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"5@^.=K\\!==\h.=.3\\\\\\\\\\33hhhRzzpf=Gpfzfpp=3=V\=R\R\R=\\33\3\\\\=G3\\\\RX%Xc.====IK=\\RRRRRzzRpRpRpRpR=3=3=3=3\\\\\\\\\\R\\\\\f\\RRzRzRzRpRpRpR\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=R\\\\\39\7\7==RR\==\\=R=7t=ddddhdo.Iih3[\\xdCpi_w[dfdmoPpP~j_d~~tqo.=K\\!==\h.=.3\\\\\\\\\\33hhhRzzpf=Gpfzfpp=3=V\=R\R\R=\\33\3\\\\=G3\\\\RX%Xc=\R\\=f===RR@\=G=.=\\\\%\=3\h=\Id77=iS.=79\Rzpppp====hf\RRRRRRzRRRRR3333\\\\\\\d\\\\\\\2B@'9@g<Z?"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fRfR=\f3=f3f\ffRG=f\\\RH(H`.====IK=\f\\\\\RzRzRzRzRG3G3G3G3f\\\\ffff\\f\\\\pf\\\RRRzRzRzR\\\\ffIfGfG=Gf\fz3zKff\RRfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=7t=ddddido.Iii3[\\xdCpi_w[dfdmoPpP~j_d~~tqo.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fRfR=\f3=f3f\ffRG=f\\\RH(H`=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Id77=ic.=7<\\zzzzGGGGipf\\\\\\RRRRR3333\f\\\\\d\ffff\f"5@^2Boddȧ8BBdr2B28ddddddddddBBrrrdzNdzoȐB8BtdBdoYoYBdo8Bo8odooYNBodddYO,Oh2BB!BBPRBdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNBNodo8RoodȐYYoNoNNF2ldBddddddd<d<BBoodBBddBoBddzzzzzzzzzzBBBBozdddddddYYYYY8888dddddddndddddYd"5@^(1<N;WBCBGI5I5SE\>WB_R\RLVJI]]]]]]]]]]]]]]]]]]]]]]]]]]]]]]](1<Washington, D.C. 20554 ă  S-In the Matter of  hhCq)  Sh-` `  hhCq) WT Docket. No. 97153  S5-Amendments to Part 90 of the hhCq)  RM8584  S-Commission's Rules ConcerninghhCq)  RM8623  S-Private Land Mobile Radio Services hhCq) RM8680  S -` `  hhCq) RM8734  S -   NOTICE OF PROPOSED RULE MAKING  Sj-   S-X` hp x (#%'0*,.8135@8:Forest Industries Telecommunications ("FIT"), and the Personal Communications Industry Association ("PCIA"). Reply Comments were filed by CICS.   Xt-  !x4. FIT and PCIA oppose the CICS Petition, stating that it is premature because the 150 x174 MHz band is subject to proposed rechannelization in the Refarming proceeding, and that  xno action should be taken regarding the two frequencies until a decision is reached in that  X - xproceeding. ^ " {O - xxԍ Comments of FIT at 2 and PCIA at 2. See Replacement of Part 90 by Part 88 to Revise the Private Land  {O - xMobile Radio Services and Modify the Policies Governing Them, Notice of Proposed Rule Making, PR Docket No.  {Or -92235, 7 FCC Rcd 8105 (1992) ("Refarming proceeding"). FIT also argues that grant of the CICS Petition would adversely affect quality  xcontrol of hundreds of thousands of land mobile applications filed every year with the  xLCommission. FIT maintains that frequency coordinators now check applications for these two  x]frequencies for accuracy, and if coordination were not required, applicants could submit  X - xinaccurate applications to the Commission.A  H yOx-ԍ Comments of FIT at 24.A FIT further argues that because these frequencies  xare used for remote signaling in forestry logging operations, elimination of frequency coordination  X9 - xcould adversely affect the safety of loggers.; 9  {O-ԍ Id. at 46.; PCIA opposes the elimination of frequency  xicoordination for these frequencies on the basis that: (1) coordination reduces the incidence of co xychannel interference in the Business Radio Service; (2) the licensing process is faster and more  xefficient because the coordinator corrects application errors before the application is sent to the  xCommission; and (3) the applicant can begin operation immediately after receiving frequency  X-coordination, rather than having to wait until the Commission grants the application.B j  yO-ԍ Comments of PCIA at 13.B  XD-  x5. Discussion. We note, as an initial matter, that the frequencies which are the subject  X#- xof the CICS Petition, (i.e., 154.570 MHz and 154.600 MHz) are commonly called "color dot"  X- x!frequencies in the private land mobile community.  yO- xԍ Manufacturers have arbitrarily established the designation "Blue dot" for 154.570 MHz and "Green dot" for 154.600 MHz. Manufacturers generally use these  X- xfrequencies in low power, lowcost, entrylevel, handheld radios. In the Refarming Proceeding,  X- xour decision in the Report and Order reduced channel bandwidth and spacing for frequencies in  X- xthe 150174 MHz band./R  yO$- xYԍ Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the Policies  {Oh%-Governing Them, Report and Order, PR Docket No. 92235, 10 FCC Rcd 10076 (1995) (Refarming R & O)./ However, 154.570 MHz and 154.600 MHz were made exempt from the narrower bandwidth requirement because we agreed with the comments that indicated that "W,l(l(,,"Ԍ xthere should be entrylevel, economical, handheld radio equipment made available to licensees  X-who have no need for more sophisticated and expensive narrowband radios.= {OV-ԍ Id. at 10123.=  X-  x6. All licenses for 154.570 MHz and 154.600 MHz are granted for mobile operations and  xdo not contain station coordinates. We believe, therefore, that frequency coordination for these  xfrequencies no longer serves a regulatory purpose, particularly given that the coordinator does  xnot know the precise location of the user. We also agree with CICS that frequency coordination  X - xdoes not serve its main purpose here, i.e., providing protection from interference, as PCIA  X- x0suggests, when stations using the frequencies are mobile stations.GZ yO -ԍ Reply Statement of CICS at 4.G FIT maintains that  xcoordination of these frequencies is necessary in the logging industry. We note, however, that  xuse of these frequencies is currently on a secondary basis in the Forest Products Radio Service  x(FPRS). Secondary operations may receive and must accept interference from stations that have  xprimary status. While FIT currently coordinates these frequencies in the FPRS, it has no control  X; - xover their use by primary users in the Business Radio Service.;  {O- xԍ When effective, the Consolidation Order  will make 154.570 MHz and 154.600 MHz available to all eligibles in the Industrial/Business Pool for use on an equal basis. We conclude that coordination  xis not necessary for 154.570 MHz and 154.600 MHz and that removal of the frequency  x>coordination requirement for these frequencies is consistent with the Commission's goal to  X -remove unnecessary regulations. D yO- xԍ For example, in May 1996, the Commission revised its procedures for registering antenna structures. Rather  x<than each station applicant having to file antenna structure clearance information, only the tower owner will be  xrequired to register with the Commission. This will result in the number of entities in the "clearance" process from  {O- x900,000 licensees to 75,000 owners. See Wireless Telecommunications Bureau Fact Sheet, Antenna Structure  {O-Registration, PR 5000, Number 15, dated May 1996.  X-  Ox7. In the Refarming R & O, three additional 150 MHz frequencies were created in the  Xk- xBusiness Radio Service for low power use.$k  yO- xZԍ The frequencies are 151.820 MHz, 151.880 MHz, and 151.940 MHz. These three frequencies are limited  {O- xto a channel bandwidth of 12.5 kHz and a power output of one watt. See Refarming R&O, 10 FCC Rcd at 10123.  {O- x When effective, the Consolidation Order will make these frequencies available for use by all eligibles in the Industrial /Business Pool. Because these frequencies will be used in a manner  xysimilar to 154.570 MHz and 154.600 MHz, we see no merit in imposing a frequency coordination  xrequirement upon applicants for these frequencies. We propose, therefore, to exempt the  x>frequencies 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 MHz, and 151.940 MHz from  xthe requirements for frequency coordination. We believe this action will further the public  xinterest because it will reduce the regulatory burdens and eliminate coordination costs for applicants for these Business Radio Service frequencies. We seek comment on this proposal.  X0- "0,l(l(,,2"Ԍ X-RM8734 Safety Alerting Signals at 24 GHz  X-  {x8. Background. On October 24, 1995, the Radio Association Defending Airwave Rights  xL("RADAR") filed a petition for rule making ("RADAR Petition") requesting amendment of Part  x{90 of our rules to permit the use and operation of a Radar Traffic Safety Warning System  x(Warning System). RADAR, a nonprofit association which represents manufacturers,  x.distributors, and users of radar and laser detectors, requests that the Commission permit 24.10  X - x{GHz, a frequency in the 24.0524.25 GHz band,bX  yO- xԍ The 24.0524.25 GHz band is allocated to the Radiolocation Service, 47 C.F.R.  90.103, is shared with, and  xis secondary to, the Government Radiolocation Service. The RADAR Petition has been coordinated with the Government through the Interdepartment Radio Advisory Committee.b to be used for the transmission of safety  X- xalerting signals to be received by a motorist's radar detector.> yO -ԍ RADAR Petition at 5.> The RADAR Petition was placed  x>on Public Notice, Report No. 2116 (December 13, 1995). Comments on the RADAR Petition  xZwere filed by RADAR, Applied Concepts, Inc. ("Applied"), Sanyo Technica USA, Inc. ("Sanyo"),  xGeorgia Tech Research Institute ("Georgia Tech"), Uniden America Corporation ("Uniden"), and  xWhistler Corporation ("Whistler"). Reply comments were filed by RADAR and Cobra  xLElectronics Corporation ("Cobra"). The comments unanimously support the RADAR Petition.  xLAlthough supporting the RADAR Petition, Cobra and Applied expressed some concern about  xpotential interference and suggested that further investigations be made before any action is taken  xby the Commission. In reply to this concern, RADAR submitted Supplementary Comments that  xincluded a technical analysis and testing results indicating that such interference is not a problem.  x?Also, in a letter to Chairman Reed E. Hundt, dated January 11, 1996, Senator Judd Gregg expressed his support for the RADAR Petition.  X#-  x9. Under our current rules, frequencies in the 24.0524.25 GHz band may be used only  xfor the purpose of determining direction, distance, speed, or position for purposes other than  X- xLnavigation.[x {O-ԍ See 47 C.F.R.  90.101, and 90.103. [ Because this frequency currently may not be used for the purpose that RADAR  x[requests, the RADAR Petition asks that 47 C.F.R.  90.103(c)(22) be amended to permit the use  xof 24.10 GHz for the transmission of a signal (NON emission) to activate a motorist's radar  xZdetector along with an ancillary FM signal necessary for the Warning System to alert the motorist  xto various hazardous driving situations. The RADAR Petition also requests rule changes to permit licensees in the Local Government, Police, Fire, Highway Maintenance, and Forestry  xConservation Radio Services to use such transmitters on a secondary basis and without additional  X-authorization from the Commission.  {O"-ԍ When effective, the Consolidation Order places all these radio services in a single Public Safety Pool.  X-  x 10. There has been much interest shown over the years in radio systems that alert  xmotorists to the presence of hazardous conditions or of a nearby emergency vehicle on a  xdispatched assignment. Currently, pursuant to 47 C.F.R.  90.242, local governments may use  x<fixed Travelers' Information Station transmitters, operating in the AM broadcast band, to transmit"9,l(l(,,;"  xmessages of interest to motorists. Additionally, 47 C.F.R.  95.418 permits Citizens Band radios  xLto be used to transmit communications concerning highway conditions to assist travelers. As  xRADAR envisions the Warning System, local government authorities would install specifically  x.designed transmitters operating on 24.10 GHz near highway construction areas, bridges under  x<repair, flooded areas, railroad crossings, and other potentially hazardous areas. Transmitters also  XQ- xcould be installed in emergency vehicles (e.g., ambulances, police and fire vehicles, etc.). These  x[transmitters would send a signal that would both activate a motorist's radar detector and alert  xthe motorist to various specific hazardous driving conditions and the nearby presence of an  X-emergency vehicle.@ yOc -ԍ RADAR Petition at 45.@  X-  x 11. Discussion. We agree with RADAR that allowing operation of a Warning System  xat 24.10 GHz would benefit the public interest by increasing traffic safety for both motorists and  xdrivers of emergency vehicles. It would provide Public Safety licensees with increased flexibility  xand would provide local governments with another means of alerting motorists to hazardous  xdriving conditions. Additionally, because we believe that this concept would benefit licensees  x=in other radio services that also use ambulances and other emergency vehicles, we propose to  xexpand the eligibility for use of 24.10 GHz to licensees in the Emergency Medical and Special  xEmergency Radio Services for this specific purpose. Therefore, we propose to amend our rules  xto permit licensees in the Local Government, Police, Fire, Highway Maintenance, Forestry Xk- x{Conservation, Emergency Medical, and Special Emergency Radio ServiceskX {Ot-ԍ When effective, the Consolidation Order places all these radio services in a single Public Safety Pool. to use, on a  xsecondary basis and without additional authorization from the Commission, 24.10 GHz to  X%-transmit safety alerting signals."% yO- xԍ This type of authorization would be the same as now provided to public safety entities for use of traffic radar  {O-guns. See 47 C.F.R.  90.17(e)(4), 90.19(g)(6), 90.21(e)(4), 90.23(e)(3), and 90.25(e)(3)."  X-  ?x 12. Over time, we have also received numerous informal inquiries concerning the use of  xRadiolocation Service frequencies in public safety emergency vehicles to control traffic lights to  xfacilitate a "clear route" for a vehicle on an emergency run or to activate a flashing (strobe) light  xlocated on the traffic signal to warn motorists of the presence of an emergency vehicle in the  x|vicinity of the traffic signal. Similarly, these systems could not be implemented using  xRadiolocation Service frequencies because of rule limitations. Because we believe that such  xktraffic light control systems would be beneficial to both motorists and drivers of emergency  xjvehicles, we also propose to permit, on a secondary basis and without additional authorization  xfrom the Commission, the use of Radiolocation Service frequencies in the 24.2024.25 GHz  x[portion of the 24.0524.25 GHz band by licensees in the Public Safety, Emergency Medical, and  X- xSpecial Emergency Radio ServicesD {Ov$-ԍ When effective, the Consolidation Order places all these radio services in a single Public Safety Pool. for traffic signal control purposes. We request specific  xxcomment on these proposals, as well as comments on other potential uses that would increase the  xflexibility of Radiolocation Service frequencies, and any amendments to our current technical rules that would be required in order to facilitate such uses. ",l(l(,, "Ԍ X-ԙ RM8584 800 and 900 MHz Loading, Reporting, and Construction Requirements  X-Background  Xv-  x 13. On December 20, 1994, the Alliance of Private 800/900 MHz Licensees ("APEL")  xfiled a petition ("APEL Petition") requesting amendments to 47 C.F.R. Part 90, Subpart S. The  x[APEL Petition seeks relaxation of the mobile loading, reporting, and construction requirements  X - x=currently applicable to private (nonSMR) systems operating in the 800 and 900 MHz bands.  yO-ԍ The requested rule changes are to 47 C.F.R.  90.631, 90.633, 90.651, and 90.658.  xMembership of APEL consists of representatives from a number of Fortune 500 companies and  xother prominent corporations including: Airborne Express, All American Pipeline Company, Bell  xCommunications Research, BellSouth Telecommunications, The Boeing Company, Exxon  x/Communications Services Company, Ford Communications, Inc., KerrMcGee Corporation,  X^ - xLPacific Bell, and Phillips Petroleum Company. The APEL Petition was placed on Public Notice,  xReport No. 2054 (January 24, 1995). Comments on the APEL Petition were filed by the E.F.  xJohnson Company ("E.F. Johnson"), the Personal Communications Industry Association ("PCIA"),  xthe Association of PublicSafety Communications OfficialsInternational, Inc. ("APCO"), and  xEDS Corporation ("EDS"). Most comments express support for the APEL Petition. E.F. Johnson  xKstates that the rule changes proposed by APEL would support the Commission's recent efforts to  X- xstreamline and improve consistency of the PLMR Services rules.IX yO-ԍ Comments of E. F. Johnson at 3.I PCIA agrees with APEL that  Xi- xthe mobile loading rule should apply equally to all 800 and 900 MHz systems.@i yO-ԍ Comments of PCIA at 2.@ EDS states that  x<each of APEL's proposals would grant private, internaluse licensees additional flexibility without  X#-compromising the Commission's regulatory goals.? #x yOL-ԍ Comments of EDS at 3.? APCO expresses limited opposition,  xarguing that a relaxation of loading standards would lead to further speculation and hoarding of  X-scarce radio frequencies.@! yO-ԍ Comments of APCO at 2.@  V-Discussion  XQ-  x 14. Mobile loading requirements. APEL states that prior to 1988, the rationale for  xCommissionmandated loading requirements was to ensure that 800 and 900 MHz channels were  X - xfully utilized. APEL contends that subsequent Commission actions modifying mobile loading  xin the 800 and 900 MHz bands makes the rationale for a loading requirement no longer  X- xapplicable.A" yO%-ԍ APEL Petition at 34. A Specifically, APEL cites the Commission's action in 1988 phasing out the use of"( ",l(l(,,"  X- xmobile loading standards as a device for recovering channels that were not fully loaded.# {Oy- xZԍ See Amendment of Part 90, Subparts M and S, of the Commission's Rules, PR Docket No. 86404, Report  {OC-and Order, 3 FCC Rcd 1838, 18456 (1988) (M&S Docket).  APEL states that this proceeding exempted all 800 and 900 MHz systems licensed  xafter June 1, 1993, from mobile loading requirements. APEL further cites the Commission's  xaction in 1994 that exempted all SMR systems licensed before June 1, 1993, from similar  Xt- xrequirements.$t$ {OI- xԍ See Implementation of Sections 3(n) and 332 of the Communications Act, GEN Docket No. 93252, Third  {O -Report and Order, 9 FCC Rcd 8082 (1994). The Commission stated that although loading served a significant regulatory  xjpurpose during the initial development of the SMR industry by preventing the warehousing of  x spectrum, future SMR licensing will largely be based upon auction of channel blocks. The  xCommission also ruled that where SMRs continue to be licensed on a channelbychannel basis,  xklicensees will be required to complete construction and commence service before additional channels can be sought.  X -  lx15. APEL states that after the abovementioned Commission actions, the mobile loading  xrules now apply only to industrial, business, public safety, and land transportation systems that  xlwere licensed before June 1, 1993, and that are still within their initial license term. APEL  xasserts that it is now appropriate to cease applying loading requirements to nonSMR systems that  X -were licensed prior to June 1, 1993.C%  yO$-ԍ APEL Petition at 4.C  X-  x16. We disagree. Section 90.631(b) of our rules, 47 C.F.R. 90.631(b), states that non x[SMR trunked system licensees initially authorized before June 1, 1993, and that are within their  xoriginal license term, are subject to the loading requirements provided in Section 90.631(a) of our  xrules. However, pursuant to Section 90.631(b) of our rules, after the expiration of their fiveyear  x^license term, upon license renewal, these licensees would be exempt from the loading  X- xrequirements.&$ {O- x.ԍ In the M&S Docket, we stated that we are phasing out the channel recovery program based on loading  xstandards and will rely on marketplace transactions to reallocate underutilized channels. We also provided a  xtransition period until June 1, 1998, to allow for business planning and to avoid any shock to the marketplace that  {O-an abrupt change might produce. See M&S Docket, 3 FCC Rcd 1846 (1988).  Relatively few systems would be affected by APEL's suggested rule change and  xjonly a short period of time would separate the effective date of this change and the elimination  xof loading requirements under current rules. While we agree that the rationale for the loading  xrequirements is no longer applicable, circumstances make its elimination impractical at this point.  x<We decline to propose any rule changes concerning the elimination of mobile loading for 800 and 900 MHz nonSMR systems.  X,-  X -  x17. Reporting requirements. Section 90.651(b) of our rules requires each licensee of a  xtrunked, nonSMR system licensed at 800 and 900 MHz to file an annual report regarding the  xnumber of mobile units served on its system. A similar report is due when a licensee files an" &,l(l(,,"  X- xZapplication to renew the station license.E' yOy-ԍ 47 C.F.R.  90.651(b). E APEL contends that if the mobile loading requirements  x<are phased out, these reports would not serve a valid purpose, and requests that the Commission  xeliminate the reporting requirement. Because we are not amending the soontoexpire loading  xrequirement, we are retaining the associated reporting requirement. We believe that this  xreporting requirement places an insignificant burden on a licensee. Further, as with the loading requirement, the reporting requirement will be terminated on June 1, 1998.  X.-  X -  x18. Construction periods. APEL also requests that we conform the construction periods  X- xZfor all trunked and conventional systems.o(XX yO - xԍ APEL Petition at 6. Section 90.631(e) of our rules requires that a trunked system be constructed within  xtwelve months, and Section 90.633(c) requires that a conventional system be placed in operation within eight months of the license grant. 47 C.F.R.  90.631(e) and 90.633(c).o APEL states that changes in the regulatory treatment  xof conventional systems from private systems to Commercial Mobile Radio Service systems has  x0reduced the need to require prompt build out of systems that will be devoted to internal  xcommunications. APEL also claims that its requested change will reduce the number of requests  xthe Commission receives for extension of the construction period, and will simplify regulatory  X; - xNrequirements for conventional and trunked system licensees.?); x {Od-ԍ Id. at 7.? The construction period  xrequirements of eight months for conventional systems and twelve months for trunked systems  X - xwere codified in Docket No. 18262.*\  {O- xxԍ See An Inquiry Relative to the Future Use of the Frequency Band 806960 MHz; and Amendment of Parts  x2, 18, 21, 73, 74, 89, 91, and 93 of the Rules Relative to Operations in the Land Mobile Services between 806 and  {OB-960 MHz, Docket 18262, Second Report and Order, 46 FCC 2d 795 (1974).  To foster consistency in our rules, as well as to reduce the  xburden on both the Commission and licensees, we tentatively conclude that there is merit in  xconforming the construction period requirements for all 800 and 900 MHz systems. We note that  xSection 90.167(a) currently specifies that SMR systems conventional and trunked are  Xi- xLpermitted a 12month period to commence service.C+i.  yOH-ԍ 47 C.F.R.  90.167(a).C We propose, therefore, to amend Section  x90.633 of our rules to allow a oneyear construction period for all 800 and 900 MHz conventional systems. We seek comment on our tentative conclusion and proposal.  X-  X- RM8680 Licensing of Radio Service Technicians  Xt-  x19. Background. On March 25, 1994, the Industrial Telecommunications Association,  xyInc. ("ITA") and CICS jointly filed a Petition for Rule Making ("ITA/CICS Petition") requesting  X0- xthat we amend: (1) our Part 13 Commercial Radio Operators rules<,0  yO%-ԍ 47 C.F.R. Part 13.< to establish a new class of  xlicense designated as the PLMR Services Radio Maintainers License; and (2) our Part 90 PLMR"  N ,,l(l(,,1"  X- xServices rules<- yOy-ԍ 47 C.F.R. Part 90.< to require persons installing and servicing land mobile radio facilities to have  X- xsuch a license.A.X yO-ԍ ITA/CICS Petition at 1.A ITA is an association with a membership of 8,600 licensed private land mobile  xradio users and thirteen trade associations. ITA is also a Commissioncertified frequency  X- x coordinator. CICS is an association representing private land mobile radio eligibles.O/ {O0-ԍ See  2 supra. O The  xyITA/CICS Petition was placed on Public Notice, Report No. 2090 (August 11, 1995). Comments  xLwere filed by Lockard and White, Inc., R.W. Brown Electronics, Inc., and Dennis C. Brown and  X.- xRobert H. Schwaninger, Jr. Written ex parte Reply Comments were filed by the Region20 Legislative/Regulatory Affairs Committee.  X-  x20. ITA and CICS contend that since the Commission eliminated the requirement that  X- xjland mobile technicians be licensed, 0z {O- xԍ  See Requirement for Licensed Operators in Various Radio Services, Gen. Docket No. 83222, Report and  {O-Order, 96 FCC 2d 1123 (1984) (Licensed Operators R&O).  the number of unlicensed transmitters operating on land  xmobile frequencies has significantly increased. ITA and CICS argue that this increase is a result  xof the increasing failure of installation and repair personnel to inform users of land mobile radios  X; - xthat they are required to obtain a station license from the Commission.E1;  yO-ԍ ITA/CICS Petition at 34. E ITA and CICS also  xMcontend that if the Commission makes licensing mandatory for all individuals who install or  x/service land mobile radio equipment, those individuals will have a license to "protect" and,  X -therefore, will have a strong incentive to apprise customers of our licensing requirements.;2 f  {O-ԍ Id. at iii.;  X-  Ox21. Discussion. As stated in the ITA/CICS Petition,93  {O5-ԍ Id. at 3.9 the Commission eliminated the  xlicensing requirement for individuals installing and maintaining Part 90 land mobile radio stations  x{for three reasons: (1) to conserve the limited funding available for the license application  x[procedures including the license examination program; (2) to eliminate the requirement that the  xZCommission update the examinations periodically to reflect technological advancements; and that  x(3) privately implemented industry technician certification programs could accomplish the same  X-goals as a Commission licensing requirement.i4  {O"-ԍ See Licensed Operators R&O, 96 FCC 2d at 11391143.i  Xv-    x22. We do not agree that there is a direct relationship between an individual having or  xnot having a Commissionissued operators license and the amount of unlicensed station operation  x-in the PLMR Services. In this connection, we reiterate that the responsibility for compliance with  xour licensing requirements and our rules lies with the person or entity using the radio channels,"  4,l(l(,,m"  X- xnot the technician that installed an unlicensed station.G5 {Oy-ԍ See 47 U.S.C.  301.G We conclude that the amendments  x{requested by the ITA/CICS Petition would have minimal, if any, impact on the number of  xunlicensed stations transmitting on land mobile channels. Also, as stated above, the primary  x[reasons for the elimination of the technician licensing program as given in Gen. Docket No. 83 xi222 have not changed. We, therefore, decline to propose specific rules for reinstating an operator licensing requirement.  X- Shared Use of the 216217 MHz Band  X-  x23. Under Section 90.259 of our rules 216220 MHz is available to eligibles in seven  X - xPLMR services for telemetry communications on a secondary, noninterference basis.06& Z yO - xԍ Use of the 216220 MHz band is currently permitted in the Power, Petroleum, Forest Products, Special  {OR- xhIndustrial, Business, Manufacturers, and Telephone Maintenance Radio Services. When effective, the Consolidation  {O- xzOrder makes frequencies in this band available to all eligibles in the Industrial/Business Pool. Operation is  {O-secondary to Federal Government and maritime mobile use. See 47 C.F.R.  90.259.0 Station  xtechnical parameters for operating in this band are reviewed and specified by the Commission  x[for each license granted. To date, the typical uses of telemetry communications have included  x=geological sensing, oil and gas pipeline data collection, and performance testing of vehicles in various climates.  X-  "x24. In WT Docket No. 9556 we created a new Low Power Radio Service (LPRS) that  x[operates in the 216217 MHz band on a secondary, noninterference basis, and is limited to the  xfollowing types of communications: auditory assistance, health care assistance, law enforcement  x!tracking, and Automated Maritime Telecommunications System (AMTS) pointtopoint  X!- x[communications.:7\!H {O- xԍ See Amendment of the Commission's Rules Concerning Low Power Radio and Automated Maritime  {O- xTelecommunications System Operations in the 216217 MHz Band, WT Docket No. 9556, Report and Order, 11 FCC Rcd 18517 (1996). : In creating the LPRS, we anticipated that a majority of these devices would  x-be used in metropolitan areas in schools, hospitals, and public gathering places, by students and by persons with disabilities and illnesses.  X-  {x25. Currently LPRS and telemetry communications can flourish in the 216217 MHz band  x=on a secondary, noninterference basis, because the transmitters are generally used in distinct  xgeographic areas. Additionally, LPRS transmitters may be capable of switching to a different  X,- xfrequency in case another transmitter is nearby.=8,l  {OI#-ԍ Id, at 19531.= Telemetry transmitters are currently used for  xgeological sensing and oil and gas pipeline data collection in remote locations while telemetry  xtransmitters used in the performance testing of vehicles operate for brief periods in widely  xvarying areas. While there are relatively few licensees presently using this band for telemetry  x\services (in fact, most services are provided in remote locations), we note that the nature of  xLtelemetry communications needs could change over time with telemetry and LPRS transmitters"} 8,l(l(,,y"  xyoperating in close proximity. Because our LPRS rules specify and limit the types of permissible  xcommunications, we do not anticipate a change in the locations or frequency of use of LPRS  X- xtransmitters in the near future.A9 yO3-ԍ 47 C.F.R.  95.1009.A For example, auditory assistance and health care LPRS devices  xmay be used at schools and hospitals, while law enforcement tracking LPRS devices operate  xinfrequently for only a brief period. In contrast, given that "telemetry" is broadly defined under  xPart 90 of our Rules, we recognize that the locations and frequency of transmissions could change  X.- xmarkedly if the needs for telemetry communications should broaden or increase.D:X.X yO7 - xJԍ Under Part 90 of our Rules, "telemetry" is defined as "[t]he transmission of nonvoice signals for the purpose  yO - xof automatically indicating or recording measurements at a distance from the measuring instrument." 47 C.F.R.  90.7.D For example,  xan increased use of the 216217 MHz band for telemetry communications near schools or  xhospitals could result in harmful interference to auditory assistance devices and radiobased health  xcare devices. Therefore, we seek responses to the following questions to enable us to more  xaccurately identify the potential for future congestion, to initiate a dialogue with the  x-manufacturers and users of these types of devices, and to promote efficient and effective shared use of the 216217 MHz band by LPRS and telemetry transmitters.  X - ` x(a)` ` Our licensing database provides us only with general information, such as the name  xof a telemetry licensee, the geographic location of a telemetry station, and the radio service in  xjwhich the telemetry licensee is eligible under Part 90. We seek more specific information about  xthe current and future uses of telemetry devices under Part 90 in the 216217 MHz band. Are  xthe types of uses we have described above in paragraph 23 the most common uses of telemetry?  x\Are there others? Are new uses of telemetry expected in the near future which would likely  xplace telemetry transmitters near schools, hospitals, or other areas where LPRS devices are most  xlikely to be used? Is telemetry more suited for certain types of geographic regions than others?  xWhat is the typical length of a telemetry transmission, and how often do these transmissions  xtypically occur? Are telemetry devices generally designed to operate on multiple channels or are they preset to a specific frequency?  Xr- ` nx(b)` ` What effect, if any, would telemetry and LPRS devices have on one another when located in close proximity?  X - ` Ax(c)` ` What measures, if any, should we consider in order to ensure the effective use of the 216217 MHz band on a shared basis for both telemetry and LPRS devices?  X}-w III. CONCLUSION ă  X7-  nx26. In view of the foregoing, we propose: (1) to delete the frequency coordination  xrequirement for five low power frequencies in the 150174 MHz band; (2) to permit the use of  x=Radiolocation Service frequencies in the 24.0524.25 GHz band for highway safety alerting and  xjtraffic signal control purposes; and (3) to amend Part 90 of our rules to extend the construction  x=period requirement for nonSMR, 800 and 900 MHz systems from eight to twelve months. The"! x:,l(l(,,"" proposed rule changes as described in Appendix B are intended to reduce the regulatory burden  xfor noncommercial private land mobile licensees and increase flexibility in the private land mobile radio services.  X.-P IV. PROCEDURAL MATTERS  X -x  X-  Ex Parte Rules NonRestricted Proceeding  X-  x27. This is a nonrestricted notice and comment rule making proceeding. Ex parte  X - xpresentations are permitted, except during the Sunshine Agenda period, provided they are  X^ - xdisclosed as provided in the Commission's Rules. See generally 47 C.F.R.  1.1202, 1.1203, and 1.1206(a).  X - Regulatory Flexibility Act  X-x28. An Initial Regulatory Flexibility Analysis is contained in Appendix A.  Xk-  ?x29. The Secretary shall send a copy of this Notice of Proposed Rule Making, including  xthe Initial Regulatory Flexibility Analysis to the Chief Counsel for Advocacy of the Small  x.Business Administration in accordance with Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C.  603(a).  V-  X- Comment Dates  Xx-  2x30. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the  xCommission's Rules, 47 C.F.R.  1.415 and 1.419, interested parties may file comments on or  X2- xbefore October 3, 1997 , and reply comments on or before October 17, 1997 . To file formally  xin this proceeding, you must file an original and five copies of all comments and reply comments.  xTo file informally, you must file an original and one copy of your comments, provided only that  xthe Docket Number is specified in the heading. You should send comments and reply comments  x>to: Office of the Secretary, Federal Communications Commission, Washington, D. C. 20554.  xComments and reply comments will be available for public inspection during regular business  xzhours in the FCC Reference Center (Room 239) of the Federal Communications Commission, 1919 M Street N.W., Washington, D.C. 20554.  X -  lV. ORDERING CLAUSE ă  X"-  x31. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 303(b), and 303(r) of  xthe Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(b) and 303(r), notice is  x=hereby given of proposed amendments to Part 90 of the Commission's Rules, 47 C.F.R. Part 90,  X%%- xin accordance with the proposals, discussions, and statement of issues in this Notice of Proposed  X&- xRule Making. Rule making petitions RM8584, RM8623, RM8680, and RM8734 ARE GRANTED to the extent indicated herein, and ARE DENIED in all other respects. "& :,l(l(,,'"Ԍ X- Ù  X-Further Information  Xt-  1x32. For further information, contact Gene Thomson, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, (202) 4180680. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam F. Caton x` `  hhActing Secretary Attachment: Appendices A and B. "D:,l(l(,,"  X- ) APPENDIX A ă  X-  Initial Regulatory Flexibility Analysis ă   x1. As required by Section 603 of the Regulatory Flexibility Act (RFA), the Commission  xhas prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small  X.- xZentities of the policies and rules proposed in the Notice of Proposed Rulemaking. Written public  xLcomments are requested on the IRFA. Comments must be identified as responses to the IRFA  X- xand must be filed by the deadlines for comments on the Notice of Proposed Rulemaking provided above in paragraph 30.  X - I. Need for and Objectives of the Proposed Rules:   x2. To reduce regulatory requirements, the Commission proposes to: (1) amend Part 90  xof its rules to revise the construction period requirements currently applicable to nonSpecialized  xMobile Radio, 800 and 900 MHz land mobile radio systems; (2) delete the frequency  xcoordination requirement before a station can be licensed for mobile operation on five low power  xfrequencies in the 150174 MHz band; and (3) permit the use of frequencies in the Radiolocation  xService 24.0524.25 GHz band for the transmission of alerting signals to warn motorists of  xhazardous driving conditions and to permit emergency vehicles remote control of traffic signals.  xCertain proposals allow licensees more time to construct their systems, and other changes  X%- xpromote more flexible use of land mobile spectrum. We believe these changes will encourage  xgrowth of land mobile systems and enhance telecommunications offerings for consumers, producers and new entrants.  X- II. Legal Basis :  XS-  \x3. Authority for issuance of this Notice of Proposed Rule Making is contained in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and 303(r).  X- x! III. Description and Estimate of the Number of Small Entities to Which the Proposed Rule  X-Will Apply:  X-    FRFA_C x4. The proposed rules apply to all businesses and local government entities that operate  x-radio systems for their own internal use in the PLMR services. PLMR systems serve an essential  xrole in a vast range of industrial, business, land transportation, and public safety activities. These  xLradios are used by companies of all sizes operating in all U.S. business categories. Because of  xthe vast array of PLMR users, the Commission has not developed nor would it be possible to  xydevelop a definition of small entities specifically applicable to PLMR users. For the purpose of  xdetermining whether a licensee is a small business as defined by the Small Business Administration (SBA), each licensee would need to be evaluated within its own business area.   x5. We seek comment on the number of small businesses which could be impacted by the  xproposed rules. We note that the Commission's 1994 Annual Report indicates that at the end of  xyfiscal year 1994 there were approximately 292,000 stations and 5.4 million transmitters operating"%%:,l(l(,,%"  X- xin the 800 and 900 MHz and 24 GHz bands.; {Oy-ԍxSee Federal Communications Commission, 60th Annual Report, Fiscal Year 1994 at 120121. Further, because any entity engaged in a business  xjactivity is eligible to hold a PLMR license, these proposed rules could potentially impact every small business in the U.S.   x6. The RFA also includes small governmental entities as a part of the regulatory  XQ- xflexibility analysis.<QZ {O\-  {ԍxSee 5 U.S.C.  601(5) (including cities, counties, towns, townships, villages, school districts, or special districts). The definition of a small governmental entity is one with a population of  X.- xless than 50,000.:=. {O -ԍxId.: There are 85,006 governmental entities in the nation.>.F yO% -ԍx1992 Census of Governments, U.S. Bureau of the Census, U.S. Department of Commerce. This number includes  xsuch entities as states, counties, cities, utility districts, and school districts. There are no figures  xavailable on what portion of this number has populations of fewer than 50,000. However, this  xnumber includes 38,978 counties, cities, and towns, and of those, 37,566, or 96 percent, have  X- xpopulations of fewer than 50,000.:? {O)-ԍxId.: The Census Bureau estimates that this ratio is approximately  xaccurate for all governmental entities. Thus, of the 85,006 governmental entities, we estimate that 96 percent, or 81,600 are small entities that may be affected by our rules.  X - x[ IV. Description of Projected Reporting, Recordkeeping and Other Compliance  X -Requirements:   x7. The proposal to extend the construction period from 8 to 12 months for 800 and 900  xMHz nonSpecialized Mobile Radio licensees will ease the regulatory burden on these licensees.  xThe proposal to delete frequency coordination for certain frequencies in the 150174 MHz band  xwill eliminate the frequency coordination fees that applicants were required to pay before  xreceiving a license from the Commission. No new requirements would be imposed as a result  xZof the actions proposed in this rule making proceeding. Thus, costs to prospective applicants for preparation and filing of license applications would be eliminated.  X- xG" V. Significant Alternatives to Proposed Rule Which Minimize Significant Economic Impact on Small Entities and Accomplish Stated Objectives:  XO-   x8. An alternative to our proposed rule to extend the construction period from 8 months  xto 12 months for 800 and 900 MHz nonSMR licensees would be to permit a longer than 12  x{month construction period for small entities. We request comments on whether a longer  x construction period is necessary for small entities or whether the current waiver process is sufficient.  X}-  # q "Zh ?,l(l(,,Z"Ԍ X- # q VI. Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rule:  X-x 9. None. "?,l(l(,,"  X- ) APPENDIX B ă   xPart 90 of Chapter 1 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows:  XQ- PART 90 PRIVATE LAND MOBILE RADIO SERVICES x1. The authority citation for Part 90 continues to read as follows:  X-  x xAuthority citation: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as amended: 47  X-U.S.C. 154, 303, and 332, unless otherwise noted. x2. Section 90.17 is amended by revising paragraph (e)(4) to read as follows:  X -x  90.17 Local Government Radio Service.  X - 6* * * * * x(e) * * *   x(4) A licensee of a radio station in this service may operate radio units for the purpose  xof determining distance, direction, speed, or position by means of a radiolocation device on any  xlfrequency available for radiolocation purposes without additional authorization from the  xCommission, provided type accepted equipment or equipment authorized pursuant to   x/90.203(b)(4) and (b)(5) is used, and all other rule provisions are satisfied. A licensee in this  xservice may also operate, subject to all of the foregoing conditions and on a secondary basis,  xradio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10  xGHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the  xypurpose of alerting motorists to hazardous driving conditions or the presence of an emergency  xvehicle. Unattended and continuous operation of such transmitters will be permitted.  xAdditionally, licensees may utilize type accepted equipment operating in the 24.2024.25 GHz  xportion of the 24.0524.25 GHz band for traffic light control purposes without additional authorization and on a secondary basis. x3. Section 90.19 is amended by revising paragraph (g)(6) to read as follows:  X-x  90.19 Police Radio Service.  X- 6* * * * * x(g) * * *   x(6) A licensee of a radio station in this service may operate radio units for the purpose  xof determining distance, direction, speed, or position by means of a radiolocation device on any  xlfrequency available for radiolocation purposes without additional authorization from the  xCommission, provided type accepted equipment or equipment authorized pursuant to "&?,l(l(,,'"  x/90.203(b)(4) and (b)(5) is used, and all other rule provisions are satisfied. A licensee in this  xservice may also operate, subject to all of the foregoing conditions and on a secondary basis,  xradio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10  xGHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the  xypurpose of alerting motorists to hazardous driving conditions or the presence of an emergency  xvehicle. Unattended and continuous operation of such transmitters will be permitted.  xAdditionally, licensees may utilize type accepted equipment operating in the 24.2024.25 GHz  xportion of the 24.0524.25 GHz band for traffic light control purposes without additional authorization and on a secondary basis. x4. Section 90.21 is amended by revising paragraph (e)(4) to read as follows:  X\ -x  90.21 Fire Radio Service.  X9 - 6* * * * * x(e) * * *   x(4) A licensee of a radio station in this service may operate radio units for the purpose  xof determining distance, direction, speed, or position by means of a radiolocation device on any  xlfrequency available for radiolocation purposes without additional authorization from the  xCommission, provided type accepted equipment or equipment authorized pursuant to   x/90.203(b)(4) and (b)(5) is used, and all other rule provisions are satisfied. A licensee in this  xservice may also operate, subject to all of the foregoing conditions and on a secondary basis,  xradio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10  xGHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the  xypurpose of alerting motorists to hazardous driving conditions or the presence of an emergency  xvehicle. Unattended and continuous operation of such transmitters will be permitted.  xAdditionally, licensees may utilize type accepted equipment operating in the 24.2024.25 GHz  xportion of the 24.0524.25 GHz band for traffic light control purposes without additional authorization and on a secondary basis. x5. Section 90.23 is amended by revising paragraph (e)(3) to read as follows:  XZ-x  90.23 Highway Maintenance Radio Service.  X- 6* * * * * x(e) * * *   x(3) A licensee of a radio station in this service may operate radio units for the purpose  xof determining distance, direction, speed, or position by means of a radiolocation device on any  xlfrequency available for radiolocation purposes without additional authorization from the  xCommission, provided type accepted equipment or equipment authorized pursuant to   x/90.203(b)(4) and (b)(5) is used, and all other rule provisions are satisfied. A licensee in this  xservice may also operate, subject to all of the foregoing conditions and on a secondary basis,"&?,l(l(,,'"  xradio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10  xGHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the  xypurpose of alerting motorists to hazardous driving conditions or the presence of an emergency  xvehicle. Unattended and continuous operation of such transmitters will be permitted.  xAdditionally, licensees may utilize type accepted equipment operating in the 24.2024.25 GHz  xportion of the 24.0524.25 GHz band for traffic light control purposes without additional authorization and on a secondary basis. x x6. Section 90.25 is amended by revising paragraph (e)(3) to read as follows:  X-x  90.25 ForestryConservation Radio Service.  X - 6* * * * * x(e) * * *   x(3) A licensee of a radio station in this service may operate radio units for the purpose  xof determining distance, direction, speed, or position by means of a radiolocation device on any  xlfrequency available for radiolocation purposes without additional authorization from the  xCommission, provided type accepted equipment or equipment authorized pursuant to   x/90.203(b)(4) and (b)(5) is used, and all other rule provisions are satisfied. A licensee in this  xservice may also operate, subject to all of the foregoing conditions and on a secondary basis,  xradio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10  xGHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the  xypurpose of alerting motorists to hazardous driving conditions or the presence of an emergency  xvehicle. Unattended and continuous operation of such transmitters will be permitted.  xAdditionally, licensees may utilize type accepted equipment operating in the 24.2024.25 GHz  xportion of the 24.0524.25 GHz band for traffic light control purposes without additional authorization and on a secondary basis. x7. Section 90.27 is amended by adding paragraph (d) to read as follows:  X-x  90.27 Emergency Medical Radio Service. 6* * * * *  X-  x(d) Additional frequencies available. A licensee of a radio station in this service may  xoperate a radio unit in an emergency vehicle without additional authorization from the  xCommission and on a secondary basis, that transmits on the frequency 24.10 GHz both an  xunmodulated continuous wave radio signal and a modulated FM digital signal for the purpose of  xMalerting motorists to the presence of the emergency vehicle. Continuous operation of such  xtransmitters will be permitted. Additionally, licensees may utilize equipment operating in the  x24.2024.25 GHz portion of the 24.0524.25 GHz band for traffic light control purposes without  xadditional authorization and on a secondary basis. The licensee must utilize type accepted  x[equipment or equipment authorized pursuant to  90.203(b)(4) and (b)(5), and satisfy all other rule provisions."&?,l(l(,,'"Ԍx8. Section 90.53 is amended by revising paragraph (c)(2) to read as follows:  X-x  90.53 Frequencies available. 6* * * * * x(c) * * * x   ]x(2) A licensee of a radio station in this service may operate a radio unit in an emergency  xvehicle without additional authorization from the Commission and on a secondary basis, that  x.transmits on the frequency 24.10 GHz both an unmodulated continuous wave radio signal and  xa modulated FM digital signal for the purpose of alerting motorists to the presence of the  xyemergency vehicle. Continuous operation of such transmitters will be permitted. Additionally,  xlicensees may utilize equipment operating in the 24.2024.25 GHz portion of the 24.0524.25  xGHz band for traffic light control purposes without additional authorization and on a secondary  x-basis. The licensee must utilize type accepted equipment or equipment authorized pursuant to  90.203(b)(4) and (b)(5), and satisfy all other rule provisions. x9. Section 90.103 is amended by revising paragraph (c)(22) to read as follows:  Xg-x  90.103 Radiolocation Service. 6* * * * * x(c) * * *   2x(22) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only unmodulated,  xcontinuous wave (NON) emission shall be employed. The frequency 24.10 GHz, and frequencies  xin the 24.2024.25 GHZ band may use NON emission along with an ancillary FM digital  x0emission. The frequency 24.10 GHz will be used for the purpose of alerting motorists of  xhazardous driving conditions and the presence of emergency vehicles. Frequencies in the 24.20 x24.25 MHz band may be used in emergency vehicles for traffic signal control. Equipment  xoperating on 24.10 GHz or in the 24.2024.25 GHz band must keep the deviation of the FM  X- xdigital signal within + 5 MHz. Equipment operating on these frequencies must have a frequency  xstability of at least 2000 ppm and are exempt from the requirements of  90.403(c), 90.403(f), and 90.429. x10. Section 90.175 is amended by revising paragraph (f)(5) to read as follows:  X - x 90.175 Frequency coordination requirements. 3* * * * * x(f) * * *   x(5) Applications in the Special Industrial Radio Service or the Business Radio Service  xZrequesting a frequency designated for itinerant operations, and applications requesting operation"&?,l(l(,,'" on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 MHz, and 151.940 MHz. 6* * * * * x x9.. Section 90.633 is amended by revising paragraphs (c) and (d) to read as follows:  X.- x 90.633 Conventional systems sharing and construction requirements. 6* * * * *   x(c) Except as provided in Section 90.629, licensees of conventional systems must place  xtheir authorized stations in operation not later than one year after the date of grant of the system license.   !x(d) If a station is not placed in operation within one year, except as provided in Section  xk90.629, the license cancels automatically. For purposes of this section, a base station is not considered to be in operation unless at least one associated mobile station is also in operation. x10. Section 90.651 is amended by revising paragraph (c) to read as follows:  XD-x  90.651 Supplemental reports required of licensees authorized under this subpart. 6* * * * *   ]x(c) Licensees of conventional systems must report the number of mobile units placed in  xoperation within twelve months of the date of the grant of their license. Such reports shall be filed within 30 days from that date. 6* * * * *  X -