuing need for low power channels, we believe that the rule changes contained herein are in the public interest. 3. The Commission’s objective, the implementation of a low power plan that would suit the needs of low power users, was realized in the following manner. The Commission tasked the private land mobile radio (PLMR) frequency coordinators with developing a plan for low power operations, through industry consensus, on what was formerly known as the 450- 470 MHz low power offset channels. 4 On June 4, 1997, the Land Mobile Communications Council (LMCC) filed the requested plan (Consensus Plan). 5 Because the LMCC’s Consensus Plan required changes to the Commission’s Rules, on September 11, 2000, the LMCC submitted a Petition for Rule Making seeking the appropriate amendments. On July 24, 2001, the Commission released a Notice of Proposed Rule Making, proposing amendments to Part 90 of its rules in order to effectuate the changes suggested in the Consensus Plan. The instant Report and Order (R& O) implements many of the proposed changes. Among the major rules adopted are: designation of forty- nine 12.5 kHz 450- 470 MHz Industrial/ Business channel pairs and one unpaired frequency for low power coordinated use, of which 39 channel pairs and one unpaired frequency will be available for full power at least 50 miles outside of the top 100 urban areas; raising of power limits for base/ fixed operations on the Group A channels to 20 watts effective radiated power; designation of ten 12.5 kHz 450- 470 MHz channel pairs for low power non- voice coordinated use nationwide, with voice operations allowed on a secondary basis; designation of twenty- five 12.5 kHz 450- 470 MHz channel pairs for low power non- coordinated use nationwide; conversion of power limits for mobile operations on frequencies in the Public Safety Group and Industrial/ Business Groups A, B and C, to 6 watts effective radiated power; designation of five 12. 5 kHz 450- 470 MHz channel pairs for low power, coordinated use (primarily central station alarm); designation of fourteen 12.5 kHz channels pairs for low power use in the Public Safety Pool; and the grandfathering of high power operations currently licensed on the low power channels. 1 See 5 U. S. C. § 603. The RFA, see 5 U. S. C. § 601- 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104- 121, Title II, 110 Stat. 857 (1996). 2 See NPRM, 16 FCC Rcd at 14961- 2 ¶ 35. 3 See 5 U. S. C. § 604. 4 See R& O para. 4, supra. 5 See generally Consensus Plan. 36 Federal Communications Commission FCC 03- 35 A- 2 B. Legal Basis: 4. Authority for the amendments included herein is contained in Sections 4( i), 303( f), 303( r), and 332 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 4( i), 303( f), 303( r), and 332. C. Description and Estimate of the Number of Small Entities to Which the Final Rules Will Apply: 5. 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 herein. 6 The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” 7 In addition, the term “small business” has the same meaning as “small business concern” under the Small Business Act. 8 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 SBA. 9 6. Governmental Entities. “Small governmental jurisdiction” generally means “governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000.” 10 As of 1992, there were approximately 85,006 such jurisdictions in the United States. 11 This number includes 38,978 counties, cities, and towns; of these, 37,566, or ninety- six percent, have populations of fewer than 50,000. 12 The Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of the 85, 006 governmental entities, we estimate that 81,600 (ninety- one percent) are small entities. Below, we further describe and estimate the number of small entity licensees and regulatees that may be affected by the rule changes adopted herein. 7. Public Safety Radio Services. As a general matter, Public Safety Radio Pool licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. 13 The SBA rules contain a definition for small radiotelephone (wireless) companies, which 6 5 U. S. C. § 604( a)( 3). 7 5 U. S. C. § 601( 6). 8 5 U. S. C. § 601( 3) (incorporating by reference the definition of “small- business concern” in the Small Business Act, 15 U. S. C. § 632). Pursuant to 5 U. S. C. § 601( 3), the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one of more definitions of such term which are appropriate to the activities of the agency and publishes such definition( s) in the Federal Register.” 9 5 U. S. C § 632. 10 5 U. S. C. § 601( 5). 11 U. S. Dep’t of Commerce, Bureau of the Census, 1992 Census of Governments. 12 Id. 13 See subparts A and B of Part 90 of the Commission’s Rules, 47 C. F. R. §§ 90. 1- 90.22. Police licensees include 26,608 licensees that serve state, county, and municipal enforcement through telephony (voice), telegraphy (code), and teletype and facsimile (printed material). Fire licensees include 22,677 licensees comprised of private volunteer or professional fire companies, as well as units under governmental control. Public Safety Radio Pool licensees also include 40, 512 licensees that are state, county, or municipal entities that use radio for official purposes. There are also 7,325 forestry service licensees comprised of licensees from state departments of conservation and private forest organizations that set up communications networks among fire lookout towers and ground crews. The 9,480 state and local governments are highway maintenance licensees that provide emergency 37 Federal Communications Commission FCC 03- 35 A- 3 encompasses business entities engaged in radiotelephone communications employing no more that 1,500 persons. 14 There are a total of approximately 127,540 licensees within these services. 15 With respect to local governments, in particular, since many governmental entities as well as private businesses comprise the licensees for these services, we include under public safety services the number of government entities afflicted. 8. PLMR Licensees. Private land mobile radio 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 definition of small entities specifically applicable to PLMR users, nor has the SBA developed any such definition. The SBA rules do, however, contain a definition for small radiotelephone (wireless) companies. 16 Included in this definition are business entities engaged in radiotelephone communications employing no more that 1,500 persons. 17 According to the Bureau of the Census, only twelve radiotelephone firms of a total of 1,178 such firms which operated during 1992 had 1,500 or more employees. For the purpose of determining whether a licensee is a small business as defined by the SBA, each licensee would need to be evaluated within its own business area. 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. 18 9. Wireless Communications Equipment Manufacturers. We anticipate that manufacturers of wireless radio equipment will be affected by our decisions in this proceeding. According to the SBA’s regulations, radio and television broadcasting and communications equipment manufacturers must have 750 or fewer employees in order to qualify as a small business concern. 19 Census Bureau data indicate that there are 858 U. S. firms that manufacture radio and television broadcasting and communications equipment, and that 778 of these firms have fewer than 750 employees and would therefore be classified as small entities. 20 D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements: 10. No new reporting, recordkeeping, or other compliance requirements would be imposed on applicants or licensees as a result of the rules adopted in this proceeding. (Continued from previous page) and routine communications to aid other public safety services to keep main roads safe for vehicular traffic. Emergency medical licensees (1,460) use these channels for emergency medical service communications related to the delivery of emergency medical treatment. Another 19,478 licensees include medical services, rescue organizations, veterinarians, handicapped persons, disaster relief organizations, school buses, beach patrols, establishments in isolated areas, communications standby facilities, and emergency repair of public communications facilities. 14 See 13 C. F. R. § 121. 201 (NAICS Code 517212, formerly NAICS Code 513322). 15 There is no information currently available about the number within the 127,540 that have less than 1500 employees. 16 See 13 C. F. R. § 121. 201 (NAICS Code 517212, formerly NAICS Code 513322). 17 Id. 18 See Federal Communications Commission, 60th Annual Report, Fiscal Year 1994 at 120- 121. 19 13 C. F. R. § 121.201, (NAICS Code 334220, formerly NAICS Code 334220). 20 U. S. Dept. of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995). 38 Federal Communications Commission FCC 03- 35 A- 4 E. Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered: 11. The RFA requires an agency to describe any significant alternatives that it has considered in developing its approach, which may include the following four alternatives (among others): “( 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 and reporting requirements under the rule for such 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 such small entities. 21 12. Regarding our rule changes increasing the power limits and antenna height for low power users operating on the 49 channel pairs and one unpaired frequency in Group A, although increasing the power and antenna height limits for low power users on these channels could decrease the number of operators possible in a given area, we believe that the need, as demonstrated in the Low Power Plan, for higher power and greater antenna height on these channels outweighs the potential for reduction of the number of licensees. 22 An alternative to this amendment would be to maintain the current power restriction of 2 watts output power and 7 meters antenna height, or impose power limitations less than 20 watts for base stations and 5 watts for mobile/ portable stations and less than 23 meters antenna height above ground level. These alternatives, however, do not address the need, especially in hostile radio environments, for more than 2 watts output power and/ or antenna heights of more than 7 meters. Moreover, since many operators in hostile radio environments are smaller entities, the rules we adopt today are especially beneficial to those entities. 13. In addition, regarding our rule changes which designate 25 channels for low power, itinerant use in Group C, 23 incumbent licensees, some of which may be small entities, could face interference from itinerant users that will not be required to coordinate their operations through a certified frequency coordinator. Despite the possibility of potential interference, the need for itinerant operations in the PLMR services is substantiated enough to justify the risk of some increase in interference. In this connection, we note that small businesses that require itinerant operations, whether new entrants or incumbents, will be eligible for these channels and may benefit from our proposal. 14. Regarding our rule change allowing 5 watts ERP for the fourteen channels in the Public Safety Pool, 24 there will be no significant adverse impact on small entities. An alternative to this change would be to maintain the current limitation of 2 watts output power or to impose a power limitation of less than 5 watts ERP. Neither of these alternatives, however, would be sufficient to promote flexibility for Public Safety Pool licensees that require more than 2 watts output power for their operations. F. Federal Rules that May Duplicate, Overlap, or Conflict with the Final Rules: 15. None. 21 5 U. S. C. § 603( c)( 1)-( c)( 4). 22 See R& O paras. 20- 24, supra. 23 See R& O paras. 55- 59, supra. 24 See R& O paras. 71- 72, supra. 39 Federal Communications Commission FCC 03- 35 A- 5 Report to Congress: The Commission will send a copy of this Report and Order, including this FRFA, in a report to be sent to Congress pursuant to the Congressional Review Act. 25 In addition, the Commission will send a copy of this Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this Report and Order and FRFA (or summaries thereof) will also be published in the Federal Register. 26 25 See 5 U. S. C. § 801( a)( 1)( A). 26 See 5 U. S. C. § 604( b). 40 Federal Communications Commission FCC 03- 35 APPENDIX B FINAL RULES PART 90 – PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Sections 4( i), 11, 303( g), 303( r) and 332( c)( 7) of the Communications Act of 1934, as amended, 47 U. S. C. 154( i), 161, 303( g), 303( r), 332( c)( 7). 2. Section 90.20 is amended by revising the table in paragraph (c)( 3) and adding a new paragraph (d)( 84): § 90.20 Public Safety Pool. * * * * * (c) * * * * * (3) * * * PUBLIC SAFETY POOL FREQUENCY TABLE Frequency or band Class of station( s) Limitations Coordinator * * * * * 453.03125 453.0375 453.04375 * * * * * 453.05625 453.0625 453.06875 * * * * * 453.08125 453.0875 453.09375 * * * * * 453.10625 453.1125 453.11875 * * * * * 453.13125 453.1375 453.14375 * * * * * 453.88125 453.8875 453.89375 * * * * * Base or mobile …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Base or mobile …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Base or mobile …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * 44, 59, 60, 61, 62, 84. 27, 59, 60, 61, 62, 84. 44, 59, 60, 61, 62, 84. * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 59, 60, 61, 62, 84. 27, 59, 60, 61, 62, 84. 44, 59, 60, 61, 62, 84. * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 59, 60, 61, 62, 84. 27, 59, 60, 61, 62, 84. 44, 59, 60, 61, 62, 84. * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * PM PX PM * * * * * PX PX PX * * * * * PM PX PM * * * * * PX PX PX * * * * * PM PX PM * * * * * PX PX PX 41 Federal Communications Commission FCC 03- 35 B- 2 * * * * * 453.90625 453.9125 453.91875 * * * * * 453.93125 453.9375 453.94375 * * * * * 453.95625 453.9625 453.96875 * * * * * 453.98125 453.9875 453.99375 * * * * * 458.03125 458.0375 458.04375 * * * * * 458.05625 458.0625 458.06875 * * * * * 458.08125 458.0875 458.09375 * * * * * 458.10625 458.1125 458.11875 * * * * * 458.13125 458.1375 458.14375 * * * * * 458.88125 458.8875 458.89375 * * * * * * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Mobile……. …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Mobile……. …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Mobile……. …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 59, 61, 62, 84. 27, 59, 61, 62, 84. 44, 59, 61, 62, 84. * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 59, 61, 62, 84. 27, 59, 61, 62, 84. 44, 59, 61, 62, 84. * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 59, 61, 62, 84. 27, 59, 61, 62, 84. 44, 59, 61, 62, 84. * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * * * * * * PX PX PX * * * * * PX PX PX * * * * * PX PX PX * * * * * PX PX PX * * * * * PM PX PM * * * * * PX PX PX * * * * * PM PX PM * * * * * PX PX PX * * * * * PM PX PM * * * * * PX PX PX * * * * * 42 Federal Communications Commission FCC 03- 35 B- 3 458.90625 458.9125 458.91875 * * * * * 458.93125 458.9375 458.94375 * * * * * 458.95625 458.9625 458.96875 * * * * * 458.98125 458.9875 458.99375 * * * * * 460.48125 460.4875 460.49375 * * * * * 460.50625 460.5125 460.51875 * * * * * 460.53125 460.5375 460.54375 * * * * * 460.55625 460.5625 460.56875 * * * * * 465.48125 465.4875 465.49375 * * * * * 465.50625 465.5125 465.51875 * * * * * 465.53125 465.5375 …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * 44, 84……………… 27, 84……………… PX PX PX * * * * * PX PX PX * * * * * PX PX PX * * * * * PX PX PX * * * * * PP PP PP * * * * * PP PP PP * * * * * PP, PF, PM PP, PF, PM PP, PF, PM * * * * * PP, PF, PM PP, PF, PM PP, PF, PM * * * * * PP PP PP * * * * * PP PP PP * * * * * PP, PF, PM PP, PF, PM 43 Federal Communications Commission FCC 03- 35 B- 4 465.54375 * * * * * 465.55625 465.5625 465.56875 * * * * * …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * 44, 84……………… * * * * * 44, 84……………… 27, 84……………… 44, 84……………… * * * * * PP, PF, PM * * * * * PP, PF, PM PP, PF, PM PP, PF, PM * * * * * (d) * * * * * (84) Operation on this frequency is subject to the low power provisions of § 90. 267. This frequency is assigned to the Public Safety Group in the low power pool. * * * * * 3. Section 90.35 is amended by revising the table in paragraph (b)( 3), revising paragraph (c)( 67) and adding new paragraphs (c)( 83), (c)( 84), (c)( 85), (c)( 86) and (c)( 87): § 90.35 Industrial/ Business Pool. * * * * * (b) * * * * * (3) * * * INDUSTRIAL/ BUSINESS POOL FREQUENCY TABLE Frequency or band Class of station( s) Limitations Coordinator * * * * * 451.18125 451.1875 451.19375 * * * * * 451.23125 451.2375 451.24375 * * * * * 451.28125 451.2875 451.29375 * * * * * 451.30625 451.3125 451.31875 * * * * * 451.33125 451.3375 451.34375 * * * * * * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * * * * * 44 Federal Communications Commission FCC 03- 35 B- 5 451.35625 451.3625 451.36875 * * * * * 451.38125 451.3875 451.39375 * * * * * 451.40625 451.4125 451.41875 * * * * * 451.43125 451.4375 451.44375 * * * * * 451.45625 451.4625 451.46875 * * * * * 451.48125 451.4875 451.49375 * * * * * 451.50625 451.5125 451.51875 * * * * * 451.53125 451.5375 451.54375 * * * * * 451.55625 451.5625 451.56875 * * * * * 451.58125 451.5875 451.59375 * * * * * 451.60625 …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 4, 7, 33, 84. 4, 7, 83, 84. 4, 7, 33, 84. * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 4, 7, 33, 84. 45 Federal Communications Commission FCC 03- 35 B- 6 451.6125 451.61875 * * * * * 451.63125 451.6375 451.64375 * * * * * 451.65625 451.6625 451.66875 * * * * * 451.68125 451.6875 451.69375 * * * * * 451.70625 451.7125 451.71875 * * * * * 451.73125 451.7375 451.74375 * * * * * 451.75625 451.7625 451.76875 * * * * * 452.03125 452.0375 452.04375 * * * * * 452.05625 452.0625 452.06875 * * * * * 452.08125 452.0875 452.09375 * * * * * 452.10625 452.1125 452.11875 …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… 4, 7, 83, 84. 4, 7, 33, 84. * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 4, 7, 33, 84. 4, 7, 83, 84. 4, 7, 33, 84. * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 4, 7, 33, 84. 4, 7, 83, 84. 4, 7, 33, 84. * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 4, 7, 33, 84. 4, 7, 83, 84. 4, 7, 33, 84. * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… 46 Federal Communications Commission FCC 03- 35 B- 7 * * * * * 452.13125 452.1375 452.14375 * * * * * 452.15625 452.1625 452.16875 * * * * * 452.18125 452.1875 452.19375 * * * * * 452.28125 452.2875 452.29375 * * * * * 452.30625 452.3125 452.31875 * * * * * 452.40625 452.4125 452.41875 * * * * * 452.48125 452.4875 452.49375 * * * * * 452.50625 452.5125 452.51875 * * * * * 452.53125 452.5375 452.54375 * * * * * 452.63125 452.6375 452.64375 * * * * * * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * LA LA LA * * * * * 47 Federal Communications Commission FCC 03- 35 B- 8 452.65625 452.6625 452.66875 * * * * * 452.68125 452.6875 452.69375 * * * * * 452.70625 452.7125 452.71875 * * * * * 452.75625 452.7625 452.76875 * * * * * 452.78125 452.7875 452.79375 * * * * * 452.80625 452.8125 452.81875 * * * * * 452.83125 452.8375 452.84375 * * * * * 452.85625 452.8625 452.86875 * * * * * 452.88125 452.8875 452.89375 * * * * * 452.98125 452.9875 452.99375 * * * * * 456.18125 456.1875 …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 48 Federal Communications Commission FCC 03- 35 B- 9 456.19375 * * * * * 456.23125 456.2375 456.24375 * * * * * 456.28125 456.2875 456.29375 * * * * * 456.30625 456.3125 456.31875 * * * * * 456.33125 456.3375 456.34375 * * * * * 456.35625 456.3625 456.36875 * * * * * 456.38125 456.3875 456.39375 * * * * * 456.40625 456.4125 456.41875 * * * * * 456.43125 456.4375 456.44375 * * * * * 456.45625 456.4625 456.46875 * * * * * 456.48125 456.4875 456.49375 * * * * * …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 49 Federal Communications Commission FCC 03- 35 B- 10 456.50625 456.5125 456.51875 * * * * * 456.53125 456.5375 456.54375 * * * * * 456.55625 456.5625 456.56875 * * * * * 456.58125 456.5875 456.59375 * * * * * 456.60625 456.6125 456.61875 * * * * * 456.63125 456.6375 456.64375 * * * * * 456.65625 456.6625 456.66875 * * * * * 456.68125 456.6875 456.69375 * * * * * 456.70625 456.7125 456.71875 * * * * * 456.73125 456.7375 456.74375 * * * * * 456.75625 …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 50 Federal Communications Commission FCC 03- 35 B- 11 456.7625 456.76875 * * * * * 457.03125 457.0375 457.04375 * * * * * 457.05625 457.0625 457.06875 * * * * * 457.08125 457.0875 457.09375 * * * * * 457.10625 457.1125 457.11875 * * * * * 457.13125 457.1375 457.14375 * * * * * 457.15625 457.1625 457.16875 * * * * * 457.18125 457.1875 457.19375 * * * * * 457.28125 457.2875 457.29375 * * * * * 457.30625 457.3125 457.31875 * * * * * 457.40625 457.4125 457.41875 …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… 51 Federal Communications Commission FCC 03- 35 B- 12 * * * * * 457.48125 457.4875 457.49375 * * * * * 457.50625 457.5125 457.51875 * * * * * 457.63125 457.6375 457.64375 * * * * * 457.65625 457.6625 457.66875 * * * * * 457.68125 457.6875 457.69375 * * * * * 457.70625 457.7125 457.71875 * * * * * 457.75625 457.7625 457.76875 * * * * * 457.78125 457.7875 457.79375 * * * * * 457.80625 457.8125 457.81875 * * * * * 457.83125 457.8375 457.84375 * * * * * * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 52 Federal Communications Commission FCC 03- 35 B- 13 457.85625 457.8625 457.86875 * * * * * 457.88125 457.8875 457.89375 * * * * * 457.98125 457.9875 457.99375 * * * * * 460.90625 460.9125 460.91875 * * * * * 460.93125 460.9375 460.94375 * * * * * 460.95625 460.9625 460.96875 * * * * * 460.98125 460.9875 460.99375 * * * * * 461.00625 461.0125 461.01875 * * * * * 461.03125 461.0375 461.04375 461.050 461.05625 461.0625 461.06875 461.075 461.08125 461.0875 461.09375 461.100 …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 63, 65, 87. 63, 65, 83, 87. 33, 63, 65, 87. * * * * * 33, 63, 65, 87. 63, 65, 83, 87. 33, 63, 65, 87. * * * * * 33, 63, 65, 87. 63, 65, 83, 87. 33, 63, 65, 87. * * * * * 33, 65, 66, 87. 65, 66, 83, 87. 33, 65, 66, 87. * * * * * 33, 65, 66, 87. 65, 66, 83, 87. 33, 65, 66, 87. * * * * * 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 53 Federal Communications Commission FCC 03- 35 B- 14 461.10625. 461.1125 461.11875 461.125 461.13125 461.1375 461.14375 461.150 461.15625 461.1625 461.16875 461.175 461.18125 461.1875 461.19375 461.200 461.20625 461.2125 461.21875 461.225 461.23125 461.2375 461.24375 461.250 461.25625 461.2625 461.26875 461.275 461.28125 461.2875 461.29375 461.300 461.30625 461.3125 461.31875 461.325 461.33125 461.3375 461.34375 461.350 461.35625 461.3625 461.36875 461.375 * * * * * 462.18125 462.1875 462.19375 * * * * * 462.20625 Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile Mobile……. …. do……… …. do……… Base or mobile * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 33, 86……………… 62………………….. * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 85…………… 54 Federal Communications Commission FCC 03- 35 B- 15 462.2125 462.21875 * * * * * 462.23152 462.2375 462.24375 * * * * * 462.25625 462.2625 462.26875 * * * * * 462.28125 462.2875 462.29375 * * * * * 462.30625 462.3125 462.31875 * * * * * 462.33125 462.3375 462.34375 * * * * * 462.35625 462.3625 462.36875 * * * * * 462.38125 462.3875 462.39375 * * * * * 462.40625 462.4125 462.41875 * * * * * 462.43125 462.4375 462.44375 * * * * * 462.45625 462.4625 462.46875 …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… 55 Federal Communications Commission FCC 03- 35 B- 16 * * * * * 462.48125 462.4875 462.49375 * * * * * 462.50625 462.5125 462.51875 * * * * * 462.7625 * * * * * 462.7875 * * * * * 462.8125 * * * * * 462.8375 * * * * * 462.8625 * * * * * 462.8875 * * * * * 462.9125 * * * * * 462.9375 * * * * * 464.48125 464.4875 464.500 464.5125 464.51875 464.525 464.53125 464.5375 464.550 464.5625 464.56875 * * * * * 464.9875 * * * * * * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. * * * * * Mobile……. …. do……… Base or mobile Mobile……. …. do……… Base or mobile Mobile……. …. do……… Base or mobile Mobile……. …. do……… * * * * * Mobile……. * * * * * * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 88…..………………. * * * * * 33, 86……………… 83, 86……………… 10, 34……………… 83, 86……………… 33, 86……………… 62………………….. 33, 86……………… 83, 86……………… 10, 34……………… 83, 86……………… 33, 86……………… * * * * * ..………………….. * * * * * 56 Federal Communications Commission FCC 03- 35 B- 17 465.0125 * * * * * 465.90625 465.9125 465.91875 * * * * * 465.93125 465.9375 465.94375 * * * * * 465.95625 465.9625 465.96875 * * * * * 465.98125 465.9875 465.99375 * * * * * 466.00625 466.0125 466.01875 * * * * * 466.03125 466.0375 466.04375 * * * * * 466.05625 466.0625 466.06875 * * * * * 466.08125 466.0875 466.09375 * * * * * 466.10625. 466.1125 466.11875 * * * * * 466.13125 466.1375 466.14375 * * * * * Mobile……. * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * 88………………….. * * * * * 33, 63, 87…………. 63, 83, 87…………. 33, 63, 87…………. * * * * * 33, 63, 87…………. 63, 83, 87…………. 33, 63, 87…………. * * * * * 33, 63, 87…………. 63, 83, 87…………. 33, 63, 87…………. * * * * * 33, 66, 87…………. 66, 83, 87…………. 33, 66, 87…………. * * * * * 33, 66, 87…………. 66, 69, 83, 87. 33, 66, 87…………. * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 57 Federal Communications Commission FCC 03- 35 B- 18 466.15625 466.1625 466.16875 * * * * * 466.18125 466.1875 466.19375 * * * * * 466.20625 466.2125 466.21875 * * * * * 466.23125 466.2375 466.24375 * * * * * 466.25625 466.2625 466.26875 * * * * * 466.28125 466.2875 466.29375 * * * * * 466.30625 466.3125 466.31875 * * * * * 466.33125 466.3375 466.34375 * * * * * 466.35625 466.3625 466.36875 * * * * * 467.18125 467.1875 467.19375 * * * * * 467.20625 …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… 33, 86……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 85…………… 58 Federal Communications Commission FCC 03- 35 B- 19 467.2125 467.21875 * * * * * 467.23152 467.2375 467.24375 * * * * * 467.25625 467.2625 467.26875 * * * * * 467.28125 467.2875 467.29375 * * * * * 467.30625 467.3125 467.31875 * * * * * 467.33125 467.3375 467.34375 * * * * * 467.35625 467.3625 467.36875 * * * * * 467.38125 467.3875 467.39375 * * * * * 467.40625 467.4125 467.41875 * * * * * 467.43125 467.4375 467.44375 * * * * * 467.45625 467.4625 467.46875 …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 85…………… 83, 85…………… 33, 85…………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… 59 Federal Communications Commission FCC 03- 35 B- 20 * * * * * 467.48125 467.4875 467.49375 * * * * * 467.50625 467.5125 467.51875 * * * * * 467.8625 * * * * * 467.8875 * * * * * 467.9125 * * * * * 467.9375 * * * * * 469.48125 469.4875 * * * * * 469.5125 469.51875 * * * * * 469.53125 469.5375 * * * * * 469.5625 469.56875 * * * * * * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… …. do……… …. do……… * * * * * …. do……… * * * * * …. do……… * * * * * …. do……… * * * * * …. do……… * * * * * …. do……… …. do……… * * * * * …. do……… …. do……… * * * * * …. do……… …. do……… * * * * * …. do……… …. do……… * * * * * * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 33, 84……………… 83, 84……………… 33, 84……………… * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 67, 86………………. * * * * * 88…..………………. * * * * * 33, 86……………… 83, 86……………… * * * * * 83, 86……………… 33, 86……………… * * * * * 33, 86……………… 83, 86……………… * * * * * 83, 86……………… 33, 86……………… * * * * * (c) * * * * * (67) Medical telemetry operations are authorized on this frequency on a secondary basis. Medical telemetry operations are subject to the provisions of § 90.267( h)( 2). Itinerant operations on this frequency will be prohibited until the end of the freeze on the filing of high power applications for 12.5 kHz offset channels in the 460- 470 MHz band. * * * * * (83) Telemetry operations on this frequency will be authorized pursuant to §90.267. 60 Federal Communications Commission FCC 03- 35 B- 21 (84) Operation on this frequency is subject to the low power provisions of § 90. 267. This frequency is assigned to Group A in the low power pool. (85) Operation on this frequency is subject to the low power provisions of § 90. 267. This frequency is assigned to Group B in the low power pool. (86) Operation on this frequency is subject to the low power provisions of § 90. 267. This frequency is assigned to Group C in the low power pool. (87) Operation on this frequency is subject to the low power provisions of § 90. 267. This frequency is assigned to Group D in the low power pool. (88) Use of this frequency is on a secondary basis limited to 2 watts output power and subject to the provisions of § 90.267( h)( 1), (h)( 2), (h)( 3) and (h)( 4). * * * * * 4. Section 90.238 is amended by revising paragraphs (g) and (i) to read as follows: §90.238 Telemetry operations. * * * * * (g) 450- 470 MHz band (as available for secondary fixed operations in accordance with § 90.261 and for low power operations in accordance with § 90.267). * * * * * (i) For Industrial/ Business frequencies which are not governed by paragraphs (a) through (h), on frequencies available for operations up to 2 watts. * * * * * 5. Section 90.261 is amended by revising paragraph (f) to read as follows: §90.261 Assignment and use of the frequencies in the band 450- 470 MHz for fixed operation. * * * * * (f) Secondary fixed operations pursuant to paragraph (a) of this section will not be authorized on the following frequencies or on frequencies subject to § 90. 267: * * * * * 6. Section 90.267 is amended to read as follows: § 90.267 Assignment and use of frequencies in the 450- 470 MHz band for low power use. (a) The following frequencies between 450- 470 MHz are designated for low- power use subject to the provisions of this section. For purposes of this section these frequencies are referred to as “low power frequencies.” Pairs are shown but single frequencies are available for simplex operations. 61 Federal Communications Commission FCC 03- 35 B- 22 (b) Group A1 Frequencies. The Industrial/ Business Pool frequencies in Group A1 are available on a coordinated basis, pursuant to §90.35( b)( 2) and § 90.175( b), as follows: (1) Group A1 frequencies are available for voice and non- voice operations on a co- primary basis. Base, mobile and operational fixed stations will be authorized on Group A1 frequencies. Fixed stations may be licensed as mobile. (2) Within 80 kilometers (50 miles) of the specified coordinates of the top 100 urban areas listed in § 90.741 of this chapter (“ 80 km circles”) only low power operation will be authorized. The coordinates of an operational fixed or base station and the geographic center (latitude and longitude) of a mobile area of operation determine whether a station is within an “80 km circle.” (i) The maximum ERP for low power operation on Group A1 frequencies is as follows: Operation Low side of frequency pair High side of frequency pair Operational Fixed or Base 20 watts 6 watts Mobile 6 watts 6 watts Portable 2 watts 2 watts (ii) The maximum antenna height for low power fixed stations on Group A1 frequencies will be 23 meters (75 feet) above ground. (3) Outside the “80 km circles” defined in paragraph (b)( 2), full- power operational fixed, base, or mobile stations will be authorized as follows: (i) power and antenna height limits are governed by § 90.205 of this chapter; (ii) for any operational fixed, base or mobile station exceeding the low power or antenna height limits listed in paragraph (b)( 2), the 21 dBu F( 50,10) contour may not overlap any portion of an “80 km circle;” and, (iii) wide area operations will not be permitted. The area of normal day- to- day operations will be described in the application in terms of maximum distance from a geographic center (latitude and longitude). (4) The Industrial/ Business Pool Group A1 Low Power Frequencies are as follows: 451/ 456.18125 451/ 456.1875 451/ 456.19375 451/ 456.28125 451/ 456.2875 451/ 456.29375 451/ 456.30625 451/ 456.3125 451/ 456.31875 451/ 456.35625 451/ 456.3625 451/ 456.58125 451/ 456.5875 451/ 456.59375 451/ 456.60625 451/ 456.6125 451/ 456.61875 451/ 456.65625 451/ 456.6625 451/ 456.66875 451/ 456.68125 451/ 456.6875 452/ 457.10625 452/ 457.1125 452/ 457.11875 452/ 457.13125 452/ 457.1375 452/ 457.14375 452/ 457.15625 452/ 457.1625 452/ 457.16875 452/ 457.18125 452/ 457.1875 452/ 457.70625 452/ 457.7125 452/ 457.71875 452/ 457.78125 452/ 457.7875 452/ 457.79375 452/ 457.80625 452/ 457.8125 452/ 457.81875 452/ 457.83125 452/ 457.8375 62 Federal Communications Commission FCC 03- 35 B- 23 451/ 456.36875 451/ 456.38125 451/ 456.3875 451/ 456.39375 451/ 456.40625 451/ 456.4125 451/ 456.41875 451/ 456.45625 451/ 456.4625 451/ 456.46875 451/ 456.48125 451/ 456.4875 451/ 456.49375 451/ 456.50625 451/ 456.5125 451/ 456.51875 451/ 456.55625 451/ 456.5625 451/ 456.56875 451/ 456.69375 451/ 456.70625 451/ 456.7125 451/ 456.71875 451/ 456.73125 451/ 456.7375 451/ 456.74375 451/ 456.75625 451/ 456.7625 451/ 456.76875 452/ 457.03125 452/ 457.0375 452/ 457.04375 452/ 457.05625 452/ 457.0625 452/ 457.06875 452/ 457.08125 452/ 457.0875 452/ 457.09375 452/ 457.19375 452/ 457.28125 452/ 457.2875 452/ 457.29375 452/ 457.48125 452/ 457.4875 452/ 457.49375 452.53125 (unpaired) 452.5375 (unpaired) 452.54375 (unpaired) 452/ 457.63125 452/ 457.6375 452/ 457.64375 452/ 457.65625 452/ 457.6625 452/ 457.66875 452/ 457.68125 452/ 457.6875 452/ 457.69375 452/ 457.84375 452/ 457.88125 452/ 457.8875 452/ 457.89375 452/ 457.98125 452/ 457.9875 452/ 457.99375 462/ 467.18125 462/ 467.1875 462/ 467.19375 462/ 467.45625 462/ 467.4625 462/ 467.46875 462/ 467.48125 462/ 467.4875 462/ 467.49375 462/ 467.50625 462/ 467.5125 462/ 467.51875 (c) Group A2 Frequencies. The Industrial/ Business Pool frequencies in Group A2 are available nationwide on a coordinated basis, pursuant § 90. 35( b)( 2) and §90. 175( b) as follows: (1) Group A2 frequencies are available for voice and non- voice operations on a co- primary basis. Base, mobile or operational fixed stations will be authorized on Group A2 frequencies. Fixed stations may be licensed as mobile. (2) Low power operation will be authorized nationwide on Group A2 frequencies. (i) The maximum ERP for low power operation on these frequencies is as follows: Operation Low side of frequency pair High side of frequency pair Operational Fixed or Base 20 watts 6 watts Mobile 6 watts 6 watts Portable 2 watts 2 watts (ii) The maximum antenna height for low power fixed stations will be 23 meters (75 feet) above ground. (3) The Industrial/ Business Pool Group A2 Low Power Frequencies are as follows: 451/ 456.23125 451/ 456.2375 451/ 456.24375 451/ 456.33125 451/ 456.3375 451/ 456.34375 451/ 456.53125 451/ 456.5375 451/ 456.54375 451/ 456.63125 451/ 456.6375 451/ 456.64375 452/ 457.40625 452/ 457.4125 452/ 457.41875 452/ 457.50625 452/ 457.5125 452/ 457.51875 452/ 457.85625 452/ 457.8625 452/ 457.86875 63 Federal Communications Commission FCC 03- 35 B- 24 451/ 456.43125 451/ 456.4375 451/ 456.44375 452/ 457.30625 452/ 457.3125 452/ 457.31875 452/ 457.75625 452/ 457.7625 452/ 457.76875 (d) Group B Frequencies. The Industrial/ Business Pool frequencies in Group B are available nationwide on a coordinated basis, pursuant to § 90.35( b)( 2) and §90.175( b) as follows: (1) Group B frequencies are available for non- voice operations on a primary basis. Voice operations will be permitted on a secondary basis. Base, mobile or operational fixed stations will be authorized on Group B frequencies. Fixed stations may be licensed as mobile. (2) Operation on these frequencies is limited to 6 watts ERP for base, mobile or operational fixed stations and 2 watts ERP for portable units. A maximum antenna height of 23 meters (75 feet) above ground is authorized for fixed stations. (3) The Industrial/ Business Pool Group B Frequencies are as follows: 462/ 467.20625 462/ 467.2125 462/ 467.21875 462/ 467.23152 462/ 467.2375 462/ 467.24375 462/ 467.25625 462/ 467.2625 462/ 467.26875 462/ 467.28125 462/ 467.2875 462/ 467.29375 462/ 467.30625 462/ 467.3125 462/ 467.31875 462/ 467.33125 462/ 467.3375 462/ 467.34375 462/ 467.35625 462/ 467.3625 462/ 467.36875 462/ 467.38125 462/ 467.3875 462/ 467.39375 462/ 467.40625 462/ 467.4125 462/ 467.41875 462/ 467.43125 462/ 467.4375 462/ 467.44375 (e) Group C Frequencies. The Industrial/ Business Pool frequencies in Group C are available nationwide for non- coordinated itinerant use as follows. (1) Group C frequencies are available for voice and non- voice operations on a co- primary basis. Only mobile operations will be authorized on Group C frequencies. Stations may operate at fixed locations for a temporary period of time. No stations operating at a permanent fixed location will be authorized on Group C frequencies. (2) Operation on these frequencies is limited to 6 watts effective radiated power for fixed or mobile units and 2 watts ERP for portable units. Stations operating at fixed locations for a temporary period of time will be limited to an antenna height of 7 meters (20 feet) above ground. (3) The frequencies in Group C that are subject to the provisions of §90.35( b)( 67) will not be available for itinerant use until the end of the freeze on the filing of high power applications for 12.5 kHz offset channels in the 460- 470 MHz band. (4) The Industrial/ Business Pool Group C Low Power Frequencies are as follows: 461/ 466.03125 461/ 466.0375 461/ 466.04375 461/ 466.05625 461/ 466.0625 461/ 466.06875 461/ 466.08125 461/ 466.15625 461/ 466.1625 461/ 466.16875 461/ 466.18125 461/ 466.1875 461/ 466.19375 461/ 466.20625 461/ 466.28125 461/ 466.2875 461/ 466.29375 461/ 466.30625 461/ 466.3125 461/ 466.31875 461/ 466.33125 462.8375 (unpaired) 462/ 467.8625 462/ 467.8875 462/ 467.9125 464/ 469.48125 464/ 469.4875 464/ 469.5125 64 Federal Communications Commission FCC 03- 35 B- 25 461/ 466.0875 461/ 466.09375 461/ 466.10625. 461/ 466.1125 461/ 466.11875 461/ 466.13125 461/ 466.1375 461/ 466.14375 461/ 466.2125 461/ 466.21875 461/ 466.23125 461/ 466.2375 461/ 466.24375 461/ 466.25625 461/ 466.2625 461/ 466.26875 461/ 466.3375 461/ 466.34375 461/ 466.35625 461/ 466.3625 461/ 466.36875 462.7625 (unpaired) 462.7875 (unpaired) 462.8125 (unpaired) 464/ 469.51875 464/ 469.53125 464/ 469.5375 464/ 469.5625 464/ 469.56875 (f) Group D Frequencies. The Industrial/ Business Pool frequencies in Group D are available for central station alarm operations on a coordinated basis, pursuant to § 90.35( b)( 2) and §90. 175( b). (1) Base, mobile or operational fixed stations will be authorized on Group D frequencies. Fixed stations may be licensed as mobile. (2) Group D frequencies subject to § 90.35( c)( 63) are limited to central station alarm use within the urban areas described in § 90.35( c)( 63). Outside the urban areas described in § 90.35( c)( 63), Group D frequencies subject to § 90.35( c)( 63) are available for general Industrial/ Business use on a coordinated basis, pursuant to § 90.35( b)( 2) and §90. 175( b). (3) Group D frequencies subject to § 90.35( c)( 66) are limited to central station alarm use nationwide. (4) Operation on Group D frequencies is limited to 2 watts output power for mobile, base or operational fixed stations. Fixed stations used for central station alarm operations may utilize antennas mounted not more than 7 meters (20 feet) above a man- made supporting structure, including antenna structure. (5) The Industrial/ Business Pool Group D Low Power Frequencies are as follows: 460/ 465.90625 460/ 465.9125 460/ 466.91875 460/ 465.93125 460/ 465.9375 460/ 465.94375 460/ 465.95625 460/ 465.9625 460/ 465.96875 460/ 465.98125 460/ 465.9875 460/ 465.99375 461/ 466.00625 461/ 466.0125 461/ 466.01875 (g) Low Power Public Safety Frequencies. The frequencies in the Public Safety Pool Low Power Group are available nationwide on a coordinated basis, pursuant to § 90.20( c)( 2) and § 90. 175( b). (1) Base, mobile or operational fixed stations will be authorized on Public Safety Low Power frequencies. Fixed stations may be licensed as mobile. (2) Operation on these frequencies is limited to 6 watts effective radiated power for base, mobile or operational fixed stations and 2 watts ERP for portable units. A maximum antenna height of 7 meters (20 feet) above ground is authorized for fixed stations. (3) The Public Safety Pool Low Power Frequencies are as follows: 65 Federal Communications Commission FCC 03- 35 B- 26 453/ 458.03125 453/ 458.0375 453/ 458.04375 453/ 458.05625 453/ 458.0625 453/ 458.06875 453/ 458.08125 453/ 458.0875 453/ 458.09375 453/ 458.10625 453/ 458.1125 453/ 458.11875 453/ 458.13125 453/ 458.1375 453/ 458.14375 453/ 458.88125 453/ 458.8875 453/ 458.89375 453/ 458.90625 453/ 458.9125 453/ 458.91875 453/ 458.93125 453/ 458.9375 453/ 458.94375 453/ 458.95625 453/ 458.9625 453/ 458.96875 453/ 458.98125 453/ 458.9875 453/ 458.99375 460/ 465.48125 460/ 465.4875 460/ 465.49375 460/ 465.50625 460/ 465.5125 460/ 465.51875 460/ 465.53125 460/ 465.5375 460/ 465.54375 460/ 465.55625 460/ 465.5625 460/ 465.56875 (h) Unless otherwise noted, the following conditions apply to all low power frequencies: (1) Except for itinerant operations on Group C, wide area operations will not be authorized. The area of normal day- to- day operations will be described in the application in terms of maximum distance from a geographic center (latitude and longitude). (2) A hospital or health care institution holding a license to operate a radio station under this part may operate a medical radio telemetry device with an output power not to exceed 20 milliwatts without specific authorization from the Commission. All licensees operating under this authority must comply with the requirements and limitations set forth in this section. (3) No limit shall be placed on the length or height above ground level of any commercially manufactured radiating transmission line when the transmission line is terminated in a non- radiating load and is routed at least 7 meters (20 feet) interior to the edge of any structure or is routed below ground level. (4) Sea- based stations may utilize antennas mounted not more than 7 meters (20 feet) above a man- made supporting structure, including antenna structures. (5) Continuous carrier operations are prohibited on these frequencies. (6) Unless specified elsewhere in this part, licensees as of August 5, 1999, licensed for operations with an emission designator wider than 11.25 kHz on low power frequencies that are subject to an authorized bandwidth of 11. 25 kHz, may obtain primary status with respect to co- channel licensees by supplying their coordinates to the Commission. These licensees will continue to operate on a secondary basis with respect to adjacent channel licensees. Additionally, these licensees may continue to operate with an authorized bandwidth wider than 11.25 kHz on such low power frequencies, subject to the provisions of § 90.209( b) of this chapter. (7) Unless specified elsewhere in this part, licensees as of August 5, 1999, licensed for operations with an emission designator wider than 11. 25 kHz on frequencies that are subject to an authorized bandwidth of 11.25 kHz, which are not low power frequencies, may obtain primary status with respect to co- channel licensees by modifying their license to low power frequencies, supplying their coordinates to the Commission, and otherwise complying with the conditions of paragraphs (b) through (g) of this section. These licensees will continue to operate on a secondary basis with respect to adjacent channel licensees. Additionally, these licensees may continue to operate with an authorized bandwidth wider than 11.25 kHz on such low power frequencies, subject to the provisions of § 90. 209( b) of this chapter. 66 Federal Communications Commission FCC 03- 35 B- 27 (8) Applicants proposing to operate with an authorized bandwidth wider than 11. 25 kHz, on low power frequencies that are subject to an authorized bandwidth of 11.25 kHz, may be licensed on a secondary, non- interference basis. Such applicants are subject to the conditions of paragraphs (b) through (g) of this section and the provisions of § 90.209( b) of this chapter. 67 Federal Communications Commission FCC 03- 35 APPENDIX C LIST OF COMMENTERS Comments AES Corporation Allina Health Systems American Mobile Telecommunications Association, Inc. American Petroleum Institute American Water Works Association Association of American Railroads Central Station Alarm Association Cook County Hospital Dataradio COR, Ltd. Enalasys Corporation Hexagram, Inc. The Industrial Telecommunications Association, Inc. The Land Mobile Communications Council Motorola Pacific Crest Corporation Personal Communications Industry Association Philips Medical Systems Spacelabs Medical, Inc. The Toro Company United Telecom Council Trimble Navigation Limited Reply Comments American Hospital Association Task Force on Medical Telemetry American Petroleum Institute Central Station Alarm Association Dataradio Enalasys Corporation Hexagram, Inc. Land Mobile Communications Council Pacific Crest Corporation Philips Medical The Toro Company Trimble Navigation Limited United Telecom Council Ex Parte Hexagram, Inc. 68