WPC+ 2MBVRKZ3|j3 7jC:,9Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWddddddddddddddddddddddddddddddddddddddddNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP LaserJet 4HPLAS4.PRSXj\  P6G;\fRpXP2wEXK, X-#XP\  P6Q9XP#3|j3Times New RomanTimes New Roman BoldTimes New Roman ItalicTimes New Roman Bold Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWddddddddddddddddddddddddddddddddddddddddNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2 Z K X HP LaserJet 4HPLAS4.PRSXP\  P6Q\fRpXP"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddO< X-ԍ See Active Comments at 2; IVDS Licensees Comments at 6; RLV Comments at 3. RLV, for example, argues that as long as there is no threat of potential harmful interference to the other IVDS system in the market or adjacent IVDS systems, there is no compelling reason to restrict the use of mobile  X-RTUs, either via CTS or directly.<?< XB -ԍ RLV Comments at 3.< x26. Several commenters seek changes in IVDS rules that were not suggested in  XJ-the Notice. NAG, for example, requests an amendment to Section 95.805(b) to allow  X5-CTStoCTS transmissions on a primary basis.@@5< X-ԍ NAG Comments at 1213.@ NAG notes that the rules already permit such communications on an ancillary basis, and that not permitting these communications on a  X -primary basis is unduly restrictive and prohibits the provision of numerous potentially viable  X -applications that could satisfy existing consumer demands.9A d < X-ԍ Id.9 Aguayo agrees with NAG on  X -this point.XB  < X-ԍ See Reply Comments of Aguayo at 6.X NAG also requests that we change the combination antenna heights/CTS power restrictions to provide greater operating powers to certain types of CTS transmitters located at  X -lower heights.BC < X&-ԍ NAG Comments at 9.B According to NAG, with Concepts concurring,WD {< X-ԍ See Concepts Reply Comments at 2.W this change will minimize  X-deployment costs without undermining protections for broadcast television service.CE.< Xs -ԍ NAG Comments at 10.C  X}-ITV/IALC requests that the Commission eliminate the automatic power adjustment  Xf-requirement for RTUs of 100 milliwatts ERP or less.QFf< X#-ԍ See ITV/IALC Comments at 4.Q ITV/IALC notes that no opposition  XO-was expressed.GGO< X&-ԍ ITV/IALC Reply Comments at 1.G "8 CG0*(("Ԍx27. Finally, several commenters request clarification regarding the IVDS service classification and the rules governing interconnection with the Public Switched Network (PSN). For example, EON seeks clarification on language in proposed Section 95.805(c), 47 C.F.R.  95.805(c), which proposed to prohibit interconnection with the PSN or any  X-Commercial Mobile Radio Service (CMRS).H< X-ԍ EON suggests that Section 95.805(c) be amended so that no RTU may be interconnected directly with the PSN or any CMRS. EON Comments at 3. RTT states that the regulations should preclude  X-RTUs fro m direct access to the PSN so that IVDS will not become a CMRS. However, it also argues that the Commission should not regulate interconnection of CTSs to the PSN, or  X_-regulate IVDS as CMRS if CTS interconnection is permitted and utilized.DI_b< Xr -ԍ RTT Reply Comments at 23.D Grand asks that  XH-IVDS be declared a Private Mobile Radio Service (PMRS) to avoid confusion,@JH< X -ԍ Grand Comments at 25.@ while  X1-Aguayo disagrees that this is necessary.EK1< X-ԍ Aguayo Reply Comments at 4.E  X - x28. Decision. We are adopting our proposal to allow indirect RTUtoRTU operations but will continue to prohibit direct RTUtoRTU operations. Protecting TV channel 13 from  X -interference is a primary concern in regulating IVDS, and direct RTUtoRTU operation  X -would increase interference potential to TV channel 13. We believe this to be the case  X -because, inter alia, the licensee cannot monitor and directly control interfering RTUtoRTU transmissions, and permitting such direct transmissions increases the possibility of interference to the interplay of CTS and RTU transmissions. Further, we are eliminating the requirement that RTUs operating at 100 milliwatts or less incorporate automatic power control. We conclude that there is no need for automatic power control at such low power levels, and eliminating the requirement will reduce equipment costs. We are also permitting direct CTStoCTS communications (fixed pointtopoint communications) on a primary basis, because we find that such fixed operation can be designed to eleiminate potential interference to TV channel 13 operations and not present the interference potential presented by direct RTUtoRTU operations. Finally, we decline to take action on the request to change the antenna height/power limitations. The record evidence in this proceeding is not sufficient to consider this proposal.  X- x x29. Several commenters addressed the related issues of service classification and  Xi-interconnection with the PSN. In the Report and Order establishing IVDS, we classified IVDS as a private service primarily because IVDS licensees would provide services of a  X=-personal nature.dL=u< Xc&-ԍ See Report and Order, 7 FCC Rcd at 1637.d In addition, we stated that the purpose of IVDS is to provide information,"= ( L0*(("  X-products, or services to individual subscribers and to accept interactive responses.XM< Xy-ԍ Id. X We do  X-not believe, nor have the commenters demonstrated, that interconnection with the PSN is critical to this type of operation. In fact, we are concerned that allowing interconnection with  X-the PSN at this time could impede IVDS from reaching its full unique potential. We  X-recognize that i nterconnection with the PSN, coupled with mobile offerings, might convert IVDS generally from a private service to a commercial service, requiring an application of  Xv-different and more restrictive regulation from the present regulation.Nv{< X -ԍ See generally 47 U.S.C.  332(d); Second Report and Order, GN Docket No. 93252, 9 FCC Rcd 1411 (1994). For this reason, several  X_-commenters supported continuing to regulate IVDS as a private service. In view of the  XH-abovedescribed drawbacks of permitting interconnection with the PSN (i.e., the lack of demonstrated need, the impairment of the development of the service as envisioned, and the resulting potential reclassification of the service as commercial), we decline to permit such interconnection. This determination is consistent with retaining IVDS as a private, although newly mobile, radio service.  X -;  IV. FINAL REGULATORY FLEXIBILITY ANALYSIS ĐTT TPx30. Pursuant to 5 U.S.C.  603, an initial Regulatory Flexibility Analysis was  X{-incorporated in the Notice of Proposed Rule Making in WT Docket No. 9547. Written  Xf-comments on the proposals in the Notice, including the Regulatory Flexibility Analysis, were requested.  X:-   X#-x31. Need for and Objective of Rules. Our objective is to allow a coprimary mobile component to a consumeroriented interactive video and data service. The rules adopted herein will provide for greater flexibility in implementing this new service, enhance economic and spectrum efficiency, and enhance telecommunication service offerings for consumers, producers and new entrants.  X-x32. Issues Raised by the Public in Response to the Initial Analysis. All commenters supported mobile service for IVDS, although a majority of those suggested modifications to  Xo-specific proposals set forth in the Notice. No party suggested modifications specifically to the  XZ-initial regulatory flexibility analysis.  X,-x33. Any Significant Alternative Minimizing Impact on Small Entities and Consistent  X-with Stated Objectives. These adopted rule changes will allow greater business opportunities and greater flexibility in the business decisions of IVDS licensees, many of which are small businesses. "! N0*(( "Ԍ X-ԙn V. ORDERING CLAUSE T TPx34. Accordingly, IT IS ORDERED that Part 95 of the Commission's Rules IS AMENDED as specified below, effective 30 days after publication in the Federal Register.  X-This action is taken pursuant to Sections 4(i), 303(b), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(b), and 303(r). x35. IT IS FURTHER ORDERED that this proceeding IS TERMINATED. x36. For further information, contact Robert H. McNamara of the Wireless Telecommunications Bureau, Private Wireless Division, (202) 4180680.  X -x` `  hhFEDERAL COMMUNICATIONS COMMISSION  X- x` `  hhWilliam F. Caton   x` `  hhActing Secretary  XK- "KN0*(("  X-) 1. 1. 1.(1)(a)(i) 1) a) 1 a. i.(1)(a)(i) 1) a) APPENDIX A #Xj\  P6G;XP# T  X-  COMMENTS AND REPLY COMMENTS FILED IN  X-WT DOCKET NO. 9547  Đ X-TP#Xj\  P6G;XP#  W< Comments  X_-1) Active Communications Partners (Active) 2) Erwin Aguayo, Jr. (Aguayo) 3) Brown and Schwaninger (Brown) 4) Commercial Realty St. Pete, Inc. (CRSPI) 5) Committee for Effective IVDS Regulation (CEIR) 6) Concepts to Operations, Inc. (Concepts) 7) Dispatch Interactive Television (Dispatch) 8) EON Corporation (EON) 9) Grand Broadcasting Corporation (GBC) 10) JoAnn Hartley (Hartley) 11) Interactive Management Services, LLC (IMS) 12) Interactive Service Designs (ISD) 13) ITV, Inc. (ITV) & IVDS Affiliates, LLC (ITV/IALC) 14) IVDS Licensees 15) J D Engineering (JD) 16) Henry Mayfield (Mayfield) 17) National Action Group for IVDS (NAG) 18) Radio Telecom & Technology Inc. (RTT) 19) SEA Inc. (SEA) " (N +o)o)&"Ԍ 20) Tel/Logic Inc. (Tel/Logic) 21) Triad TV Data (Triad) 22) Two Way TV/Wireless Plus (Two Way) 23) Richard L. Vega Group (RLV)  XH-T#Xj\  P6G;XP#у 24) Windgate Fund LLC (Windgate)  W < Reply Comments  X -1) Erwin Aguayo, Jr. (Aguayo) 2) Brown and Schwaninger (Brown) 3) Commercial Realty St. Pete Inc. (CRSPI) 4) Concepts to Operations, Inc. (Concepts) 5) Dispatch Interactive Television (Dispatch) 6) EON Corporation (EON) 7) ITV, Inc. & IVDS Affiliates, LLC (ITV/IALC) 8) IVDS Licensees 9) Association for Maximum Service Television, Inc. (MSTV) 10) Henry Mayfield (Mayfield) 11) National Action Group for IVDS (NAG) 12) National Association of Broadcasters (NAB) 13) Radio Telecom and Technology Inc. (RTT) 14) SEA Inc. (SEA) 15) Two Way TV/Wireless Plus (Two Way)  X (-16) Wireless Ventures, Inc. (Wireless) " (N +o)o)&" )APPENDIX B  X- Part 95 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows: Part 95 Personal Radio Services 1. The authority citation for Part 95 continues to read as follows:  XH- Authority citation: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C.  154, 303. 2. Section 95.803 is amended by revising paragraphs (a) and (b) to read as follows:  X -  95.803 IVDS description. (a) An IVDS system is a pointtomultipoint, multipointtopoint, short distance communications service for its licensees to provide information, products, or services to, and allow interactive responses from, subscribers in the licensee's service area. (b) The components of each IVDS system are its administrative apparatus, its response transmitter units (RTUs), and one or more cell transmitter stations (CTSs). RTUs may be used in any location within the service area. Each IVDS system is authorized for a specific service area and frequency segment. There can be a maximum of two IVDS systems per service area. There are two frequency segments available for each service area. * * * * * 3. Section 95.805 is amended by revising paragraphs (b), (c) and (e) to read as follows:  X|-  95.805 Permissible communications.  XN- * * * * * (b) Direct CTStoCTS communications within the same IVDS system are permitted.  X - (c) Direct RTUtoRTU communications are prohibited. No mobile RTU in an IVDS system may be interconnected with the public switched network or any commercial mobile radio service.  X!- * * * * * (e) An IVDS system may provide fixed and mobile service to subscribers within its service area. * * * * * " (N +o)o)&"Ԍ4. Section 95.855 is amended by revising paragraph (a) to read as follows:  X-  95.855 Transmitter effective radiated power limitation. (a) The effective radiated power (ERP) of each CTS and RTU shall be limited to the minimum necessary for successful communications. RTUs with powers in excess of 100 milliwatts must incorporate automatic power control to ensure the minimum ERP is used. No CTS may transmit with an ERP exceeding 20 watts. No fixed RTU may transmit with an ERP exceeding 20 watts. No mobile RTU may transmit with an ERP exceeding 100 milliwatts mean power.  X - * * * * * 5. Section 95. 863 is amended to read as follows:  X -  95.863 Duty Cycle. (a) Except as provided in (b) of this section, the maximum duty cycle of each RTU, either fixed or mobile, shall not exceed 5 secondsperhour, or, alternatively, not exceed one percent within any 100 millisecond interval. (b) The duty cycle limitation specified above for RTUs does not apply in the following situations: x(1) to fixed and mobile RTUs when there is no TV channel 13 predicted Grade B contour overlap in the licensed service area; or x x(2) to fixed RTUs in areas where there is Grade B contour overlap and the RTU is located outside the TV channel 13 predicted Grade B contour but within the licensed service area.