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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:f wf 'f C3Q",tB^ f ^6=U\\===\====\\\\\\\\\\==Qs~sm=Gsizbsw===\\=Q\Q\Q=\\33\3\\\\DG3\\\\QQ\Q\0\\\\\=\\\\\\\\\3QQQQQz~QsQsQsQsQ=3=3=3=3\\\\\\\\\\Q\\\\\i\Q\Q}Q}Q~\~\nrQs\s\rQ\\\\\\\=3\\\\=\f\\\r3rBs\u7r3\j\\\\yByBz\cFcFcFb\rBr3s\\\\\\\\uQuQuQ\s\\b\s\\n=\\===WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN\\\=QKK\\\\\\@\\\\@==__\00\\pp\\\mff=_\@"\_\4\==p=\\f\z\=\Q\iwUzpNm\QQ====psfpfzQsGwQ\Q=3QzffQz\Qpi\p\\sQQzpfppps=\pQpppp==\\\\\\\p=i\Q=Tgnj}}ccyyTjcc;T;TXFu",tB^ f ^;C]ddCCCdCCCCddddddddddCCY~~vCN~sk~CCCddCYdYdYCdd88d8ddddJN8ddddYYdYd4dddddCddddddddd8YYYYYY~Y~Y~Y~YC8C8C8C8ddddddddddYdddddsdXdXXXddx|X~d~d|XdddddddC8ddddCdoddd|8|H~d<|8dtddddHHdlLlLlLkd|H|8~ddddddddXXXd~ddkd~ddxCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCYQQddddddFddddFCChhd44ddzzdddvooChdF"dhd9dCCzCddoddCdYds]zUvdYYCCCCz~ozoY~NYdYC8YooYdYzsdzdd~YYzozzz~CdzYzzzzCCdddddddzCsdYC\   pxtll\tll@\@\`L",tB^ f ^;C]ddCCCdCCCCddddddddddCCdxN`xoCCCddCdoYoYFdo8Co8odooYNCodddYdddd4dddddCddddddddo8dddddYYYYYN8N8N8N8oddddooooddpddddxodddXXddXddXdddddooL8doddNorddo8PdN8ppoddXXdpLoNpLodPDdopoopodXYXodoodddCddCCCWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNdddCdUUddddddFddddFCCssd44ddzzddd~ooCsdF"dsd9dCCzCddoddCdYds`zUvdddCCCCzozoYNYYYN8YooYdYzzdzddYYzozzzNdzYzzzzCCdddddddzCzdYC\   pxtll\tll@\@\`L2> Y-  #Xw PE37XP#$// R&O, Automatic Vehicle Monitoring Systems, PR 9361, FCC 9541//$ $/ 90.155 Time in which station must be placed in operation/$ $/90.179 Shared use of radio stations/$ $/90.355 LMS operations below 512 MHz/$ #RECORD ONLY  Y_-@7Before thepp  xxFCC 9541(#(#X  YH-W  FEDERAL COMMUNICATIONS COMMISSION ă Washington, DC 20554  Y -In the matter of hh)  Y - x` `  hh)@  Y -Amendment of Part 90 of thehh) PR Docket No. 9361  Y -Commission's Rules to Adopthh)  Y -Regulations for Automatichh)  Y-Vehicle Monitoring Systemshh)  Yc- REPORT AND ORDER ă  Y6- Adopted: February 3, 1995 Released: February 6, 1995 By the Commission: Commissioner Quello concurring and issuing a statement; Commissioner Barrett dissenting and issuing a statement; Commissioners Ness and Chong issuing separate statements.  Y- TABLE OF CONTENTS ă  Y-x  Topic  hh@hpp   Paragraph No.  Yj-I.xINTRODUCTION................................................................xx1  YS-II.xBACKGROUND AND EXECUTIVE SUMMARY ..................xx3  Y<-III.xDISCUSSION......................................................................xx13  Y%-xA. Definitions....................................................................xx13  Y-XxB. Permanent LMS Operation in the 902928 MHz Band.........xx15(#  Y-xC. Eligibility and Permissible Uses.......................................xx20 xD. Accommodation of Secondary Users  Y -x` ` in the 902928 MHz Band..........................................xx29 0  Y!-XxE. Spectrum Allocation Plan................................................xx39(#  Y"-xF. Geographic Areas for Exclusive Licenses...........................xx50 0 xG. Competitive Bidding for Exclusive Multilateration  Ym$-x` ` LMS Licenses............................................................xx53  YV%-xH. Construction Period for LMS Systems...............................xx58 0 xI. Grandfathering Provisions for Existing Multilateration  Y('-x` ` AVM Licensees..........................................................xx61 0"('0*((P("Ԍ Y-xJ. Licensing of NonMultilateration Systems..........................xx65  Y-xK. Multilateration System Operations.....................................xx71  Y-xL. LMS Below 512 MHz......................................................xx83 0  Y-xM. Technical Issues..............................................................xx87  Y-IV.xCONCLUSION.....................................................................xx99  Y-V.xFINAL REGULATORY FLEXIBILITY ANALYSIS..................xx101  Yv-VI.xORDERING CLAUSES.........................................................xx105  YH-B I. INTRODUCTION ă  Y -x 1. In this Report and Order, we adopt rules for the future licensing and continued development of a number of services and equipment using the 902928 MHz band. In recent years, Automatic Vehicle Monitoring (AVM) systems and unlicensed Part 15 devices have developed and proliferated in this band and are providing services that are valuable and in the public interest. These services range from licensed vehicle location and automatic toll collection systems to unlicensed devices used for utility meter reading and inventory control. Our allocation plan for the 902928 MHz band includes 8 MHz of additional spectrum for AVM services and establishes new provisions for governing the interference obligations of Part 15 and amateur operations in this band. This plan balances the differing operational needs of these varied types of uses so that most AVM systems and Part 15 devices will be able to achieve their service objectives without impeding each other's use of the spectrum. We also modify and eliminate outdated regulations that have not kept pace with the technological evolution of AVM and establish a new service, the Location and Monitoring Service (LMS), that both encompasses the old AVM service and future advanced transportationrelated services.  Yd-x 2. A key feature of our new spectrum allocation plan is the establishment of separate subbands for licensed LMS uses. We have provided three subbands for exclusive licensing of wideband "multilateration" LMS systems in addition to two subbands for the sharing of narrowband "nonmultilateration" LMS systems. Subject to grandfathering certain existing AVM licensees, mutually exclusive applications for multilateration LMS licenses in the three subbands will be resolved through competitive bidding. We also clarify the status of licensed systems in the 902928 MHz band in relation to other uses of the band, with distinctions made for amateur radio and unlicensed Part 15 users operating under certain, specified parameters. The new band plan, combined with the provisions for continued amateur and unlicensed Part 15 operation, will allow efficient and competitive use of the spectrum. Our decisions herein also provide certainty for all users of the band so they can invest in the equipment and facilities necessary to bring quality, low cost services to consumers.  Y -  II. BACKGROUND AND EXECUTIVE SUMMARY ă  Y-x 3. The Commission initiated the AVM service in 1974, when it adopted its Report  Y -and Order in Docket No. 18302.v  TB#-ԍ Report and Order, Docket No. 18302, 30 RR 2d 1665 (1974) (1974 Order).v In the 1974 Order, we found that AVM had the potential to accommodate a number of important functions, such as tracking and monitoring large fleets of vehicles and providing information to allow more efficient use of vehicles through  Y#-better dispatch and routing information.3#h T'-ԍ Id.3 We also noted that AVM systems had already been"#0*(($" operating for several years on an experimental and developmental basis, allowing us to gain  Y-valuable information regarding advances in AVM technology.` Tb-ԍ The Commission first licensed AVM on a developmental basis in 1968.  In 1972, the Commission sought additional information on the development of AVM since its original inquiry and  T-proposed to adopt rules for permanent licensing. See Further Notice of Inquiry and Notice of Proposed Rule Making, Docket No. 18302, 35 FCC 2d 692 (1972). While recognizing the technological progress made by AVM, we concluded that development of new vehicle monitoring technologies was also likely in the future, making it inadvisable to adopt permanent rules until more information was available regarding the viability of such new  Y-technologies. Accordingly, we decided to provide for the licensing of AVM systems on both  Yv-a permanent and a developmental basis under "interim" rules.Xv T -ԍ 1974 Report and Order at para. 5. X These rules have remained in effect until now.  Y1-x 4. Our 1974 AVM rules provide for licensing of AVM systems in the 903912 and 918927 MHz bands, as well as in several bands below 512 MHz. While little licensing of AVM has occurred below 512 MHz, there has been significant AVM use of the 900 MHz bands in recent years. Existing AVM systems in these bands generally fall into one of two broad technological categories: multilateration systems and nonmultilateration systems.  Y -Multilateration systems use spreadspectrum technology to locate vehicles (and other moving objects) with great accuracy throughout a wide geographic area. This technology is used, for example, by trucking companies to locate and track their vehicle fleets, by municipal  Yz-governments to pinpoint the location of their buses,z T-ԍ See Joe Dysart, Bus 54, Where are You? Automatic Vehicle Locator System Used by Baltimore  T-Mass Transit Administration, Mass Transit (July 1991). and by entrepreneurs who are  Yc-developing subscriberbased, stolen vehicle recovery systems.Nc  T -ԍ See Teletrac petition at 614.N Nonmultilateration systems  YL-use narrowband technology to transmit data to and from vehicles passing through a particular location. This technology is now providing valuable services to state and local governments operating various types of automated toll collection systems with an estimated 500,000 cars  Y-currently served by such systems  Td -ԍ Moshe BenAkiva et al, The Case for Smart Highways; Intelligent VehicleHighway Systems, Technology Review (July 1992) (noting that electronic toll collection devices have already been  T"-implemented in Dallas, Oklahoma and Louisiana); Terry Sweeney, Wireless Net to Keep Traffic, Tolls  T"-Flowing, Communications Week (Feb. 8, 1993) (describing plans for a California toll collection system, which is expected to reduce traffic, fuel costs and air pollution). Drivers simply purchase an electronically encoded tag that allows them to drive at a normal speed through the toll station. Electronic readers transmit a radio signal to passing cars, debiting the tag or recording the  TR&-identification of the tag for monthly billing. Id.; For Whom the Card Tolls, Electronics (July 25, 1994) at 9 (noting that 500,000 cars take advantage of automated toll systems).  and by the railroad industry in the monitoring of their"0*(("  Y-systems' railway cars. Ty-ԍ See also, comments of Amtech Corporation (Amtech) at 35; Mark IV IVHS Division (Mark  TQ-IV) at 1; and Hughes Aircraft Company (Hughes) at 4.  Y- 5. It is expected that in the coming years both types of LMS systems will play an integral role in the development and implementation of the variety of radio advanced transportationrelated services, known as "Intelligent Vehicle Highway Systems" (IVHS) or  Y-"Intelligent Transportation Systems" (ITS). `@ T -ԍ The term "Intelligent Vehicle Highway System (IVHS)" refers to the collection of advanced radio technologies that, among other things, is intended to improve the efficiency and safety of our nation's highways. Recently, both government and industry entities have begun referring to these technologies by the term "Intelligent Transportation System (ITS)."  The ITS is a collection of advanced radio technologies that promise to improve the efficiency and safety of our nation's highways, reduce harmful automobile emissions, promote more efficient energy use, and increase  YI-national productivity. Ih Tb-ԍ See Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102240,  6052(b), 105 Stat. 1914, 2189 (1991) (ISTEA); H.R. Rep. No. 171(I), 102d Cong., 1st Sess. 11  T-(1991), reprinted in 1991 U.S. Code Cong. & Admin. News 1537; IVHS America, Strategic Plan for Intelligent VehicleHighway Systems III31III35 (May 1992) (IVHS Strategic Plan). ISTEA calls for the development of a national IVHS program employing advanced traffic management systems, advanced traveler information systems, advanced vehicle control systems, commercial vehicle  Tt-operations and advanced public transportation systems. ISTEA at  605358. Congress also imposed reporting requirements to monitor the progress made in developing and implementing the  T$-IVHS program. Id.ā For example, it is anticipated that ITS systems will increase traffic mobility and efficiency by notifying motorists of traffic delays and recommending alternate routes, adjusting the settings of traffic signals to prevent anticipated traffic jams, and providing navigational assistance to direct a car to its destination according to the most efficient route. ITS warning systems can also be used to notify drivers of impending collisions (or even take control of the vehicle to avoid a collision), and display electronic traffic and safety signals on a car's windshield when poor weather conditions impair drivers' vision of roadside signs. It is estimated that ITS will help reduce air pollution caused by automobiles and will cut wasteful fuel consumption. Traffic congestion, which costs the United States $100 billion annually in lost productivity, will also be minimized by innovative ITS traffic management technologies. Finally, ITS is expected to create new economic and employment opportunities. Not all of these services, however, require or rely on the use of the 902928 MHz band.  Y- x 6. To recognize the expected growth of ITS, this Report and Order creates a new  Y-subpart in Part 90 for Transportation Infrastructure Radio Services (TIRS). The Location and Monitoring Service (LMS), which uses the 902928 MHz band, constitutes the first  Y-service contained within the TIRS category. As we allocate additional spectrum or create new services intended to further the efficiency of the nation's transportation infrastructure," 0*(("  Y-these new services will likely be regulated under the TIRS.i 8 Ty-ԍ We recently adopted two proceedings that suggest potential spectrum allocations for ITStype  TQ-operations. In the Notice of Proposed Rule Making in ET Docket No. 9432, we suggest the possible allocation of the 23902400 MHz or the 23002310 MHz bands for short range ITS services and in  T-ET Docket No. 94 ĩ124, we suggest providing 3.2 GHz of spectrum (47.2 47.4 GHz, 7677 GHz,  T-94.795.7 GHz, and 139 140 GHz) for ITSrelated automobile radar technologies.#Xw PE37/XP#i The TIRS will thus further Congress's goal of encouraging ITS by providing an organized and unified approach towards regulating spectrum for ITSrelated services. Today's creation of the TIRS clearly demonstrates this agency's commitment to the continued integration of radiobased technologies into the nation's transportation infrastructure and our commitment to the development and implementation of the nation's intelligent transportation systems of the future.  YH- x 7. AVM systems share their portion of the 902928 MHz band with other users. H T-ԍ AVM services are allocated the 903912 and 918927 MHz portions of the 902928 MHz band and are licensed on a shared basis. The band is allocated on a primary basis for use by Government radiolocation systems and Industrial, Scientific, and Medical (ISM) equipment, with Government fixed and mobile  Y -operations secondary to these users.Z  @ T-ԍ For additional information on Federal Government use in this band see Federal Government  T-Spectrum Usage in the 902928, 24002500, and 57255875 MHz Bands. This document is available from the National Technical Information Service, Springfield, VA, 22161, NTIS No. PB 93176739.Z Amateur Radio Service licensees operate in the entire band, but on a secondary basis to the ISM, Government and AVM users. Part 15 uses are permitted in this band, but are secondary to all other uses, including AVM and amateur operations.  Y-x 8. In 1989 and 1990, we also modified our rules to permit enhanced operation of spread spectrumbased radio devices throughout the 902928 MHz band on an unlicensed  Yd-basis, pursuant to Part 15 of our Rules.d  T-ԍ  See Report and Order, Gen. Docket No. 87389, 4 FCC Rcd 3493 (1989) and Report and  T-Order, Gen. Docket No. 89354, 5 FCC Rcd 4125 (1990)). Since modifying our rules to provide for enhanced Part 15 operations, a large number of equipment manufacturers and entrepreneurial companies have developed radio devices and implemented radio systems employing spreadsprectrum technology in the 902928 MHz band. It is estimated that several million Part 15 devices have been sold and are being used every day to provide a wide variety of valuable services to the American public. For example, consumers are now able to purchase cordless  Y-telephones operating in the band offering high quality voice operations,d  T%-ԍ See Comments of the Consumer Electronics Group at 4.d wireless local area networks are being implemented in offices and buildings to enable tetherless voice and data"0*(("  Y-transmission,M Ty-ԍ See e.g., Comments of Cylink.M and utility companies are now able to read residential utility meters from the  Y-street or remote locations using Part 15 radio devices.lh T-ԍ See Ex Parte Comments of Cellnet dated March 15, 1994, at 2.l In addition to the enormous benefits to both businesses and consumers that will result from the continued growth in the use of the Part 15 industry, our nation's economy also benefits due to the continued development of  Y-these new, advanced radio technologies by American companies.[ T] -ԍ See Comments of Symbol Technologies at 34.[  Yv-x 9. On May 28, 1992, North American Teletrac and Location Technologies (Teletrac) filed a Petition for Rule Making requesting that we adopt permanent rules for licensing AVM  YI-systems.I T-ԍ RM8013, filed May 28, 1992, and placed on Public Notice June 23, 1992, Report No. 1897. Teletrac's request was primarily directed at the tentative nature of "interim" rules as well as the exclusivity of AVM licenses. On March 11, 1993, in response to Teletrac's petition, we adopted the Notice of  Y2-Proposed Rule Making ( Notice) in this proceeding to examine the future licensing and  Y -continued development of AVM systems.y  T-ԍ Notice of Proposed Rule Making, PR Docket No. 9361, 8 FCC Rcd. 2502 (1993). y In the Notice, we proposed to replace the existing interim rules for AVM with permanent rules. We also proposed to expand the technical parameters of the service to permit locating and monitoring of people and objects, as well as vehicles, and therefore proposed to rename the service as the Location and Monitoring Service (LMS). Additionally, we proposed to allocate the entire 902928 MHz band for LMS, with separate allocations for multilateration LMS systems and nonmultilateration LMS systems. We proposed that all LMS systems operate on a shared basis.  Yc-x  10. In response to our Notice, we received numerous comments and reply comments from LMS service providers, LMS licensees that use LMS systems to meet their own internal needs (such as railroad companies and local government entities), LMS users, manufacturers and users of Part 15 equipment, and Amateur operators. We solicited further  Y-comments and reply comments in response to ex parte communications we received.  TQ -ԍ See Public Notice, DA 94129, PR Docket No. 9361, 59 Fed.Reg. 7239 (February 15, 1994). Commenters offered a wide array of suggestions on the many complex issues raised in the  Y-Notice. Although we are adopting many of the proposals set forth in our Notice, the comprehensive record developed in this proceeding has led us to modify some of our proposals, especially as they concern the spectrum available for the different types of LMS systems, the licensing procedures for the band, and the general obligations of various users of the band. "g 0*(("Ԍ Y-x  11. M ultilateration and nonmultilateration LMS systems, amateur operations, and Part 15 devices will all play an important role in providing valuable services to the American public in the coming years. We believe that our decisions in this proceeding recognize this importance and will enable all of these services to make continued use of this spectrum. As detailed in our later discussion, commenters representing each of these services indicate the need for varying amounts of spectrum and varying degrees of interference protection from  Yw-each other's operations in the band. We have therefore developed a spectrum plan that attempts to accommodate all of these users' requirements. The plan: 1) continues to permit secondary operations by unlicensed Part 15 and amateurs across the entire band, but affords  Y2-users in these services a greater degree of protection to their operations; 2) enables nonmultilateration LMS systems to operate on spectrum separate from multilateration systems; and 3) allocates spectrum on an exclusive basis for multilateration LMS licensees.  Y -x  12. In this Report and Order we have therefore made the following decisions: x Change the name of this service from the Automatic Vehicle Monitoring (AVM)  Y-to the Location and Monitoring Service (LMS) (see paragraph 1). x Change the terminology used to refer to the two general categories of LMS  YM-technologies from "wideband" and "narrowband" to "multilateration" and "non Y6-multilateration," respectively, (see paragraph 14). x Permit multilateration LMS systems to locate any object animate or inanimate  Y-ԩ ancillary to their primary vehicular location and monitoring services (see paragraph 24). x Permit LMS systems to transmit and receive status and instructional information, both nonvoice and voice, related to the location and monitoring of a mobile unit and permit LMS systems to interconnect with the Public Switched Network (PSN) on a restricted basis  Y~-(see paragraphs 2627). x Expand LMS license eligibility to all entities eligible to be licensed under Part 90 of our Rules and allow service in the 902928 MHz band to be provided by LMS licensees to both individuals and the Federal Government on a commercial basis to paying subscribers.  Y -(see paragraph 28). x Clarify what constitutes harmful interference to multilateration licensees by  Y -unlicensed Part 15 devices and amateur operations (see paragraphs 3536). x Allocate an additional 8 MHz of spectrum in the 902928 MHz band for LMS use, permitting the entire band to be used for this purpose. Adopt a spectrum allocation  Yj$-scheme for the 902928 MHz band that assigns separate subbands for multilateration and  YS%-nonmultilateration operations as follows (see paragraphs 4649): "%'0*((P("Ԍ Y-xBand (MHz) hhSystem License   Y-x902.000 904.000 hhNonmultilateration  Y-x904.000 909.750hhMultilateration  Y-x909.750 919.750 hhNonmultilateration  Y-x919.750 921.750hhMultilateration and NonMultilateration  Yv-x921.750 927.250hhMultilateration  Y_-Xx927.250 928.000XhhMultilateration8_ T-ԍ This is not considered a separate subband. Each licensee in the 904.000909.75 MHz, 919.750921.750 MHz and 921.750927.250 MHz subbands will obtain a narrowband assignment at the top of the 902928 MHz band for forward link operations, as follows: 927.250927.500 MHz for the 921.750927.250 MHz band; 927.500927.750 MHz for the 919.750921.750 band; and 927.750928.000 MHz for the 904909.750 band.(#h x License exclusive multilateration LMS systems within each Major Trading Area  Y -(MTA)  T-ԍ Rand McNally organizes the 50 states and the District of Columbia into 47 MTAs. See Rand Tk-McNally Commercial Atlas and Marketing Guide, 3639, (123d ed. 1992).  PCIA and Rand McNally have recently entered into an agreement regarding the use of Rand McNally's market area designations (i.e., Basic Trading Areas (BTAs) and Major Trading Areas (MTAs) for the licensing of various mobile radio services. LMS is not covered by this agreement. The listings of the Major  T-Trading Areas, including the counties, parishes and census divisions that comprise each MTA, are  T- available for public inspection in the Office of Engineering and Technology's Technical Information  T{-Center, 2nd Floor, 2000 M Street, N.W., Washington, D.C.Ć and four additional MTAlike service areas8 P  T-ԍ  The four additional regions are: (1) Guam and the Northern Mariana Islands; (2) the Commonwealth of Puerto Rico and the U.S. Virgin Islands; (3) American Samoa; and (4) Alaska will be treated as a single area separate from the Seattle MTA. This is consistent with our MTAbased service area definitions for broadband PCS (see 47 C.F.R.  24.102) and for the Commercial Mobile  T{-Radio Services.  in the three subbands designated  Y -above, and resolve mutually exclusive applications through competitive bidding (see paragraphs 5057). x Grandfather base stations of multilateration system licensees authorized as of  Y -February 3, 1995 and constructed and in operation by April 1, 1996 (see paragraphs 6164). x x License nonmultilateration systems on a shared basis in the three subbands  Yb-designated above (see paragraphs 6970). x Allow multilateration licensees to commence operations only after demonstrating  Y-interference with Part 15 operations is minimized (see paragraphs 8182).  Y- "P0*(("Ԍ Y- III. DISCUSSION ă  Y-x A. Definitions  Y-x   13. In the Notice, we characterized LMS systems as "wideband" and "narrowband." A number of commenters, including Mark IV, Hughes, Amtech, and Pinpoint, suggest that LMS systems should be categorized as either "widearea" or "localarea" rather than as  Yb-"wideband" or "narrowband."b T-ԍ See Mark IV comments at n.2; Hughes comments at 67; Amtech comments at n.3; Pinpoint comments at n. 3. These commenters state that because some "narrowband" systems require a bandwidth in excess of 2 MHz it would be inappropriate to categorize these systems as narrowband. Teletrac opposes such a change in terminology, claiming that it would be difficult to distinguish widearea/localarea systems without reference to a  Y -specific coverage standard.K @ T-ԍ Teletrac reply comments at 3133.K  Y -x  14. While we agree that the wideband/narrowband terminology used in the Notice is imprecise and could be misleading, we believe that characterizing systems as "widearea" or "localarea" could also lead to confusion because not all LMS systems have predetermined service contours. Therefore, to address commenters' concerns, we shall refer to "wideband" pulse ranging systems as "multilateration" systems, and we shall refer to "narrowband"  Yf-systems as "nonmultilateration" systems. We define multilateration systems as systems that are designed to locate vehicles or other objects by measuring the difference of time of arrival, or difference in phase, of signals transmitted from a unit to a number of fixed points or from a number of fixed points to the unit to be located. We define nonmultilateration  Y -systems as systems that employ any technology other than multilateration technology to transmit information to and from vehicles. Unlike a multilateration AVM system, which determines the location of a vehicle or object somewhere over a wide area, a typical nonmultilateration AVM system uses an electronic device placed in a vehicle to transfer information to and/or from that vehicle. When the vehicle passes near one of the system's stations, the station transmits an interrogating signal. The interrogating signal is then either modulated with unitspecific information and reflected back to the station's receiver or the tag transmits its own signal in response to the interrogation. By dividing LMS into the broad multilateration and nonmultilateration categories, we adopt a definitional framework that is flexible enough to accommodate all operational modes LMS is anticipated to evolve towards. "" 0*((#"Ԍ X-x B. Permanent LMS Operation in the 902928 MHz Band  Y- x 15. In addition to the current allocation within the 902928 MHz band for AVM,  Y-this band is currently allocated for Industrial, Scientific, and Medical (ISM) equipment,J T5-ԍ See 47 C.F.R.  18.305.J  Y-radiolocation, fixed and mobile by the Federal Government,Ih T-ԍ See 47 C.F.R.  2.106.I amateur operations,J T^ -ԍ See 47 C.F.R.  97.301.J and  Y-unlicensed operation of devices under Part 15 of the Rules.j T -ԍ See 47 C.F.R.  15.243, 15.245, 15.247 and 15.249. j In addition, we have initiated a proceeding exploring the possibility of making the middle portion of the 902928 MHz band  Y`-available for nongovernment wind profiler radar systems.'`H TY-ԍ See Notice of Proposed Rule Making and Notice of Inquiry, Amendment of Section 2.106 of  T1-the Commission's Rules to Allocate Spectrum for Wind Profiler Radar Systems, (NPRM/NOI), ET Docket 9359, 8 FCC Rcd 2546 (1993). ' Because of the diversity of services that share this band, many commenters observe that changes in the rules that relate to one group of users could affect the other users of the band. A number of commenters further argue that it is premature to adopt permanent rules for LMS systems because many LMS system operators, Part 15 users, and amateur operators are implementing new  Y -technologies. 8  T6-ԍ See generally comments of the Telecommunications Industry Association (TIA); the Part 15 Coalition (Coalition); Spectralink, the North American Telecommunications Association (NATA); the Domestic Automation Company (DAC); Itron, Inc. (Itron); Symbol Technologies, Inc. (Symbol); Telxon Corporation (Telxon); Thomson Consumer Electronics (Thomson); Norand Corporation (Norand); and American Radio Relay League, Inc. (ARRL). Other commenters urge us to take additional time to study the relative merits of the various services, devices, and technologies; still others argue that changes in the rules should be delayed to permit creation of a technical committee to study the sharing of the  Y -band among its various users.!  T-ԍ Coalition comments at 12; Interdigital comments at 67; Spectralink comments at 5; Uniplex comments at 2; and TIA comments at 5. Relatedly, the American Radio Relay League (ARRL) filed a petition for rule making, dated January 13, 1994, requesting a primary allocation of 902 Yz-904 and 912918 MHz for the Amateur Radio Service."z T;#-ԍ The Petition for Rule Making filed by the American Radio Relay League, because it involves matters that are under consideration in this docket, was accepted as Comments in this proceeding.pp  YL-x 16. Notwithstanding these concerns, we believe that delaying implementation of permanent rules for LMS systems could jeopardize the continued development of this service. Although a number of companies have already developed LMS systems and are on the verge" "0*((" of making services widely available, they argue that uncertainty about possible changes in our rules has deterred or prevented them from committing greater capital or obtaining  Y-financing.# TK-ԍ See, for example, Ex Parte Comments of MobileVision dated August 12, 1994 at 2. In addition, LMS equipment manufacturers, state and local government entities, toll road operators, and Part 15 manufacturers and users require regulatory certainty. Further postponement of final decisions regarding our LMS rules would make it difficult for  Y-users of the band to plan the longterm development of their products or services.c$h T-ԍ Teletrac comments at 4; MobileVision reply comments at 3.c Establishing permanent rules for LMS will also provide opportunities for new entrants into location and monitoring businesses. Accordingly, we find that it is in the public interest and consistent with Commission precedent to adopt permanent rules for location and monitoring services.  Y - x 17. A number of other commenters argue that even if permanent rules are adopted, the Commission should find a permanent home for some or all LMS systems in another frequency band. For example, Lockheed, a manufacturer of narrowband LMS equipment, argues that the 902928 MHz band is an inappropriate place for LMS systems and proposes use of the 5.8 GHz band. Saab requests an exclusive allocation in the 24502470 MHz band for an Electronic Toll and Traffic Management (ETTM) Service claiming that this is neither  Yz-a narrowband nor a wideband LMS service.%`z T3-ԍ SCG comments at 35; Sensormatic comments at 1720; Part 15 Coalition comments at 1315; SaabScania Combitech (Saab) comments at 11; and Lockheed comments a 4. ETTM systems do fall  T-into the "nonmultilateration" LMS category (see para. 14 supra.) and as such are adequately accommodated in our licensing plan.  The Part 15 Coalition also suggests that LMS services be moved to the 23902400 MHz band that is part of the 50 MHz transferred  YL-to the FCC by NTIA.~&L0 T--ԍ Comments of the Part 15 Coalition at 89; Further Comments of the Part 15 Coalition.~ Other commenters suggest that we should restrict or eliminate multilateration LMS systems in the 902928 MHz band and instead promote alternative location technologies such as Global Positioning Satellite (GPS), LORAN, dead reckoning,  Y-or cellular systems.i'  T-ԍ AT&T comments; TIA comments at 24; and NATA comments at 1113.i  Y-x 18. We conclude not only that the 902928 MHz band should continue to be made available for LMS services, but that the 8 MHz within the band not previously allocated to AVM should also now available for LMS. Although prior AVM operation in the band has occurred under interim rules, we have always regarded the band as a permanent home for" p '0*(("  Y-AVM.(` Ty-ԍ In the Report and Order in Docket 18302, we stated that the interim nature of the rules was to allow continued development of AVM systems under a flexible licensing arrangement and to allow the rules to be fine tuned as additional information is gained regarding the operation of various types of  T-AVM systems. Report and Order, Docket No. 18302, at paras. 5 and 10, 30 RR 2d 1665 (1974). The 903912 and 918927 MHz segments of this band are currently the only spectrum specifically allocated for AVM use and there exists no other lowcost, consumeroriented spectrum where AVM service providers operate their systems without facing concerns similar to those present in this band. The 902928 MHz band is ideally suited for location services due to the propagation characteristics of the band that permit widespread coverage of a market area without the use of an inordinate number of base stations. In addition, while some commenters argue that GPS or terrestrialbased communications  Y_-systems with location capabilities are more spectrally efficient,)_ T -ԍ See Comments of the Portland Amateur Radio Club (PARC), Technology Radio Amateur Club (TRAC), the Part 15 Coalition, Spectralink Corporation (Spectralink), American Telephone and Telegraph Company (AT&T), and NATA.  we are not persuaded that LMS should be eliminated from the 902928 MHz band on this basis. The alternative technologies put forward by commenters have disadvantages as well as advantages in comparison to LMS. For example, GPS and LORANbased systems used in fleet tracking permit a vehicle to determine its location, but a separate communications link is required to transmit this information back to a dispatch location. Similarly, Lojack, Inc. (Lojack) manufactures a vehicle location system that operates on a single channel in the 170 MHz band, but this system requires use of directionfinding antennas to locate the vehicle. By contrast, multilateration LMS systems use larger amounts of spectrum, but can both receive "fixes" on large numbers of vehicles and transmit messages back to such vehicles from a central source all within one integrated system.  YK-x 19. We further conclude that the public will be best served by expanding the current AVM allocation of 18 MHz to include an additional 8 MHz so that LMS will be permitted to use the entire 902928 MHz band. This will allow development of diverse LMS services and technologies. LMS providers are already developing systems with differing capacities, and future designs may surpass the capacity of systems available today. In addition, we believe that developing a diversity of LMS services is important to promote competition and continued technological advances. Promoting alternative technologies will provide consumers choices of a variety of locating services, enabling them to address their individual communications needs. The demand and need for greater capacity, capability and alternatives will grow. Thus, providing additional spectrum for LMS systems within the 902928 MHz band allows for development of the full scope of location and monitoring  YO-techniques.*O@ T@%-ԍ See Report and Order, Docket No. 18302 at para. 10, 30 RR 2d 1665 (1974).  X!- "! *0*((-"Ԍ X-xC. Eligibility and Permissible Uses  Y-x 20. As discussed in the Notice, LMS systems have the potential to offer a wide array  Y-of services that go beyond the mere tracking of vehicles.S+ T5-ԍ Notice 8 FCC Rcd 2502, 2503 (1993).S We therefore proposed to expand  Y-the permissible uses of LMS to include the location of all animate and inanimate objects.>,h T-ԍ Id. at para 9.> In addition, we proposed expanding the types of entities eligible to acquire LMS service to  Yw-include individuals and the Federal Government,?-w T0 -ԍ Id. at para. 7.? and we proposed to allow LMS service to  Y`-be rendered on a forprofit basis.?.` T -ԍ Id. at para. 8.? We requested comment on whether these proposals to expand eligibility and permissible uses would create unacceptable congestion of the 902928  Y2-MHz band.3/2H T+-ԍ Id.3  Y - x 21. In response to the Notice, providers of multilateration LMS services contend that there are significant potential public benefits to expanding LMS beyond vehicle location  Y -alone.0  Tp-ԍ Teletrac comments at 910; MobileVision comments at 4143; SBMS comments at 37; and Location Services comments at 6. Southwestern Bell Mobile Systems (SBMS) urges that the definition of LMS be further expanded to permit messaging and data transmissions to fixed units and units for  Y -which location and monitoring is not being provided.?1 `  T-ԍ SBMS comments at 37.? Additionally, certain multilateration providers have requested that it be made clear that LMS will be permitted to provide  Y{-interconnected service to the public switched network (PSN).2{  T,-ԍ Ex Parte Comments of MobileVision, Teletrac and Uniplex dated December 12, 1994, at 2. Other commenters, however, such as IVHS America and the United States Department of Transportation (DOT), argue that LMS should remain primarily a vehicleoriented service, with an emphasis on ITS Y6-related communications.`36 T"-ԍ IVHS America comments at 16; DOT reply comments at 15.` Part 15 manufacturers and users and amateur operators also contend that expansion of the possible uses of LMS will result in more intensive use of the  Y-band, thus leading to severe spectrum congestion.j4@ T%-ԍ See comments of Sensormatic Electronics (Sensormatic); TIA; the Part 15 Coalition; Interdigital Communications (Interdigital); Spectralink; NATA; DAC; Itron; Symbol; Telxon; Thomson; Norand; the Alarm Industry Communications Committee (Alarm Industry); ARRL; PARC;"'30*(('" and TRAC.j " h40*(('"Ԍ Y-ԙx 22. Commenters also express diverse views on whether LMS licensees should be allowed to provide forprofit service. SBMS and Southern California Gas Company (SCG)  Y-support offering multilateration LMS as a subscriberbased private radio service.5h T-ԍ See Comments of SBMS dated June 29, 1993, at 4; and Comments of SGC dated June 29, 1993, at 23 ("private carrier" support, but outside of 902928 MHz). MobileVision also supports permitting LMS licensees to provide services to paying subscribers, stating that such licensing "recognizes the massive capital cost incumbent in deploying the type of extensive infrastructure required for an LMS system of appropriate  Yw-scope and scale to effectively serve a market."^6w T -ԍ MobileVision Comments dated June 29, 1993, at 4041.^ On the other hand, the American Radio Relay League (ARRL) and the Part 15 Coalition oppose allowing multilateration LMS  YI-licensees to provide subscriberbased service.7I Tz-ԍ See Comments of ARRL dated June 29, 1993, at 1112; and Comments of the Part 15 Coalition at 16.  Y -x 23. We recognize the concerns of the Part 15 and amateur communities that the expansion of permissible uses of the LMS service will result in more intensive use of the 902 928 MHz band. Unfettered interconnection and messaging in the LMS could not only increase the potential for harmful interference to other users of the band, but detract from the intended purpose of the LMS allocation. Based on these concerns, we conclude that while a limited expansion of potential applications of LMS is warranted, operational restrictions should be imposed to maintain the coexistence of the many varied users of the band. We find therefore that it is appropriate to impose: 1) limitations on the provision of nonvehicular location services; 2) restrictions on messaging services and interconnection and; 3) a prohibition against message and data transmissions to fixed units and units for which location and monitoring is not being provided. We believe that these restrictions strike an equitable balance between the needs of LMS service providers and those of the Part 15 users and manufacturers and amateur operators, and additionally ensure that LMS systems are utilized primarily for location service and not as a general messaging or interconnected voice or data service. To ensure compliance with these restrictions, we may request, and licensees shall supply, whatever records or information necessary to demonstrate that these provisions are being followed.  Y~-x 24. Accordingly, we will allow nonvehicular location services to be rendered only by multilateration LMS systems whose primary operations involve the provision of vehicle location services. This limited expansion of permissible LMS uses recognizes the general capability of multilateration systems to cover a wide area and perform location determinations for any type of object within that area. We believe that nonmultilateration systems, however, should continue to be used for vehicle monitoring only because the" 70*((" spectrum they occupy has a heavier concentration of amateur radio operators, Part 15 devices and Federal Government radiolocation operations than other portions of the band. We are concerned that permitting nonmultilateration systems to provide this additional service will cause more intensive use of the subband, to the detriment of these other users.  Y-x 25. While we expand the potential applications of LMS as described above, we decline to allow LMS to be used for the type of messaging proposed by Southwestern Bell. We agree with numerous commenters who argue that creating such a broad messaging and  YI-data service would be an inappropriate use of this spectrum.88I T -ԍ TIA comments at 6; Interdigital comments at 3; Alarm Industry comments at 7; Ademco comments at 4; Consumer Electronics Group of the Electronic Industry Association (EIA/CEG)  Tr -comments at 5;and Proxim, Inc. (Proxim) comments at 3. Uniplex notes that the NPRM requires that messages be related to the unit being located but urges that tighter restrictions be placed on messages, Uniplex comments at 3. The LMS service is a mobile location and monitoring service. We do not intend to expand use of this band so that it becomes primarily a fixed, pointtomultipoint or pointtopoint messaging service. Our rules  Y -make adequate provision elsewhere for this type of communications.{9  T}-ԍ See generally, Parts 21 and 94 of our Rules, 47 C.F.R. Part 21 and 94.{ The 902928 MHz band, however, is the only allocation for location services that provides sufficient spectrum to accommodate the types of advanced location and monitoring systems currently being implemented. Although there are other methods and spectrum available to determine the location of a unit, these other methods do not offer the same capabilities or potential as  Y-systems developed in the 902928 MHz band.J:h T-ԍ See para. 18, supra.J  Yc-x 26. We do not intend for this service to be used for general messaging purposes. Accordingly, we will require that all messaging be associated with the location or monitoring of the vehicle or unit. We will permit communications necessary to provide accurate, timely and complete status and instructional information relating to the vehicle being located or the occupant(s) of the vehicle, including voice communications. Thus, LMS systems will be permitted to transmit status and instructional messages, either voice or nonvoice, so long as they are related to the location or monitoring functions of the system. We find that such use  Y-of LMS will be invaluable to the implementation of ITS of the future. ;  T|!-ԍ Both IVHS America and DOT emphasized the need for sufficient communications capacity to implementITS services, including Advanced Traffic Management Systems, Advanced Traveler Information Systems, Advanced Vehicle Control Systems, Commercial Vehicle Operations, and  T$-Advanced Public Transportation Systems. See comments of IVHS America and DOT. See also Strategic Plan for Intelligent Vehicle Highway Systems in the United States, prepared by IVHS America. Implementation of such an array of ITS services will require substantial communications capacity and a combination of various technologies to provide sufficient location and traffic management information in many different circumstances. ";0*(("Ԍ Y-ԙx 27. In addition, we will permit limited LMS interconnection.< Ty-ԍ We note that Part 15 devices performing functions similar or identical to those of licensed LMS operations are not restricted from interconnecting with the PSN. We will permit  Y-"store and forward" interconnection, where either (1) transmissions from a vehicle or object being monitored are stored by the LMS provider for later transmission over the PSN, or (2) transmissions received by the LMS provider from the PSN are stored for later transmission to the vehicle or object being monitored. We will not permit realtime interconnection between vehicles or objects being monitored and the PSN, except for emergency  Yw-communications related to a vehicle or a passenger in a vehicle.=w@ Th -ԍ Emergency communications may include information about a medical condition that requires immediate attention or the mechanical breakdown or failure of an automobile. Additionally, the vehicle or object being monitored may only send or receive realtime interconnected communications  YI-to or from entities eligible in the Public Safety or Special Emergency Radio Services>I T-ԍ See 47 C.F.R. Part 90, Subparts B and C. This would also permit "911" interconnection where this service is available. or a system dispatch point. Finally, the requirement discussed above that all messages be associated with the location or monitoring of the vehicle continues to apply. We believe these limitations on interconnection will serve to impede the proliferation of interconnected voice and data communications by LMS systems while also providing them the flexibility to  Y -better serve the subscribers to the service.v? 0 T-ԍ See Ex Parte Comments of MobileVision dated December 14, 1994, at 56.v  Y -x 28. Finally, we find it in the public interest to allow LMS licensees to make service available to individuals and the Federal Government in addition to Part 90 eligibles. This step will effectively enable LMS operators to serve all members of the public, thus increasing the potential for the public to benefit from the expansion of ITS services. In addition, because many LMS systems will entail construction of extensive infrastructure over wide geographic areas, we also find it in the public interest to permit LMS to be offered to paying subscribers. By permittting LMS offerings to be structured as commercial subscriberbased service, we afford licensees a realistic means of underwriting system development.  Y-  x D. Accommodation of Secondary Users in the 902928 MHz Band  Y-x 29. As noted above, there are currently five separate user groups sharing the 902928 MHz band. In addition, the relative hierarchy among these users is well established. The 902928 MHz band is allocated for primary use by the Federal Government for Radiolocation, Fixed and Mobile services and by users of Industrial, Scientific, and Medical (ISM) devices. Use of the spectrum by government fixed and mobile and AVM systems is secondary to both of these uses. The remaining users of the 902928 MHz band, licensed amateur radio operators and users of Part 15 equipment, operate on a secondary basis to all"$ ?0*((<"  Y-other uses, including AVM. In the Notice, we requested comment on whether LMS systems  Y-would be able to share the band with these other classes of users. The Notice also sought comment on whether a warning label should be required on LMS instruction manuals, operator manuals, and brochures to warn potential LMS users that LMS systems are  Y-secondary to Federal Government users and to ISM equipment.b@ T-ԍ Notice at para. 24, 8 FCC Rcd. 2502, 2506 (1993). b The Notice also requested comment on potential alternatives to LMS sharing with other user categories, "short of removing Part 15 users and amateur operations from the band, restricting where such users could operate in the band, or placing stricter limitations on the operation of such users in this  YH-band."AHh Ta -ԍ 8 FCC Rcd 2502, 25062507 (1993), as revised by Erratum, 8 FCC Rcd 3233 (1993).  Y -x 30. The Federal Government and ISM users did not comment on sharing of the band, and LMS manufacturers and users generally did not express concern about continued sharing of the spectrum with either the Federal Government or ISM equipment. The American Radio Relay League (ARRL), however, requests that we provide a primary allocation in a  Y -portion of the 902928 MHz band for amateur operations.tB`  Tx-ԍ See footnote 34, supra. The ARRL requests a primary allocation in the 902904 MHz and 912918 MHz bands. Also, by letter to Chairman, Reed E. Hundt, dated October 4, 1994, ARRL asks that the Commission not extend any substantive accommodation for Part 15 entities that is not extended as well to the Amateur service.t The Interagency Group requests that LMS systems providing electronic toll and traffic management (ETTM) services be given coprimary status with Federal Government and ISM users, claiming that this is required to  Yz-"instill confidence" in ETTM users that their longterm use of this band is assured.OCz0 T[-ԍ Interagency Group comments at 1112. O We do not believe that these considerations warrant disturbing the primary status of Federal Government and ISM operations in relation to other uses of the band. Therefore, under the rules adopted today, LMS licensees will continue to operate on a secondary basis to Federal Government users and ISM equipment. Further, we conclude that no primary allocation for amateur operations in the requested subbands is warranted. Although the ARRL states that  Y-there has been "rapid increases in amateur use",MD  Tq -ԍ ARRL Petition for Rule Making at 3.M that "the Amateur Radio Service is  Y-increasingly looking to the 902928 MHz band,"NEp  T"-ԍ ARRL Petition for Rule Making at 10.N and that "amateur use of the band has  Y-been growing",MF  T%-ԍ ARRL Petition for Rule Making at 9.M the only quantitative support that it provides is that there are 16 known manufacturers of amateur equipment for this band and that there are 20 amateur stations in"F0*(("  Y-Rochester, New York using the band.SG Ty-ԍ ARRL Petition for Rule Making at note 18.S There are, on the other hand, a large number of various uses of this band with quantitatively known combined (and competing) requirements. They include the existence of more than 4 million Part 15 devices and 500,000 nonmultilateration LMS tag readers. ARRL's petition thus fails to adequately justify a change in the allocation status for the Amateur Radio Service in any portion of this band.  Yv- 31. In the Notice, we proposed that a warning label be required on all LMS instruction manuals, operator manuals, and brochures to warn potential LMS users that LMS systems are secondary to Government radiolocation and to ISM equipment and that, as a  Y2-result, such systems may suffer from "undesired operation." Notice at para. 24, 8 FCC Rcd. 2502, 2506 (1993). We have decided not to require such a warning label. Many wireless telecommunications systems operate on spectrum that is also allocated for other uses and are susceptible to varying degrees of interference. We generally do not place warning labels on these systems. To do so in this instance might unfairly label LMS as an inferior service to other similarlysituated services, quite possibly deterring growth of the service and reducing the likelihood of prompt public benefit from its use. Moreover, LMS providers have an inherent incentive to minimize the deleterious effects of interference to provide reliable service and to attract and retain a loyal customer base. We do warn LMS licensees and users, however, that many LMS systems in the 902928 MHz band will be sharing the band with one another, and operating on a secondary basis to Federal Government users and ISM equipment. Systems operating in such an environment are always subject to the possibility of interference, and must comply with our criteria for cochannel sharing where applicable.  Y- x 32. The relationship between LMS, especially multilateration systems, and Part 15 uses of the 902928 MHz band presents more complex issues, as the comments indicate.  Y-There are millions of Part 15 devices in operation throughout the United States today and this number is expected to increase in the future. Because Part 15 devices operate at extremely low power and each has a limited area of operation, the record indicates that they can coexist more easily with nonmultilateration LMS systems, which also operate with relatively short  Yg-range.cHgh T-ԍ Ex Parte Comments of Amtech dated March 29, 1994, at 89.c Conversely, Part 15 commenters generally contend that they will not be able to  YP-effectively share the spectrum with multilateration LMS systems.HI`P T !-ԍ See Ex Parte Comments of Ademco dated March 15, 1994 at 511; Ex Parte Comments of Part 15 Coalition dated August 12, 1994 at 3; Ex Parte Comments of the Ad Hoc Gas Distribution Utilities Coalition dated August 12, 1994 at 7; Ex Parte Comments of Itron dated August 12, 1994 at 1.H These commenters believe that Part 15 devices and multilateration LMS cannot coexist in the same band because the high power multilateration transmissions will overpower and desensitize their low power,""0I0*((-"  Y-unlicensed operations.{J Ty-ԍ See Ex Parte Comments of the Part 15 Coalition dated August 12, 1994, at 4.{ Additionally, Part 15 commenters believe that with unrestricted use of high power services, the noise floor will increase throughout the band. They claim that this increase of noise in the band, without a limitation in the power and location of the multilateration transmissions, would make their sensitive receivers which must accurately  Y-detect lowpower signals obsolete and unusable anywhere in the 902928 MHz band.{Kh T-ԍ See e.g., Ex Parte Comments of Cellnet & KNOGO dated August 19, 1994, at 3.{  Y- Multilateration LMS commenters argue that operation of some Part 15 devices is likely to cause harmful interference to LMS systems. Examples of potential interference sources  Y_-identified by multilateration operators include antishoplifting field disturbance sensors that operate under Section 15.245 of the rules and certain video links that operate under Section  Y1-15.249 of the rules.L1 T -ԍ Letter from AirTouch Teletrac, Pinpoint Communications, Inc., Uniplex and MobileVision, L.P., to Ralph A. Haller, Chief, Private Radio Bureau, dated June 23, 1994. Multilateration parties also contend that harmful interference is likely to be caused by Part 15 devices that either transmit continuous signals or transmit from antennas placed at relatively high outofdoors elevations. On the other hand, multilateration proponents do not believe that interference is likely to be received from any other type of  Y -Part 15 operations.M  T-ԍ See ex parte comments of Teletrac, MobileVision, Pinpoint and Uniplex, dated June 23, 1994 at 5.  Y -x  33. Commenters have suggested a number of solutions to mitigate potential harmful interference, including 1) limiting the permissible uses for the LMS service, 2) moving the LMS service to another band, 3) elevating Part 15 devices to coequal status with LMS systems, 4) retaining existing rules until a joint technical committee can be established to study the feasibility of sharing, and 5) giving amateur operators primary status in a part of  Y5-the band.uN`5 T-ԍ See Ex Parte Comments of Metricom and Southern California Edison Company dated August 12, 1994 at 4; Ex Parte Comments of Symbol Technologies at 34; Ex Parte Comments of Part 15 Coalition dated August 12, 1994 at 67; Petition for Rule Making filed by the American Radio Relay League (ARRL) on January 13, 1994 at 1. u In ex parte comments filed in midAugust 1994, some LMS commenters discussed additional alternatives for continuing to allow Part 15 operations in the 902928 MHz band while seeking to minimize possible interference to LMS operations. These commenters focused on establishing thresholds that would determine whether Part 15 devices were causing harmful interference to LMS systems, based on criteria such as field strength limits, height of outdoor antennas used by Part 15 devices, the directional gain of antennas associated with Part 15 devices, and the existence of field disturbance sensors operating  Y-under Section 15.245 of our rules.O  Te'-ԍ See Further Comments of AirTouch Teletrac, MobileVision and SBMS dated August 12, 1994. Part 15 commenters, however, had little, if any,"O0*(("  Y-support for these types of interference threshold criteria.QP` Ty-ԍ See Ex Parte Comments of ADEMCO, Axxon Corp., C&K Systems, Gas Utilities, ITRON, Metricom & Southern Cal Edison, NavGuard/Summit Telecom, Sensormatic, Symbol Technologies, Tatung Telecom, Teatherless Access, TIA, Uniplex Corp., Utilicom, UTC, WINFORUM and WISE Communications, August 1994.Q  Y-x !34. We recognize the important contribution to the public that both Part 15 technologies and amateur operators provide in the 902928 MHz frequency band. For example, Part 15 devices currently operating in the 902928 MHz band provide valuable services such as automated meter reading, inventory control, package tracking and shipping control, alarm services, local area networks, and cordless telephones. These devices allow businesses to operate more effectively and efficiently, without the regulatory complexities of many licensed services. The amateur service is used by technically inclined private citizens worldwide to engage in selftraining, information exchange, and radio experimentation. It is at the forefront of communications technology and has been instrumental in the development of land mobile systems, hand held radios, and satellite communications. In times of disaster when normal communications are disrupted, amateur systems often alert the world to the disaster and provide assistance in relief operations. By the actions in this proceeding we seek to maximize the ability of Part 15 and amateur operations to coexist with the operation of LMS systems.  Yz-x "35. We also conclude that effective sharing of this band between amateur and Part 15 users and multilateration LMS systems does not require a change in the relative status between these two allocations and uses, as some parties have suggested. Rather, we have decided to balance the equities and value of each use without undermining the established relationship between unlicensed operations and licensed services. Thus, we affirm that unlicensed Part 15 devices in the 902928 MHz band, as in any other band, may not cause  Y-harmful interference to and must accept interference from all other operations in the band;AQ T-ԍ 47 C.F.R.  15.5(b).A persons operating unlicensed Part 15 devices have no vested or recognizable right to  Y-continued use of any given frequency;AR T-ԍ 47 C.F.R.  15.5(a).A and finally, an operator of an unlicensed Part 15 device is required to cease operations upon notification by a Commission representative that the device is causing harmful interference and may not resume operations until the condition  Y~-causing the harmful interference has been corrected.AS~0 T_#-ԍ 47 C.F.R.  15.5(c).A Furthermore, the amateur radio service will retain its status as a licensed, secondary service. "" S0*((<"Ԍ Y-x #36. Amateur and Part 15 operations will continue to be secondary to services with a higher allocation status. They may continue to operate as their licenses and/or the rules permit. To accommodate their concerns about their secondary status in light of multilateration LMS, however, we are adopting rules that define and clarify what constitutes harmful interference from their secondary operations. Harmful interference is defined as "(a)ny emission, radiation or induction that endangers the functioning of a radio navigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a  Y`-radiocommunication service operating in accordance with this chapter."eT` T-ԍ 47 C.F.R.  15.3(m). See also 47 C.F.R.  2.1.e To promote cooperative use of the 902928 MHz band we are elaborating on this standard to define what  Y2-is not harmful interference from both amateur operations and unlicensed Part 15 devices to multilateration LMS systems. This "negative definition" will promote effective use of the 902928 MHz band by the various services by clearly establishing the parameters under  Y -which licensed Amateurs and unlicensed users of Part 15 devices may operate without risk of being considered sources of harmful interference to services with a higher allocation status. Part 15 and amateur operators who voluntarily operate within the following parameters will not be subject to harmful interference complaints from multilateration LMS systems at 902 Y-928 MHz. Thus, we are adopting rules that provide that a Part 15 device will not be deemed  Yz-to be causing interference to a multilateration LMS system if it is otherwise operating in accordance with the provisions of 47 C.F.R. Part 15 and it meets at least one of the following conditions: Xx(a) it is a Part 15 field disturbance sensor operating under Section 15.245 of the rules  Y-and it is not operating in the 904909.750 or 919.750928.000 MHz subbands;Uh T -ԍ SBMS and MobileVision stated they supported this field disturbance sensor limitation as an interference determinant. See Ex Parte Comments of SBMS dated August 12, 1994, and Ex Parte Comments of MobileVision dated August 12, 1994. Multilateration entities concur that the majority of interference complaints from Part 15 devices concern field disturbance sensors and long range  T-video links. See the LMS Consensus Position on Part 15 Interference dated June 22, 1994; see also the Ex Parte Letter from Teletrac to the Chief, Private Radio Bureau, dated June 21, 1994. or (# Xx(b) it does not employ an outdoor antenna; or(# x(c) if it does employ an outdoor antenna, then if x` ` (1) the directional gain of the antenna does not exceed 6 dBi, or if the(#` XxX` ` directional gain of the antenna exceeds 6 dBi, it reduces its transmitter output  YO-power below 1 watt by the proportional amount that the directional gain of the  Y8-antenna exceeds 6 dBi;GV8@ T)&-ԍ See 47 C.F.R. Section 15.247.G and (#` x` ` (2) either"! V0*((-"ԌXxX` ` X (A) the antenna is 5 meters or less in height above ground; or (# XxX` ` X (B) the antenna is more than 5 meters in height above ground but less than or equal to 15 meters in height above ground and either:(# XxX` ` X X(i) adjusts its transmitter output power below 1 watt by 20 log  Y-(h/5) dB, where h is the height above ground of the antenna in meters; or (# XxX` ` X X(ii) is providing the final link for communications of entities eligible under Subparts B or C of Part 90 of the rules.(# Amateur operations in this band meeting these same parameters concerning antenna location, gain, and height as well as transmitter output power will also not be considered as sources of harmful interference. Conversely, Part 15 and Amateur operations not meeting these  Y -parameters and seriously degrading, obstructing or repeatedly interrupting the operation of a multilateration system, will be deemed to be causing harmful interference and, thus, upon Commission notification, be required to cease operations until the condition causing the interference has been corrected. We emphasize, however, that Part 15 or Amateur use is not restricted from operating beyond these parameters. Part 15 and Amateur operations can continue to operate as long as interference is not caused and are limited only by the technical parameters contained in the rules applicable to their respective services.  Y4-x $37. We agree with SBMS that the appropriate threshold for determining that Part 15  Y-devices are presumptively not causing harmful interference to multilateration LMS systems is whether they are operating above 1 watt, because 1 watt "is approximately the level at which some current LMS devices transmit, and is well above most cordless phones and other  Y-personal Part 15 devices."ZW TR-ԍ Ex Parte Comments of SBMS dated August 12, 1994.Z Under our rules, the transmitter output power of a Part 15 device is not permitted to be more than 1 watt. An antenna less than 5 meters in height driven by a transmitter with 1 watt or less of output power will only affect LMS operations that are relatively close. A higher antenna, however, has the capability to affect a larger number of LMS operations. This is why, between 5 and 15 meters, we adopt the stated formula to adjust the Part 15 transmitter output power. This assures that between 5 and 15 meters an outdoor antenna has the equivalent effect on multilateration LMS operations of a 5meter antenna using no more than 1 watt transmitter output power. (We have not applied this sliding power reduction scale to devices directly serves public safety and special emergency eligibles so as to minimize the effect on communications involving the safety of life or property.) Height and transmitter power alone, however, are not the only components of a transmitted signal. The directional gain of the antenna also affects the radiated power, and thus the signal strength at the affected receiver. "If a 6 dBi antenna is used, pointing in the direction of the LMS site, then the received signal level, at the LMS site, will be 6 dB  Y"-higher than if a 0 dBi antenna were used."vX"h T&-ԍ Ex Parte Comments of MobileVision dated August 12, 1994, at Annex 1, page 4.v We conclude, therefore, that use of a Part 15 outdoor antenna with a directional gain of equal to or less than 6 dBi, or a Part 15 outdoor"#X0*(($" antenna with a directional gain of greater than 6 dBi having a proportional transmitter output power reduction, constitutes an appropriate threshold at which there is little likelihood of desensitization of the receiver(s) at an LMS site. Finally, because multilateration entities concur that most Part 15 interference to multilateration LMS systems is likely to be from  Y-field disturbance sensors and long range video links,Y T-ԍ See the LMS Consensus Position on Part 15 Interference dated June 22, 1994; see also the Ex Parte Letter from Teletrac to the Chief, Private Radio Bureau, dated June 21, 1994. we will not make any presumption of interferencefree operations for these devices when they operate in exclusiveuse bands.  Y_-x %38. In view of the technical diversity of the many LMS systems in existence and the multiplicity of Part 15 devices that will eventually be placed in operation, we conclude that the above standards will not provide solutions to all interference problems, and this agency may not be able to resolve all interference problems that may arise between unlicensed Part 15 and LMS systems. As such, multilateration LMS systems that experience interference from an amateur or Part 15 transmission may face two different scenarios. Under the first scenario, where the interference is from an amateur or Part 15 system operating within the parameters set forth in paragraph 36, the interference is not considered to be harmful. The multilateration LMS system experiencing the interference has no recourse by way of complaint to the Commission. It may only attempt to resolve the interference by modifying its own system or by obtaining the voluntary cooperation of the amateur operator or Part 15 user. Under the second scenario, where the interference is from an amateur or Part 15  YL-transmission that does not fall within the parameters set forth in paragraph 36, the multilateration LMS system experiencing the interference may have recourse by way of  Y-complaint to the Commission if voluntary measures fail to resolve an interference problem.Z@ T-ԍ See footnote 210 for a discussion of the nature of harmful interference to an LMS system. To assure that our limited resources are used efficiently and effectively, the complaint must identify the exact source of the interference. A Part 15 user that is causing harmful interference may resolve such a complaint by voluntarily adhering to the parameters stated above. Alternatively, the Part 15 user causing harmful interference may choose other courses of action, including: (1) reducing power sufficiently to avoid causing harmful interference; (2) lowering antenna height sufficiently to avoid causing harmful interference; (3) changing antenna directionalization to avoid causing harmful interference; (4) any combination of 13; (5) reaching an accord with the complaining LMS system; or (6) terminating operations. We do not envision readily solving all interference problems because of the technical diversity of the many LMS systems in existence and the multiplicity of Part 15 devices in operation, but believe that the vast majority of equipment and services can operate successfully in this band.  Y-x &39. We believe that the procedures described above afford the best opportunities for amateur, Part 15 and multilateration LMS operations to coexist in the 902928 MHz frequency band. Manufacturers of Part 15 devices whose equipment may cause harmful interference to multilateration systems may choose to restrict the operating frequency of their""Z0*((#" devices to the 902904 and 909.750919.750 MHz subbands that will not be occupied by multilateration systems. Additionally, the 24002483.5 MHz band may prove to be useful to  Y-Part 15 operations that may not be accommodated successfully in the 902928 MHz band (see  Y-discussions of the 24022417 MHz band in the Notice of Proposed Rulemaking in ET Docket 9432).  Xv- x E. Spectrum Allocation Plan  YH-x '40. Currently, LMS systems can be licensed on a permanent basis at 904912 and  Y2-918926 MHz and on a developmental basis at 903904 and 926927 MHz.g[2 T -ԍ See Section 90.239 of the Rules, 47 C.F.R.  90.239.g In the Notice, we proposed that LMS systems be licensed on a permanent basis throughout the 902928 MHz band, and that the band be divided into five subbands: 902904, 904912, 912918,  Y -918926, 926928 MHz.Z\ h T-ԍ Notice at para. 15, 8 FCC Rcd 2504 (1993).Z We further proposed that multilateration systems be licensed in the 904912 and 918926 MHz subbands and that nonmultilateration systems be licensed in  Y -the 902904, 912918, and 926928 MHz subbands.3]  Tx-ԍ Id.3  Y- x(41. Most entities providing or developing LMS systems support licensing LMS  Y{-systems throughout the 902928 MHz band.^{ T-ԍ See Teletrac comments at 20; MobileVision comments at 2932; Mark IV comments at 6; Location Services comments at 45; AT/comm comments; Hughes comments at 67; Amtech comments at 2; Pinpoint comments at 23; and SBMS comments at 10. Part 15 and amateur operators uniformly oppose our proposal to expand LMS use to all of the 902928 MHz band. The Part 15 Coalition originally proposed that LMS systems be restricted to the existing two 8 megahertz bands and that each multilateration system be authorized for only 4 MHz each. Other commenters, such as NATA, DAC, and the Alarm Industry, propose that the total amount of  Y-spectrum for all LMS services be reduced to 8 MHz.p_ T-ԍ NATA comments at 12; DAC comments at 14; Alarm Industry comments at 9.p AT&T proposes that LMS systems be licensed only in the two 8 megahertz subbands currently allocated for LMS and that the rules be changed to eliminate multilateration systems, permitting only nonmultilateration  Y-systems in the bands.<`  T #-ԍ Comments of AT&T. <  X-  Y-x)42. Teletrac, MobileVision, Location Services, and SBMS support our proposal to"8 `0*(("  Y-create separate subbands for multilateration and nonmultilateration systems.a Ty-ԍ See Teletrac comments at 20; MobileVision comments at 29; Location Services comments at 5; and SBMS comments at 10 [SBMS supports further dividing the subbands proposed for use by  T)-multilateration systems]. Amtech and Pinpoint advocate shared use of the entire 902928 MHz band by both multilateration and nonmultilateration systems to maximize the capacity of multilateration systems and provide  Y-sufficient spectrum for nonmultilateration systems requiring larger amounts of spectrum. b T-ԍ Pinpoint comments at 9; Amtech comments at 714. Amtech, in its August 12, 1994 comments, indicates that ". . . at a minimum, the rules should accommodate the use of two 6 MHz channels for readwrite tages." Comments at 2.  Texas Instruments/MFS proposes that multilateration systems be allocated only one 8  Y-megahertz subband and that the rest of the band be available for nonmultilateration use.ch T -ԍ Texas Instruments Incorporated/MFS Network Technologies, Inc. (TI/MFS) comments at 1113. IVHS America and the DOT support our proposed division of the band, but would also permit multilateration and nonmultilateration systems to have immediate access to each other's spectrum on a secondary basis and, after six years, would allow any unlicensed spectrum to be available for primary use by either multilateration or nonmultilateration  Y -systems.cd  T-ԍ IVHS America comments at 20; DOT reply comments at 1617.c Mark IV and the Interagency Group would permit only electronic toll and traffic management (ETTM) systems to have access on an equal basis with multilateration systems  Y -on the proposed multilateration spectrum.{e  T-ԍ See Interagency group comments at 1112; and Mark IV reply comments at 68.{ Several commenters have submitted studies to illustrate the difficulties that multilateration and nonmultilateration systems would have in  Y -sharing the same spectrum.vf  T-ԍ Teletrac comments at Appendix 2; MobileVision reply comments at appendix 3.v Only two commenters, Amtech and Pinpoint, claim that such  Y -sharing is feasible and present a detailed sharing plan.g`  T-ԍ See Amtech comments at 1735; and Pinpoint comments at 939. Although Mark IV supports permitting coequal access to spectrum for multilateration and at least ETTM nonmultilateration systems, it does not provide a detailed sharing plan and does not evaluate the effects that nonmultilateration systems would have on multilateration systems.  Yy-x *43. In addition to requesting comment on the appropriate use of spectrum in the 902928 MHz band for multilateration and nonmultilateration LMS systems, we also made proposals and solicited comment on how multilateration systems, in particular, should be licensed. Specifically, we proposed that multilateration systems be licensed on a shared basis in the 904912 and 918926 MHz bands and that licensees be responsible for coordinating"g0*(("  Y-among themselves to avoid interference.`h Ty-ԍ Notice at para. 65, 8 FCC Rcd 2502, 2506 (1993).` We also offered an alternative that systems be licensed on an exclusive basis for five years, after which licensing would be on a shared  Y-basis with any new licensees required to protect incumbents.3ih T-ԍ Id.3  X-  Y-x+44. Several multilateration parties oppose our proposal to license these systems on a shared basis, claiming that it is not technically or economically feasible to share spectrum on  Yw-a coequal basis with other multilateration licensees.j8w T0 -ԍ Comments of Teletrac at 2439; Comments of MobileVision at 3336; Comments of Southwestern Bell Mobile Systems (SBMS) at 1214; and Comments of Location Services at 4. We hereby grant SBMS's Motion to Accept Supplement to Reply Comments because it serves the public interest and best ensures the proper dispatch of Commission business to develop a full and complete  T-record in this proceeding. See 47 U.S.C.  154(j). Two commenters that are developing multilateration systems, Pinpoint and Uniplex, support shared licensing, albeit on a limited  YI-basis.kI  T-ԍ See Comments of Pinpoint at 920; Ex Parte Comments of Pinpoint dated August 3, 1994; Ex Parte Comments of Uniplex dated September 30, 1994 (supporting Pinpoint's August 3, 1994 position). SBMS, while opposing shared use of spectrum for multilateration systems, would divide the two 8megahertz bands into four 4megahertz bands licensed on an exclusive  Y -basis.Bl X  T$-ԍ SBMS comments at 1214.B The commenters agree that sharing of spectrum among multilateration licensees  Y -would require the use of an interference avoidance measure, such as time sharing.Lm  T-ԍ See Pinpoint comments at 17.L Time sharing would reduce system capacity since it requires the use of guard bands and other additional system overhead that represent additional uses of capacity that do not contribute to  Y -the content of the message.mn  T-ԍ See Ex Parte Comments of SBMS dated March 29, 1994, at 1617.m With each addition of a new multilateration system, the quality of service provided by incumbent operators would diminish due to increases in system  Y-delays and time required for a subscriber to access the system.o8 Tz!-ԍ See Ex Parte Comments of Teletrac dated March 15, 1994, at 2, Ex Parte Comments of SBMS dated March 29, 1994, at 1617. In a shared environment, the multilateration interference tolerance threshold would be more likely to be violated, causing the time of arrival to be distorted for the return signal and therefore, not accurately  YL-providing location services.~pL T&-ԍ See Comments of MobileVision at 334, Reply Comments of MobileVision at 1213.~ Finally, if there is more than one multilateration system using the same frequency band, it would be extremely difficult to have adequate power control"5Pp0*((G" among users from disparate systems. Without adequate power control, overall system  Y-capacity would suffer.q Tb-ԍ See Ex Parte Comments of SBMS dated October 19, 1994, Final Report of the Mobile and Portable Radio Research Group at 35. Sharing could also require the establishment of standards to which all of the systems would have to conform. With different technologies employed by the various systems being proposed, we are not in a position, nor are we inclined, to set such standards. For these reasons, we conclude that sharing in the multilateration segment of this  Y-service is neither practical nor desirable from either a technical or regulatory standpoint.   Y_- x,45. Some commenters also provided economic analyses of the impact of sharing on  YI-competition in the multilateration LMS market over the longterm.rI@ T: -ԍ See Comments of North American Teletrac and Location Technologies, Inc. (Teletrac), Reply comments of Mobilevision, L.P., Pinpoint Communications, Inc., and supplemental reply comments of SBMS.  Teletrac opposed sharing, pointing to various substantial fixed costs and technical difficulties to argue that a market with open entry to shared spectrum would not necessarily sustain more than two firms. Teletrac suggested that the close coordination among licensees needed to make sharing spectrum successful could inhibit vigorous competition. Teletrac also argued that exclusive licensing would not allow licensees to exercise market power because of the availability of alternative location services. SBMS, on the other hand, argues that sharing may be economically beneficial because it would encourage competition and technical innovation. SBMS also expressed concern that exclusive spectrum assignments would make the multilateration LMS market a natural monopoly.  YL-x -46. We believe that both multilateration and nonmultilateration systems will play an important role in achieving a nationwide ITS infrastructure and that a sufficient amount of  Y-spectrum must be available to enable both types of systems to develop.fs T`-ԍ IVHS America comments at 1315; DOT reply comments at 1215.f We also agree with commenters that to enable both multilateration and nonmultilateration systems to develop effectively, we should create separate allocations for the two types of systems to the  Y-extent possible.pt`0 T-ԍ MFS/TI, in its August 12, 1994 comments suggests that multilateration use, ". . . even on a secondary basis [to nonmultilateration use] would prove to be unworkable in daytoday operations" and could ". . . present an untenable situation for nonmultilateration systems with primary use over the band." Comments at 8 and 9.p Further, we believe that, for the most part, nonmultilateration systems can share spectrum with one another if they are separated from multilateration operations  Y-(see paragraph 66, infra). Once separated, as discussed earlier, we believe that there are technical, operational and economic justifications supporting our decision to provide  Y~-exclusive spectrum for exclusive assignments for multilateration systems. "gX t0*((l"Ԍ Y-x .47. Accordingly, we adopt a spectrum plan that: 1) allocates the entire 902928 MHz frequency band for LMS systems, generally separating multilateration and nonmultilateration operations; 2) allocates spectrum for nonmultilateration systems licensed on a shared basis; and 3) allocates spectrum that may be authorized exclusively to a single multilateration licensee.  Xw-  Spectrum Plan for the 902928 MHz Band  YI-x|  | | | | | | | | (#(#X  Y2- A B C D E #c PE37P#F G H#Xw PE37/XP#  Y -XxA:X` ` 902.000 904.000hhNonMultilateration(#h  Y -XxB:X` ` 904.000 909.750hhMultilateration(#h  Y -XxC:X` ` 909.750 919.750hhNonMultilateration(#`  Y -XxD:X` ` 919.750 921.750hhMultilateration and NonMultilateration(#h  Y -XxE:X` ` 921.750 927.250hhMultilateration(#h  Y-XxF:X` ` 927.250 927.500hhNarrow band associated with subband E(#h  Yz-XxG:X` ` 927.500 927.750 hhNarrow band associated with subband D(#h  Yc-XxH:X` ` 927.750 928.000 hhNarrow band associated with subband B (#h  Y5-#Xw PE37/XP# /48. Bands B, D and E will be assigned on an exclusive basis to multilateration systems. Bands A, C and D will be licensed on a shared basis to nonmultilateration systems. Licensees of Bands B, D and E will be assigned narrow bands H, G and F,  Y-respectively. We believe this allocation scheme will significantly increase the diversity of use in the entire 902928 MHz band, as described below, in furtherance of the public  Y-interest. Specifically, the plan provides opportunities for implementation and operation of multiple multilateration technologies and service providers through the allocation of three  Y-blocks of spectrum (Bands B and H; E and F; and D and G).u T-ԍ Previously, two 8 megahertz bands had been available for use by multilateration systems.  T-See 47 C.F.R.  90.239(c). The comments indicate that  Y~-some multilateration systems can operate in roughly 2 MHz,`v~@ To-ԍ Ex Parte Comments of SBMS dated August 12, 1994, at 5.` others require 46 MHz,dw~ T -ԍ See, e.g., Comments of Teletrac and Mobile Vision. d  Yg-and still others need more spectrumxg T"-ԍ See, e.g., Ex Parte Comments of Pinpoint, June 27, 1994, at 4 and note 4. to provide effective LMS service. Through this licensing plan, it is our intent to provide a framework for each of these technologies to flourish. For example, systems requiring 2 MHz could be accommodated in Bands D and G, those requiring 46 MHz can be accommodated in Bands B and H or Bands E and F, and those requiring additional spectrum will be permitted to aggregate bands to obtain up to a total of 8 MHz in a given region through the aggregation of Bands D and G and Bands E and" x0*(( "  Y-F.y Ty-ԍ Licensees may not be authorized to operate on more than one of the multilateration bands in a given MTA, except that they will be permitted to aggregate Bands D and G and Bands E and F.  Y-x 049. The plan also accommodates the needs of nonmultilateration systems by providing a total of 14 MHz for such systems rather than the 10 MHz of spectrum proposed  Y-in the Notice (see footnote 98, supra). Of this 14 MHz, 10 MHz is contiguous spectrum at 909.750919.750 MHz that is not shared with multilateration systems, which should address  Yw-the spectrum requirements of most nonmultilateration systems.z`w@ Th -ԍ Mark IV has indicated that its nonmultilateration systems can operate in the 912918 MHz range. Comments of Mark IV dated June 29, 1993, at 810. MFS/TI has indicated that "it may be possible for AVI (nonmultilateration) technologies to operate in as little as 10 MHz of (contiguous) bandwidth." Comments of MFS/TI dated August 12, 1994, at 8.  In addition, nonmultilateration systems may obtain up to a 12 MHz block of contiguous spectrum by also using the 2 MHz of spectrum at 919.750921.750 MHz (Band D). Although this 2 MHz block will be shared on a coequal basis with multilateration systems, it will nonetheless provide opportunities for nonmultilateration systems that require additional spectrum to  Y -operate effectively.e{ h T-ԍ See Amtech comments at 9. Amtech states that twoway data transmission between a moving  T-vehicle and a fixed location will require large bandwidths. See also TI/MFS ex parte comments filed  T-December 2, 1993, at 5 and Hughes comments at 6. e  X - x F. Geographic Areas for Exclusive Licenses  Y -x 150. In the Notice, we sought comment on how to license spectrum to multilateration  Y-LMS systems.|  T-ԍ See Notice of Proposed Rule Making, PR Docket No. 9361, 8 FCC Rcd 2502 (1993) at paragraph 21. In the Notice of Proposed Rulemaking in PP Docket No. 93253, we asked for comment on the appropriateness of awarding LMS licenses through competitive  Yd-bidding.}d0  TE-ԍ See, Notice of Proposed Rule Making, PP Docket No. 93253, 8 FCC Rcd 7635, para 145, n. 153 (1993). Finally, after adopting the Notice in this docket, we sought specific comment on certain alternative licensing aspects, such as the use of Basic Trading Areas (BTAs) in  Y6-defining the license service area.~6 T#-ԍ See Public Notice, DA 94129, PR Docket No. 9361, 59 Fed.Reg. 7239 (February 15, 1994).   Y- x 251. Teletrac favors BTAs over MSAs/RSAs for multilateration LMS licensing "because the coverage area customers seek for tracking and emergency services extends" ~0*((" beyond city limits to the broader metropolitan area where people are likely to commute,  Y-conduct business, or routinely drive."a Tb-ԍ Comments of PacTel Teletrac dated March 15, 1994, at 8.a SBMS favors MSAs/RSAs over BTAs because, it claims, (1) the Commission has had favorable experience with MSAs/RSAs in licensing cellular systems, (2) BTAs do not coincide with cellular service areas, to the detriment of cellular entities that are wouldbe LMS providers, (3) MSAs/RSAs are widely known and easily ascertainable, and (4) no private party or entity has ever attempted to control  Yv-dissemination of maps or listings which depict or define these areas.vh T -ԍ Comments of SBMS dated March 15, 1994, at 5. SBMS makes reference to "PCIA, Rand McNally Settle OutofCourt On Use of BTA/MTA Listings," Washington Telecom Week, February 18, 1994, at 23. SBMS also argues that allowing existing licensees to expand to the borders of their BTAs could have anti YH-competitive implications.ZH T-ԍ Comments of SBMS dated March 15, 1994, at 1416.Z Symbol Technologies believes that choosing BTAs for LMS would result in a congruency of service areas for LMS and PCS that would allow LMS  Y -providers to be de facto PCS providers and directly compete with PCS. X T#-ԍ Comments of Symbol Technologies, Inc. in Response to the Public Notice of February 9, 1994, at 78 (note 9).  X -  Y -x352.  We generally agree with Teletrac's view that the geographic scope of LMS systems logically correlates to areas in which there are centers of consumption of durable goods. We also find, however, that LMS has the potential to serve larger areas; vehicle location and monitoring will be useful for the individual motorist and for fleets of vehicles, and for shortrange travel as well as longrange travel. For this reason, we conclude that Major Trading Areas (MTAs) as defined in the 1993 Rand McNally Commercial Atlas and  Yc-Marketing GuideMc  T-ԍ See footnote 23, supra.M and four additional MTAlike service areas,Ncp  T-ԍ See footnote 24, supra. N unlike the smaller BTAs, provide a more suitable regulatory construct for multilateration licensing. While it is clear that multilateration systems will benefit from being centered upon areas of commerce and trade, use of MTAs will give systems greater capacity to accommodate large numbers of prospective users of location services. This will promote competition, encourage the advancement of new technologies, and result in better and speedier service to the public.  Y- We will thus provide for one exclusive multilateration system license in each MTA in the subbands identified for exclusive assignments (i.e., Bands B and H, D and G, and E and F). Multilateration licensees on these exclusive assignments will be allowed to construct stations anywhere within their MTAs, subject to technical and operational considerations discussed in  Y}-paragraph 8798, infra. "f 0*(({"Ԍ X- xG . Competitive Bidding for Exclusive Multilateration LMS Licenses  Y-x453. In response to the Notice of Proposed Rule Making in PP Docket No. 93253, we received comment on the issue of whether mutually exclusive applications for AVM  Y-systems should be resolved by competitive bidding.  T-ԍ Several commenters to that proceeding oppose grant of nonmultilateration licenses by  T-competitive bidding. See, e.g., Comments of Hughes Transportation Management, Interagency Group and Amtech.  Teletrac and SBMS oppose use of competitive bidding to license in this service. These parties contend that the statutory requirement that auctionable spectrum be exclusively assigned and principally used to serve paying subscribers is not met because LMS operations are secondary to ISM and Federal Government use of the band. Amtech and Pinpoint, who oppose competitive bidding for LMS licenses for other reasons, argue that LMS's secondary status does not in and of itself statutorily preclude competitive bidding.  Y -x 554. In the Second Report and Order in PP Docket No. 93253, we concluded that it was premature to authorize competitive bidding for AVM systems during the pendency of PR Docket No. 9361, because "the likelihood of mutually exclusive applications" was unknown  Y -or was debated by the commenters.  Tr-ԍ See Second Report and Order, PP Docket No. 93253, 9 FCC Rcd 2348, 23512, (1994). However, in light of our decision to grant exclusive multilateration LMS licenses within three subbands, and because they will be used to offer forprofit, subscriberbased services, we conclude that competitive bidding should be used to grant exclusive licenses where mutually exclusive applications are accepted for filing. Use of competitive bidding in such cases meets the general statutory criteria for auctioning licenses  Y6-set forth in Section 309(j)(2) of the Act.6 T-ԍ See 47 U.S.C.  309(j)(2). See also H.R. Rep. 111, 103d Cong. 1st Sess. 254 (1993). The statute permits auctions where: (1) mutually exclusive applications for initial licenses or construction permits are accepted for filing by the Commission; (2) the principal use of the spectrum will involve, or is reasonably likely to involve, the receipt by the licensee of compensation from subscribers in return for enabling those subscribers to receive or transmit communications signals utilizing the licensed frequencies; and (3) the public interest objectives of Section 309(j) would be served by  Y-subjecting mutuallyexclusive applications in the service to competitive bidding.X T -ԍ A comprehensive discussion of these principles for determining whether licenses may be  T!-auctioned is set forth in the Second Report and Order in PP Docket No. 93253, 9 FCC Rcd 2398 (1994) at paras. 1167.   Y~-x 655. We conclude that the above requirements are satisfied, thus making competitive bidding available for licensing within certain band segments. First, in accordance with the statute, the licensing scheme we adopt herein allows for mutual exclusivity among applicants for initial licenses. Specifically, we have rejected the option of allowing multilateration LMS": 0*((L" systems to operate in an unlimited shared use environment and have instead decided to grant only one licensee the use of each of three subbands for multilateration LMS in each MTA.  Y-(see paragraphs 4446, supra) We do not believe that the likely existence of some  Y-grandfathered AVM multilateration operations alters this conclusion. See para. 61, infra. Because no more than one multilateration licensee will be permitted in any single subband in an MTA (hereinafter "MTA licensee"), we anticipate that mutually exclusive applications will be filed. We also conclude that the use of the spectrum by other services does not preclude the applicability of the competitive bidding process. Shared spectrum for which we exclude competitive bidding is "where mutual exclusivity between applications cannot exist because channels must be shared by multiple licensees.... [W]e proposed to exclude these  Y -services from competitive bidding because there can be no mutual exclusivity."  T -ԍ In the Matter of Implementation of Section 309(j) of the Communications Act Competitive Bidding, Second Report and Order, PP Docket No. 93253, 9 FCC Rcd 2348 at para. 13 (1994). That is not the case here, where in all likelihood there will be mutually exclusive applications for each exclusive MTA license. The relevant statutory prerequisite, as set forth in Section 309(j) of the Budget Act, is that "mutually exclusive applications are accepted for filing." This  Y -standard does not require that the relevant spectrum be completely unoccupied by other services.  Yy-x 756. Second, as the statute requires, the "principal use" of the spectrum is reasonably likely to involve MTA licensees receiving compensation from subscribers in return for those subscribers receiving or transmitting signals. We have concluded that this requirement allows us to evaluate classes of licenses, rather than individual licenses, in determining the  Y-"principal use" of spectrum.@ T-ԍ See Second Report and Order in PP Docket N. 93253, FCC 9461, 9 FCC Rcd 2348 at para. 34 (1994). Thus, while MTA licensees may be secondary in the band to government and ISM operations, the "principal use" test, as we have interpreted it, permits us to conclude that the principal uses of multilateration LMS are primarily subscriberbased  Y-offerings.[ TB-ԍ Comments of Pinpoint at 5; Comments of SBMS at 4.[  Y-x 857. In addition, we believe that use of a competitive bidding procedure for the licensing of these services satisfies the public interest objectives for auctioning set forth in Section 309(j)(3)of the Act. Specifically, use of competitive bidding to award MTA licenses, as compared to other licensing methods, will speed the development and deployment of new services to the public with minimal administrative or judicial delays, and encourages efficient use of the spectrum as required by Section 309(j)(A) and (D). Furthermore, in accordance with Section 309(j)(3)(B), we believe that competitive bidding will promote access to multilateration services and technologies and disseminate licenses among a wide variety of applicants by encouraging participation by all interested or qualified bidders. Finally, we conclude that competitive bidding will recover for the public a portion of the value of the" X0*(( " spectrum, as envisioned in Section 309(j)(3)(C). Specific rules and procedures for competitive bidding for this spectrum, including rules and procedures for designated entities,  Y-will be established in a separate proceeding. We will not accept applications for multilateration LMS licenses until after these rules and procedures have been established.  X-x H. Construction Period for LMS Systems  Y_-x 958. In the Notice, we proposed that LMS systems be constructed and placed in operation within eight months of the date a license is granted, which is the current standard  Y2-for AVM licensees under Part 90.2 T -ԍ Notice at para. 26, 8 FCC Rcd. 2502, 2507 (1993). See 47 C.F.R.  90.155. The majority of commenters that addressed this issue support our proposal so long as provision is made for extended implementation periods for  Y -local governments or especially large and complex systems. h T-ԍ Hughes comments at 15; Amtech comments at 3536; Mark IV comments at 14; IVHS America comments at 19; Interagency Group comments at 10. MobileVision supports a fiveyear construction period with construction benchmarks for multilateration systems but states  Y -that eight months is appropriate for nonmultilateration systems.I  Tg-ԍ MobileVision comments at 4649.I SBMS supports a 12 Y -month construction period.>  T-ԍ SBMS comments at 22.>  Y-x :59. Most nonmultilateration installations use relatively few transmitters in a limited number of locations. Accordingly, we shall retain the current requirement that these systems be constructed and placed in operation within eight months. We will consider a nonmultilateration LMS system to be constructed and placed in operation if at least one base station has been constructed and the system is providing service to at least one mobile radio unit. As they may do currently, a local government entity requiring more than eight months to construct a nonmultilateration LMS system because of the system's size and complexity can request extended implementation in accordance with Section 90.155(b) of our Rules.  Y-x ;60. We recognize that multilateration LMS systems, because they will be licensed on an MTA basis, will likely be larger and more complex than nonmultilateration LMS systems. Rather than imposing benchmarks and reporting requirements on these systems for  Y-all or part of their license term, we will require a multilateration LMS licensee authorized to operate throughout an MTA to construct a sufficient number of base stations that utilize multilateration technology to provide multilateration location service to a substantial portion  Y:-of at least one BTA in that MTA within twelve months after initial authorization.-:  T &-ԍ This requirement is comparable to the substantial service requirement for 10 MHz PCS  T&-licensees set forth in Memorandum Opinion and Order, GEN Docket No. 90314, 9 FCC Rcd 5108,"&0*(( '"  155 (1994).- LMS":!h0*((L"  Y-systems not constructed and placed in operation in a timely fashion (i.e., within 8 months for nonmultilateration systems and within twelve months, as described above, for multilateration systems) will cancel automatically.  Y-x I. Grandfathering Provisions for Existing Multilateration AVM Licensees  Yw-x <61. As of February 3, 1995, we will no longer accept applications for the operation of multilateration LMS systems in the 904912 and 918926 MHz bands under our current rules. To ensure that our new licensing scheme does not impose undue hardship on existing, operating multilateration AVM systems, we will adopt certain grandfathering provisions which will allow them to continue to operate their systems under the current rules. We will also confer grandfathering provisions on multilateration AVM licensees who have not yet constructed their systems so that such licensees may construct and operate their licensed  Y -stations under our newly adopted rules.  Y -x =62. A grandfathered multilateration AVM station will be considered constructed and placed in operation if it is built in accordance with its authorized parameters and is regularly interacting with one or more other stations to provide location service, using multilateration technology, to one or more mobile units. See 47 C.F.R.  90.155. Specifically, LMS multilateration stations will only be considered constructed and placed in operation if they are part of a system that can interrogate a mobile, receive the response at 3 or more sites, compute the location from the time of arrival of the responses and transmit the location either back to the mobile or to a subscriber's fixed site. A grandfathered multilateration AVM station will receive no protection or exclusivity based upon mileage separation or service area criteria, but instead will operate on a coequal shared basis with stations of any other grandfathered licensee or the exclusive MTA licensee operating in the same subband. We  Y-have concluded that sharing of spectrum among unlimited numbers of multilateration  Y-licensees is not technically feasible (see paragraph 44, supra), and thus we have not adopted rules that would permit the sharing of spectrum among multiple multilateration systems over an entire MTA. However, given the very small number of multilateration licensees currently authorized, in any given MTA there will ultimately be, at most, one or two grandfathered licensees operating in the same spectrum as the eventual MTA licensee. In such limited cases, we expect cooperative arrangements for sharing among these licensees to be reached. Where this is not possible or achieved, MTA licensees may build their systems in areas geographically removed from grandfathered stations, or may attempt to acquire existing systems from the grandfathered licensee(s) in their licensed area.  Y!-x >63. To attain grandfathered status, existing multilateration AVM licensees must file,  Y"-within thirty days of the effective date of the rules adopted in this Report and Order, applications to modify their licenses to comply with the new band plan. These applications to modify must identify which new subband or subbands (i.e., Band B and H, Band D and"l$"h0*((%" G, or Band E and F) they intend to operate their licensed multilateration AVM stations in, once their applications to modify have been authorized. We will not restrict multilateration AVM licensees to selecting a particular subband or subbands for their modified authorization, but will permit these licensees to choose the spectrum band(s) not to exceed a total of 8 MHz that best meets with their future LMS requirements. The application to modify a license to comply with the new band plan may also include a modification to specify an alternate site, so long as the alternate site is 2 kilometers or less from the site  Y_-specified in the original license.P_ T-ԍ See generally Implementation of Sections 3(n) and 332 of the Communications Act, Regulatory Treatment of Mobile Services, GN Docket No. 93252, PR Docket No. 93144, PR  T -Docket No. 89553, Third Report and Order, FCC 94212, released Sept. 23, 1994, at para. 356.P Further, at the time that existing multilateration AVM  YH-licensees file these applications to modify, they must certify that either (1) their  Y1-multilateration AVM system has been constructed and is operational as of February 3, 1995,  Y -or (2) that it is not constructed at that time. Multilateration AVM systems that are constructed and operational as described above will be given until April 1, 1998 to convert to the spectrum identified in their modified LMS system license. Such licensees may continue to operate their multilateration AVM systems under either the old rules or the new rules  Y -during the process of converting their systems during this period. Licensees of constructed and operational multilateration AVM systems that do not file applications to modify within this 30day period will be permitted to continue operations under the provisions of Section 90.239 until April 1, 1998 or the end of their original license term, whichever occurs first, at  Yb-which time such licenses will cancel automatically and will not be renewed.  Y4- ?64. Multilateration AVM licensees for stations not constructed as of February 3,  Y-1995 must construct and operate their modified LMS systems on the spectrum identified in their modified LMS system license by April 1, 1996. These licensees will not be allotted the lengthy transition period that licensees of constructed and operational systems are provided (i.e., until April 1, 1998) because they do not have an existing, operating infrastructure that will require this additional time for conversion. Licenses for stations not constructed under  Y-the old rules as of February 3, 1995 will terminate 30 days after the effective date of the new rules unless timely applications to modify are filed. Parties may file applications to modify  Y}-those licenses that they plan to construct by April 1, 1996. 8} TF-ԍ We note that Airtouch and Mobilevision have offered to limit the number of licenses they construct to 20 percent of the unbuilt licenses they hold. While we are not adopting this 20 percent limit, we expect all licensees to file modification applications only for those unbuilt licenses that realistically can be constructed by April 1, 1996. If the number of modification applications submitted significantly varies from the number built, we will consider appropriate measures.  We have provided a transition period that we believe is appropriate for construction and operation for current licensees to attain grandfathered status. Because this spectrum will be subject to competitive bidding, we must balance our wish to accommodate the desired construction schedules of existing multilateration AVM licensees against the need for prospective bidders to be able to evaluate the likely value of the spectrum upon which they will be bidding." # 0*(("Ԍ X-ԙx J. Licensing of NonMultilateration Systems  Y-x @65. We proposed that nonmultilateration systems be licensed in the 902904, 912 Y-918, and 926928 MHz bands.a T5-ԍ Notice at para. 25, 8 FCC Rcd. 2502, 2507 (1993).a Mark IV believes that 6 MHz of contiguous spectrum at  Y-912918 MHz is sufficient for its type of system.fh T-ԍ Comments of Mark IV IVHS Division dated June 29, 1993, at 8.f MFS Network Technologies/Texas Instruments recommend 12 or 14 MHz of contiguous spectrum for nonmultilateration  Yw-systems, but indicate that 10 MHz may be sufficient.w T0 -ԍ Ex Parte Comments of MFS Network Technologies/Texas Instruments dated August 12, 1994. Amtech states that a minimum of 12 MHz of contiguous spectrum is required for nonmultilateration systems, because these systems need 6 MHz wide channels and two such channels are necessary for highspeed  Y2-operation at most toll booth locations.\2 T-ԍ Ex Parte Comments of Amtech dated August 12, 1994.\  Y -x A66. We also proposed that nonmultilateration systems be licensed on a shared basis  Y -with licensees responsible for coordinating use to avoid interference.a H T-ԍ Notice at para. 25, 8 FCC Rcd. 2502, 2507 (1993).a Lockheed proposes  Y -licensing of nonmultilateration systems based on a fixed mileage separation.  Tp-ԍ Lockheed comments at 4. Mark IV supported a fixed milage separation in its comments but modified its support in reply comments. Mark IV comments at 89, reply comments at 8. Mark IV  Y -supports the use of frequency coordinators to coordinate the assignment of spectrum.F `  T-ԍ Mark IV reply comments 810.F NABER proposes that it be designated as the frequency coordinator for nonmultilateration  Y-LMS systems.@  TC-ԍ NABER comments at 67.@ We are adopting our proposal to license nonmultilateration LMS systems on a shared basis because these systems generally cover relatively short distances, and licensing based on a fixed mileage separation would limit reuse of spectrum and thereby limit the potential uses of these systems. We also decline to designate a frequency coordinator for this service. Many nonmultilateration licenses have been issued and many stations have been placed in operation without such a formal coordination process and there appear to be no negative consequences. Considering the limited coverage of these systems and the expanded amount of spectrum available under the allocation plan we have adopted, it should not be difficult for nonmultilateration systems to share their subbands. "$0*(("Ԍ Y-x B67. The Interagency Group, with the support of Mark IV, proposes that local  Y-governments be able to obtain blanket licenses for nonmultilateration systems.p Tc-ԍ Comments of Interagency Group at 12; Reply Comments of Mark IV at 68.p We decline to adopt a blanket licensing scheme for nonmultilateration systems. In a shared use environment, it is important that applicants and other cochannel users know exactly where systems are located if they are to avoid interference. If we issue blanket licenses, it will be difficult for the Commission or the public to ascertain the exact location of LMS transmitters.  YI- xC68. Finally, we proposed that existing nonmultilateration systems licensed to operate in spectrum allocated for use by multilateration systems be required to move their operations  Y -within three years of the effective date of any new rules.V h T5 -ԍ Notice at para. 16, 8 FCC Rcd. (1993).V SBMS and Location Services  Y -support this proposal.W  T-ԍ SBMS comments at 12; Location Services at 5.W Both Teletrac and Amtech favor grandfathering existing nonmultilateration systems, although Teletrac would only do so for systems licensed prior to the  Y -initiation of this proceeding._  T0-ԍ Teletrac comments at 2223; Amtech comments at 3638._  Y - D69. As discussed earlier, we have modified our proposal to provide for shared use of the 902.000904.000 and 909.750921.750 MHz bands by nonmultilateration LMS systems, thus allocating a total of 14 MHz that will be available for nonmultilateration operations. Although a nonmultilateration licensee could be required to share 2 MHz of this spectrum (at 919.750921.750 MHz) with an MTA multilateration licensee, we believe that the benefit to those nonmultilateration systems requiring a minimum of 12 MHz of contiguous spectrum to operate remains substantial and warrants this overlap.  Y-x E70. In addition, because we have concluded that sharing between multilateration and  Y-nonmultilateration systems is generally inadvisable (see paragraph 46, supra), we are requiring that licenses for nonmultilateration systems in spectrum other than the 902.000904.000 and 909.750921.750 MHz bands must be modified by April 1, 1998, to specify operation solely in those bands and to operate consistent with the rules we are adopting by  Y-this Report and Order. This is consistent with our decision to require multilateration systems to relocate their operations within the same time period. Similarly, authorizations not so modified within this period will cancel automatically. "%H0*(( !"Ԍ Y-x K. Multilateration System Operations  Y-x F71. From review of the lengthy record in this proceeding, we have determined that multilateration systems have two distinct methods of operation. One type of multilateration system utilizes a low power, wideband location pulse originating from the mobile units and a high powered, narrowband interrogation and control signal emanating from the fixed/base stations. These systems also utilize narrowband transmissions, within the band that is used for the location pulse, for twoway voice and data communications between fixed/base stations and mobile units. Another kind of multilateration system operates in a different manner, utilizing wideband transmissions for: the location pulse from the mobiles, the interrogation and control signal from the fixed/base stations and the twoway messaging  Y -between the fixed/base stations and the mobile units. As we understand these two types of multilateration systems, there are three basic elements used to accomplish location and monitoring functions: forward links, reverse links and communication links. Forward links originate at the fixed/base site and are used to control and interrogate mobile units. In  Y -contrast, reverse links are signals transmitted from the mobile units or fixed station to fixed/base stations to determine the location of the mobiles or from fixed stations to other fixed/base stations for system synchronization and testing purposes. Communication links connect fixed/base stations and mobile units and are utilized for twoway messaging related to the location or monitoring functions of the system. In addition, multilateration systems use these three basic elements either in what we will refer to as the "narrowband" or the "broadband" portion of the LMS band. The narrowband portion we will define as the 250 kHz subbands (i.e., the subbands 927.250927.500, 927.500927.750 and 927.750928.000 MHz) and we will define the broadband portion as the subbands 904.000909.750, 919.750921.750 and 921.750927.250 MHz. Each of the three basic elements are discussed below in accordance with their location in the narrowband or broadband portion of the LMS band, along with how they are considered in our overall regulation of multilateration systems.  Y~-Narrowband Segment  YP-xa) Narrowband Forward Links  Y"-x G72. In the Notice, we observed that many multilateration systems are designed using  Y -forward links to contact units to be located.`  T -ԍ Notice at para. 19, 8 FCC Rcd 2502, 2405 (1993).` Consistent with existing systems, we proposed that multilateration licensees authorized to operate in the 904912 MHz subband be licensed to operate their forward links in the 250 kHz of spectrum between 924.890 and 925.140 MHz and that multilateration licensees authorized to operate in the 918926 MHz subband be licensed to operate their forward links in the 250 kHz of spectrum between 904.375 and  Y"-904.625 MHz.f"h T&-ԍ Notice at para. 19, 8 FCC Rcd 2502, 2505 (1993).f  Y#- "#&0*(($"Ԍ Y-x H73. Teletrac is the only commenter that supports the proposed location of the forward links, claiming that it will be adversely affected otherwise because its systems now employ  Y-forward links in the manner proposed in the Notice.[ TL-ԍ Teletrac Comments at 51, Reply Comments at 3335.[ MobileVision favors placing the forward links within a licensee's authorized subband rather than in the other multilateration  Y-LMS subband as proposed.Ih T-ԍ MobileVision Comments at 4344.I Location Services proposes keeping the forward links in the  Y-opposite subband but would move the links to the edges of each subband.M TG -ԍ Location Services Comments at 56. M SBMS prefers that the forward links be placed as far from wideband frequencies as practical and assigned  Y`-exclusively.[` T -ԍ Ex Parte Comments of SBMS, dated August 12, 1994.[ Pinpoint prefers a wideband forward link that operates over an entire  YI-multilateration system subband.IH TB-ԍ Ex Parte Comments of Pinpoint dated September 19, 1994, Ex Parte Comments of Pinpoint dated September 15, 1994. Amtech recommends placement of the forward links at the edges of the 902928 MHz band or make licensees use alternative spectrum for forward  Y -links, such as common carrier or private carrier paging spectrum.I  T-ԍ Amtech Comments at 3132.I Symbol, ITRON and TIA urge that multilateration LMS forward links be placed at the upper edge of the 902928  Y -MHz band if Part 15 devices are to be accommodated.j `  T-ԍ Further Comments of ITRON, Symbol and TIA dated August 12, 1994.j Other Part 15 commenters expressed fear of being "drowned out" by high powered forward links, particularly wideband  Y -forward links.[  Tp-ԍ See Itron comments, dated August 12, 1994. [  Y-x I74. Although there is no identification of forward links in our current rules, we will  Y{-define a forward link as any signal transmitted to a mobile unit to be located by a  Yd-multilateration LMS system."Nd T -ԍ See Section 90.7 of our rules.N We will also dedicate a portion of spectrum in the 902928  YM-MHz band where narrowband forward links may be used by the multilateration systems that require them for their operations. Thus, in accordance with our band plan for multilateration systems, multilateration licensees will be authorized to use only the following spectrum for narrowband forward links: XxThe 904.000909.750 MHz band narrowband forward link is 927.750928.000 MHz(# XxThe 919.750921.750 MHz band narrowband forward link is 927.500927.750 MHz(#"'@0*(("ԌXxThe 921.750927.250 MHz band narrowband forward link is 927.250927.500 MHz(# The placement of narrowband forward links at the upper edge of the 902 to 928 MHz band meets the requirements of the majority of the multilateration industry and also accommodates  Y-the needs of Part 15 interests.:` T-ԍ Ex Parte Comments of Teletrac dated August 12, 1994; Mobilevision Comments at 4344; Location Services Comments at 56; Ex Parte Comments of Southwestern Bell dated August 12, 1994; Amtech Comments at 3132; Further Comments of ITRON, Symbol and TIA dated August 12, 1994.: We have provided the flexibility requested by these various commenters, with two of the narrowband forward links placed in spectrum apart from the licensee's multilateration subband (e.g., the 927.50927.75 and 927.75928 MHz forward links) and the third forward link (927.25927.50 MHz) placed adjacent to its related multilateration subband.  Y - J75. Based upon comments from entities that employ narrowband forward links, we believe that 250 kHz for each multilateration system is a suitable amount of spectrum for  Y -narrowband forward links.  T-ԍ Ex Parte Comments of SBMS dated August 12, 1994, Ex Parte Comments of Teletrac dated August 12, 1994, Ex Parte Comments of MobileVision dated August 12, 1994. Furthermore, because narrowband forward link transmissions will be situated in the uppermost portion of the 902928 MHz band and thus somewhat removed from the operations of other licensed and unlicensed services in the band a relatively greater power level for this use should be permitted. We therefore will allow narrowband forward links to operate with a maximum power of 300 watts ERP.  Yz- Broadband Segment  YL-  Y5-xa) Wideband Forward Links  Y-x K76.  Pinpoint and Uniplex have expressed interest in employing a wideband forward link, which, like the narrowband forward link, would be used to communicate with mobile units. However, unlike the narrowband forward link, a wideband forward link could operate  Y-over a multilateration system's entire authorized subband.h T-ԍ Ex Parte Comments of Pinpoint dated September 19, 1994, Ex Parte Comments of Uniplex dated September 30, 1994. Part 15 users uniformly oppose this request on the grounds that such transmissions are likely to cause interference to Part 15 devices. Itron, for example, points out that the high powered wideband forward link could adversely affect the operations of Part 15 devices because it would "present an essentially  Yg-constant signal at any particular geographic location."g  T%-ԍ See e.g., Ex Parte Comments of ITRON Inc. at p. 3, dated August 12, 1994 and Symbol Technologies, dated August 12, 1994. Pinpoint, however, asserts that its"g(X 0*((]" system, which is based on the use of the wideband forward link, would pose far less of an interference threat to users of the 902928 MHz band than that caused by a certain, currently  Y-deployed Part 15 data distribution system.~ TK-ԍ See comments filed by Pinpoint Communications, Inc., dated September 19, 1994.~ We will permit the authorization of wideband forward links, but note that multilateration operations are conditioned on further testing as  Y-described in paragraphs 8182, infra. xb) Reverse Links  YH-x L77. As discussed above, a multilateration signal transmitted to the fixed/base stations will be referred to as a "reverse link" and is utilized by both types of multilateration systems. These signals are contained within the broadband segment of the multilateration allotment and are primarily location pulses originating from mobile units and used for determination of the position of mobile units. Such transmissions may also originate from other fixed/base stations for the purpose of system synchronization or testing. These transmissions are likely to occur less frequently and more randomly than the abovementioned forward links and are therefore less likely to cause interference to Part 15 operations. However, as pointed out by one commenter, reverse link transmissions could present significant problems to Part 15  Yz-operations depending on the power levels, duty cycles and density of mobile units.Gzh T-ԍ See letter from Metricom, Inc., Alarm Industry Communications Committee, Electronic Industries Association, Itron, Inc., Part 15 Coalition, Sensormatic Electronics Corporation, Southern California Edison, and Telecommunications Industry Association., dated August 12, 1994. G Reverse links are an essential part of any multilateration LMS system and therefore must be accommodated. However, in order to limit the potential for interference from such transmissions, we will limit the maximum power level of reverse links to 30 watts ERP. This is a sufficient amount of power to enable mobile units to provide an adequate signal to  Y-fixed sites for location, synchronization and testing purposes.  X-  Y-xc) Communication Links  Y-x M78. As noted by multilateration service providers,| T-ԍ See e.g., Ex Parte Comments of MobileVision dated December 14, 1994, at 12.| there is an additional transmission that multilateration systems utilize for twoway messaging that we will refer to as a "communication link." The communication link emanates from the fixed/base stations and mobile units ancillary to the location and monitoring function of the multilateration system and provides status and instructional information relating to the vehicle being located or the occupant(s) of the vehicle. Additionally, these links may be interconnected with the  Y"-PSN to enable emergency communications.V"X T+&-ԍ See paragraphs 26 and 27, supra.V Moreover, the method of transmission of the communication link differs between multilateration systems, the differences centering on the" )0*((," size of the channel(s) being used. x` ` i) Narrowband Communication Links  Y-x N79. Narrowband communication links are used in certain multilateration systems to provide voice and data communications within the broadband portion of their allocation of spectrum. Additionally, the narrowband communication link differs from a wideband communication link in that it uses small (e.g., 25 kHz) channels to accomplish its messaging  YI-functions. These narrowband transmissions are a valuable asset and are may enhance the  Y2-economic viability and flexibility of these particular multilateration systems.t2 T -ԍ See Ex Parte Comments of Mobilevision dated December 14, 1994, at 5.t However, as we did for reverse links in order to limit their interference potential, we will also limit the maximum power of narrowband communication links to 30 watts ERP. This limitation encompasses communication links that originate at fixed/base stations as well as mobiles. Due to the fact that these transmissions should only occur sporadically or in the event of an emergency, we believe that this power level should serve to limit interference to Part 15 operations. However, we note that multilateration licenses are conditioned on additional testing as discussed in paragraphs 8182. x` ` ii) Wideband Communication Links  Y5-x O80. Certain multilateration systems use wideband communication links, integrated with accompanying wideband forward links, to provide messaging within the broadband segment. This wideband link differs from narrowband communication links because it transmits a direct sequence spread spectrum signal across the entire subband (e.g. all of the 904.000909.750 MHz subband) instead of signals on small channels within the subband. Although these links are perceived to represent greater interference potential to Part 15  Y-devices,}h T-ԍ See e.g., Ex Parte Comments of Cellnet and KNOGO dated August 19, 1994, at 4.} we conclude that these wideband links should be authorized. As noted earlier, however, multilateration system licenses are conditioned on additional testing as discussed in paragraphs 8182.  YP-Testing of Multilateration Systems   Y"- P81. In comments, a number of parties to this proceeding have expressed the desire and need for additional testing to demonstrate the feasibility of multiple services coexisting in the 902928 MHz band, in particular the multilateration LMS users and the operators of Part 15 devices. Our record contains a significant amount of information on the issue of mutual coexistence between these parties, which was submitted in the form of theoretical analyses, demonstrations and testing (See Appendix B). This record shows that certain aspects and elements of these various systems and services create a greater potential for interference than""*0*((#"  Y-others. Ty-ԍ Many of these submissions have focused on concerns regarding the use of wideband forward links for multilateration systems, the location of such links in the band, and the appropriate power levels for both forward and reverse link transmissions. The band plan adopted in this item was crafted on the basis of this extensive record. In addition, these submissions were used to establish technical limitations or criteria  Y-on the operations of the various systems, to minimize the potential for interference and provide a more conducive environment for sharing of the band by the disparate services.  Y- Q82. The record of this proceeding contains substantial technical analysis supporting the band plan we now adopt. We are persuaded, however, that additional testing could provide users of the band with data that could contribute to "finetuning" system operations. Therefore, to ensure that the coexistence of the various services in the band is as successful as possible and to identify whether further refinements in our rules are necessary, we will condition grant of each MTA multilateration license on the licensee's ability to demonstrate through actual field tests that their systems do not cause unacceptable levels of interference to Part 15 devices. To provide such protection and to facilitate band sharing and minimize interference to Part 15 operations, multilateration licensees may employ any one of a number of technical refinements, i.e., limiting duty cycle, pulse duration power, etc. It is our expectation that such testing be accomplished through close cooperation between multilateration systems users and operators of Part 15 systems.  Yz- x ` `  Xc-x L. LMS Below 512 MHz  Y5-x R83.  In the Notice, we proposed that the expanded definition of LMS would apply to below 512 MHz systems, but that licensees of such systems would not be permitted to provide service to individuals or to provide service on a private carrier basis. NABER is the only commenter that addressed LMS operation below 512 MHz. NABER requests clarification of several points pertaining to these systems, including coordination requirements and cochannel separation requirements between LMS systems and nonLMS  Y-systems used for voice operations.` Tu-ԍ NABER comments. NABER also requests clarification as to the effect our "Refarming"  TM-proceeding (PR Docket 92235, Notice of Proposed Rule Making, 7 FCC Rcd 8105 (1992) will have on LMS systems. No final action has yet been taken in the Refarming proceeding. Ultimately, LMS systems below 512 MHz will have to adhere to any decisions reached in that proceeding. NABER also notes that proposed Section 90.105(b)(3)(i) discusses loading criteria for systems operating with single frequencies, twofrequency mode, and pairs of frequencies, but that Section 90.105(b)(3)(ii) only discusses separation criteria for operations using single frequencies or two frequencies. NABER suggests that because the loading criteria are the same, we apply the same separation criteria for single frequency operations to operations using pairs of frequencies.  Y -x S84.  Section 90.175 of our Rules provides that applicants for frequencies below 512 MHz must generally obtain a frequency recommendation from a frequency coordinator. We"+@0*((" conclude that LMS applicants should be subject to these same coordination requirements when applying for these frequencies. Accordingly, applicants for LMS systems below 512 MHz must meet the coordination requirement of Section 90.175(a) of our Rules, 47 C.F.R. 90.175(a). Applicants will use the frequency coordinator for the radio service in which they have established their eligibility. We will also require LMS systems authorized below 512 MHz to modify their licenses under the same conditions as other land mobile licensees. This means that a modification application will have to be filed for changes in the number of  Y_-base, fixed, control, or mobile transmitters.O_ T-ԍ See 47 C.F.R.  90.135(a). O  Y1-x T85. Section 90.105(b)(3)(i) only discusses using pairs of frequencies in the 470512 MHz band. Because these frequencies are only available within 80 km (50 miles) of 13 major urban areas, applying a 120 km (75 miles) separation between nonLMS voice systems and LMS systems would severely restrict LMS use of this spectrum. Pairs of frequencies in the 470512 MHZ band will be assigned in accordance with the allocation plan for the band as described in Subpart L, 47 C.F.R. Part 90, Subpart L, except that the 200 mobile unit loading criteria will apply and an LMS system will not be authorized to share a channel utilized by a nonLMS licensee operating a voice system unless an agreement with the licensee is reached. Accordingly, the cochannel separation between LMS systems and cochannel nonLMS voice systems in the 470512 MHz band will be 64 km (40 miles), except on Channel 15 in Chicago, Channel 20 in Philadelphia, and Channel 17 in Washington where  Y5-the minimum cochannel separation is 32 km (20 miles). See 47 C.F.R.  90.313.  Y-x U86. We also adopt our proposal to extend the definition of LMS to below512 MHz systems. We are not, however, expanding uses of LMS systems below 512 MHz to provide service to individuals or to provide service on a commercial basis. Such commercial uses of LMS would be inconsistent with the nature of the spectrum below 512 MHz, which is intended primarily for the use of private land mobile radio (PLMR) communications to enable private land mobile eligibles to provide for their own internal communications needs. Moreover, the frequency bands below 512 MHz on which LMS systems are licensed are shared PLMR frequencies. Many of these channels are already unacceptably crowded. We are currently considering rule changes to increase channel capacity and promote more  Y9-efficient use of PLMS frequencies below 512 MHz.9h TR -ԍ See Notice of Proposed Rule Making, PR Docket No. 92235, 7 FCC Rcd 8105 (1992). Permitting LMS systems authorized below 512 MHz to provide service on a commercial basis, or to provide service to individuals, would only exacerbate this spectrum congestion.  X-x M. Technical Issues  Y!-x V87. In the Notice, we proposed a number of technical requirements for LMS systems to minimize the possibility of both cochannel and adjacentchannel interference and we proposed that equipment be type accepted to ensure compliance with these standards. The"#,0*(($" following technical criteria will be applied to licensees of LMS systems. Our proposals, commenters' responses, and our decisions are discussed below.  Y-x W88. Type Acceptance . We proposed that LMS equipment be required to be type  Y-accepted.` T-ԍ Notice at para. 29, 8 FCC Rcd 2502, 2507 (1993).` This proposal was supported by Teletrac, MobileVision, SBMS, Mark IV, and  Y-Location Services.h T-ԍ Teletrac comments at 48; MobileVision comments at 50; SBMS comments 23; Mark IV comments at 13; and Location Services comments at 3. Teletrac proposes that we require the equipment to be authorized  Yw-through the notification process oneyear from the adoption date of this Report and Order,  Y`-while SBMS suggests type acceptance after 18months.W` T -ԍ Teletrac comments at 48; SBMS comments at 23.W Location Services suggests that licensees be permitted to operate new equipment on a commercial basis for 18 months before  Y2-such equipment must be type accepted.J2 Tc-ԍ Location Services comments at 3.J We are adopting our proposal to require type acceptance. We decline to adopt Teletrac's proposal that we only require equipment  Y -"notification."B  T-ԍ Teletrac comments at 48.B Considering the mobile nature of most LMS transmitters and that new, advanced technologies will be employed in this equipment, we find that the stricter regulatory oversight of having equipment type accepted rather than "notified" is justified. Accordingly, all LMS equipment imported or marketed after April 1, 1996, must be type accepted for use under Part 90 of our Rules, 47 C.F.R. Part 90. This includes the "transmitting tags" used in certain nonmultilateration systems. If, however, these units meet the requirements of Part 15 of our Rules, 47 C.F.R. Part 15, they may be authorized under that Part. By delaying the requirement for type acceptance, we effectively adopt Location Services' proposal for a grace period in which to operate LMS equipment without  Y5-authorization, albeit for a lesser period than 18 months. As discussed in the Notice,a5  T-ԍ Notice at para. 29, 8 FCC Rcd. 2502, 2507 (1993).a licensees still in the developmental stages that do not wish to seek type acceptance may be  Y-licensed on a developmental basis in accordance with Subpart Q of Part 90.F`  T!-ԍ 47 C.F.R. Part 90 Subpart Q.F  Y-x X89. Emissions . We proposed that no restriction be placed on the type of emission  Y-that may be authorized for LMS operation in the 902928 MHz band.  Tt%-ԍ Notice at para. 30, 8 FCC Rcd 2502, 2507 (1993). See Section 2.201 of the Rules, 47 C.F.R.  2.201, for a description of emission designators. MobileVision and"-x0*(("  Y-SBMS support this proposal.[ Ty-ԍ MobileVision comments at 50; SBMS comments at 24.[ Teletrac supports  Y-this proposal only if multilateration systems are required to be physically separated.Bh T-ԍ Teletrac comments at 49.B Teletrac claims that, in the absence of geographic separation, stricter limits on emissions are  Y-required to prevent interference between multilateration systems.3 Tt-ԍ Id.3 We are adopting our proposal to place no limits on the type of emission that can be authorized for LMS systems. Allowing any types of emissions will enable any type of location or monitoring technology or ancillary service to develop without restrictions. We will limit the likelihood of interference through appropriate power, frequency tolerance and emission mask limitations. Moreover, exclusive licensing of multilateration systems in MTAs in each of the three respective subbands should ameliorate concerns of cochannel multilateration LMS interference.  Y -x Y90. Bandwidth . We proposed to limit the bandwidth of LMS systems as follows: x` ` for 904912 and 918926 MHz maximum 8 MHz x` ` for 902904 and 926928 MHz maximum 2 MHz  Y -x` ` for 912918 MHz maximum 6 MHzg  T-ԍ Notice at para. 30, 8 FCC Rcd. 2502, 2507 (1993).g MobileVision supports the maximum bandwidths proposed while Pinpoint opposes limiting  Yc-the maximum permissible bandwidth within the 902928 MHz band.bcH T\-ԍ MobileVision Comments at 49; Pinpoint Comments at 2326.b In conformance with the band plan we have adopted, we are adopting maximum permissible bandwidths as follows:  Y-x` ` For Multilateration systems: h x` ` for 904.000909.750 MHz maximum 5.750 MHz x` ` for 919.750921.750 MHz maximum 2.000 MHz  Y-x` ` for 921.750927.500 MHz maximum 5.750 MHz TD"-ԍ This includes 5.5 MHz multilateration bandwidth and adjoining, associated 0.25 MHz forward link.  Y-x` ` for 919.750927.750 MHz maximum 8.000 MHz`  T%-ԍ This bandwidth capability only exists for licensees aggregating the adjacent 2 MHz and 5.5 MHz multilateration bands and includes the adjoining, associated forward link bands. "}. 0*(("ԌXxX` ` For Narrow Band Links:(#` XxX` ` for 927.250927.500 MHz maximum 250 kHz(#` XxX` ` for 927.500927.750 MHz maximum 250 kHz(#` XxX` ` for 927.750928.000 MHz maximum 250 kHz (#` x` ` For Nonmultilateration systems: x` ` for 902.000904.000 MHz maximum 2.000 MHz x` ` for 909.750921.750 MHz maximum 12.000 MHz While we establish these maximum permissible bandwidths, applicants for nonmultilateration LMS systems should request only the minimum amount of bandwidth necessary to meet their operational needs.  Y -x Z91. Frequency Tolerance . We proposed a frequency tolerance for transmitters in the 904912 and 918926 MHz bands of 0.0005 percent and proposed that no minimum frequency tolerance be established for transmitters in the 902904, 912918, and 926928  Yc-MHz bands.ac T-ԍ Notice at para. 30, 8 FCC Rcd. 2502, 2507 (1993).a The frequency tolerance for these systems would be specified on the station's authorization. MobileVision, SBMS, Mark IV, and Hughes support the proposed frequency tolerance of 0.0005 percent for multilateration systems and support having no specific  Y-frequency tolerance for nonmultilateration systems.h T7-ԍ MobileVision comments at 49; SBMS comments at 24; Mark IV comments at 13; Hughes comments at 13. Teletrac argues that tighter frequency tolerances are required and recommends a tolerance of 0.00025 percent for both  Y-multilateration and nonmultilateration systems.B T-ԍ Teletrac comments at 49.B We agree with Teletrac that tighter frequency tolerances are justified to help reduce the potential for interference to systems operating on adjacent frequencies and that this argument extends to nonmultilateration as well as multilateration systems. Additionally, as Teletrac points out, the frequency tolerance it has proposed is more liberal than that required for other services in the 900 MHz band. Accordingly, we are adopting a frequency tolerance of 0.00025 percent for both multilateration and nonmultilateration systems.  Y8-x [92. Effective Radiated Power . We proposed a maximum peak effective radiated  Y"-power (ERP) for any LMS systems operating in the 902928 MHz band of 300 watts." TS%-ԍ Notice at para. 30, 8 FCC Rcd 2502, 2507 (1993). The current maximum power for  T+&-multilateration systems is 1 kW peak envelope power (PEP) transmitter output power. See existing 47 C.F.R.  90.239(e)(2)(i). ""/ 0*((-"  Y-SBMS supports our proposed 300 watt peak ERP.D Ty-ԍ SBMS comments at 24.D MobileVision opposes any reduction in permissible power. AT&T and Hughes support a 30 watt ERP power limit for non Y-multilateration systems with 10 meter and 15 meter antenna height restrictions respectively.Wh T-ԍ AT&T comments at 78; Hughes comments at 79.W Amtech and Pinpoint support various power limits for different systems based a shared use of  Y-the entire band._ T] -ԍ Amtech comments at 3335; Pinpoint comments at 3134._ Mark IV supports a field strength limit of 1 mV/m at 3000 meters with a maximum antenna height of 10 meters for nonmultilateration systems rather than a limit on  Yv-peak ERP.Av T -ԍ Mark IV comments at 13.A  YH-x \93. As discussed earlier,cHH TA-ԍ See discussion of Forward Links, paragraphs 7376. c we will limit the maximum ERP of multilateration LMS system narrowband forward links, which operate between 927.250928.000 MHz, to 300 watts. However, we will limit maximum power for transmissions of multilateration system  Y -base and mobile stations outside the 927.250928.000 MHz subband to 30 watts maximum ERP. Limiting base and mobile stations' power levels will reduce the potential for  Y -interference between cochannel multilateration systems   To-ԍ We contemplate that this issue will have significance in MTAs where exclusive LMS licensees must coexist with grandfathered LMS licensees. and will reduce the likelihood of interference to any other operations in the 902928 MHz band. In addition, we are limiting the peak ERP of nonmultilateration systems to 30 watts and limiting the antenna height above ground of these systems to 15 meters. Reducing the maximum power and antenna height of nonmultilateration systems will allow nonmultilateration systems to share spectrum more easily with other nonmultilateration systems and with users of Part 15 devices and will permit greater frequency reuse for these systems.  Y- x]94. Currently, facilities authorized in the private radio services are categorically excluded from our rules requiring an environmental assessment to demonstrate that a facility  Y-complies with standards concerning human exposure to radiofrequency radiation. (See  Y-Second Report and Order, in Gen. Docket No. 79144, 2 FCC Rcd 2064 (1987); and  Y-Erratum, 2 FCC Rcd 2526 (1987). The guidelines used for evaluating the environmental effects of radiofrequency radiation, however, are currently under review in ET Docket No.  Y-9362 (See Notice of Proposed Rule Making, ET Docket No. 9362, 8 FCC Rcd. No. 9362 (1993)). In that proceeding we note that some of the current categorical exclusions may be inconsistent with the new guidelines being considered. We wish to emphasize here that LMS systems will be required to comply with any requirements adopted in ET Docket No. 9362. "90` 0*((j"Ԍ Y-x ^95. Interference Criteria for CoChannel Multilateration Licensees.  Y- Exclusive MTA multilateration LMS licensees and cochannel grandfathered multilateration LMS licensees must not interfere with one another. Similarly, exclusive MTA multilateration LMS licensees must also ensure that they do not cause interference to exclusive cochannel MTA licensees in adjacent MTAs. To help reduce the likelihood for interference between adjacent MTA licensees, we will impose a 47 dBuV/m field strength  Yw-limit at the MTA boundary on signals transmitted from the base stations of MTA licensees.<w T-ԍ We note that in adopting this 47 dBuV/m limit, we are not determining that this field strength will necessarily result in reliable service for all multilateration systems. It is merely a level that may not be exceeded by MTA licensees and is thus established for interference planning purposes only.  Tx -(see Second Report and Order, Amendment of the Commission's Rules to Establish New Personal Communications Services, GEN Docket No. 90314, FCC 93451, released October 22, 1993 at paragraph 177).< If differences arise over whether interference has been caused, we will expect the particular licensees to cooperate with one another to resolve these disputes. Should the Commission have to become involved in any disagreements among licensees, we may employ a wide  Y -variety of tools to resolve such disputes.p  Tl-ԍ Disputes over harmful interference (as described in Section 90.173(b) of our Rules) are typically resolved on a casebycase basis. For these services, while absolute blocking of a licensee's transmissions throughout a large region would constitute the only clearcut case of harmful  T-interference (see Section 90.7 for definition of harmful interference under 47 C.F.R. Part 90), it is possible that lesser degrees of interference could diminish the accuracy or reliability of certain multilateration systems in a limited portion of a system's area of operation. The degree to which such lesser amounts of interference would be considered harmful cannot be determined in advance, and there can be no guarantee that licensees will be unconditionally protected from interference of this type. Because of these unique characteristics of multilateration systems, we decline to specify what will be considered to constitute harmful interference to such systems. These tools could include, but are not limited to, requiring use of a common controller or mandating a particular time sharing arrangement. If, however, we determine that an LMS licensee has not cooperated in developing a suitable mechanism to minimize harmful interference, or that a licensee's system design renders it extraordinarily sensitive to interference, we may authorize the other licensee to operate its LMS system regardless of interference caused to the LMS system that failed to cooperate or that has a system design highly susceptible to interference.  Yc-x _96. Emission Mask. We proposed that emissions anywhere within a licensee's authorized bandwidth not be required to be attenuated but that any emissions outside of the  Y6-authorized bandwidth be attenuated by at least 55 + 10log(P) dB where P is the highest  Y-emission (in watts) of the transmitter inside the authorized bandwidth.a T$-ԍ Notice at para. 30, 8 FCC Rcd. 2507 (1993).a This requirement applies to both multilateration and nonmultilateration systems. We also requested comment on whether multilateration systems should be required to distribute power evenly throughout"1x0*(("  Y-their authorized band.E Ty-ԍ Id.E  Y-x `97. Mark IV IVHS was the only commenter that supports a requirement that power be evenly distributed across a licensee's authorized bandwidth. Both Mark IV IVHS and Teletrac believe that only emissions outside of the 902928 MHz band (rather than any emissions outside of a licensee's authorized bandwidth) should be attenuated by 55 + 10log(P) dB. Mark IV IVHS would require that frequencies outside of the licensee's authorized bandwidth only be attenuated by 30 + 10log(P) dB, while Teletrac would just require that 99 percent of the power be within the licensee's authorized bandwidth. MobileVision would require that spurious spread spectrum emission should not exceed 100 + 10logP dBW/Hz and the level of any spurious discrete emission could not exceed 55 + 10logP dBW. SBMS would merely require that the first sidelobe be 20 dB below main lobe and each following sidelobe be progressively reduced by 10 dB out to the third lobe. Amtech and Pinpoint provide recommendations for various power, height and emissions limits for different systems and supports establishment of robustness and sharing  Y -requirements.  Y-T ă  Yz-x a98. We will require licensees to attenuate their emissions by 55 + 10log(P) dB at the edges of the specified LMS subbands. The licensed frequency band edges for multilateration systems for which emissions must be attentuated are 904, 909.75, 919.75, 921.75, 927.50, 927.75 and 928 MHz. If the 919.75921.75 and 921.75927.25 MHz subbands are aggregated by a single licensee, the emission mask limitations at the band edges at 921.75 and 927.50 MHz may be ignored. The licensed frequency band edges for nonmultilateration systems for which emissions must be attenuated are 902, 904, 909.75 and 921.75 MHz. These emission limitations will assure that multilateration and nonmultilateration systems will not interfere with each other and that operations below 902 MHz and above 928 MHz are protected.  Yg-t IV. CONCLUSION ă  Y:-x b99. Given the plethora of diverse users that share the 902928 MHz band, this has been an especially difficult proceeding. While we strongly support and wish to encourage the continued development and deployment of an LMS industry, we also recognize the valuable services being provided by other users of this spectrum. We believe that the rules we have adopted herein fairly balance these diverse interests. While we have not been able  Y -to satisfy all of the concerns of all of the parties in this proceeding, we reviewed extensive  Y!-comments and replies to the Notice as well as a very large number of ex parte filings in this docket and serious consideration was given to each position. Given the diverse and often mutually exclusive interests of the many parties that participated, our decisions were the best that could be achieved. The rules will allow for the continued growth of LMS services and"l$2h0*((%" advance Congress' goal of developing an intelligent transportation system infrastructure. At the same time, we have attempted to ensure that other users of the band, including Amateur operators and users of Part 15 devices, will be able to coexist with LMS.  Y-x c100. We have taken the longterm beneficial action of creating the Transportation Infrastructure Radio Service. By creating this new service at this early date in ITS development, we will be able to take an organized approach to regulating spectrum and services related to ITS and transportation infrastructure in general.  Y -v  V. FINAL REGULATORY FLEXIBILITY ANALYSIS ă  Y -x d101. ` ` Pursuant to the Regulatory Flexibility Act of 1980, the Commission's final analysis is as follows:  X -x Need and Purpose of the Action  Y|-x e102. ` ` The rules adopted herein will enhance use of the 902928 MHz band for location and monitoring systems. These rules replace the existing interim rules that govern automatic vehicle monitoring systems. The new rules create a more stable environment for LMS system licensees and provides much needed flexibility for operators of such systems.  X -x Issues Raised in Response to the Initial Regulatory Flexibility Analysis  Y-x f103. ` ` There were no comments submitted in response to the Initial Regulatory Flexibility Analysis.  X-x Significant Alternatives Considered and Rejected  Yj-x g104. ` ` All significant alternatives are discussed in this Report and Order.  Y=- VI. PAPERWORK REDUCTION ă  Y-x h105. The proposal contained herein has been analyzed with respect to the Paperwork Reduction Act of 1980 and found to contain no new or modified form, information collection and/or record keeping, labeling, disclosure, or record retention requirements; and will not increase or decrease burden hours imposed on the public.  X"- "+'30*((P("Ԍ Y- VI. ORDERING CLAUSES ă  Y-x i106. ` ` Accordingly, IT IS ORDERED that, pursuant to the authority of Sections 4(i), 302, 303(r), and 332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302, 303(r), and 332(a), Parts 2 and 90 of the Commission's Rules, 47 C.F.R. Parts 2 and 90, ARE AMENDED as set forth in Appendix A below, effective [thirty days after publication in the Federal Register].  YJ-x j107. The Petition for Rule Making filed on January 13, 1994 by the American Radio Relay League IS DENIED.  Y - x k108. ` ` For further information concerning this Report and Order, contact Thomas S. Dombrowsky, Martin D. Liebman or John J. Borkowski of the Wireless Telecommunications Bureau at (202) 4180620. x` ` hhFEDERAL COMMUNICATIONS COMMISSION x` ` hhWilliam F. Caton x` ` hhActing Secretary "40*((@"  Y-, Appendix A ă xParts 2 and 90 of Chapter I of Title 47 of the Code of Federal Regulations are amended as follows:  Y- PART 2 FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS;  Xx-GENERAL RULES AND REGULATIONS  YJ-x 1. The authority citation for Part 2 continues to read as follows:  X -x` ` Authority: Sec. 4, 302, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154, 154(i), 302, 303, 303(r), and 307, unless otherwise  X -noted.  Y -x 2. Section 2.106 is amended by adding "Private Land Mobile (90)" to the FCC use designators in the entry for 902928 MHz in the table and by revising footnotes US218 and US275 to read as follows:  Yf- 2.106 Table of Frequency Allocations l:* * * * *  Y -International` `  United States hppFCC use  Y-tablex` `  tablehh@hppdesignators x` ` hh@hpp  Specialuse  Y-* * *x` `  GovernmenthhNonGovernmentppRulepart(s)  frequencies l:* * * * *  YS-* * *x` `  902928hh@902928  Y<-x` `  RADIOLOCATION@hppPrivate Land  915 + 13 MHz  Y%-x` ` hh@hppMobile (90)  Industrial,  Y-x` ` hh@hppAmateur (97)  scientific,  Y-x` `  707hh@707hpp  and medical  Y-x` `  US215 US218@US215 US218  frequency.  Y -x` `  US267 US275@US267 US275 x` `  G11 G59 l:* * * * * US218 The band 902928 MHz is available for Location and Monitoring Service (LMS) systems subject to not causing harmful interference to the operation of all Government stations authorized in these bands. These systems must tolerate interference from the"('50*((P(" operation of industrial, scientific, and medical (ISM) devices and the operation of Government stations authorized in these bands.  aU   aU  l:* * * * * US275 The band 902928 MHz is allocated on a secondary basis to the amateur service subject to not causing harmful interference to the operations of Government stations authorized in this band or to Location and Monitoring Service (LMS) systems. Stations in the Amateur service must tolerate any interference from the operations of industrial, scientific, and medical (ISM) devices, LMS systems, and the operations of Government stations authorized in this band. Further, the Amateur Service is prohibited in those portions of Texas and New Mexico bounded on the south by latitude 31$41' North, on the east by longitude 104$11' West, and on the north by latitude 34$30' North, and on the west by longitude 107$30' West; in addition, outside this area but within 150 miles of these boundaries of White Sands Missile Range the service is restricted to a maximum transmitter peak envelope power output of 50 watts. l:* * * * *  Y4- PART 90 PRIVATE LAND MOBILE RADIO SERVICES  Y-x 1. The authority citation for Part 90 continues to read as follows:  X-x` ` Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154,  X-303, and 332, unless otherwise noted.  Y-x  Y-x 2. Section 90.7 is amended by removing the entry for Automatic Vehicle Monitoring  Y-and adding new definitions for Basic Trading Areas, Forward Links, Location and  Yh-Monitoring Service (LMS), Major Trading Areas, Multilateration LMS System, and Non YQ-multilateration LMS System in alphabetical order to read as follows:  Y#- 90.7 Definitions. l:* * * * *  Y -XxBasic Trading Areas. Service areas that are based on the Rand McNally 1992(#  Y!- Commercial Atlas & Marketing Guide, 123rd Edition, at pages 3839, with the following additions licensed separately as BTAlike areas: American Samoa; Guam; Northern Mariana Islands; Mayaguez/AguadillaPonce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The Mayaguez/AguadillaPonce BTAlike service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas,"''60*((P(" Rincon, Sabana Grande, Salinas, San German, Santa Isabel, Villalba, and Yauco. The San Juan BTAlike service area consists of all other municipios in Puerto Rico. l:* * * * *  Y-xForward Links. Transmissions in the frequency bands specified in  90.357(a) and used to control and interrogate the mobile units to be located by multilateration LMS systems. l:* * * * *  Y -xLocation and Monitoring Service (LMS). The use of nonvoice signaling methods to locate or monitor mobile radio units. LMS systems may transmit and receive voice and nonvoice status and instructional information related to such units.  Y -l:* * * * *  Yy-xMajor Trading Areas. Service areas based on the Rand McNally 1992 Commercial  Yb-Atlas & Marketing Guide, 123rd Edition, at pages 3839, with the following exceptions and  YK-additions: x(a) Alaska is separated from the Seattle MTA and is licensed separately. x(b) Guam and the Northern Mariana Islands are licensed as a single MTAlike area. x(c) Puerto Rico and the United States Virgin Islands are licensed as a single MTAlike area. x(d) American Samoa is licensed as a single MTAlike area. l:* * * * *  Y -xMultilateration LMS System. A system that is designed to locate vehicles or other objects by measuring the difference of time of arrival, or difference in phase, of signals transmitted from a unit to a number of fixed points or from a number of fixed points to the unit to be located.  Y!-K8* * * * *  Y#-xNonmultilateration LMS System. A system that employs any of a number of nonmultilateration technologies to transmit information to and/or from vehicular units. l:* * * * * "#'70*((P("Ԍ Y-ٙx 3. Section 90.101 is revised to read as follows:  Y- 90.101 Scope. The Radiolocation Service accommodates the use of radio methods for determination of direction, distance, speed, or position for purposes other than navigation. Rules as to eligibility for licensing, permissible communications, frequency available, and any special requirements are set forth in the following section. Provisions for the Location and Montoring Service (LMS) are contained in Subpart M of this Part.  Y -x 4. Section 90.103 is amended by removing paragraph (d) and by redesignating existing paragraph (e) as paragraph (d).  Y -x 5. Section 90.155 is amended by revising paragraph (a) and adding new paragraphs (d) and (e) to read as follows:  X-  90.155 Time in which station must be placed in operation.  Y}- x(a) All stations authorized under this part, except as provided in paragraphs (b) and (d) of this section and in  90.629 and 90.631(f), must be placed in operation within eight (8) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. l:* * * * * x(d) Multilateration LMS systems authorized in accordance with 90.353 must be constructed and placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. MTAlicensed multilateration LMS systems will be considered constructed and placed in operation if such systems construct a sufficient number of base stations that utilize multilateration technology  YR-(see paragraph (e) of this Section) to provide multilateration location service to a substantial portion of at least one BTA in the MTA. Xx(e) A multilateration LMS station will be considered constructed and placed in(# operation if it is built in accordance with its authorized parameters and is regularly interacting with one or more other stations to provide location service, using multilateration technology, to one or more mobile units. Specifically, LMS multilateration stations will only be considered constructed and placed in operation if they are part of a system that can interrogate a mobile, receive the response at 3 or more sites, compute the location from the time of arrival of the responses and transmit the location either back to the mobile or to a subscriber's fixed site.  Y>&- "''80*((P("Ԍ Y-ԙx 6. Section 90.179 is amended by revising paragraph (g) to read as follows:  Y- 90.179 Shared use of radio stations. l:* * * * * x(g) Above 800 MHz, shared use on a forprofit private carrier basis is permitted only by SMR, Private Carrier Paging, and LMS licensees. See Subparts M, P, and S of this Part.  Y3-x 7. Section 90.203 is amended by adding new paragraph (b)(7) to read as follows:  Y - 90.203 Type acceptance required. l:* * * * * x(b) * * * x (7) Transmitters imported and marketed prior to April 1, 1996 for use by LMS systems. l:* * * * *  Y -x 8. Section 90.205(b) is amended by adding the 902927.25 and 927.25928 MHz bands to the table in numerical order and by adding footnote (13) to read as follows:  Y- 90.205 Power. l:* * * * * x(b) * * *  Y=-Frequency range (megahertz)hhMaximum OutputppMaximum effective radiated  Y&-x` ` hhpower (watts)hpppower (watts) l:* * * * *  Y -902927.25 ....................hh@..........pp  30 (13)  Y!-927.25928 ....................hh@..........pp  300 l:* * * * * 13 Effective radiated power shall be measured as peak envelope power. l:* * * * *")'90*((_("Ԍ Y-ԙXx 9 . Paragraph (g) of Section 90.207 is removed and reserved.(#  Y- x 10. Section 90.209 is amended by adding new paragraphs (b)(10) and (m) to read as follows:  Y- 90.209 Bandwidth limitations. l:* * * * * x(b) * * * x(10) The maximum authorized bandwidth shall be 12 MHz for nonmultilateration LMS operations in the band 909.75921.75 MHz and 2 MHz in the band 902.00904.00 MHz. The maximum authorized bandwidth for multilateration LMS operations shall be 5.75 MHz in the 904.00909.75 MHz band; 2 MHz in the 919.75921.75 MHz band; 5.75 MHz in the 921.75927.25 MHz band and its associated 927.25927.50 MHz narrowband forward link; and 8.00 MHz if the 919.75921.75 MHz and 921.75927.25 MHz bands and their associated 927.25927.50 MHz and 927.50927.75 MHz narrowband forward links are aggregated.  aU l:* * * * * x(m) For transmitters authorized under Subpart M that operate in the 902928 MHz band, the peak power of any emission shall be attenuated below the power of the highest emission contained within the licensee's LMS subband in accordance with the following schedule: x(1) On any frequency within the authorized bandwidth: Zero dB. x(2) On any frequency outside the licensee's LMS subband edges (as identified in paragraph (m)(5) of this section): 55 + 10 log(P) dB where (P) is the highest emission (watts) of the transmitter inside the licensee's LMS subband. x(3) The resolution bandwidth of the instrumentation used to measure the emission power shall be 100 kHz. If a video filter is used, its bandwidth shall not be less than the resolution bandwidth. x(4) Emission power (P) shall be measured in peak values. x(5) The LMS subband edges for multilateration systems for which emissions must be attenuated are 904.00, 909.75, 919.75, 921.75, 927.50, 927.75 and 928.00 MHz. If the 919.75921.75 and 921.75927.25 MHz subbands are aggregated by a single licensee, the emission mask limitations at the band edges at 921.75 and 927.50 MHz may be ignored. The LMS subband edges for nonmultilateration systems for which emissions must be attenuated are 902.00, 904.00, 909.75 and 921.75 MHz."&':0*((P("Ԍ Y-ԙx 11. Section 90.213 is amended by adding the 902928 MHz band to the table in numerical order in paragraph (a) to read as follows:  Y- 90.213 Frequency tolerance. (a) * * * Frequency Tolerance  Y3-Frequency range Fixed and base stationspp Mobile stations  Y -x` ` Over 200W@200 w or lesspp Over 2W   2W or less  Y -x` ` output power@output powerppoutput power  output power l:* * * * *  Y-902928 .......... .00025hh@.00025pp.00025  .00025 l:* * * * *  Y6-x 12. Section 90.239 is removed and reserved.  Y - x 13. Subpart M is added to Part 90 to read as follows:  Y-  Subpart M Transportation Infrastructure Radio Service ă  X-  X- 90.350 Scope.  X-  90.351 Location and Monitoring Service.  90.353 LMS operations in the 902 928 MHz band.  90.355 LMS operations below 512 MHz.  90.357 Frequencies for LMS systems in the 902 928 MHz band.  90.359 Field strength limits for MTAlicensed LMS systems.  90.361 Interference from Part 15 and Amateur operations.  90.363 Grandfathering provisions for existing AVM Licensees.  Y-  Y -  90.350 Scope . xThe Transportation Infrastructure Radio Service is for the purpose of integrating radiobased technologies into the nation's transportation infrastructure and to develop and implement the nation's intelligent transportation systems. It includes the Location and Monitoring Service (LMS). Rules as to eligibility for licensing, frequencies available, and any special requirements for services in the Transportation Infrastructure Radio Service are  Y)'-set forth in this Subpart. ")';0*((P("Ԍ Y-ԙ 90.351 Location and Monitoring Service. xThese provisions authorize the licensing of systems in the Location and Monitoring Service (LMS). LMS systems utilize nonvoice radio techniques to determine the location and status of mobile radio units. LMS licensees authorized to operate a system in the 902928 MHz band may serve individuals, federal government agencies, and entities eligible for licensing in Part 90. x(a) Each application to license an LMS system shall include the following supplemental information: x (1) A detailed description of the manner in which the system will operate, including a map or diagram. x (2) The necessary or occupied bandwidth of emission, whichever is greater. x (3) The data transmission characteristics as follows: x` ` (i) The vehicle location update rates; x` ` (ii) Specific transmitter modulation techniques used; x` ` (iii) For codes and timing scheme: A table of bit sequences and their alphanumeric or indicator equivalents, and a statement of bit rise time, bit transmission rates, bit duration, and interval between bits; x` ` (iv) A statement of amplitude-versus-time of the interrogation and reply formats, and an example of a typical message transmission and any synchronizing pulses utilized. x (4) A plan to show the implementation schedule during the initial license term. x(b) LMS stations are exempted from the identification requirements of 90.425; however, the Commission may impose automatic station identification requirements when determined to be necessary for monitoring and enforcement purposes.  X!-  X"- 90.353 LMS operations in the 902 928 MHz band.  Y#- LMS systems may be authorized within the 902928 MHz band, subject to the following conditions. LMS licensees are required to maintain whatever records are necessary to demonstrate compliance with these provisions and must make these records available to the Commission upon request:"$'<0*((P("Ԍx(a) LMS operations will not cause interference to and must tolerate interference from industrial, scientific, and medical (ISM) devices and radiolocation Government stations that operate in the 902 928 MHz band. x(b) LMS systems are authorized to transmit status and instructional messages, either voice or nonvoice, so long as they are related to the location or monitoring functions of the system. x(c) LMS systems may utilize store and forward interconnection, where either (1) transmissions from a vehicle or object being monitored are stored by the LMS provider for later transmission over the public switched network (PSN), or (2) transmissions received by the LMS provider from the PSN are stored for later transmission to the vehicle or object being monitored. Realtime interconnection between vehicles or objects being monitored and the PSN will only be permitted to enable emergency communications related to a vehicle or a passenger in a vehicle. Such realtime, interconnected communications may only be sent to or received from a system dispatch point or entities eligible in the Public Safety or Special  Y-Emergency Radio Services. See Subparts B and C of this Part. x(d) Multilateration LMS systems will be authorized on a primary basis within the bands 904909.75 MHz and 921.75927.25 MHz. Additionally, multilateration and nonmultilateration systems will share the 919.75921.75 MHz band on a coequal basis. Licensing will be on the basis of Major Trading Area (MTA) service areas for multilateration systems, with one exclusive MTA license being issued for each of these three subbands. Except as provided in paragraph (f) of this Section, multilateration MTA licensees may be authorized to operate on only one of the three multilateration bands within a given MTA. Additionally, MTA multilateration LMS licenses will be conditioned upon the licensee's ability to demonstrate through actual field tests that their systems do not cause unacceptable levels of interference to Part 15 devices.  Ye-x(e) Multilateration MTAlicensed systems and grandfathered AVM systems (see Section 90.363) are authorized on a shared basis and must cooperate in the selection and use of frequencies in accordance with Section 90.173(b). x(f) Multilateration MTA licensees may be authorized to operate on both the 919.75 Y-921.75 MHz and 921.75927.25 MHz bands within a given MTA (see Section 90.209(b)(10)).  aU   aU x(g) Multilateration LMS systems whose primary operations involve the provision of vehicle location services, may provide nonvehicular location services. x(h) Nonmultilateration stations are authorized to operate on a shared, nonexclusive basis in the 902904 MHz and 909.75921.75 MHz subbands. Nonmultilateration systems and multilateration systems will share the 919.75921.75 MHz band on a coequal basis. Nonmultilateration LMS systems may not provide nonvehicular location services.  aU "#'=0*((P("Ԍ aU The maximum antenna height above ground for nonmultilateration LMS systems is 15 meters.  aU   Y- aU  90.355 LMS operations below 512 MHz . Applicants requiring not more than 25 kHz bandwidth per frequency in the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either base-mobile frequencies currently assigned the applicant, or be assigned base-mobile frequencies available in the service in which eligibility has been established, provided that: x(a) For transmission between vehicles and base stations, each frequency in a single-frequency mode of operation will provide location data for approximately 200 vehicles, or both frequencies in a two-frequency mode of operation will provide location data for approximately 400 vehicles, except that for frequencies in the 450-512 MHz band that are assigned in pairs in accordance with the allocation plan for the band, the requirement is that location data be provided for approximately 200 vehicles for each frequency pair; and a showing is made that 50 percent of the vehicles will be in operation within the system by the end of the second year of the initial license term, and 70 percent will be in operation within the system by the end of the initial license term; except that if these vehicle loading standards will not be met, frequencies will be assigned only on a secondary noninterference basis to any authorized radiotelephony operation. x(b) The minimum separation between a proposed LMS station and the nearest co-channel base station of another licensee operating a voice system is 75 miles (120 km) for a single frequency mode of operation or 35 miles (56 km) for a two-frequency mode of operation. Where the minimum mileage separation cannot be achieved, agreement to the use of F1D, F2D, G1D, G2D or P0N emission must be received from all existing co-channel licensees using voice emissions within the applicable mileage limits. If there is interference with voice operations and required agreement was not received, or operation was authorized on a secondary noninterference basis, the licensee of the LMS system is responsible for eliminating the interference. x(c) Frequencies additional to any assigned under paragraph (a) of this section will not be assigned to the same licensee at any stations located within 64 km (40 miles) of any station in which the licensee holds an interest until each of such licensee's frequencies for LMS operation is shown to accommodate not less than 90 percent of the frequency loading requirements specified in paragraph (a) of this section.  Y!-  Y#- 90.357 Frequencies for LMS systems in the 902 928 MHz band . x(a) Multilateration LMS systems will be authorized on the following LMS subbands: "%'>0*((P("Ԍ Y-ԙaU x ` ` LMS Subband hh@hpp Forward Link (1)  Y- ` ` 904.000909.750 MHz ...............................927.750928.000 MHz(#(#X  Y- ` ` 919.750921.750 MHz (2) ...........................927.500927.750 MHz  Y- ` ` 921.750927.250 MHz ...............................927.250927.500 MHz 1 Forward links for LMS systems may also be contained within the LMS subband. However, the maximum alllowable power in these subbands is 30 watts ERP in accordance with Section 90.205(b). 2 The frequency band 919.750921.750 MHz is shared coequally between multilateration and nonmultilateration LMS systems. x x(b) Nonmultilateration LMS systems will be authorized on the following frequency bands:  Yc-x LMS Subband  1 x902.000904.000 MHz x909.750921.750 MHz x 1 Applicants for nonmultilateration LMS systems should request only the minimum amount of bandwidth necessary to meet their operational needs.  Y- 90.359 Field strength limits for MTAlicensed LMS systems.  Yh- xMTAlicensed multilateration systems shall limit the field strength of signals  YQ-transmitted from their base stations to 47 dBuV/m at their MTA boundary.  X:-  X - 90.361 Interference from Part 15 and Amateur operations. xOperations authorized under Parts 15 and 97 of this Chapter may not cause harmful interference to LMS systems in the 902928 MHz band. These operations will not be considered to be causing harmful interference to a multilateration LMS system operating in  Y"-one of the three MTA subbands (see Section 90.357(a)) if they operate in accordance with the provisions of 47 CFR Parts 15 or 97 and at least one of the following conditions are met: Xx(a) It is a field disturbance sensor operating under Section 15.245 of this Chapter and it is not operating in the 904909.750 or 919.750928.000 MHz subbands; or (#  Y&'-"&'?0*((}("ԌXx(b) It does not employ an outdoor antenna; or(# x(c) If it does employ an outdoor antenna, then if  Y-x` ` (1) The directional gain of the antenna does not exceed 6 dBi, or if the(#` XxX` ` directional gain of the antenna exceeds 6 dBi, it reduces its transmitter output  Yv-power below 1 watt by the proportional amount that the directional gain of the antenna exceeds 6 dBi; and (#` x` ` x` ` (2) Either XxX` ` (#` x` `  (i) The antenna is 5 meters or less in height above ground; or (# XxX` ` (#` x` `  (ii) The antenna is more than 5 meters in height above ground but less than or equal to 15 meters in height above ground and either:(# XxX` ` (#` x` `  X(A) Adjusts its transmitter output power below 1 watt by 20 log  Yy-(h/5) dB, where h is the height above ground of the antenna in meters; or (# XxX` ` (#` x` `  X(B) Is providing the final link for communications of entities eligible under Subparts B or C of Part 90.(#  Y-  90.363 Grandfathering provisions for existing AVM Licensees.  Y- x(a) These provisions authorize grandfathered operation by automatic vehicle monitoring (AVM) systems licensed on or before February 3, 1995. To attain grandfathered status for their stations, existing multilateration AVM licensees must file, on or before  Y}- [insert date 60 days after publication in the Federal Register] , applications to modify their station licenses to comply with the band plan shown in Section 90.357(a). These applications to modify must identify the multilateration subband or subbands in which the applicants intend to operate their LMS system stations, once their applications to modify have been authorized. The application to modify a license to comply with the band plan shown in Section 90.357(a) may also include a modification to specify an alternate site, so long as the alternate site is 2 kilometers or less from the site specified in the original license. x(b) When existing multilateration AVM licensees file applications to modify, as  Y!-specified in paragraph (a), they must certify that either: Xx(1) The stations that compose their AVM system were constructed and placed in  Yj$-operation in accordance with Section 90.155(e) on or before February 3, 1995 or (#  aU Xx(2) The stations were not constructed and placed in operation in accordance with  Y%'-Section 90.155(e) on or before February 3, 1995. (#"%'@0*((P("Ԍ Y-ԙx(c) Multilateration AVM systems that were constructed and placed in operation on or  Y-before February 3, 1995 will be given until April 1, 1998 to convert to the spectrum identified in their LMS system license. Such licensees may continue to operate their systems during this period. Licensees of multilateration AVM constructed and operational systems  Y-that do not file applications to modify on or before [insert date 60 days after publication in  Y-the Federal Register] , will be permitted to continue operations under the provisions of former Section 90.239 until April 1, 1998 or the end of their original license term, whichever occurs first, at which time such licenses will cancel automatically and will not be renewed.  Y -x(d) Multilateration AVM licensees for stations that were not constructed and placed  Y -in operation on or before February 3, 1995 must construct their LMS systems and place them in operation on the spectrum identified in their LMS system license on or before April 1, 1996, or their licenses will cancel automatically (see Section 90.155(e)). Also, these licenses  Y -will cancel automatically on [insert date 60 days after publication in the Federal Register]  Y - unless timely modification applications are filed on or before this date (see paragraph (a)).  Y}-x(e) Nonmultilateration systems licensed in spectrum other than the 902.00904.00 and 909.75921.75 MHz bands must modify their licenses by April 1, 1998 to specify operation solely in the bands provided in Section 90.357(b) for nonmultilateration systems and to  Y8-operate their systems consistently with the provisions of Section 90.353.T ă  X!-aU  "!A0*(("  X--Appendix B ă  Y-List of Technical Studies, Tests and Analyses (included in the record in PR Docket 9361)  Y-June 25, 1993 Theoretical and Field Performance of Radiolocation Systems  Y-x` `  Pactel Teletrac filed on June 29, 1993  Y_-June 28, 1993 Engineering Analysis of Cochannel PulseRanging LMS Systems x` `  Professor Raymond Pickholtz, filed by Teletrac on June 29, 1993  Y -June 29, 1993 The relationship between Positionfixing rate & Occupied Bandwidth in x` `  AVL Systems x` `  Louis H. M. Jandrell, Pinpoint  Y -July 29, 1993 Response to Comments filed in PR Docket 9361 x` `  Louis H. M. Jandrell, Pinpoint  Yy-January 14, 1994 Capacity and Interference Resistance of SpreadSpectrum Automatic (#(#Xx` `  Vehicle Monitoring Systems in the 902 928 MHz ISM Band Interim x` `  Report Mobile Portable Radio Research Group of the Bradley Dept of x` `  Electrical Engineering at Virginia Tech, filed by Southwestern Bell x` `  Feb. 1, 1994  Y-January 20, 1994 Review and Discussion of the Pinpoint ARRAYTM Network and Its x` `  Performance  Y-x` `  Hatfield Associates, Inc., filed by Pinpoint  Y-March 15, 1994 Time Division Considerations for Wideband LMS Systems x` `  Technical Review of the Virginia Tech Interim Report "Capacity and x` `  Interference Resistance of Spread Spectrum Automatic Vehicle x` `  Monitoring Systems in the 902 928 MHz Band" x` `  Technical Review of Hatfield Associates' "Review and Discussion of x` `  the Pinpoint ARRAY Network and Its Performance" x` `  Graham Smith, MobileVision  Y!-May 10, 1994 Report on the Viability of Location Monitoring Services Technology x` `  Within the IVHS Industry x` `  MobileVision  YQ%-June 21, 1994 Experience with Part 15 Interference  Y:&-x` `  AirTouch Teletrac "#'B0*((_("Ԍ Y-June 22, 1994 Further Analysis of Interference of Part 15 Devices and LMS x` `  Wideband Systems x` `  Probability of Interference x` `  Graham Smith, MobileVision filed on June 22, 1994  Y-June 23, 1994 LMS Consensus Position on Part 15 Interference x` `  Filed by Teletrac, MobileVision, Pinpoint and Uniplex on June 23, x` `  1994  YH-x` `   Y1-August 2, 1994 Comments on MobileVision's "Further Analysis of Interference of Part x` `  15 Devices and LMS Wideband Systems Probability of Interference" x` `  Dr. Jay E. Padgett, Chairman, TIA Consumer Radio Section, filed by x` `  Part 15 Coalition on August 12, 1994  Y -August 8, 1994 Wide Area PulseRanging AVM/LMS: Messaging/Locating System x` `  Design Tradeoffs and Part 15 Interference x` `  Dr. Jay E. Padgett, Chairman, TIA Consumer Radio Section, filed by x` `  Part 15 Coalition on August 12, 1994  YK-September 15, 1994 Letter to William F. Caton concerning "Wide Area PulseRanging x` `  AVM/LMS: Messaging/Locating System Design Tradeoffs and Part 15 x` `  Interference" by Louis H. M . Jandrell, Pinpoint  Y-October 14, 1994 Capacity and Interference Resistance of SpreadSpectrum Automatic x` `  Vehicle Monitoring Systems in the 902 928 MHz ISM Band Final x` `  Report, Mobile and Portable Radio Research Group of the Bradley x` `  Department of Electrical Engineering, Virginia Tech x` `  Filed by Southwestern Bell on October 19, 1994  Ye-November 30, 1994 Response to Pinpoint's Comments on "Wide Area PulseRanging x` `  AVM/LMS: Messaging/Locating System Design Tradeoffs and Part 15 x` `  Interference" x` `  Dr. Jay E. Padgett, Chairman, TIA Consumer Radio Section  Y-December 7, 1994 On the Effect of Bandwidth on the Performance of AVM Systems x` `  Operating in the 902 928 MHz ISM Band x` `  Costas N. Georghiades x` `  Electrical Engineering Dept, Texas A&M University x` `  Filed by Pinpoint  Yh$-December 13, 1994 Desensitization Calculations for Part 15 Devices and Wideband LMS x` `  Graham Smith, MobileVision