WPC# 2M BRK<mes New Roman3|j%Times New Roman Boldj\  P6G;+XP#"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""FCC 9761 ă  yxdddy RՊ  X0+JBefore the à  X0 w  Federal Communications Commission ă  X0 Washington, D.C. 20554 ă In the Matter ofj) j)  X_0Replacement of Part 90 by Part 88 to Revisej)PR Docket No. 92235 the Private Land Mobile Radio Services andj) Modify the Policies Governing Themj) j) andj) j) Examination of Exclusivity and Frequencyj) Assignments Policies of the Private Landj) Mobile Servicesj)  Xb0 SECOND REPORT AND ORDER lU  X0X` hp x (#%'0*,.8135@8:   ԍReplacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the  P"Policies Governing Them and Examination of Exclusivity and Frequency Assignment Policies of the Private Land  {O  P"0Mobile Services, PR Docket No. 92235, Report and Order and Further Notice of Proposed Rule Making, 10 FCC Rcd 10076 (1995). In that decision, we adopted extensive rule changes to promote highly  P"peffective and efficient use of the PLMR spectrum and to facilitate the introduction of advanced  X0 P" technologies into the private mobile services.LM {O ԍSee id. at 10092101.L We also concluded that the PLMR Services must  P"P be consolidated and that competition should be introduced into the coordinator services for each  Xi0 P" service group.Di#M {O" ԍId. at 10081.D We stated that consolidation of the twenty PLMR service groups below 800 MHz  P"0 would "provide for more efficient allocation of the increased capacity created by the introduction  X;0of more efficient technology.":;M {O_% ԍId.: "$ ,-(-(ZZ"Ԍ X0 02.SIX MONTH DELAY ` ` By this Second Report and Order, we consolidate the twenty PLMR Services into  P" two broad service pools, with appropriate provision for ensuring that the safety of the public will  P"`not be compromised. In addition, we resolve two other issues raised in conjunction with  P"consolidation: (a) whether to permit centralized trunking, and (b) how to implement the decision  X0 P"in the R&O to provide protection for current low power operations in the 450470 MHz band.  P"Additionally, we address a Request for Temporary Relief filed by several public safety  Xz0 P"@ coordinators.XzM yO   ԍJoint Request for Temporary Relief filed February 4, 1997, by International Municipal Signal Association  P" (IMSA), International Association of Fire Chiefs, Inc. (IAFC), American Association of State Highway and Transportation Officials (AASHTO), and ForestryConservation Communications Association (FCCA). We have, generally, delayed the effective date of these rules until six months after  P"publication in the Federal Register in order to provide coordinators sufficient time to implement  XL0 P"consolidation.$LM yO   ԍThe specific rule changes adopted herein are contained in Appendix D. We note that our actions today do  {O  P"not resolve issues raised in the Further Notice portion of the R&O concerning the introduction of marketbased  {OV  P"incentives, such as exclusivity, spectrum user fees and competitive bidding. See R&O, 10 FCC Rcd at 1012641. We will address those issues in a future order. Today's action is the next critical step toward providing a regulatory framework which promotes efficient use of PLMR spectrum below 800 MHz.  X 0 II. EXECUTIVE SUMMARY ĐlU  X 0 3.II.` ` The primary action taken today is the consolidation of the twenty PLMR Services  P"into two pools one for Public Safety (including the Special Emergency Radio Service) and one  P"for Industrial/Business. By reducing the number of pools to two, we will, consistent with safety  P" considerations, ensure the most efficient distribution of the additional channels created as a result  P"of the transition to narrowband technology, permit licensees to better utilize technologically  P"@ innovative and efficient equipment, and reduce administrative burdens. The steps we have taken  P"p to guarantee that this consolidation does not jeopardize public safety are twofold. First, we have  P"@ established a separate Public Safety Pool as well as a structure within the new Public Safety Pool,  P"0whereby each of the existing Public Safety frequency coordinators can continue to manage  P"frequencies that they were responsible for prior to consolidation, with one exception. We will  P"allow any of the current certified coordinators in the Public Safety Radio Services to coordinate  X0 P"frequencies allocated to the Local Government Radio Service.jM {O ԍSee para. EXPAND LOC GOVT38, infra.j Second, we have identified three  P"types of entities within the new Industrial/Business pool railroad, power, and petroleum  P"0companies that routinely use PLMR frequencies for critical public safetyrelated  P"Pcommunications. To ensure that the integrity of these communications is not impaired, we will  P"P require anyone who seeks to use the frequencies previously allocated specifically for these types  P"of operations to go through the same frequency coordinators that have been responsible for  P"`coordinating these frequencies. For example, a nonrailroad business that seeks to use a  P"frequency previously allocated to the Railroad Radio Service would be required to coordinate its"$$ ,-(-(ZZ`"  X0 P" request through the frequency coordinator for this service (i.e., the Association of American Railroads).  X0 4. ` ` We are also taking action to ensure that the communications needs of public safety  P"0 entities can continue to be met during the six month period prior to the effective date of the rules.  P"pTherefore, effective upon publication in the Federal Register, we are expanding eligibility in the  P"`Local Government Radio Service to include the nongovernmental entities that are currently  Xa0eligible in the Fire and ForestryConservation Radio Services."aM {O   ԍSee 47 C.F.R.  90.21(a) and 90.25(a). Nongovernmental entities such as volunteer fire departments and  P"nature conservatories are eligible to hold authorizations in the Fire and ForestryConservation Radio Services,  P"provided that they are accompanied by a supporting statement from the governmental entity having legal jurisdiction over the area to be served.  X30 @5. ` ` Our decision today will also facilitate the efficient use of the PLMR spectrum in the following ways:  X 0  ` ` The Industrial/Business frequency pool will be administered by multiple  0coordinators, each of whom will have the authority to coordinate use of any  0frequency within the pool (with the exception of railroad, power, and petroleum  frequencies, as described above). Thus, users will have the opportunity to make marketplace decisions when seeking the services of a frequency coordinator.(#`  Xd0 ` ` Licensees will be able to operate highly efficient trunked systems in the bands  below 800 MHz, with certain limitations designed to protect the interests of  X60 existing users sharing the same spectrum (i.e., with concurrence of affected licensees and compliance with frequency coordination requirements).(#`  X0 P` ` We are adopting an approach for ensuring that the current low power use of frequencies will be accommodated without undue disruption of service.(#`  X0A, III. BACKGROUND ă  Xi0 6. III.  ` ` This proceeding concerns PLMR frequencies in the bands below 800 MHz  P"administered under Part 90 of the Commission's Rules (47 C.F.R. Part 90). The bands, in  P"general, are: 150174 MHz, 421430 MHz, 450470 MHz and 470512 MHz. Under our current  P"rules, these frequencies are divided into twenty separate radio services, grouped in four general categories as shown in Table 1, below. ",-(-(ZZ "Ԍ X0Z5 Table 1: Current Private Land Mobile Radio Services Grouped by General CategorieslU  J ddx !ddxx J    @    Xz0Public Safety Radio Services: Local Government, Police, Fire, Highway Maintenance, ForestryConservation, and  XN0Emergency Medical Radio Services  V 0Special Emergency Radio Service   yOI   ԍThe Special Emergency Radio Service (SERS) covers the licensing of the following categories of activities:  P"@medical services, rescue organizations veterinarians, handicapped persons, disaster relief organizations, school buses,  P"beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communication facilities.  X0Industrial Radio Services: Power, Petroleum, Forest Products, Film & Video Production, Relay Press, Special Industrial, Business, Manufacturers, and Telephone Maintenance Radio Services  X 0Land Transportation Radio Services: Motor Carrier, Railroad, Taxicab, and Automobile Emergency Radio Services @ 5  X0   7.` ` The Radiolocation Service (47 C.F.R. Part 90, Subpart F) is not listed in Table 1,  P"even though it has frequencies below 800 MHz, because it is not considered a PLMR Service.  P" While frequencies in the 421430 MHz and 470512 MHz bands are available for PLMR use,  P"these bands are allotted and allocated differently than the other PLMR frequencies below 800  P"MHz. Rather than being available nationwide and allocated to one of the twenty radio services,  P"0they are available only in certain cities and allocated to certain pools. Specifically, the 421430  P"PMHz band is available only in Detroit, Cleveland, and Buffalo, and frequencies in this band are  X0 P"` divided into three pools: Public Safety, Business, and Industrial/Land Transportation.Q  {O$ ԍSee 47 C.F.R.  90.273.Q The 470 P"512 MHz band is available for PLMR use in only thirteen cities, and frequencies in this band  P"Pwere originally divided into seven pools. Later, however, the rules were changed to put the  X0spectrum into one General Access Pool.X ! {OP ԍSee 47 C.F.R. Part 90, Subpart L.X  Xq0 `8.` ` In determining that consolidation of the twenty PLMR Services set out in Table  P"01 would best serve the public interest, we stressed that the intended purpose of consolidating  P"radio services "is to distribute assignments between lowuse and highuse groups more evenly,  P"to simplify interservice sharing procedures, to organize channel allocations that will enable  P"@licensees to more easily utilize advanced technologies, and to organize the services in such  X0 P"manner to achieve more efficient and flexible spectrum use."F  yO ' ԍ10 FCC Rcd. at 10106.F We also recognized the" ,-(-(ZZ@"  P"importance of different services, particularly Public Safety, and encouraged commenters to  X0 P"@develop a plan that included a Public Safety pool.;  {Ob ԍId. ; We further recommended that such a plan  X0 P"contain clear guidelines regarding the requirements for inclusion in such a Public Safety pool.:Z {O ԍId.:  P"@ We considered these guidelines necessary to prevent overcrowding and to maintain the integrity  X0 P"of critical functions of the users included within this pool.D {O ԍId. at 10107.D While we indicated that two to four  P"broad categories, including one for Public Safety licensees, appeared reasonable, we deferred a  P"Pfinal decision on the precise contours of consolidation to provide members of the PLMR  P"community, including users, manufacturers, and frequency coordinators, with an opportunity to  P"negotiate and submit a consensus consolidation proposal to the Commission. In providing this  P"` opportunity, we stated that if a consensus could not be reached, we would adopt a plan based on  X 0the record.D < {O ԍId. at 10082.D That contingency has come to pass; no consensus was reached.  X 0 09.` ` We also recommended that the PLMR community address other related issues,  P" such as how to effectively introduce competition among frequency coordinators, whether a single  P" coordinator or multiple coordinators should be authorized for public safety users, how the existing  P"databases can be shared to ensure fair competition among all of the frequency coordinators,  P" whether a national realtime data base to reflect frequency assignments can be created and used,  P"and what approach should be taken to designate frequencies for low power use on a primary  P"basis. We received twentyeight comments, fourteen reply comments, and two supplemental  XK0 P"comments recommending or supporting a variety of consolidation plans\K yO   ԍCOMMENT NOTESixteen comments, three reply comments, and both supplemental comments focused solely on the issues of  {OP  P"@consolidation. The remaining comments focused on both consolidation and the issues of the Further Notice of  {O Proposed Rule Making in this proceeding. A list of the parties filing comments is provided in Appendix A. and a number of ex  X60 P" parte submissions.6  {Ov ԍNumerous ex parte filings were in the form of Congressional correspondence. In addition, the Industrial Telecommunications Association (ITA) submitted  X!0 P"a proposed technical blueprint for consolidation (Blueprint).!!  {O   ԍSee ex parte submission of ITA on January 21, 1997, titled "Proposed Technical Blueprint for Frequency Use Limitations in the Postrefarming Environment." We placed this on Public Notice  X 0and received forty comments and nine reply comments in response.q Z  yO" ԍA list of the parties filing comments is provided in Appendix A.q  X0  10.` ` The Commission also received a number of petitions for reconsideration requesting  X0 P"that we reconsider or clarify various rule changes adopted in the R&O. Several of the petitions",-(-(ZZp"  X0 P" !raised issues related to consolidation.Z {Oy   ԍSee, e.g., UTC, The Telecommunications Association (UTC) Petition for Reconsideration at 68; Alarm  P"`Industry Communications Committee Petition for Reconsideration at 67; SpaceLabs Medical, Inc. (SpaceLabs) Petition for Reconsideration at 78; HewlettPackard (HP) Petition for Reconsideration at 34. In our recent Memorandum Opinion and Order addressing  P"these petitions, we stated that we would address the issues related to consolidation when we  X0 P"0adopted a specific consolidation plan.$ {ON   ԍSee Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the  P"Policies Governing Them and Examination of Exclusivity and Frequency Assignment Policies of the Private Land  {O  P"Mobile Services, PR Docket No. 92235, Memorandum Opinion and Order, __ FCC Rcd _____ (199_) (MO&O) at paras. 9899. Finally, the Commission received a Request for  P"pTemporary Relief to permit the frequency coordinators for the Fire, Highway Maintenance, and  P"ForestryConservation Radio Services to continue to coordinate frequencies that were formerly  X0assigned to their respective pools as low power offset channels.X yO   ԍJoint Request for Temporary Relief filed February 4, 1997, by International Municipal Signal Association  P" (IMSA), International Association of Fire Chiefs, Inc. (IAFC), American Association of State Highway and Transportation Officials (AASHTO), and ForestryConservation Communications Association (FCCA).  XJ03 IV. DISCUSSION ĐlU  X 0 A. Consolidation Plan  X 0 1.` ` Number of Pools  X 0  11. IV.A.1  ` ` As indicated above, we received a wide range of recommendations in response to  P" our call for a consensus plan on consolidation. A number of commenters support consolidation.  X0 P"Some endorse the idea in general terms,  {O   `ԍSee, e.g., Boeing Corporation (Boeing) Comments at 12; Maximum Service Television, Inc. Reply Comments at 4; Potlatch Corporation Comments at 1. while others advocate specific consolidation plans.  {O ԍSee, e.g., American Petroleum Institute (API) Comments at 6; UTC Comments at 4.  P" The plans contain a range of choices, proposing consolidation of the PLMR Services into two to  P"five pools. Those who propose specific plans all agree that there should be a separate pool for  P"0 public safety (or "emergency response") services. The disagreement lies in how many additional  P" pools there should be. Supporters of a twopool approach (public safety and all others) argue that  P"to increase efficiency and more evenly distribute spectrum, the Commission must not segregate  P"Pservices into arbitrary and needless classifications, and that advanced technologies make it  X0 P" unnecessary to distinguish different types of communications.U"^ {O$   @ԍSee, e.g., Joint Pool Consolidation Proposal (Joint Pool) (includes: Personal Communications Industry  P"@Association, Industrial Telecommunications Association, Alliance of Motion Picture and Television Producers,  P"0Newspaper Association of America, and Telephone Maintenance frequency Advisory Committee) at 4; Personal  P" Communications Industry Association (PCIA) Reply Comments at 13. Additionally, several entities endorse the two"9',-(-('"ԫ {O  P"pool proposal contained in ITA's Blueprint. See, e.g., Aeronautical Radio, Inc. (ARINC) Comments to Blueprint at 2; Alliance Communications Comments to Blueprint; and E.F. Johnson Company Comments to Blueprint at 34.U Those that recommend more than"",-(-(ZZ"  P"two pools make two principal arguments. First, they contend that licensees who use their  P"spectrum to provide safetyrelated communications even if they do not operate within one of  P"Pthe public safety services should be placed in a different pool than licensees who use the  X0 P" spectrum predominately for businessrelated communications.q" yOm   PԍIn order to ensure a high degree of reliability, some commenters express the need to separate users based  P"on whether the system is used predominantly for safety. For example, the use of radio to dispatch taxicabs is  P"0different than the use of radio in ensuring the public welfare by restoring electric service after a storm induced power  {O  P"outage which is different from the use of radio to coordinate fire fighting activities or rescue operations. See, e.g., UTC Comments at 78.q Second, proponents of a more P"P thantwo pool approach argue that a need exists to group services based on user compatibility as  X0 P"p a function of the type of business conducted. yO   ԍFor example, the Coalition of Industrial and Land Transportation Radio Users (Coalition) (which include  P"American Automobile Association, American Trucking Associations, Inc., Forest Industries Telecommunications,  P"pInternational Taxicab and Livery Association, and Manufacturers Radio Frequency Advisory Committee) asserts that  P"it is common sense to group public safety agencies in a Public Safety Pool and land transportation companies in a  P"`Land Transportation Pool because these entities are engaged in similar activities and already share many frequencies.  {O See Coalition Consolidation Plan at 4. Individual consolidation proposals, filed by both those who support and oppose consolidation, are summarized in Appendix B.  XH0  12.` ` A number of commenters oppose consolidation in general, arguing that the current  X10 P"Psystem should be retained.1  {O   ԍSee, e.g., AASHTO Comments at 34; Burlington Northern Santa Fe Corporation Comments at 12; and CSX Transportation, Inc. (CSX) Comments at 35. Several commenters suggest that the Commission change the  X 0 P"@interservice sharing rules E yO   ԍThe interservice sharing rules allow entities in one radio service to use frequencies in another radio service  {O under certain conditions. See 47 C.F.R.  90.176. rather than consolidate the radio services. ~ {O(   ԍSee, e.g., Joint Comments of Specialized Land Mobile Communications Users (Joint Commenters) (includes:  P"PAmerican Automobile Association, American Trucking Associations, Inc., Association of American Railroads,  P"pCentral Alarm Station Association, Forest Industries Telecommunications, International Taxicab and Livery  P"Association, and Manufacturers Radio Frequency Advisory Committee) Comments at 34; American Automobile Association (AAA) comments at 3; Alarm Industry Communications Committee (AICC.) Comments at 3. Still others oppose  P"consolidation but, at the same time, offer specific suggestions on how consolidation should be  X 0 P"accomplished if the Commission should decide to do so.r  {O" ԍSee, e.g., AICC comments at 57; AAA comments at 58.r For the most part, these suggestions  P"center on protecting safetyrelated communications. For example, the Association of Public P"Safety Communications OfficialsInternational, Inc. (APCO) recommends that the present public"  ,-(-(ZZ "  P" safety block allocation continue in order to preserve the ability of all public safety agencies to  X0use the spectrum to protect life and property.i! yOb ԍAPCO Position Paper on Radio Service Consolidation at 1.i  X0  13.` ` Entities other than public safety organizations also argue that they use radio for  P"0 critical safety communications and that these communications should be protected. For example,  P"the Association of American Railroads (AAR) states that the railroads must be guaranteed clear  P"channels in a dedicated block of spectrum due to safety concerns and must retain the right to  X_0 P"0determine who has access to railroad frequencies.J"_X yOG ԍAAR Comments at 4 and 13.J It recommends that the Railroad Radio  XH0 P"Service not be consolidated with any other radio service@#H {O ԍId. at 4.@ or that the Commission create a  X10 P"`separate rule part for railroad radio.h$X18 yO   ԍAAR Supplemental Comments of April 12, 1996, at 23. AAR compares the use of radio by the railroads  P"pto that of the airlines. They state that, similar to the airlines, the railroad business is fundamentally vehicular in nature and radio is used for minutebyminute operations.h Similarly, API argues for separate treatment for spectrum  P"used by the petroleum companies, given the use of the Petroleum Radio Service in protecting  X 0 P"employee safety during such operations as exploration, drilling, and maintaining refineries.R% 7 yO ԍAPI Supplemental Comments at 23.R  P"Several commenters support the notion that some types of entities should receive special  X 0treatment.3&&  {O    ԍSee,e.g., American Electric Power Comments to Blueprint at 1; Coalition Comments to Blueprint at 45.  {O  P"Additionally, many utility companies provided comments supporting UTC's three pool consolidation proposal. See,  {O  P"e.g., Carolina Power and Light Company Comments to Blueprint; Detroit Edison Comments to Blueprint; Kentucky Utilities Commission Comments to Blueprint; and Potomac Electric Power Company Comments to Blueprint.3  X 0  14.` ` In general, those that oppose consolidation argue that the Commission's reasons  P"for consolidation are flawed. They contend that: (1) it is important in radio services where  P"licensees use radio for safetyrelated communications that the current frequency coordinator  P"@ maintain control over how the channels in that radio service are used; (2) the current pool system  P" works and that service specific allocations are necessary because the disparate nature of the radio  P"services does not lend itself to a "one size fits all" approach; and (3) consolidation will increase  X0the complexity of radio equipment as well as the coordination process.'s  {O " ԍSee, e.g., Joint Commenters Comments at 14; AICC Comments at 4; AAA Comments at 4.  X0 15.` ` After careful analysis, we have determined that a modified twopool approach will  P" best achieve the benefits of consolidation without compromising safety of the general public. Our  P"primary goal in this proceeding has been to increase spectrum efficiency in the PLMR bands  P"0below 800 MHz. A consolidation of all twenty PLMR services will significantly increase" ',-(-(ZZ@"  P"@ licensee flexibility to manage the spectrum more efficiently through access to additional spectrum  P"and accommodation of advanced technologies. An additional benefit of PLMR service  P"P consolidation is that it should reduce administrative burdens on users as well as the Commission.  P"As explained below, a single pool, while maximizing certain efficiencies, poses too great a risk  P"p to the integrity of the communications operations of law enforcement, fire, and other public safety  P"providers. On the other side of the equation, three or more pools appear unnecessary and  P"ultimately will not foster more efficient spectrum use. We believe that the safeguards we are  P"0adopting for safetyrelated communications combined with the modifications to the frequency  P"coordination process will adequately address the concerns raised by the proponents of three or more service pools.  X 0 16.` ` Our reasons for establishing a separate public safety pool stem from the fact that  P"a majority of the communications required by the public safety community are used to protect  P" life and property and because public safety operations can affect the lives of hundreds, thousands  P"`or even tens of thousands of people. We recognize that competing demands for and use of  P"spectrum from entities with a different mission and less critical set of needs than this community  P"could place an unacceptable strain on the integrity of public safety spectrum use. We can limit  P"P such a strain by creating a separate pool limited to public safety communications. Moreover, this  P"approach is consistent with our goal to foster a regulatory environment in which agencies  P"involved in the protection of life and property have the communications resources they need to  P"Pcarry out their mission and an opportunity to select from a wide range of advanced wireless  X0communications services.(\ {O   ԍSee, e.g., The Development of Operational, Technical, and Spectrum Requirements for Meeting Federal,  P"State and Local Public Safety; Agency Communication Requirements Through the Year 2010, WT Docket No. 9686,  {O( Notice of Proposed Rule Making, 11 FCC Rcd 12460 (1996) (Public Safety Notice).  X0 17.` ` With respect to those licensees that are not, strictly speaking, public safety entities  P" but nevertheless use radio communications to serve critical safety functions, we believe that it is  X0 P"unnecessary to segregate channels on a nationwide basis (e.g., separate pools) to protect such  P" communications, as suggested by some commenters. Rather, this protection can be provided by  P"@ the frequency coordination process in the particular service area where the channel is being used  P"`for safetyrelated communications. To ensure that such communications are protected, we will  P"require, as suggested by AAR, applicants for frequencies that are currently allocated to certain  P"radio services where radio is often used for critical public safety communications to go through  X90 P"the current recognized coordinator.D)9 yO! ԍAAR Comments at 13.D In this way, critical communications capabilities can be  P"protected by the coordinator who is intimately familiar with the use of these frequencies while  P"still allowing the channel to be used by other entities in other parts of the country. For example,  P" electric companies routinely use PLMR to coordinate power restoration efforts during an outage.  P"Under the current radio service structure, frequencies used by electric companies are licensed  P"under the Power Radio Service, and only available to eligibles in that service. Under a combined  P"`nonPublic Safety Radio Service Pool structure, the channel used by an electric company to"! [),-(-(ZZ""  P"P coordinate repair efforts can be protected through the frequency coordination process in the area  P"P where the channel is used for critical communications and still be readily available to others, such as manufacturers or taxicabs, in other areas.  X0  3'3'Standard3'3'StandardHPLA4SAD.PRSX\ X 18.COORD RED'D` ` This twopool structure is also best in terms of increasing flexibility and spectrum  P" efficiency by giving users access to a larger pool of frequencies. Under a consolidated nonpublic  P"Psafety pool, for example, frequencies initially set aside for tree logging and tree farming (Forest  P" Products Radio Service) can be used in cities by taxicabs, service companies or other businesses  P"operated in an urban environment without invoking the interservice sharing rules. Similarly,  P"frequencies initially set aside for taxicabs (Taxicab Radio Service) could be used in rural areas  P"by farmers or in the operation of mines. Also, a farmer who uses radio predominantly during  P"the daytime hours can readily share a frequency with a delivery company or security firm that  P"works primarily during the night. Further, the increased flexibility provided by a twopool  P"structure enhances the use of advanced technologies, such as trunking. For example, making  P"additional spectrum available to licensees will allow public safety entities to more easily  P"implement and use trunked systems to perform a number of their public safety functions. We  P"believe that such a result is in the public interest because it will help improve public safety  P"@communication capabilities and reduce the costs of building and operating public safety communication systems.  X40 19.` ` A twopool structure also reduces administrative and financial burdens on  P"applicants. For example, this consolidation approach will eliminate the need to go through  P" interservice sharing procedures in order to obtain authorization to operate on frequencies available  P"`in other radio services. This in turn allows users to get on the air sooner as well as saves them  X0from having to pay more than one coordination fee.*`V yOQ   ԍOften when entities apply for frequencies through interservice sharing procedures they have to pay a coordination fee to each coordinator.  X0 p20.TWO POOLSCOORD RED'D` ` Accordingly, we are adopting two pools Public Safety and Industrial/Business-  P"as the basic framework for the PLMR bands below 800 MHz. Frequencies that were in any of  P"the Public Safety Radio Services will be combined in the new Public Safety Pool. Similarly,  P"@frequencies that were in any of the Industrial or Land Transportation Radio Services will be  XN0 P" combined in the new Industrial/Business Pool.+ N `V yO   ԍThe current FCC Form 600, Application for Mobile Radio Service Authorization, expires on October 31,  P"1997. The FCC is currently working with the Office of Management and Budget to recertify this form. As part of  P"this effort, we will update the instructions to the main form to reflect new twoletter codes for the consolidated Public Safety and Industrial/Business Pools below 800 MHz. Further, we put frequencies in the 421430 MHz  P"` band allocated for public safety use in three cities in the Public Safety Pool and those frequencies  P"allocated for business and industrial/land transportation use in three cities in the  P"0Industrial/Business Pool. Frequencies in each of the two pools will be available to all eligibles"  +,-(-(ZZ0"  X0 P"in that pool, unless reserved for a specific function.,`V yOy   `ԍI/B PRECLUDEFor example, we will continue to specify frequencies used for oil spill cleanup and for Air Terminal Use (ATU) at airports. The relationship of the current radio  X0 P"services to the new consolidated pools is shown in Table 2.-~ `V yO   ԍ We have excluded the Radiolocation Service because it is fundamentally different from other PLMR  P"services. Rather than listing specific frequencies, the rules for the Radiolocation service list permissible bands of  {O)  P"operation. See 47C.F.R.  90.103. These bands, the vast majority of which are above 800 MHz (refarming  {O  P"concerns PLMR frequencies below 800 MHz), are available only on a secondary basis to other operations (i.e.,  {O  P"Federal Government operations). Also, frequency coordination is not required for Radiolocation Licenses. See 47  P"C.F.R.  90.175(f)(6). Finally, none of the commenters recommended that the Radiolocation Service be included in the consolidation. We have listed the 470512 MHz  X0 P"band in each pool rather than divide up the frequencies between the two pools..E `V {O   ԍThis is supported by several commenters. See, e.g., E.F. Johnson Comments to Blueprint at 4; PCIA Comments to Blueprint at 4. The  P"Commission already consolidated the various pools in this band into one pool the General  P"Access Pool. Further, unlike our current approach to the other bands, where frequencies are  P"allocated to a specific service or group of services, frequencies in the 470512 MHz band are  P"available to all eligibles on a first come, first served basis. Thus, it would be impossible to  X_0divide these frequencies into different pools./_~ `V yOm   PԍWe are, however, taking this opportunity to eliminate reference to the seven pools in the 470512 MHz band Frequency Table (47 C.F.R.  90.311(a)) since they are no longer used. UTable 2: Private Land Mobile Radio Services in each of the two Pools l lUX` hp x (#%'0*,.8135@8: $jU {Ox# ԍSee Joint Request for Temporary Relief filed February 4, 1997, by IMSA, IAFC, AASHTO, and FCCA. These coordinators are concerned that the  X 0 P"reallocation of former low power offset channels in the Refarming Report and Order from the  P" Fire, ForestryConservation, and Highway Maintenance Radio services to the Local Government">,-(-(ZZP "  X0 P"Radio ServiceV?jU {Oy ԍSee R&O, 10 FCC Rcd at 101079.V adversely affects the ability of users to access these channels and restricts the  X0 P"P coordinators' abilities to recommend suitable channels.e@ZjU yO ԍSee Joint Request for Temporary Relief at 12.e Specifically, nongovernmental entities,  P"0such as volunteer fire departments and nature conservatories, who are currently eligible in the  P" Fire and ForestryConservation Radio Services respectively, are not eligible in the Local  X0Government Radio ServiceA"jU {O   ԍSee 47 C.F.R.  90.17(a), 90.21(a), and 90.25(a). Certain nongovernmental entities may be authorized  P"to use frequencies in the Fire and ForestryConservation Radio Services upon written consent of the governmental  P"entity that has legal jurisdiction over the area to be served. No such provision exists in the Local Government Radio Service. and may suffer harm due to this reduction in available channels.cBjU {O ԍSee Joint Request for Temporary Relief at 2.c  Xv0 25.` ` To remedy this situation, these petitioners request that the Commission allow  P"coordination of new licenses for nongovernmental entities, that are eligible in the Fire and  P"ForestryConservation Radio Services, on the frequencies that they had access to prior to the  X10 P"Refarming Report and Order.cC1 jU {O ԍSee Joint Request for Temporary Relief at 3.c Pursuant to the rules adopted herein concerning consolidation,  P"0these non-governmental entities will be eligible for all frequencies in the public safety pool,  P"including the low power offsets transferred from the Fire and ForestryConservation Radio  P"Services to the Local Government Radio Service, provided they obtain a statement of support  P"from the governmental entity having legal jurisdiction over the area served. However, since the  X 0 P"0rule amendments being adopted in this Second Report and Order will not take effect for six  P"Pmonths, we are concerned that the identified entities could suffer harm if the Commission does  X0 P"0 not take more immediate action. Therefore, effective upon publication of this Second Report and  X0 P"Order in the Federal Register, we are amending the eligibility requirements of the Local  P"Government Radio Service to include nongovernmental entities who are currently eligible in the  P"`Fire and ForestryConservation Radio Services. As under the previous rules, these non P" government entities must obtain a statement of support from the governmental entity having legal  P" jurisdiction over the area to be served. Such action will provide these nongovernmental entities access to the spectrum they need to ensure the integrity of their communications systems.  X0 P26. JNT RQ2 ` ` This action is taken pursuant to Section 553(d) of the Administrative Procedure  P"pAct which permits an agency to implement a rule prior to thirty days after publication when the  X0 P"rule "... relieves a restriction."PDt jU {O# ԍSee 5 U.S.C.  553(d).P Here, we find that this rule amendment will provide certain non P"governmental entities the ability to access spectrum that they were able to prior to the" D,-(-(ZZP "  X0 P"effectiveness of the rules adopted in the Refarming Report and Order.{EXjU yOy   @ԍThese nongovernmental entities will be able to access any frequency currently assigned to the Local  P"Government Radio Service, including all of the former low power offset frequencies that were reassigned from the Fire and ForestryConservation Radio Services to the Local Government Radio Service.{ Additionally, we note  P" that pursuant to the consolidation rules being adopted herein, these nongovernmental entities will  P"be eligible for licensing on any frequency in the Public Safety Pool, upon the effective date of  X0 P"the consolidation rules (i.e., six months after publication of this Second Report and Order in the  P"Federal Register), subject to a statement of support from the governmental entity having legal  X0 P"pjurisdiction over the area to be served.eFjU {O ԍSee para. PS MEMBERS23, supra.e At that time, the amendment to the Local Government  P"`Radio Service will be superseded by the new Subpart B (consolidation rules) being adopted  Xc0herein.FGcYjU {OL ԍSee Appendix E.F  X50 ii.` ` Industrial/Business Pool  X 0 27. IV.A.2.II` ` As indicated in Table 2, supra, the Industrial/Business Pool will be comprised of  P"pfrequencies that were previously allotted to any of the Industrial or Land Transportation Radio  P"`Services, including the Business Radio Service. Anyone eligible in one of these radio services  P"0will be eligible in the new Industrial/Business Pool for any frequency in that pool unless  X 0 P"specifically precluded.H jU {O   ԍSee supra note I/B PRECLUDE44. For example, a taxicab company will not be able to obtain an authorization on an ATU channel in the vicinity of an airport. In this regard, we have adopted the eligibility criteria from the old  P" Business Radio Service. Accordingly, anyone engaged in a commercial activity is eligible. Also, educational, philanthropic and ecclesiastical institutions are eligible.  XQ0 28.` ` We note that our consolidation of the Industrial and Land Transportation Services,  P"pincluding the Business Radio Service, into one pool the Industrial/Business Pool, potentially  X#0 P"p may affect the current regulatory classification of the licensees in this pool. In the Second Report  X0 P"and Order in GN Docket No. 93252,LI\ jU yO   ԍImplementation of Section 3(n) and 332 of the Communications Act, Regulatory Treatment of Mobile  {Oi  P"Services, GN Docket No. 93252, Second Report and Order, 9 FCC Rcd 1411 (1994) (CMRS Second Report and  {O3 Order).L we examined the regulatory status of all existing mobile  P"services to determine whether they were commercial mobile radio services (CMRS) or private  P"mobile radio services (PMRS) under Section 332 of the Communications Act of 1934, as  X0 P"amended (the Act).J jU {Oa$   ԍSee Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 10366, Title VI,  6002(b)(2)(A),  yO+% 6002(b)(2)(B), 107 Stat. 312, 392 (1993).hh, In the CMRS Second Report and Order, we concluded that with the  P"exception of the Business Radio Service, all Industrial and Land Transportation Services would"?J,-(-(ZZ P "  X0 P"@be classified as PMRS under Section 332 (d)(3) of the Act.KjU {Oy  P"ԍ CMRS Second Report and Order, 9 FCC Rcd at 1449. We reasoned that such regulatory treatment was  P"Pappropriate because: (1) these services are limited under our rules to highly specialized uses for restricted classes  P"Pof eligible users, and thus should not be treated as available to a substantial portion of the public for purposes of  P"@Section 332(d)(1); and (2) many of the licensees in these services operate systems solely for internal use and therefore do not meet the "forprofit" element of the definition of CMRS.  In the case of the Business Radio  P"Service, however, we determined that the eligibility rules are sufficiently broad to render this  P"service effectively available to a substantial portion of the public. Consequently, classification  P"@ of Business Radio Service licensees depends on whether they meet the other two elements of the  P"CMRS definition operating a forprofit service and interconnected with the public switched  X0 P"` network.LZzjU yO   ԍThe three prongs of the statutory definition of CMRS are (1) service must be provided on a for profit basis,  P"(2) interconnected service is available and (3) service must be made available to the public or a substantial portion  {O' of the public. See Communications Act,  332(d), 47 U.S.C.  332(d). As a result, we are concerned that by defining the eligibility for this consolidated pool  P"0 in the same fashion as we did for the Business Radio Service, licensees (both current and future)  P" on the old Industrial and Land Transportation frequencies (Industrial/Business Pool frequencies  P"under consolidation) may now be deemed to offer service to a substantial portion of the public.  P"Consequently, such licensees offering forprofit, interconnected service arguably could be  P"classified as CMRS. Given that the rules we adopt today will not be effective for six months,  P"we believe that the most prudent course of action is to defer resolution of this issue and fully  P"Paddress it in a future proceeding. In the context of this future proceeding, we will also examine  P"the negative impact, if any, of such regulatory classification on the availability of frequencies to satisfy the communications needs of PLMR users.  X0 3.` ` Interservice Sharing  Xb0 029.ELIM INTERSERVICE SHR  IV.A.3 ` ` Under the existing rules, there are provisions that allow entities establishing  P"eligibility under one radio service to obtain a license for a frequency in another radio service  X40 P" under certain conditions (interservice sharing).QM4{jU {O? ԍSee 47 C.F.R.  90.176.QAICC, AAA Because we are eliminating the individual radio  P" service categories and consolidating the PLMR Services into two pools, interservice sharing rules  P"will no longer be necessary. Under consolidation, applicants will have the opportunity to apply  P"pdirectly for inpool frequencies that were previously allocated to radio services other than their own. Accordingly, we will delete Section 90.176 of our Rules.  X0 30.` ` The existing interservice sharing rules allow for sharing between radio services in  P"the Public Safety Radio Services (group 1). The rules also permit sharing between the Special  P"Emergency Radio Service and radio services in the Industrial and Land Transportation Radio  P"@Services (group 2). Sharing has not been permitted, however, between radio services in group  XN0 P" 1 and group 2.4NN jU {O& ԍ  Id.4 While we believe that such sharing could increase flexibility, we do not think"N] N,-(-(ZZP "  P"that it is appropriate to introduce interpool sharing at this time. Given the difficult logistics of  P"pconsolidating twenty radio services into two pools, introducing additional requirements on the  P"frequency coordinators could put undue pressures on the new twopool system. Therefore, we  P" will prohibit sharing between the Public Safety Pool and the Industrial/Business Pool, at least for the present time. We may revisit this issue once the consolidated system is running smoothly.  Xv0 B. Frequency Coordination  XH0 31. ` `  IV.B In stating our intention to consolidate the PLMR Services, the Commission  X10 P"recognized that changes may have to be made in the current frequency coordination process.ZO1jU {O ԍSee R&O, 10 FCC Rcd at 10106.Z  P"For example, we specifically raised the possibility of implementing a realtime common database  P" for data exchange and introducing competition between frequency coordinators by allowing users  X 0 P"to use the services of any certified coordinator in the consolidated pools.FP ZjU {O ԍId. at 101056.F In addition, several  P" entities requested in their comments on consolidation and in their petitions for reconsideration that  X 0 P"@ the Commission clarify the role and responsibility of frequency coordinators.Q^ jU {O   PԍSee, e.g., Joint Pool Comments at 89; UTC Petition for Reconsideration at 6-8; AICC Petition for  {O  P"Reconsideration at 6-7. In the MO&O in this proceeding, we deferred discussion of issues relating to coordinator  {O responsibilities to this Second R&O. See MO&O at para. 98. In the paragraphs  P"@ below, we discuss changes in the coordination process in light of our decision to consolidate the  P"pPLMR Services into two pools. We recognize that additional changes may be necessary as we  P"gain more experience with consolidation or if additional responsibilities are given to  Xb0coordinators.R\bjU {O   ԍMatters regarding the frequency coordinators were addressed in PP Docket No. 9617. See Improving  {O  P"Commission Processes, PP Docket No. 9617, Notice of Inquiry, __ FCC Rcd __. We anticipate addressing our general policies and procedures regarding frequency coordination in this proceeding.  X40 1.` ` Coordinators  X0 32. IV.B.1 ELIG COORD` ` Currently, each of the twenty PLMR Services (except SERS) has one certified  X0 P"coordinatornS jU yOR ԍ The Special Emergency Radio Service has two certified coordinators.n that is authorized to make frequency recommendations in that Radio Service. The coordinators are listed below. J A< <<  a<  J  * - s   "aRadio ServiceJ"Frequency Coordinator % 0  Local Government and Policeo0 APCO%5J 0@  Fire and Emergency Medical@ IAFC/IMSA55o @@  ForestryConservation@ FCCA"B S,-(-(ZZp "55 @@  Highway Maintenance5@ AASHTO55 @@  Special Emergencyj@ PCIA and IAFC/IMSA555 @@  Power@ UTC55j @@  Petroleum@ API55 @@  Forest Products @ Forest Industries Telecommunications55 @@  Film and Video Production>@ Alliance of Motion Picture and Television Producers55  @@  Relay Presss@ Newspaper Association of America55> @@  Special Industrial @ Industrial Telecommunications Association55s @@  Business @ PCIA55  @@  Manufacturers @ Manufacturers Radio Frequency Advisory Committee55  @@  Telephone MaintenanceG @ Telephone Maintenance Frequency Advisory Committee55  @@  Motor Carrier|@ American Trucking Association55G  @@  Railroad@ AAR55| @@  Taxicab@ International Taxicab and Livery Association5e  @p  Automobile EmergencyKp AAAe p  X0  33.SAME POOL` ` In consolidating these twenty radio services into two pools, we must determine the  P"appropriate role for these coordinators. The commenters generally recommend that the  P"Commission certify the current coordinators in the pool in which the radio service where they  X0 P"currently coordinate is placed.T {OQ ԍSee, e.g., Coalition Comments at 56; Joint Pool Comments at 8; UTC Comments at 13. We agree with this approach. The consolidation of twenty  P"different radio services into two pools is a very complex undertaking. Allowing existing certified  P" coordinators to continue their coordination functions will reduce confusion and help ensure that  P" the public continues to receive access to vital services. Therefore, we certify current coordinators  P" for the Public Safety Radio Services and the Special Emergency Radio Service as coordinators  P"in the new Public Safety Pool. Similarly, we certify current coordinators in the Industrial and Land Transportation Radio Services as coordinators in the new Industrial/Business Pool.  X 0 !34. ` ` In 1986, when the Commission certified a frequency coordinator in each of the  P"PLMR Services, special emphasis was placed on the need for each coordinator to be  X0 P"representative of the users of the radio service in which it was certified.U\Z {O#   PԍSee Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83737, Report and  {O$  P"Order, 103 FCC 2d 1093 (1986). In following this approach, the Commission acted consistently with the  P"PCongressional directive contained in the Conference Report accompanying the 1982 Communications Amendments"p%T,&&\%"  P"Act, which "encourage[d] the Commission to recognize those frequency coordinating committees for any given  P"service which are most representative of the users of that service." Communications Technical Amendment Act of  P" 1982, Report No. 97765, 97th Congress 2d Sess., Sec. 20, at 47 (directing the Commission to recognize only  P"representative frequency advisory committees before permitting nonrepresentative committees to issue frequency coordinations). Our decision to permit"xU,&& !"  P"each of the current certified coordinators to provide coordination service in a consolidated pool  P"is not a rejection of this concept. Rather, we are recognizing that in many cases similarities exist  P"`in the types of systems PLMR licensees utilize. Where systems are virtually identical and user  P"P needs are similar, we believe that any of the recognized inpool frequency coordinators, with their  P"Pextensive experience and technical expertise in engineering systems and selecting frequencies,  P"possess the ability to provide frequency coordination recommendations. Additionally, allowing  P"0 frequency coordinators to serve all eligible users in their respective pool rather than only serving  P"pusers that meet each radio service's eligibility requirements should minimize, if not eliminate,  P" market entry barriers for small businesses pursuant to Section 257 of the Communications Act  X10of 1934, as amended.DV1x yO9 ԍ47 U.S.C.  257.D  X 0 P"35.` ` We now turn to the question of whether to allow those coordinators to coordinate  P"all frequencies in the pool. Public Safety entities oppose this openended approach for a Public  P"Safety Pool. APCO and the PSWAC Transition Subcommittee, for example, recommend that the  P"current method of frequency coordination, where each coordinator is responsible for specific  X 0 P"frequencies, be retained.tWZ  yO   ԍAPCO Position Paper on Radio Service Consolidation at 5; PSWAC Final Report, Section 4.5.5.  P"Additionally, FCCA and IMSA/IAFC recommend that radio service consolidation be based on the findings of the  {O PSWAC. See FCCA Reply Comments at 1; IAFC/IMSA Comments at 4.t APCO states that the present block allocations and individual public  P"safety coordinators in the existing bands below 470 MHz provide the best method for managing  P"@frequency assignments to ensure that the vital needs of each public safety organization are  Xb0 P"satisfied.lXb  yO ԍAPCO Position Paper on Radio Service Consolidation at 1, 3.l The FCCA also supports this position, citing potential problems with abolishing the  P"current public safety coordinator system and asserting that protection to widearea systems and  X40logical system planning will no longer be possible.LY4W  yO ԍFCCA Reply Comments at 34.L  X0 #36.` ` In the nonpublic safety context, we received comments both opposed to and in  P" support of allowing inpool coordinators to coordinate all frequencies in the pool. Those opposed  P" argue that a number of radio services have unique features and safety concerns that can only be  P"accomplished through the expertise of a sole coordinator who is representative of the users and" Y,&&"  X0 P"intimately familiar with each group.!ZZ {Oy   @ԍSee, e.g., Joint Commenters Comments at 1; CSX Comments at 4; AAR Comments at 23; Union Pacific  P"`Railroad Company and Missouri Pacific Railroad Company (Union Pacific) Comments at 5; ARINC Comments at 15! Those in favor contend that there is no reason that a  P"0coordinator for one radio service could not become as quickly familiar with specialized uses of  P"p spectrum for another service, and that competition among frequency coordinators would minimize  P"0the Commission's need to monitor and evaluate the performance of each certified coordinating  X0committee.[ {O ԍPCIA Reply Comments at 10; Joint Pool comments at 8. See also, API Comments at 11.  Xv0 P$37.` ` With respect to the Public Safety Pool, we generally agree with the commenters  P"pthat at the present time, except as indicated below, applicants for a frequency in the new Public  P"Safety Pool should be required to obtain coordination from the current recognized frequency  X10coordinator for the specified frequencies.x\1[ yO ԍThe Public Safety Pool frequency coordinators are listed in Appendix D.x  X 0 %38.EXPAND LOC GOVTEXPAND LOC GOVT` ` We are taking a slightly different approach regarding frequencies that are currently  P"assigned to the Local Government Radio Service. We will allow any certified coordinator in the  X 0 P"@Public Safety Radio Services]Z  yO/   ԍThe restriction to current public safety frequency coordinators refers to those coordinators who are certified  {O  P"to coordinate radio services contained in 47 C.F.R. Part 90, Subpart B, i.e., the Local Government, Police, Fire, ForestryConservation, Highway Maintenance, and Emergency Medical Radio Services.  to coordinate frequencies in the Local Government Radio  X 0 P"Service.^  yO ԍCurrently only APCO can coordinate frequencies in the Local Government Radio Service. This action is taken for several reasons. Frequencies in the Local Government Radio  P"service are used routinely by Police, Fire, Highway Maintenance, Forestry Conservation and  P"Emergency Medical (governmental entities) eligibles for both nonemergency and emergency  P"pcommunications. For example, in many communities Local Government frequencies may be the  P"principal fire or highway maintenance frequencies and part of a public safety communications  P"0 plan for these services. Therefore, it would seem appropriate for the fire or highway maintenance  P"coordinator (or other public safety coordinator if those frequencies are being used in another  P"`context) to be able to provide coordination for these frequencies if they are being used in a fire  P"0or highway maintenance communications system. Further, there are a large number of 450470  P"@MHz frequencies allocated to all the Public Safety Radio Services. Since these frequencies are  P"available to all public safety entities (just like Local Government frequencies) any of the certified  P"public safety coordinators may provide coordination. Thus, there is a coordination mechanism  P"p already in place to accommodate multiple coordinators where public safety frequencies are shared  P"0between public safety eligibles. Finally, this will introduce competition, to the extent possible,  P"pinto this pool which, in turn, should result in lower coordination costs and better service to the public."e: ^,&&"Ԍ  X0 p&39. ` ` As we indicated above, the integrity of the public safety services must be  X0 P"Pmaintained without fail.P_ {OK ԍSee para 15, supra.P Having each public safety coordinator continue to manage the same  P"frequencies and have access to all of the current Local Government frequencies, will preserve  X0 P"much of the status quo, provide coordinators access to a greater number of frequencies with  P"which to accommodate applicants, and permit applicants to apply directly for frequencies that  P"were previously available only through interservice sharing procedures. Also, preserving the  P" jurisdiction of the individual coordinators over their current spectrum, while expanding access to  P" Local Government frequencies, will help ensure consistency with local, regional, and state public  X30 P"@safety communications plans.~`z3Z yO   0ԍEach Public Safety frequency coordinator must be knowledgeable about the specific plans that have been  P"@established in the radio service in which they coordinate. They are not necessarily proficient in the intricacies of  P"pthe plans established in the other Public Safety Radio Services. Therefore, under our approach toward consolidation,  P"a fire company will be unable to access a police channel without first coordinating through APCO, the certified  P"@frequency coordinator for the Police Radio Service. This ensures that the fire company will not unwittingly  P"jeopardize police safety by accessing a channel that has been allocated for specific police uses under a regional plan.  {O See 47 C.F.R.  90.16.~ This issue could be revisited in the future if a more integrated coordination system could be designed that would not impair public safety interests.  X 0 P'40. COMPETE ` ` The Industrial/Business Pool does not present the same concerns as the Public  P"Safety Pool. We acknowledge that eligibles in this pool use radio for safety related  P"p communications such as in the case of an accident or working in potentially hazardous situations.  P"For the most part, however, radio is used to support business operations. Although each  P" organization may have slightly different requirements based on the type of business they conduct,  P" the majority of communications systems are used in a similar fashion for support of daytoday  P" business activities, such as dispatching and diverting personnel or work vehicles, coordinating the  P"activities of workers and machines on location, or remotely monitoring and controlling  P"equipment. In these contexts, we do not believe that radio is generally employed to respond to  P"emergencies involving large segments of the general public. Moreover, to the extent that  P"businesses occasionally use their radios for emergencies, we believe that such emergencies are  P"`fundamentally similar and, thus can easily be accommodated by any frequency coordinator.  P" Therefore, except as discussed below, we will allow any inpool coordinator to coordinate any  X0 P"frequency in the pool.~a{ yO ԍThe Industrial/Business Pool frequency coordinators are listed in Appendix D.~ As a direct result of this action, we believe that further competition will  P"`be introduced into the frequency coordination process. This, in turn, should result in lower  P"coordination costs and better service to the public. For example, we believe market forces will  P"reduce the time it takes to obtain a coordination thereby allowing users to get ontheair quicker.  P"` Further, the concept of allowing applicants the opportunity to select among multiple coordinators  P"is not unique among Part 90 users. Before the band was reallocated, applicants for conventional"P a,&&"  P"@and trunked systems on General Category frequencies had the option of seeking frequency  P"coordination from any of three frequency coordinators certified to recommend 800 MHz frequencies: ITA, PCIA, and APCO.  X0 (41.` ` We recognize that within the Industrial/Business Pool, some types of radio users  P" employ radio not just for daytoday business needs but also to respond to emergencies that could  Xv0 P"pbe extremely dangerous to the general public.bv yO   ԍIn their comments to the Blueprint, UTC states that if a twopool plan is adopted, utility and pipeline  {O operations must be protected. See UTC Comments to Blueprint at 12. Oftentimes these communications systems are  X_0 P"0employed to meet Federal regulations.ucZ_" yO   ԍFor example, Department of Transportation regulations require highreliability communications systems and  {O  P"@secondary communications systems for the operation of high pressure natural gas pipelines. See 49 C.F.R.  194, Appendix A, 195.401(a), 195.402(c), and 195.408.u As stated supra, we believe maintaining the integrity  P"of spectrum used for such public safety purposes is extremely important and using coordinators  P"who are knowledgeable with such special communication needs is the best way to protect these  P"systems. In this regard, there is broad support in the comments to protect operations in several  P"radio services (Railroad, Power, and Petroleum) where radio is used as a critical tool for  X 0 P" responding to emergencies that could impact hundreds or even thousands of people.hd # yO   0ԍFor example, API, in their consolidation plan, placed these frequencies in a separate Industrial Safety Pool.  {Oi  P" See API Supplemental Comments at 410. Also, the Joint Pool, in their two pool plan advocates the protection of  P"special use frequencies, such as slave locomotive control and fixed pointtopoint telemetry frequencies used by the  {O  P"railroads and oil spill cleanup frequencies used by petroleum companies.  See Joint Pool Consolidation Proposal at 6.h Although  P" the primary function of these organizations is not necessarily to provide safety services, the nature  P"of their daytoday operations provides little or no margin for error and in emergencies they can  P"take on an almost quasipublic safety function. Any failure in their ability to communicate by  X0 P"radio could have severe consequences on the public welfare.e$  {O   ԍSee, for example, Letter from Jolene M. Molitoris, Administrator, U.S. Department of Transportation,  P"Federal Railroad Administration to Reed Hundt, Chairman, Federal Communications Commission (Dec. 12, 1995).  {Oj  P"See also Letter from Jim Hall, Chairman, National Transportation Safety board to Reed Hundt, Chairman, Federal Communications Commission (Dec. 15, 1995). For example, the failure or  P"Pinability of trains to communicate with each other or a central dispatcher could result in unsafe  Xd0 P"0conditions and an increased risk of derailment.Cfd yOu ԍAAR Comments at 3.C Also, utility companies need to possess the  P"@ability to coordinate critical activities during or following storms or other natural disasters that  P"disrupt the delivery of vital services to the public such as provision of electric, gas, and water  X0 P"supplies.Cg yO$ ԍUTC Comments at 7.C Because interruptions in the ability of these entities to communicate could"_g,&&P"  P"detrimentally affect the public welfare, we believe that it is important to maintain the integrity of communications on radio spectrum used for railroad, power, and petroleum operations.  X0 )42.` ` Therefore, for the time being, entities who apply for frequencies which are  X0 P"currently allocated solely to the Railroad, Power, or Petroleum Radio Servicesh yO   ԍIn the R&O, new interleaved channels (6.25, 7.5, or 12.5 kHz) that fell between existing channels allocated to a single service were assigned to that same service. must obtain  X0 P"Pcoordination from the current certified frequency coordinator for the respective service.!i  yO=   ԍWe may revisit this issue once we obtain more experience with the new coordination system or when we  {O address the issue of exclusivity raised in the Further Notice portion of the R&O. See para 31.! We  P" expect, however, that these coordinators will make every effort to accommodate all applicants on  X_0 P"these frequencies, regardless of the type of business they conduct.j_Y yOH   `ԍFor example, the railroads report that they granted 360 out of 567 interservice sharing requests between 1989  {O and 1995. See Affiliated American Railroads Comments to Blueprint at 13. We believe that using  P"coordinators who are knowledgeable with such special communication needs is the best way to  P"Pprotect these operations, which involve safetyrelated communications, and outweighs any  P"P potential benefits that may be gained through a competitive frequency coordination process. For  P" frequencies in the Railroad, Power, or Petroleum Radio Services that are also allocated to another  P"radio service, however, entities may utilize the services of any certified frequency coordinator in  X 0 P"the Industrial/Business Pool.Lk  yO   ԍFor example, the frequency 451.175 MHz is currently allocated to the Power, Petroleum, Forest Products,  P"PManufacturers, and Telephone Maintenance Radio Services. Therefore, this frequency can be coordinated by any  P"certified frequency coordinator in the Industrial/Business Pool. However, the frequency 451.125 MHz which is  P"allocated solely to the Power Radio Service may only be coordinated by the current certified frequency coordinator for the Power Radio Service.L The alternative would be to require entities in the radio services where the frequencies are shared to go through a different coordinator than they do now.  X0 2.` ` Technical Coordination Procedures  Xb0  *43.TECH STDS ` `  IV.B.2 The consolidation of the PLMR services and the introduction of multiple  P"coordinators raise concerns of unfair coordinations and coordinator shopping. AICC and AAA  P"contend that users will be motivated to seek out the recommendations of as many frequency  X0 P" coordinators as necessary to achieve the desired final outcome.Wl!  yO ԍAICC Comments at 4; AAA Comments at 4.W UTC shares this belief and  X0 P"recommends the adoption of sufficiently narrow frequency coordination procedures.m  {O&#   ԍUTC comments at 13. We have already stated in para. ELIG COORD32, supra. that each current coordinator will be certified to coordinate only within the pool in which their radio service has been placed.  P"@ Additionally, commenters emphasize that standardized coordination procedures are necessary so"m,&&P"  X0 P"Pthat each coordinator does not need to review every application.en yOy ԍJoint Pool Comments at 9; PCIA Reply Comments at 11.e We agree that standard  P"0coordination procedures are needed. We believe that a minimum set of technical coordination  P"procedures to which all frequency coordinators must adhere is the least burdensome method of  P"0providing all members of the PLMR community with confidence that all new and existing radio  P"systems will be adequately protected from interference. A minimum set of coordination  P"procedures will also alleviate concerns of coordinator shopping. Rather than establish specific  P"procedures at this time, however, we believe that the coordinators should attempt to reach  P"P!consensus themselves on the applicable coordination procedures. We understand that this process  P"takes time. In this regard, we note the efforts of Telecommunications Industry Associations  P"(TIA) Working Group 8.8 (WG 8.8), which has been developing technical procedures for the  P"frequency coordination process. Participants in the TIA project represent all facets of PLMR,  P"including radio manufacturers, frequency coordinators, and users. At this time, a draft report  P"titled, Report on Technology Independent Methodology for the Modeling, Simulation, and  P"Empirical Verification of Wireless Communications System Performance in Noise and  P"Interference Limited Systems Operating on Frequencies Between 30 and 1500 MHz is  P"undergoing the review and approval process. It is expected that this report will be approved by  P"TIA in the near future. Given the progress of the TIA WG 8.8 and the potential harm that could  P"befall clients' systems from a lack of technical coordination procedures we are confident that the  P"@frequency coordinators will reach an agreement on such procedures quickly. Nevertheless, as  XK0 P" stated supra, we will postpone the implementation of the consolidated pools until six months after  X60publication in the Federal Register.`o6X {O ԍSee para.  DELAY21 , supra.`  X0 3.` ` Data Exchange  X0 +44. IV.B.3  ` ` When we concluded in the R&O that consolidation was necessary, we also  X0 P"Pexpressed our intent to foster competition in the frequency coordination process.Xp {O ԍSee R&O, 10 FCC Rcd at 10105106.X We asked  P" users and frequency coordinators to provide guidance on how existing databases could be shared  X0 P"to ensure fair competition among all frequency coordinators.:q: {Oa ԍId.: We also asked the PLMR  P"industry to explore creating and implementing a real-time common database to reflect frequency  Xi0assignments as expeditiously as possible.:ri {O" ԍId.: "Rr,&&"Ԍ X0 `,45.` ` Under the current PLMR Service structure, there has been little need for frequency  X0 P"coordinators to share detailed information about applicants' systems with other coordinators.s {Ob   PԍCoordinators are only required to share data when invoking the interservice sharing rules. See 47 C.F.R.  90.176.  P"Under the consolidated pool approach we are adopting today, however, commenters have  P"0 indicated a need to establish a system for information exchange, but disagree on how this should  P"best be achieved. For example, UTC recommends that coordinators in each pool devise a means  P"of exchanging data either through a realtime method, using a shared database, or by providing  Xv0 P"@notice, by facsimile or E-Mail, with a limited opportunity for response provided.Dtv" yO( ԍUTC comments at 12.D Other  P"coordinators state that a common database has to be established and maintained to ensure that  P"0applications, once submitted, are not in conflict with other applications being submitted at the  X10 P"same time.{u1 yOR ԍPCIA Reply Comments at 9; AAA Comments at 4; Joint Pool comments at 1011.{ The Joint Pool, however, also expresses opposition to developing a national  P"database noting that the complexity of such an undertaking would involve coordinating a  P"0 substantial number of parties in order to include information that is necessary and relevant to the  P"coordination process. It contends that electronic transmitting and receiving of frequency  X 0notifications is preferable to establishing a national coordinators' database.Ov  yOe ԍJoint Pool Comments at 1112. O  X 0  -46.NO COMMON DB` ` We agree with the commenters that a realtime common coordinator database may  P"be desirable. Such a resource could be an ideal method for coordinators to share data and  P" maintain uptodate records of all frequency recommendations so that they can avoid coordinating  P"Pmultiple applications for the same channel, in the same area, at approximately the same time.  P"0We also recognize, however, that implementing a realtime common database would require  P"@extensive time, expense, and testing to perfect and that there may be other less costly and less  X0 P" complex methods to ensure that all necessary data is exchanged in a timely manner.awo yO ԍAAA Comments at 4; Joint Pool Comments at 1011.a Therefore,  P"at this time, we will leave the issue of whether to use a realtime common database to perform  P"@their coordination duties to the coordinators' discretion. We believe that they are in the better  P"position of determining what will allow them to perform such duties in an efficient effective, and  P"expeditious manner. Coordinators may select to develop their own common database to make  P"P frequency recommendations, use the Commission's data base, or use the services of a third party.  P"We note that copies of the Commission's database are available through the National Technical  X|0 P"Information Service.x| yO#   ԍFederal Communications Commission Information Seekers Guide, Public Service Division, Office of Public Affairs (October 1995). Further, the Commission provides online access to its PLMR Service"| x,&&"  X0 P" database through a third party contractor:y {Oy ԍId.: and puts license grant information on the Internet.zZ {O ԍSee FCC homepage on the Wold Wide Web at: http://www.fcc.gov/wtb/databases.html.  P"Any disputes that  P" arise due to inconsistencies or discrepancies in the records of different coordinators, however, will be resolved using the Commission's database.  Xv0 .47.NOTIFY 1 DAY` ` Although we are not requiring that a common database be implemented at this  P" time, the need to share accurate and timely coordination information with all inpool coordinators  P" still exists. Without such information, frequency coordinators would not know what other inpool  P"coordinators are doing and could make conflicting coordinations. Therefore, coordinators must  P"provide notification of all frequency recommendations within one business day of making such  X 0 P"recommendations_{X  yO^   ԍFor example, coordinators may choose to notify each other frequency coordinator every time a  P"`recommendation is made, each time a certain number of recommendations are made, or they can send a notification containing all recommendations at the close of each business day._ to every certified inpool coordinator that is also certified to coordinate that  X 0 P"`frequency.0|  yOF   ԍFor example, in the Public Safety Pool, if IAFC/IMSA recommends a frequency that is currently allocated  P"Psolely to the Fire Radio Service, then no notification is necessary. However, if IMSA/IMSA recommends a  P" frequency that is currently shared between the Fire Radio Service, the Police Radio Service (coordinated by APCO),  P"Pand the Emergency Medical Radio Service (coordinated by IAFC/IMSA) then IAFC/IMSA would be required to notify APCO.0 Additionally, on frequencies that are shared between both the Public Safety and  P"Industrial/Business Pools, coordinators must notify all coordinators of frequency  X 0 P"recommendations.e}$ Y  yO   ԍFor example, the frequency 151.490 MHz is currently available in the ForestryConservation Radio Service  P"and the Special Industrial Radio Service. Because the ForestryConservation Radio Service is being placed into the  {O7  P"Public Safety Pool and the Special Industrial Radio Service is being placed in the Industrial/Business Pool (See paras.  {O PS MEMBERS23 and IV.A.2.II27, supra.), this frequency is now available to all eligible users under Part 90.e We believe this notification requirement is extremely important to the  P"Pconsolidation process. Notification will not only improve the speed and quality of  P"recommendations, but it will also encourage and facilitate the cooperation between inpool  P" coordinators that is so important to the success of the overall coordination process. We believe  P"a oneday notification period is a good compromise between the need to provide information to  P"`coordinators quickly to minimize the chance of conflicting coordinations and the need to  P"minimize burdens on the coordinators. Additionally, notification must be made to all inpool  P"@coordinators at approximately the same time. At a minimum, each notification must include:  P" name of applicant, frequency or frequencies recommended, antenna height, antenna locations, type  P"0of emissions, effective radiated power, a description of the service area, and the time the"$},&&"  X0 P"0recommendation was made.#~ yOy   ԍIn their comments to the Blueprint, PCIA states that a common database is not necessary, but a common  {OA data format for the exchange of filing information is necessary. See PCIA Comments to Blueprint at 8.# To safeguard this system, we will require that each coordinator  P" communicate at least once each business day with each other inpool coordinator. Therefore, on  X0 P"days in which no coordinations are made, notification is still required." yO   ԍFor example, if no coordinations are made on a particular day, the following message could be sent: Coordinator ____ has not made any frequency recommendations on //." Coordinators, if they  P"Pdesire, are free to include additional information such as more data or a list of rejected coordination requests with their notifications.  Xv0  /48. ` ` We are establishing general guidelines for the oneday notification, but leaving the  P"implementation details up to each frequency coordinator. There are a number of different ways  P"pto transfer information quickly today and each coordinator is free to choose whichever method  P"best meets its needs. For example, coordinators may use EMail or facsimile. We believe that  P"they are in the best position to determine how to fulfill this notification requirement within the  X 0oneday time frame.vX Y yO   ԍFor example, coordinators may choose to send a notification to each other frequency coordinator every time  P"`a recommendation is made, each time a certain number of recommendations are made, or they can send one notification containing all recommendations made at the close of each business day.v  X 0 0049.SHARE OTHER INFO ` ` In addition to notification of basic information on frequency recommendations,  P"Pcoordinators, in certain cases, may need more detailed information in order to perform  P"@engineering analyses. PCIA notes that each coordinator should have access to all relevant  X0 P"information.KX yOx ԍPCIA Reply Comments at 9. K We agree. However, rather than require coordinators to routinely include all  P"information on proposed systems, we believe a better approach is to require coordinators to  P" provide this additional information only upon request. Therefore, each coordinator must supply,  P"p upon request, within one business day, any additional information requested regarding a pending  P"coordination that it processed. Of course, coordinators are free to provide this information in their routine notifications if they so desire.  X0 150.` ` Another issue raised in the comments was the question of concurrence. Several  X0 P" commenters recommend that we prescribe some minimum period of time (e.g., ten to twenty  P"`business days) during which other coordinators in the pool may object to a proposed  X0 P"@ coordination.  {O#   ԍSee, for example, the ex parte filing of the Coalition of Industrial and Land Transportation Radio Users at 23. They argue that requiring coordinators only to notify other inpool coordinators  P" without allowing a corresponding period to object could result in interference to incumbents and  P"@unnecessary burdens on the Commission to resolve such problems. Others oppose any "~ ,&&"  P"p concurrence requirement. In general, they contend that a common set of coordination procedures  P"@ negates the need for concurrence. Further, they argue that the concurrence would be detrimental  P"0!to the benefits gained by introducing competition because other coordinators would be encouraged  X0 P"Pto delay their responses.d {O4 ԍSee, e.g., PCIA Comments to Blueprint at 78.d ITA, while opposing establishing a concurrence period, notes that  P"0there may be a need for a mandatory waiting period because of the conditional licensing  X0 P"procedures set forth in Section 90.159 of the Commission's rules.KZZ yOw   ԍSection 90.159 allows applicants to operate for 180 days during the pendency of their applications upon the  {O?  P"filing of a properly completed formal application that is accompanied by frequency coordination.  See 47 C.F.R.  90.159.K It contends that in cases  P" where applicants choose to take advantage of these provisions, the Commission will not have had  P"time for formal review. To alleviate such concerns, ITA recommends instituting a mandatory  P"waiting period of ten business days. This time frame will give coordinators a chance to express  X10any disagreements to the Commission.W1[ yO ԍITA Reply Comments to Blueprint at 11.W  X 0 251.NOIFY ANY WAY` ` Given the requirement to establish standard coordination procedures, we believe  P"@requiring concurrence would be redundant. Further, it could have a negative impact on our  P"efforts to increase the quality of customer service through competition. Nevertheless, we are  P"concerned that under the approach described herein applicants could start transmitting prior to  P" other inpool coordinators being notified. While we want the licensing process to be as quick  P" as possible and believe that such situations will rarely occur, we believe all affected coordinators  P"should be aware of a proposed operation before the entity can start transmitting. Therefore, we  P"pwill amend Section 90.159 of the Commission's Rules to institute a mandatory waiting period  P"of ten business days before applicants can begin transmitting pursuant to temporary and  X40conditional authorization.4 yO   ԍThe ten day waiting period does not apply to authorizations granted pursuant to Special Temporary  {OV Authority in accordance with Section 90.145 of the Commission's rules. See 47 C.F.R.  90.145.  X0 p352.` ` We believe that the procedures outlined above will prevent the filing of conflicting  P"applications. However, we realize that the oneday period between when a frequency  P"`recommendation is made and other coordinators are notified could still result in a small number  P"@of conflicting applications. In these instances, it is the joint responsibility of the applicable  P"Pcoordinators to take action necessary to resolve the conflict, up to and including notifying the  P"Commission that an application may need to be returned. The coordinators are in the best  P"position to recognize and expediently resolve such conflicts. Additionally, we believe that each  P"@coordinator should have some responsibility to help resolve problems related to their  P"recommendations. The Commission will become involved only if the coordinators cannot agree to a solution."7 ,&&"Ԍ X0 Pԙ453.` ` As discussed above, coordinators will be responsible for providing other  P"coordinators certain information within a specified time frame. We are confident, based on past  P"experience, that coordinators will meet these requirements. However, as we have noted in the  P"Ppast when giving responsibility to coordinators, the Commission may, on its own motion, or at  X0 P"the public's request conduct an inquiry into a particular coordinator's performance. {O   PԍSee Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83737, Report and  {O Order, 103 FCC 2d, 1093 (1986). After any such investigation we will determine whether decertification or other action is warranted.  X_0 4.` ` Coordinator Authority  X10  554. IV.B.4  ` ` Currently, frequency coordinators have the authority to request additional  P"@information from applicants requesting coordination if they believe that such information is  X 0 P"needed to make proper frequency recommendations.T $ {O ԍSee R&O, 10 FCC Rcd at 10113.T The Land Mobile Communications  X 0 P"0Council (LMCC)  yO   @ԍLMCC is a nonprofit association of organizations representing users of land mobile radio and providers of land mobile services and equipment. in its petition for reconsideration recommends that the Commission expand  P"`and codify this authority. Specifically, LMCC requests that we amend Section 90.175 of our  P" rules to provide specific authority for coordinators to request all appropriate technical information,  P"system requirements, and justification for requested station parameters from applicants. LMCC  P"`further requests that we indicate that applicants bear the burden of proof in overturning the  P"recommendations of a certified frequency coordinator. Additionally, LMCC requests that the  P"Commission state that frequency coordinators may recommend appropriate changes to the  P"@parameters of previously licensed stations, or take other appropriate measures that will help to  P" minimize harmful interference or remedy incompatible adjacent channel or cochannel  X0 P" operations.X yOy ԍLMCC Petition for Reconsideration at 6.X It argues that this expansion of responsibility is necessary because the frequency  P"coordinators will have to play a central role in the effort to protect existing systems and resolve  X0 P"interference complaints arising from the technical changes adopted in the R&O.:; {O ԍId.: We stated in  X0the MO&O that we would address this issue in the item dealing with consolidation.L  {O! ԍSee MO&O at para. 98.L  X0 655. ` ` In the R&O, the Commission stated that coordinators may request additional  P"information from the applicant when such information is needed for the coordinator to make a  P"proper frequency recommendation. The Commission also noted in that same proceeding that, in  P"Pthe event of a dispute between the coordinator and an applicant, the applicant will have the"k ,&&"  X0 P"`burden of proof and persuasion in overturning the coordinator's recommendation.T {Oy ԍSee R&O, 10 FCC Rcd at 10113.T While we  P"consider this to be our present policy, in order to eliminate any confusion we will amend Section  P"90.175 of the Commission's Rules to specify this authority. With respect to LMCC's other  P"suggestion, coordinators, as well as anyone else for that matter, can always make  P"precommendations concerning minimizing interference. We see no reason to state this explicitly in our rules.  X_0 C.Trunking in the PLMR Bands Below 800 MHz  X10   756.PERMIT TRUNK IV.C  ` ` In the Notice of Proposed Rule Making in this proceeding we proposed to allow  P"`centralized trunking ("trunking") in the 150174 MHz and 421512 MHz bands in those areas  X 0 P"where exclusivity is recognized by the Commission, or where all cochannel licensees concur.x\ Z yO   ԍReplacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the  {O  P"Policies Governing Them, PR Docket No. 92235, Notice of Proposed Rule Making, 7 FCC Rcd 8105 (1992)  {O (NPRM) at para. 24 and proposed rule section 88.445.x  P"A centralized trunked system uses multiple channel pairs in conjunction with a computer which  P" automatically assigns a user the first available channel or places the user in a queue to be served  P"in turn. By permitting idle channels to be assigned on an asneeded basis, a trunked system can  P" increase the utilization of radio channels over that obtainable by a conventional system. Although  P"0 the comments on this issue supported allowing centralized trunking, we did not adopt rules since  X{0 P"the Further Notice addressed the issue of exclusivity.?Z{] {Oh   @ԍSee R&O, 10 FCC Rcd at 10133136. In a centralized trunking operation frequencies are assigned internally  P"Pby a computer without monitoring. This assignment procedure works well when frequencies are available on an exclusive basis.? In its comments to consolidation, UTC  P" notes the benefits of trunking and requests that we provide clarification as to whether frequency  XO0coordinators have the authority to designate channel pairs for use by trunked systems.CO^ yO= ԍUTC Comments at 8.C  X!0 857. ` ` Trunked systems will allow PLMR licensees to construct systems which are more  P" efficient than conventional systems, thereby allowing licensees to use fewer channels to provide  P"@the same communications capability. Therefore, rather than defer the issue until we reach a  P"decision on exclusivity, we believe the public will benefit by allowing trunking on frequencies below 800 MHz now, provided certain conditions are met.  X0 p958.TRUNK CONCUR ` ` To allow trunking to work effectively and efficiently in the PLMR shared bands,  P"we are adopting rules similar to those adopted for interconnection of PLMR stations with the" ,&&"  X0 P"Public Switched Network.$ yOy   @ԍInterconnection of Private Land Mobile Radio Stations With the Public Switched Telephone Network in the  {OA Radio Spectrum Below 800 MHz, PR Docket No. 84414, Report and Order, 50 F.R. 15148 (April 17, 1985).$ We will permit licensees to implement centralized trunked systems  P"in the 150174 MHz, 421430 MHz, 450470 MHz, and 470512 MHz bands, provided that they  X0 P"(1) obtain the consent of all licensees whose service areasW\" {O   pԍIn the R&O, we defined a station's service area to be the area contained within a station's 37 dBu contour  {ON  P"in the 150174 MHz band and the area within a stations 39 dBu contour in the 421512 MHz UHF bands. See R&O, 10 FCC Rcd at 10114.W overlap a circle with a radius of 113  P"km (70 mi) from the trunked system's base station and whose operating frequency is 15 kHz or  P"@less removed from the operating frequency of a trunked system designed to operate on 25 kHz  P"channels or 7.5 kHz or less removed from a 12.5 kHz trunked system or 3.75 kHz or less  P"Premoved from a 6.25 kHz trunked system; and (2) comply with all frequency coordination  P"requirements. Statements stipulating the terms of such agreements must be forwarded to the  P"@ applicable frequency coordinator and the Commission as an attachment to the license application  X10 P"or modification.  1% yO   ԍThe current FCC Form 600, Application for Mobile Radio Service Authorization, expires on October 31,  P"1997. The FCC is currently working with the Office of Management and Budget to recertify this form. As part of  P" this effort, we will update the instructions to the main form to reflect new twoletter codes for conventional and trunked systems in the consolidated Public Safety and Industrial/Business Pools below 800 MHz.  In the Further Notice, we proposed that PLMR licensees be able to obtain  X 0 P"some form of exclusivity in their respective service areas.i  {O ԍSee Further Notice, 10 FCC Rcd at 10133136.i If such rules are adopted, licensees  P"would be able to implement trunked systems in these exclusive areas, provided that they modify their license to show such operation.  X 0 p:59. ` ` In areas where licensees implement trunking, new licensees can be assigned the  P"psame channel(s) as the trunked system if the new licensee reaches a mutual agreement with the  P"@licensee(s) operating the trunked system. If a licensee who previously consented or agreed to  P"participate in a trunked system later decides against this use, and that licensee is unable to  P"negotiate a mutual agreement with the operator(s) of the trunked system, that licensee may  P"Prequest that the Commission reassign it to another channel. This approach provides licensees  P"with maximum flexibility in the operation of their systems while assuring that the use of centralized trunking will not detrimentally impact the operation of another licensee's system.  X0 D.Low Power Frequencies  X0 ;60. IV.D  ` ` To encourage more efficient use of the available spectrum, the Commission  P"`permitted all eligible users in the 450470 MHz band to be licensed for low power operations  X0 P" (i.e., not to exceed 2watts) on a secondary non-interference basis on frequencies offset 12.5 kHz" ] ,&&"  X0 P"p from regularly assignable frequencies ("offset channels"). {Oy   ԍThe Commission first authorized the use of offset frequencies in the Business Radio Service in 1973. See  P"Amendment of Parts 2 and 91 of the Commission's Rules to Permit Medical Telemetry and Other Low Power Uses  {O   P"of Offset Frequencies in the Business Radio Service, Docket No. 19478, First Report and Order, 41 FCC 2d 8  {O  P"(1973). In 1981, the use of offset frequencies was expanded to all eligibles in the 450470 MHz band. See  P"Amendment of Subpart D of Part 90 of the Commission's Rules and Regulations to Permit the Use of 12.5kHz  P"Offset Assignments in the 450470 MHz Band in the Private Land Mobile Radio Services, PR Docket No. 80-605,  {O/ RM3569, Report and Order, 87 FCC 2d 647 (1981). Since that time, these channels have  P"been heavily used for certain low power operations such as medical telemetry and remote  X0 P" operation of heavy machinery. Under the new channel plan adopted in the R&O, these channels  P" are no longer considered offset channels. Rather, they are regularly assignable channels available  X0 P"for high power operations on a primary basis.^ {OF ԍSee R&O, 10 FCC Rcd at 10110111.^ We have previously recognized, however, that  P"@ there is a continuing need for low power operation and provided frequency coordinators with the  Xx0 P"Pauthority to designate specific channels for low power use.Tx {O ԍSee 47 C.F.R.  90.267(a).T Additionally, we suggested that  P"frequency coordinators exercise this authority in conjunction with the formulation of a  XJ0 P"consolidation plan.^J  {O ԍSee R&O, 10 FCC Rcd at 10110111.^ Finally, the Commission provided low power licensees with the option of  P"staying on their currently licensed channel or moving to a coordinatordesignated low power  X 0 P"frequency and obtaining primary status.: c  {O ԍId.: Due to the uncertainty surrounding consolidation of  P"the PLMR Services, coordinators have been reluctant to designate any channels specifically for  X 0 P"low power use before a Commission decision on consolidation.\  {OR ԍSee, e.g., Joint Pool Comments at 12.\ On August 11, 1995, at the  P"request of HP, the Commission froze applications requesting power in excess of that previously  P"`permitted on the offsets until such time as the issues relative to consolidation and/or the  X 0designation of low power frequencies are resolved." E {O~   @ԍ450 FREEZE NOTESee Public Notice, Freeze on the Filing of High Power Applications for 12.5 kHz Offset Channels in the  P"`450470 MHz Band (PR Docket 92235, FCC 95255), DA 951771, (released Aug. 11, 1995). This action was  P"@taken after HP voiced concern that until such time as the frequency coordinators established dedicated low power channels, existing low power operations had to be protected.  X{0 @<61.` ` A number of parties address the issue of low power frequencies in their comments  Xd0 P"on consolidation and other issues raised in the Further Notice.d {O$   ԍSee, e.g., API Comments at 89; Forest Industries Telecommunications (FIT) Reply Comments at 5; Weyerhaeuser Comments at 8. These comments are best  P"summarized by LMCC, which recommends that we give the coordinators a period of time after"O!G,&&"  X0 P" a decision is made on consolidation to develop a plan to meet PLMR low power needs.W yOy ԍLMCC Comments to Further Notice at 12.W LMCC  P"also recommends that we give licensees of offset channels an additional period of time to either  P"migrate to the new low power channels or convert to primary status by registering their  X0 P"0 coordinatesXX yO  P" ԍ Currently, all systems are licensed as mobiles (See 47 C.F.R.  90.267) and applicants do not have to  P"provide transmitter coordinates to obtain a license on offset channels. Under LMCC's plan, licensees on offset channels could obtain primary status by modifying their license to specify transmitter coordinates. before lifting the current licensing freeze in the 450570 MHz band.`W {O ԍLMCC Comments to Further Notice at 1213.` HP supports giving licensees a time to migrate to new channels.  Xv0 =62. ` ` In addition to the comments noted above, we received several petitions for  X_0 P"reconsideration of the framework we had established for resolving low power issues._ {O   @ԍSee, e.g., HP Petition for Reconsideration at 35; SpaceLabs Petition for Reconsideration at 78; Schlumberger Meter Communication Systems (Schlumberger) Petition for Reconsideration at 4.  P"Specifically, the petitioners urge the Commission to establish blocks of contiguous spectrum  P"based on functional requirements and technical compatibility, for the exclusive use of low power  X 0 P"`systems.^   {O   pԍSee HP Petition for Reconsideration at 35; SpaceLabs Petition for Reconsideration at 78; Schlumberger  {Ou  P"Meter Communication Systems (Schlumberger) Petition for Reconsideration at 4. See also HP Reply Comments to  {O? Further Notice at 1; SpaceLabs Comments at 34; Schlumberger Comments at 12. HP and SpaceLabs suggest that a 2.5 megahertz contiguous block of low power  P" channels should be created, and a oneforone swap of existing low power channels for channels  P" in this dedicated block should be instituted. Also, HP contends that adjacent channel restrictions  X 0 P"@need to be established to protect low power operations.b   {Ok ԍSee HP Petition for Reconsideration at 45.b HP further recommends that the  X 0 P"`Commission take an active role and establish a minimum set of rules for low power channels. w  {O ԍHP Comments at 2. See also, Ex parte presentation of HP and SpaceLabs on December 18, 1996.  X 0 P"In the MO&O, we deferred action on these petitions until such time as we addressed  X0consolidation.L {O  ԍSee MO&O at para. 99.L  Xd0 1.` ` Designated Channels  X60 P>63. IV.D.1  LP DESIG  ` ` We understand the reluctance, to date, of coordinators to designate specific  P"channels for low power use. At the same time, however, we believe it is vitally important for  P" the PLMR community to address the issue of low power channels as soon as possible. Wouldbe  P"!licensees of offset channels cannot apply to use these channels for high power operations because""Y,&&p"  X0 P" of the current licensing freeze,i {Oy ԍSee supra note 450 FREEZE NOTE155.i and low power users want assurance that they will be protected  P"0 from interference by high powered operations before switching channels. Accommodating these  P"competing interests while establishing a workable low power frequency plan is not a trivial  P"matter. In major metropolitan areas, the demand for both high power and low power operations  P"exceeds the number of frequencies available. Moreover, it is highly likely that such high power  P" and low power needs will vary based on geographic location. In this connection, we believe that  P" the coordinators will need some time to analyze the current use patterns of these offset channels  X_0 P"`and determine a compromise solution between the two types of operations.TZ_Z yOI   ԍSpaceLabs, a manufacturer of low power biomedical telemetry equipment, has expressed a willingness to  {O  P"work with the high power industry to devise a plan that will advance the interests of all PLMR users. See SpaceLabs Comments to Blueprint.T Therefore, in  P"accordance with the recommendation of LMCC, we will give the coordinators in each of the two  X10 P"pools six months from publication of this Second Report and Order in the Federal Register to  X 0develop a consensus plan for low power operations in their respective pools. [ yO   ԍIn this connection, LMCC has established a working group to examine issues related to licensing and  P"pregulation of lowpower frequencies. Although the LMCC working group has not completed its task and LMCC  P"`has not filed any proposals with the Commission, ITA incorporates key provisions of the tentative LMCC plan into  P"its Blueprint. This plan calls for fifty channel pairs of coordinated lowpower spectrum and twentyfive channel pairs  {O' for itinerant lowpower use. See ITA Blueprint at 67.  X 0 @?64.` ` HP recommended that we codify the basic aspects of the plan fashioned by the  X 0 P"Pcoordinators (e.g., by setting forth in our rules the frequencies designated for low power  X 0 P"operation). In the R&O, we delegated to the frequency coordinators the authority to designate  P" low power frequencies; our decision was not to specify such frequencies in the rules. We continue  P"to believe that this approach provides the frequency coordinators, who have knowledge of user  P"Prequirements and local conditions, with maximum flexibility in the management of the PLMR  P"spectrum. Further, this allows frequencies to be easily added or subtracted from the designated  P"list as may be warranted. We find nothing in the record at this time that persuades us to change  P"this approach. Further, consistent with this approach, we will leave it up to the coordinators  P" whether to designate contiguous spectrum or to specify individual channels (noncontiguous  P" spectrum) for low power operations. Low power operation on the designated channels will be  X0 P"protected through coordination and the Commission's licensing process.  yOq   ԍOnce accepted and approved by inpool coordinators, a mutually agreed upon coordinator plan for low power channels will be fully supported by the Commission. As specified in the  X0 P"R&O, frequency coordinators will be required to maintain a list of low power channels and make  X0 P"it available to the public upon request.T#  {O|$ ԍSee R&O, 10 FCC at Rcd 10110.T We encourage the frequency coordinators to  P"periodically review the low power channel plan and modify it when appropriate. If a consensus"# ,&&"  P"`regarding the establishment of a low power channel plan cannot be reached, we will revisit this issue.  X0 2.` ` Time Frame for Migration  X0 @65. IV.D.2  ` ` In addition to its recommendation that the frequency coordinators be given six  P"@months to determine which channels should be designated for low power use, LMCC  P"recommends several steps to ensure that the migration of low power users from their current  P" channels to these new designated channels occurs smoothly. These suggested measures include  P"0 (1) low power offset licensees being given six months to declare their intent to convert to primary  X 0 P"status by either registering their coordinates  {O   @ԍUnder the rules prior to the R&O, all stations using a low power offset frequency under 47 C.F.R.  90.267  P"were licensed as mobiles. These stations, however, were permitted to serve the functions of base, fixed, or mobile  P"relay stations. Because these stations were licensed as mobiles regardless of the type of function they actually served,  P"applicants were required only to provide a central coordinate and a point radius defining their area of operations.  P"Thus, frequency coordination on these frequencies is very difficult because the coordinators do not necessarily know exactly where stations are actually located. or by modifying their license to operate on the  X 0 P"0 designated low power channels; B {O   ԍIn LMCC's plan, this step would occur prior to the coordinators designating any channels. See LMCC Comments at 12. and (2) providing seven months for offset licensees to migrate  X 0 P"to the designated channels.` { {O ԍLMCC Comments to Further Notice at 1213.` We agree with LMCC that low power users should be able to  P"attain primary status on these offset channels if they so desire by modifying their licenses to  P" specify transmitter coordinates so that frequency coordinators know the location of such systems  P"`and can take them into account when making frequency recommendations. In this connection,  P"@ we will confer primary status on licensees operating on the former low power offset channels that  Xy0 P"0 already have provided their coordinates to the Commission.y  yO ԍAlthough not required, many licensees supply coordinates on their initial license application. These licensees should notify the  P"Commission at the time of their license renewal that they are operating in this manner. This will  P"@give offset licensees the flexibility to remain on their current licensed frequency or change to a  P"new low power frequency. Because these channels are available for high power operation,  P"however, licensees that remain on their current licensed frequency may have to share it with a  P"new high power user. Therefore, we expect that the majority of low power users will be inclined  P"to migrate to the new low power channels once they are identified in order to reduce the chance of interference from cochannel high powered operations.  X0 A66.` ` Further, contrary to LMCC's contention, we do not believe that low power users  P"@ should be required to declare their intent to migrate to low power channels or modify their license  P"pto obtain primary status within a certain time frame. We believe the decision whether or not to"|$[ ,&&"  P"migrate or obtain primary status is a business decision and best left up to individual licensees to  P"make within their own time frame according to their individual requirements. Additionally,  P"@ because the designated channels, in some cases, may be the same channels that many low power  X0 P"users are already using, yO4 ԍThese licensees would not be required to move to obtain a primary designation. licensees would not be able to make informed decisions regarding  P"migration until channels are designated. Therefore, we decline to require current low power  P"@users to declare their intent to migrate to dedicated low power channels or modify their license to obtain primary status by a certain date.SEVEN MONTHS  XH0 B67.` ` We do agree, however, with LMCC's suggestion to give licensees on the low  P"power channels a chance to migrate before licensing high power operations on these channels.  P" The PLMR community believes seven months is a reasonable amount of time for offset licensees  X 0 P"to decide whether to switch to new low power channels.` X {O ԍLMCC Comments to Further Notice at 1213.` Therefore, in this connection, we will  P"provide a period of seven months for low power users to migrate to new low power frequencies.  X 0 P"Additionally, concurrent with the end of this migration period  yO.   `ԍAssuming a consensus low power plan is established prior to the effective date of the rules, the sevenmonth migration period starts when the rules become effective. we note our intention to lift the  X 0 P"current licensing freeze in the 450470 MHz band~|  yON   ԍWe are not addressing the freeze on licensing new high powered stations in the 421430 and 470512 MHz  {O  P"bands at this time. See Public Notice, Freeze on the Filing of Applications for 12.5 kHz Offset Channels in the 421 P"430 MHz and 470512 MHz Bands (PR Docket 92235, FCC 95255), DA 951839, released August 22, 1995. This  P"freeze, unlike the freeze at 450470 MHz, was instituted in response to concerns from LMCC that the coordinators  P"placked information to make informed frequency recommendations regarding the assignment of the new channels.  {O8  P"pWe will consider lifting this freeze at such time as the coordinators agree upon technical standards. See para. TECH STDS43, supra.~ and allow new high power systems to be  X 0 P"licensed on any former 12.5 kHz offset channel not specifically designated for low power use. #  yOZ   `ԍThe former 12.5 kHz offset channels will only be authorized for use with equipment that operates on  {O" channels of 12.5 kHz or less. See R&O, 10 FCC Rcd at 10094.  P"We will not lift the freeze, however, if a consensus plan has not been established. In the interim,  P"we will grant partial relief and permit the licensing of high power systems on these channels,  P"provided that the license applications are accompanied by a statement from the frequency  P"coordinator attesting that operation of a new high powered system will not impact any currently  P"operating cochannel low power system. If interference to a low power system from a high  P"power operator using the offset frequencies does occur prior to the end of the migration period,  P"the high power licensee will be expected to remedy the situation through any means possible, including shutting its system down. "%\,&& "Ԍ X0 C68.SEVEN MONTHS ` ` In a related matter, PCIA, in its petition for reconsideration,LP-MIGRATION recommends that we  P"allow a sixmonth transition period for low power licensees to migrate to new low power  X0 P"channels before accepting any new low power applications on the designated channels. {OK ԍPCIA Petition for Reconsideration at 7; see also, HP Petition for Reconsideration at 5. We  P" will not adopt such a policy. We believe that it is not in the public interest to keep applicants,  X0 P"especially those who propose to operate in a highly efficient manner (i.e., with low power), from  P"@ obtaining licenses on designated low power channels. Additionally, because low power systems  P" have small operating areas, we believe that there should be enough frequencies to accommodate all current and prospective low power licensees.  X30  D69.SEVEN MONTHS ` ` Finally, in its petition for reconsideration, Florida predicts a windfall for frequency  P"coordinators and asks the Commission to reconsider the financial impact of this migration on  X 0 P"pexisting licensees.[ Z yO ԍFlorida Petition for Reconsideration at 2.[ We acknowledge that coordinators will collect fees from low power  P"licensees when they apply to modify their systems to operate on the dedicated low power  P"P frequencies. In light of this, we encourage the coordinators to develop a reasonable fee schedule  P"to reflect the relative ease of this type of coordination as compared to coordinating new high power stations.  Xd02 V. CONCLUSION ĐlUl  X60 lUE70.VCONCLUSION ` ` This Second Report and Order represents a significant step in the evolution of the  P"Pprivate land mobile radio services. With its adoption, we are consolidating the PLMR services  P" into two service pools Public Safety and Industrial/Business while protecting critical safety  P"related communications and providing benefits that are not realizable under the current system.  P"We are also incorporating regulatory changes to the frequency coordination process to provide  P"0PLMR users with increased choices and flexibility. These changes reflect a comprehensive  P"restructuring of the PLMR regulatory environment and will promote the highly effective and  P"@efficient use of PLMR spectrum and contribute to an environment in which advanced technologies will thrive.  X;0 T VI. PROCEDURAL MATTERS ĐlU  X 0 A.Regulatory Flexibility Act  X0 0F71. VI.A. ` ` Appendix B contains a Final Regulatory Flexibility Analysis with respect to the  V 0Second Report and Order.  X!0"!&,&&""Ԍ X0 B. Ordering Clauses  X0 G72.` `  VI.C. In view of the foregoing and pursuant to the authority contained in Sections 4(i),  P"302, 303(g), 303(r), 332(a), and 405 of the Communications Act of 1934, as amended, 47 U.S.C.  P"0 154(i), 302, 303(g), 303(r), 332(a), and 405 and Section 1.429(i) of the Commission's Rules,  X0 P"p47 C.F.R.  1.429(i), IT IS ORDERED that Part 90 of the Commission's Rules and Regulations  Xv0 IS AMENDED as specified in Appendix E.  XH0 H73. ` ` IT IS FURTHER ORDERED that the rule changes made herein WILL  X10 P"!BECOME EFFECTIVE [6 months after publication in the Federal Register] , except for   X 090.17 which WILL BECOME EFFECTIVE [upon publication in the Federal Register] .  X 0 I74. ` ` IT IS FURTHER ORDERED that the Joint Request for Temporary Relief filed  P"` February 4, 1997, by International Municipal Signal Association, International Association of Fire  P" Chiefs, Inc., American Association of State Highway and Transportation Officials, and Forestry X 0 P"P Conservation Communications Association IS GRANTED in accordance with the discussion in  X0paragraphs JNT RQ124שJNT RQ226, supra, of this Second Report and Order.  Xd0 C. Contacts for Information  X60 J75.` `  VI.D. For further information, contact Ira Keltz of the Wireless Telecommunications Bureau, Private Wireless Division, at (202) 4180680 or via EMail to "mayday@fcc.gov". ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VWilliam F. Caton ` `  hh,VActing Secretary "9',&&"  X0 APP.A A APPENDIX A l  X03 List of Commenters and Comment Summary ĐlU  X0 List of Commenters on Consolidation:  X0 1.Alarm Industry Communications Committee (AICC)  Xv02.American Automobile Association (AAA)  X_03.American Petroleum Institute (API), Supplemental Comments  XH04.XAssociation of PublicSafety Communication OfficialsInternational, Inc. (APCO)(#  X105.Burlington Northern Santa Fe Corporation (BNSF)  X 06.Canadian Pacific Railway System (CPRS)  X 07.Coalition of Industrial and Land Transportation Radio Users (Coalition)  X 0 ` Includes: American Automobile Association, American Trucking Associations, Inc.,  ` Forest Industries Telecommunications, International Taxicab and Livery Association, and Manufacturers Radio Frequency Advisory Committee, Inc.(#  X 08.CSX Transportation, Inc. (CSX)  X09.HewlettPackard Company (HP)  Xy0  @10.XInternational Association of Fire Chief, Inc., and International Municipal Signal Association (IAFC/IMSA) (#  XK011.XJoint Comments of Specialized Land Mobile Communications Users (Joint Commenters)(#  X40 `  Includes: American Automobile Association, American Trucking Associations,  ` Association of American Railroads, Central Alarm Station Association,  ` Forest Industries Telecommunications, International Taxicab and Livery Association, and Manufacturers Radio Frequency Advisory Committee(#  X012.Joint Pool Consolidation Proposal (Joint Pool)  X0 ` Includes: Personal Communications Industry Association, Industrial  ` Telecommunications Association, Alliance of Motion Picture and  ` Television Producers, Newspaper Association of America, and Telephone Maintenance Frequency Advisory Committee(#  Xe013.Norfolk Southern Corporation (NSC)  XN014.XPotlatch Corporation (Potlatch)(#  X7015.Public Safety Communications Council (PSCC)  X 016.Schlumberger Meter Communication System  X 017.XSpaceLabs Medical, Inc. (SpaceLabs)(# Reply Comments  X!01.Association of PublicSafety Communications OfficialsInternational, Inc.  X"02.Forestry Conservation Communications Association (FCCA)  X#0  @3.XInternational Association of Fire Chief, Inc., and International Municipal Signal Association (IAFC/IMSA) (# "Q%(,&&p&" Supplemental Comments  X01.Association of American Railroads (February 21, 1996)  X02.Association of American Railroads (April 12, 1996)  Xv0 List of Commenters on Consolidation and Further Notice:  X_0 1.Aeronautical Radio, Inc. (ARINC)  XH02.American Association of State Highway and Transportation Officials (AASHTO)  X103.American Gas Association (AGA)  X 04.XAssociation of American Railroads (AAR)(#  X 05.Boeing Company  X 06.City of Covington, Virginia (Covington)  X 07.XNebraska Public Power District (NPPD)(#  X 08.XPacifiCorp(#  X 09.City of Tucson, Arizona (Tucson)  X010.Union Pacific Railroad Co. and Missouri Pacific Railroad Co. (Union Pacific)  Xy011.UTC, The Telecommunications Association (UTC)  Xb012.Weyerhaeuser Company (Weyerhaeuser) Reply Comments  X01.Association of American Railroads  X02.Boeing Company  X03.Forest Industries Telecommunications (FIT)  X04.XHewlettPackard Company(#  X05.International Taxicab and Livery Association (ITLA)  X|06.Manufacturers Radio Frequency Advisory Committee, Inc. (MRFAC)  Xe07.Maximum Service Television, Inc. (MSTV)  XN08.XNebraska Public Power District (NPPD)(#  X709.Pacific Bell (PacBell)  X 010.Personal Communications Industry Association (PCIA)  X 011.Securicor Radiocoms Limited (Securicor)  X 0 P""  List of Commenters to Industrial Telecommunications Association Proposed Technical  X!0Blueprint for Consolidation:   X#01.Aeronautical Radio, Inc. (ARINC)  Xh$02.Affiliated American Railroads (AARR)  XQ%03.Alarm Industry Communications Council (AICC)"Q%),&&p&"Ԍ X04.Alliance Communications (Alliance)  X05.Automobile Association of America (AAA)  X06.American Electric Power (AEP)  X07.American Petroleum Institute (API)  X08.Associated Oregon Loggers, Inc. (Loggers)  X09.Carolina Power & Light Company (CP&L)  Xv010.Cass County Electric Cooperative (Cass)  X_011.City of Austin, Texas (Austin)  XH012.City Public Service of San Antonio, Texas (CPS)  X1013.Coalition of Industrial and Land Transportation Radio Users (Coalition)  X 0 ` 0Includes  Automobile Association of America, American Trucking Association,  ` Forest Industries Telecommunications, International Taxicab and Livery Association, and Manufacturer's Radio Frequency Advisory Committee(#  X 014.Columbia Helicopters, Inc. (Columbia)  X 015.Consumers Energy Company (Consumers)  X 016.Detroit Edison Company (DetroitEd)  X017.E.F. Johnson Company  Xy018.Fruit Growers Supply Company (FGS)  Xb019.GKL Construction Company (GKL)  XK020.HewlettPackard Company (HP)  X4021.XIndianapolis Power & Light Company (IPL)(#  X022.Industrial Telecommunications Association (ITA)  X023.Kentucky Utilities Company (KUC)  X024.Motorola  X025.National Fuel Gas (NFG)  X026.National Rural Electric Cooperative Association (NRECA)  X027.Ohio Edison (OHED)  X028.Pacific Gas and Electric Company (PGE)  X|029.Pope & Talbot, Inc. (P&T)  Xe030.Potomac Electric Power Company (PEPCO)  XN031.Public Safety Communications Council (PSCC)   XIncludes: American Association of State Highway and Transportation Officials,   Association of Public Safety Communications Officials International, Inc., International   Association of Fish and Wildlife Agencies, International Municipal Signal Association,   PForestry Conservation Communications Association, and National Association of State Foresters(#  X 032.Public Service Electric and Gas Company (PSE&G)  X!033.Simpson Timber Company (Simpson)  X"034.SpaceLabs, Inc. (SpaceLabs)  X#035.Tenneco Packaging (Tenneco)  Xh$036.TriState Generation and Transmission Association, Inc. (TriState)  XQ%037.UTC, The Telecommunications Association (UTC)"Q%*,&&p&"Ԍ X038.Washington Suburban Sanitary Commission (WSSC)  X039.Westvaco Corporation Timberlands Division (Westvaco)  X040.Willamette Industries, Inc. (Willamette) Reply Comments  X_01.Affiliated American Railroads (AARR)  XH02.Alarm Industry Communications Committee (AICC)  X103.American Automobile Association (AAA)  X 04.The Boeing Company (Boeing)  X 05.Champion Communication Services, Inc. (Champion)  X 06.Coalition of Industrial and Land Transportation Radio Users (Coalition)  X 07.Industrial Telecommunications Association (ITA)  X 08.Personal Communications Industry Association (PCIA)  X 09.UTC, The Telecommunications Association (UTC) l"+,&&"  X0A APP.B  APPENDIX B l  X0 Summary of Industry Submitted Consolidation Proposals#C\  P6QIP#ѐlU J a<   <,<< J e -(   KAICC and AAA X Option 1  (comments refer only to pools which would affect AICC and AAA members)-(d* + @   {M Public Safety Local Government, Police, Fire, Highway Maintenance, ForestryConservation, Emergency Medical    {M Private Safety Functions that warrant treatment as quasipublic safety operations. (e.g., central station alarm operations, emergency road service, special emergency services, etc.)d* +b@ J <,<< < ,<< J d* +((b  ZOption 2(()(     AICC  AAA)(*-     {MJ QuasiPublic Safety Includes Public and Private Safety entities as defined above.  {MJ Land Transportation  yO Automobile Emergency, Motor Carrier, Railroad,1 Taxicab  yO 1 Not opposed to a separate Railroad pool*-  Y < ,<< <, Y  *- ((    deAPI ((*    -  @   {M% Industrial Safety systems essential for safety and required by regulation or industry standards (e.g., pipelines, refineries, oil and gas production, hazmat transport,  yO- utilities, railroads) @@ Emergency Response Safety  yO Local Government, Police, Fire, Highway Maintenance, ForestryConservation, Emergency Medical@@  {M% Noncommercial  {M Radio All other private users@@  {M% Specialized Mobile  {M Radio Existing SMR allocations pool@@  {M% General Category Frequencies accessible to all PLMR users*  -@ c <, <@, c * ((   a Coalition (Supported by ITLA, MRFAC, Weyerhaeuser)((g*   -@ @   {M Public Safety Local Government, Police, Fire, Highway Maintenance, ForestryConservation, Emergency Medical @  {M Business Business, Private Carrier Paging, Special Emergency, Special Industrial, Motion Picture, Relay Press @  {M Industrial/Utilities Power, Petroleum, Manufacturers, Forest Products, Telephone Maintenance @  {M Land Transportation Motor Carrier, Railroad, Taxicab, Automobile Emergencyg*  -D@ Y <@, < ,( ( ( Y g* ((D   VCovington((*  -     {M" Public Safety Local Government, Police, Fire, Highway Maintenance, ForestryConservation, Emergency Medical, Special EmergencyN&  {M" Commercial Radio Service Frequencies on which resale is allowedN&  {M" Industrial Radio Service Business and internal needs"",,&& " "*  -! Table 2: Summary of Industry Submitted Consolidation Proposals (contd.) l lU O < ,( ( ( !<-<< O * O-(! P  WJoint PoolO-(* ( Pp   {MK Public Safety Local Government, Police, Fire, Highway Maintenance, ForestryConservation, Emergency Medical, Special Emergencykp  {MK Public Service All others. Set aside specific frequencies for unique requirements.* (p O !<-<<  A<k-( ( ( O * ( -O-( P   yO  UTC, (supported by AGA, PacBell 1)O-(*  -k P   {M& Emergency Response Police, Fire, Emergency Medical, Special Emergency   {M& Public Service Local Government, Highway Maintenance, ForestryConservation, Power, Petroleum, Railroad; services which provide critical logistical functions in support of the general public  yO 1 Includes Telephone Maintenance  {M& Business/Commercial Forest Products, Film and Video Production, Relay Press, Special Industrial, Business, Manufacturers, Telephone Maintenance, Motor Carrier, Taxicab, Automobile Emergency*  - J A<k-( ( ( a<-x J *((   AAR, BNSF, CPRS, CSX, Joint Commenters, NSC, Potlatch, Union Pacific ((*-  HNo Consolidation*- @ a<-x <4-x @ *-((  ^APCO((*-4  No consolidation in Public Safety Pool*-8 @ <4-x <-x @ *-((8  B<FCCA, IAFC/IMSA((*-   Base consolidation of Public Safety on the PSWAC report*- X:0#XQ\  P6Q+XP# "#-,-(-(ZZP"  X_0  THIS PAGE INTENTIONALLY BLANK ĐlU"H.,-(-(ZZP"  X0 APP.C  APP.C A APPENDIX C l  X0 Final Regulatory Flexibility Analysis ĐlU  X0 ` 1. 1. 1. a.(1)(a) i) a)K 1. 1. 1. a.(1)(a) i) a)1. REGFLEX  ` ` As required by the Regulatory Flexibility Act, 5 U.S.C.  603 (RFA), Initial  X0 P" Regulatory Flexibility Analyses (IRFA) were incorporated in the Notice of Proposed Rule Making  Xx0 P"P and the Further Notice of Proposed Rule Making in PR Docket 92235.3x U yO   ԍReplacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the  {O  P"Policies Governing Them, PR Docket 92235, Notice of Proposed Rule Making, 7 FCC Rcd 8105 (1992) (Refarming  {O  P"Notice); Replacement of Part 90 by Part 88 to Revise the Private Land Mobile Radio Services and Modify the  P"Policies Governing Them and Examination of Exclusivity and Frequency Assignments Policies of the Private Land  {O  P"pMobile Radio Services, PR Docket No. 92235, Report and Order and Further Notice of Proposed Rule Making, 10  {O FCC Rcd 10076 (1995) (Report and Order or Further Notice).3 The Commission sought  Xc0 P"P written public comments on the proposals in the Refarming Notice and Further Notice, including  XN0 P"on the IRFA. The Commission's Final Regulatory Flexibility Analysis (FRFA) in this Second  X90 P"Report and Order (Second R&O) conforms to the RFA, as amended by the Contract With  X$ 0America Advancement Act of 1996.$ H U yO   ԍPub. L. No. 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is "The Small Business  {O Regulatory Enforcement Fairness Act of 1996" (SBREFA), codified at 5 U.S.C.  601 et seq.  X 0 I.Need For and Objective of the Proposed Rule  X 0 2. FRFA_A  ` ` Our objective is to increase spectrum efficiency and facilitate the introduction of  P"advanced technologies into the 150174 MHz, 421430 MHz, 450470 MHz, and 470-512MHz  X0 P"private land mobile radio (PLMR) bands. The Report and Order in this proceeding modified the  P"Commission's rules to resolve many of the technical issues which inhibited the use of spectrally  P"efficient technologies in these frequency bands. It also stated the Commission's intent to  X@0 P"0consolidate the twenty existing radio service pools. The Further Notice in this proceeding  P" proposed several methods of introducing market based incentives into the PLMR bands, including  X0 P"0exclusivity. This Second R&O consolidates the radio service frequency pools, and addresses related issues such as frequency coordination, trunking, and low power frequencies.  X0 3. ` ` We find that the potential benefits to the PLMR community exceed any negative  P"effects that may result from the promulgation of rules for this purpose. Thus, we conclude that  P"the public interest is served by modifying our rules to consolidate the PLMR services and increase the spectral efficiency of the PLMR bands.  XG0   II.XSummary of Significant Issues Raised by the Public Comments in Response to the  X00Initial Regulatory Flexibility Analysis (# "/,-(-(ZZ0P"Ԍ X0 4. FRFA_B  ` ` No comments were submitted in direct response to the IRFA. We have, however, reviewed general comments that may impact small businesses.  X0  5. ` ` Much of the impact on small businesses arises from the central decision in this  P"@proceeding the number of frequency pools. Commenters submitted proposals which ranged  X0 P" from keeping the current system in place to consolidating to two pools.m U {O ԍSee para. IV.A.111, in the Second R&O.m This affects small  P"businesses in the following way. A smaller number of pools provides a greater number of  P"Pfrequencies available for small business to use to meet their coordination needs. Additionally,  P"by creating fewer pools, frequency coordinators will now have to compete, thus small business  P"that use PLMR systems could expect to pay lower prices for frequency coordination and receive  P"pbetter service. Finally, consolidating the PLMR services provides each frequency coordinator,  P"who currently only provides service for a narrowly defined type of user, with the ability to expand its business base.  X 0  !  III.XDescription and Estimate of the Number of Small Entities Subject to which the Rules  X0Apply (#  Xb0 @6. FRFA_C  ` ` The rules adopted in this Second Report and Order will apply to small businesses  P" that choose to use radios that operate in the PLMR bands below 512 MHz and to small businesses  P"that are designated as certified frequency coordinators in these bands. The are no Commission imposed requirements, however, for any entity to use these products.  W@  Estimates for PLMR Licensees ĐlU  X0 @7. ` ` Private land mobile radio system serve an essential role in a vast range of  P"industrial, business, land transportation, and public safety activities. These radios are used by  P"companies of all sizes operating in all U.S. business categories. Because of the vast array of  P" PLMR users, the Commission has not developed nor would it be possible to develop a definition  P"of small entities specifically applicable to PLMR users. For the purpose of determining whether  P" a licensee is a small business as defined by the Small Business Administration (SBA), each licensee would need to be evaluated within its own business area.  X 0 8. ` ` Because the Regulatory Flexibility Act amendments were not in effect until the  P"`record in this proceeding was closed, the Commission was unable to request information  P"regarding the number of small entities that are private land mobile radio licensees. Therefore,  P"the Commission is unable at this time to determine the number of small businesses which could  P"be impacted by the rules. However, the Commission's fiscal year 1994 annual report indicates  P"that at the end of fiscal year 1994 there were 1,101,711 licensees operating 12,882,623""0Z,-(-(ZZ#P"  X0 P"Ptransmitters in the PLMR bands below 512 MHz. U {Oy ԍSee Federal Communications Commission, 60th Annual Report, Fiscal Year 1994 at 120121. Further, because any entity engaged in a  P"commercial activity is eligible to hold a PLMR license, these rules could potentially impact every small business in the U.S.  X0 9. ` ` The RFA also includes small governmental entities as a part of the regulatory  X0 P"flexibility analysis.Z U {Ow   `ԍSee 5 U.S.C.  601(5) (including cities, counties, towns, townships, villages, school districts, or special districts). The definition of a small governmental entity is one with a population of  Xv0 P"@less than 50,000.:v U {O ԍId.: There are 85,006 governmental entities in the nation.v U yO ԍ1992 Census of Governments, U.S. Bureau of the Census, U.S. Department of Commerce. This number includes  P" such entities as states, counties, cities, utility districts, and school districts. There are no figures  P"available on what portion of this number has populations of fewer than 50,000. However, this  P"number includes 38,978 counties, cities, and towns, and of those, 37,566, or 96 percent, have  X 0 P"populations of fewer than 50,000.: s U {O ԍId.: The Census Bureau estimates that this ratio is approximately  P"accurate for all governmental entities. Thus, of the 85,006 governmental entities, we estimate that 96 percent, or 81,600 are small entities that may be affected by our rules.  W @  Estimates for Frequency Coordinators ĐlU  X0  10. ` ` Neither the Commission nor the SBA have developed a definition of small entities  P"specifically applicable to spectrum frequency coordinators. Therefore, we conclude that the  P"closest applicable definition under SBA rules is Business Associations (SIC 8611). The SBA  P"@defines a small business association as an entity with $5.0 million or less in annual receipts.  P"PThere are 18 entities certified to perform frequency coordination functions under Part 90 of our  P"rules. However, we are unable to ascertain how many of these frequency coordinators are  P"`classified as small entities under the SBA definition. The Census Bureau indicates that 97% of  P"@business associations have annual receipts of $4.999 million or less and would be classified as  P"small entities. The Census Bureau category is very broad, and does not include specific figures  P"for firms that are engaged in the coordination of spectrum frequencies. Therefore, for the  P"purposes of this regulatory flexibility analysis, we estimate that almost all of the 18 spectrum frequency coordinators are small as defined by the SBA.  XN0    IV.XDescription of Projected Reporting, Recordkeeping, and Other Compliance  X70Requirements of the Rules (# " 1,-(-(ZZP"Ԍ X0 P 11. ` ` The rules adopted in this Second R&O do not have any general reporting or  P"P recordkeeping requirements for PLMR licensees. There is, however, one compliance requirement.  P"Applicants for new or modified PLMR stations will be required to wait ten days prior to  P"commencing operation pursuant to conditional authority. Such a waiting period is necessary to  P" ensure that all inpool frequency coordinators are notified regarding the proposed system before  P"@ the applicant starts transmitting. While we want the licensing process to be as quick as possible,  P" we believe all affected coordinators should be aware of a proposed operation before an applicant  Xa0 P"commences transmitting.n a U {O ԍSee para. NOIFY ANY WAY51, in the Second R&O.n Regarding this issue, many commenters identify a need for a  XJ0 P"mandatory concurrence period. \JZ U {O4   ԍSee Coalition ex parte filing of December 20, 1996 in which it states that a concurrence period of ten to  P"twenty days is necessary for inpool coordinators to object to a specific frequency recommendation. This view is  {O supported by several other commenters. See, e.g., UTC Comments to Blueprint at 13. Other commenters argue that a mandatory concurrence period  X30 P"is unnecessary. 3] U {O  ԍSee PCIA Comments to Blueprint at 78; ITA ex parte filing of January 6, 1997. Rather than a mandatory concurrence period, which we believe could prolong  P"the licensing process, thereby affecting small businesses, we believe the adopted waiting period  P"will accomplish the same goal of providing a method for coordinators to ensure that existing  X 0radio systems will not suffer harmful interference from new or modified systems.  U {OL ԍITA supports this ten day waiting period. See ITA Reply Comments to Blueprint at 1112.  X 0  12. ` ` Additionally, in the specific instances where licensees want to construct a  P"centralized trunking rather than a traditional system, they must obtain concurrence from nearby  P"affected users and forward such agreements to the applicable frequency coordinator and the  X{0 P"Commission as an attachment to the license application form, FCC Form 600.s {? U {OJ ԍSee para. TRUNK CONCUR58, in the Second R&O.s Because of the  P"!fundamental differences between trunked and traditional systems, such action is necessary in order  P"Pto avoid a licensee from causing harmful interference to other nearby licensees, many of which may be small businesses.  X0   13. ` ` There are several reporting, recordkeeping, and compliance requirements applicable  P"@to the Commission certified PLMR frequency coordinators. These new requirements are  P"necessary to ensure that each frequency coordinator has access to the information necessary to perform competent frequency coordinations for their customers.  X0 (1)` ` Because several frequency coordinators will now be able to recommend  0frequencies within a common frequency pool, each needs to know the  recommendations of each of the other frequency coordinators. Such information  Pis necessary to avoid situations where harmful interference is created because two  or more coordinators recommend the same frequency in the same area at  Papproximately the same time to different applicants. Therefore, we are requiring""2 ,-(-(ZZP"  each frequency coordinator to provide, within one business day, a listing of their  Pfrequency recommendations to all other frequency coordinators in their respective  X0  pool.s U {OK ԍSee para. NOTIFY 1 DAY47, in the Second R&O.s In this connection, we believe that the importance and need for a current  and accurate accounting of frequency recommendations outweighs the burden, if  @any, on small coordinators. Because coordinators are already required to share  X0 information when invoking the interservice sharing rules of our current rules,QZ U {Ow ԍSee 47 C.F.R.  90.176.Q  0each should already have a system in place for such data exchange. Additionally,  we believe that the greater harm could occur to small business that are PLMR  licensees. Without such data exchange, these licensees' systems could be in  danger of receiving harmful interference which would endanger their business  0operations. The Commission did not receive any specific comments regarding the   oneday notification requirement. However, the Commission did receive  X 0comments regarding the need for notification.y  U {OG ԍSee, e.g., Joint Pool Comments at 1011; UTC Comments at 12.y(#`  X 0 (2)` ` In some instances, frequency coordinators need to perform engineering analyses  to determine if an applicant's proposed radio system is feasible. A coordinator  pmay need detailed information on systems coordinated by other coordinators in  order to perform such an analysis. Therefore, we are requiring that each  coordinator provide, upon request, within one business day, information requested  XK0by another coordinator regarding a pending coordination.wK< U {O ԍSee para. SHARE OTHER INFO49, in the Second R&O.w(#`  X0 (3)` ` To ensure that applicants have access to reliable and competent frequency  coordination services regardless of which coordinator they choose to use, we have  determined that some minimum technical standards to which each coordinator  0must adhere need to be established. We are requiring the coordinators to achieve  X0 a consensus on such standards within six months of the publication of this Second  X0R&O in the Federal Register.p U {O ԍSee para. TECH STDS43, in the Second R&O.p(#`  X0 (4)` ` In the Report and Order, the Commission provided frequency coordinators with  pthe authority to designate channels for the exclusive use of low power systems.  Coordinators have been reluctant to designate such channels due to uncertainty  regarding consolidation. Now that the framework for the frequency pools has  X&0 0been established, we are providing six months from the publication of this Second"&3,-(-(ZZP"  X0 R&O in the Federal Register for the frequency coordinators to achieve a consensus  X0plan for low power channels.o U {Od ԍSee para. LP DESIG63, in the Second R&O.o(#`  X0  0!  V.XSteps Taken By Agency to Minimize Significant Economic Impact on Small Entities  X0Consistent with Stated Objectives (#  Xa0  14. FRFA_E  ` ` The Commission provided the PLMR community with an opportunity to meet and  P"0develop a consensus position on this issue as an alternative to the Commission's adoption of  P"final rules for consolidation of the PLMR radio services. Unfortunately, a consensus was not  X 0reached, therefore this Report and Order balances the competing interests.  X 0 15.` ` The Commission, in this Second R&O, has considered comments regarding its  P"plans to consolidate the PLMR radio services below 512 MHz and those related comments filed  X 0 P" pursuant to proposals discussed in the Further Notice. In doing so, the Commission has adopted  P"several proposals which minimize burdens placed on small entities. First, the Commission has  P"` adopted a two pool consolidation plan which will provide more frequency options to entities than  P" the current frequency pool structure and structures based on more than two pools. The increase  P"in frequency choices will provide a greater likelihood that licensees, including small entities, will  P"share frequencies with fewer systems enabling them to achieve more efficiency in their radio  X<0 P"@systems.p<Z U {O& ԍSee para. TWO POOLS20, in the Second R&O.p Second, by adopting a two pool approach, we are able to eliminate the interservice  P" sharing rules in Section 90.176 of our rules. Currently, entities who want to use frequencies in  P" a pool other than the one in which they are eligible must invoke these rules and usually are  P"required to pay a frequency coordination fee to the coordinator for their pool and a fee to the  P"0 coordinator for the pool in which they want to share a frequency. Because entities will now have  X0 P"direct access to all frequencies in their respective pool, this Second R&O eliminates the need for  X0 P"` an entity to pay more than one frequency coordination fee for any radio system.{ U {O ԍSee para. ELIM INTERSERVICE SHR29 in the Second R&O.{ Third, because  X0 P" this Second R&O provides for competitive frequency coordination in the Industrial/Business Pool,  P"0 license applicants should expect a reduction in frequency coordination fees and/or an increase in  Xq0 P"Pthe level of service.nq< U {O=! ԍSee para. COMPETE40, in the Second R&O.n Fourth, under the adopted frequency pool structure, all frequency  P"coordinators will be certified to coordinate frequencies in the pool in which the pool that they  P"`previously coordinated is placed. This will minimize confusion and ease the transition process  X,0 P" from the current radio service structure to the new consolidated frequency pool structure.p, U {Oi% ԍSee para. SAME POOL33, in the Second R&O.p Fifth,  P"@in order to ensure a smooth transition to the consolidated frequency pools, we are providing a"4,-(-(ZZP"  X0 P"period of six months for entities to implement the rule changes adopted in the Second R&O.u U {Oy ԍSee para. SIX MONTH DELAY2, in the Second R&O.u  P"Sixth, rather than requiring the frequency coordinators to establish and maintain a common real P" time database, we are only requiring that they share certain information among themselves.  P"Requiring the development of a common database would be a complex, costly, and time  X0 P"0consuming endeavor.sZ U {O ԍSee para. NO COMMON DB46, in the Second R&O.s Seventh, while we are requiring the sharing of certain data, we are not  P"specifying the method by which this data should be shared. Each frequency coordinator may  Xx0 P" choose any method that fulfills its requirements with respect to speed, cost, and quality.tx U {O ԍSee para. NOIFY ANY WAY51, in the Second R&O.t Eighth,  P"Pwe are providing a method by which licensees can implement a centralized trunking system.  P"@Because such systems are more efficient than traditional systems, licensees who implement  P"p centralized trunking may be able to achieve the same amount of communications as they currently  X 0do with fewer channels.s < U {O ԍSee para. PERMIT TRUNK56, in the Second R&O.s  X 0 VI.Report to Congress  X 0 P16. FRFA_G  ` ` The Commission shall send a copy of this Final Regulatory Flexibility Analysis,  X0 P"along with the Second Report and Order, in a report to Congress pursuant to the SBREFA.W U {O ԍSee 5. U.S.C.  801(a)(1)(A).W A copy of this FRFA will also be published in the Federal Register."}5,-(-(ZZP"  X0 A APP.D APPENDIX D l  X0 List of Frequency Coordinators Below 512 MHz ĐlU  P" For frequencies in the 470512 MHz band, applicants may use any frequency coordinator. For all other frequencies below 470 MHz, applicants must use the designated frequency coordinator.  Public Safety Pool Frequency CoordinatorslU For frequencies designated with a "PP" or a "PX" in Section 90.20 of the Commission's rules: Association of PublicSafety Communications OfficialsInternational, Inc. Attn: Frequency Coordination Department 2040 South Ridgewood Avenue South Daytona, Florida 32119 Phone: (904) 3222500 Fax: (904) 3222502  P"0For frequencies designated with a "PF", "PM", or a "PX" in Section 90.20 of the Commission's rules: International Association of Fire Chiefs/International Municipal Signal Association Attn: Al Mello P.O. Box 1513 Providence, Rhode Island 02901 Phone: (401) 7382220 For frequencies designated with a "PO" or a "PX" in Section 90.20 of the Commission's rules: Forestry Conservation Communications Association Attn: Joe Friend Hall of the States 444 North Capitol Street, NW, Suite 540 Washington, DC 20001 Phone: (202) 6245416 "#6,-(-(ZZ$P" For frequencies designated with a "PH" or a "PX" in Section 90.20 of the Commission's rules: American Association of State Highway and Transportation Officials Attn: Larry Miller 444 North Capitol Street, NW, Suite 249 Washington, DC 20001 Phone: (202) 6245800 or (202) 6245448 For frequencies designated with a "PS" in Section 90.20 of the Commission's rules: PCIA/IAFC/IMSA Attn: Frequency Coordination Department 500 Montgomery Street, Suite 700 Alexandria, Virginia 22314 Phone: (703) 7390300 or 18007590300 $ Industrial/Business Pool Frequency CoordinatorslU For frequencies designated with an "IW" in Section 90.35 of the Commission's rules: UTC, The Telecommunications Association Attn: Frequency Coordination Department 1140 Connecticut Avenue, NW, Suite 1140 Washington, DC 20036 Phone: (202) 8721279 Fax: (202) 8721331 For frequencies designated with an "IP" in Section 90.35 of the Commission's rules: Petroleum Frequency Coordinating Committee c/o Industrial Telecommunications Association, Inc. Attn: Spectrum Management Department 1110 North Glebe Road, Suite 500 Arlington, Virginia 22201 Phone: (703) 5285115 "h$7,-(-(ZZ%P" For frequencies designated with an "LR" in Section 90.35 of the Commission's rules: Association of American Railroads Communications and Signal Division Attn: Chris Allman 50 F Street, NW Washington, DC 20001 Phone: (202) 6392217  P"For all other frequencies, applicants may use any of the coordinators listed above or one of the following: American Automobile Association Attn: Gary M. Ruark 1000 AAA Drive, Mailspace 15 Heathrow, Florida 327465063 Phone: (407) 4447786 Fax: (407) 4447380 Personal Communications Industry Association Attn: Frequency Coordination Department 500 Montgomery Street, Suite 700 Alexandria, Virginia 22314 Phone: (703) 7390300 or 18007590300 Central Station Alarm Association Attn: Robert Bitton, President P.O. Box 5859 140 Hillside Avenue Hillside, New Jersey 072055859 Phone: (201) 9234600 Fax: (201) 9234535 Forest Industries Telecommunications Attn: Kenton E. Sturdevant 871 Country Club Road, Suite A Eugene, Oregon 97401 Phone: (541) 4858441 "h$8,-(-(ZZ%P" Manufacturers Radio Frequency Advisory Committee, Inc. Attn: Frequency Coordination Department 1041 Sterling Road, #106 Herndon, Virginia 22070 Phone: (703) 3189206 Fax: (703) 3189209 Alliance of Motion Picture and Television Producers c/o Industrial Telecommunications Association, Inc. Attn: Spectrum Management Department 1110 North Glebe Road, Suite 500 Arlington, Virginia 22201 Phone: (703) 5285115 American Trucking Association, Inc. Attn: Gus Gyllenhoff 2200 Mill Road Alexandria, Virginia 22314 Phone: (703) 8381730 or (703) 8381731 Newspaper Association of America c/o Industrial Telecommunications Association, Inc. Attn: Spectrum Management Department 1110 North Glebe Road, Suite 500 Arlington, Virginia 22201 Phone: (703) 5285115 Industrial Telecommunications Association, Inc. Attn: Spectrum Management Department 1110 North Glebe Road, Suite 500 Arlington, Virginia 22201 Phone: (703) 5285115 International Taxicab and Livery Association Attn: Cecelia M. Hayes 3849 Farragut Avenue Kensington, Maryland 20895 Phone: (301) 9465702  {"{@ "#9,-(-(ZZ$P"  {"{@ Telephone Maintenance Frequency Advisory Committee c/o Industrial Telecommunications Association, Inc. Attn: Spectrum Management Department 1110 North Glebe Road, Suite 500 Arlington, Virginia 22201 Phone: (703) 5285115  P"Frequencies available under Section 90.265(a) of the Commission's rules must be coordinated through the National Oceanic and Atmospheric Administration (NOAA) at the following address: Hydrological Federal Frequency NOAA National Weather Service Attn: Eugene A. Stallings Office of Hydrology, W/OH22 1325 EastWest Highway, Room 8140 Silver Spring, Maryland 20910 Phone: (301) 7130006 "y:,-(-(ZZP"  X0B  APP. E APPENDIX E l  X0GFinal Rules ĐlU  P"Parts 1, 20, 74, 90, and 101 of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows:  X_0 PART 1 PRACTICE AND PROCEDURE  X10 1. 1. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)1. The authority citation for part 1 continues to read as follows:  X 0 AUTHORITY: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise noted.  X 0 2. Section 1.952 is amended by revising paragraph (b) to read as follows:  X0  1.952 How file numbers are assigned. Tl* * * * *lU (b) File number symbols and service or class of station designators: Amateur and Disaster ServiceslU ` ` Y Amateur ` ` D Disaster ` ` R Races <Aviation ServiceslU ` ` A Aeronautical and fixed group ` ` AA Aviation auxiliary group ` ` AR Aviation radionavigation land ` ` AC Civil Air Patrol /7Personal Radio ServicelU ` ` CA General Mobile Radio Service ` ` ZA General Mobile Radio Service ` ` ZV Interactive Video and Data Service "#';,-(-(ZZP(P"ԌAYMarine ServiceslU q` ` MK Alaskan group q` ` M Coastal group q` ` MA Marine auxiliary group q` ` MR Marine radiodetermination land  Microwave Services?K q` ` OF Private OperationalFixed Microwave oRadiolocation Service?K q` ` RS Radiolocation  Land Mobile Services below 800 MHz?K q` ` IG Conventional Industrial/Business Pool q` ` PW Conventional Public Safety Pool q` ` YG Trunked Industrial/Business Pool q` ` YW Trunked Public Safety Pool 800 MHz Services?K q` ` GB Conventional Business q` ` GO Conventional Industrial/Land Transportation q` ` GP Conventional Public Safety/Special Emergency q` ` GX Conventional Commercial (SMRS) q` ` YB Trunked Business q` ` YO Trunked Industrial/Land Transportation q` ` YP Trunked Public Safety/Special Emergency q` ` YX Trunked Commercial (SMRS) 900 MHz Paging Services?K q` ` GS Private carrier paging systems 'l* * * * *?K"#'<,-(-(ZZP(P"Ԍ X0ԙ PART 20 COMMERCIAL MOBILE RADIO SERVICES  X0 I. 1. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a)q1. The authority citation for part 20 continues to read as follows:  X0 qAUTHORITY: Secs. 4, 303, and 332, 48 Stat. 1066, 1082, as amended; 47 U.S.C.  X0154, 303, and 332, unless otherwise noted.  XH0q 2. Section 20.3 is amended by revising paragraph (b) of the definition for Private Mobile Radio Service to read as follows:  X 0q  20.3 Definitions. 'l* * * * *?K  X 0qPrivate Mobile Radio Service. * * * q(b) Mobile radio service offered to restricted classes of eligible users. This includes entities eligible in the Public Safety Radio Pool and Radiolocation service. 'l* * * * *?K  X0q 3. Section 20.9 is amended by revising paragraph (a)(2) to read as follows:  X0q  20.9 Commercial mobile radio service. q(a) * * * q(2) Stations that offer Industrial/Business Pool ( 90.35 of this chapter) eligibles forprofit, interconnected service. q 'l* * * * *?K  X0 PART 74 EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES  X"0q4. The authority citation for part 74 continues to read as follows:  Xj$0 qAUTHORITY: Secs. 4, 303, 48 Stat. 1066, as amended, 1082 as amended; 47  XS%0U.S.C. 154, 303, 554. "%'=,-(-(ZZP(P"Ԍ X0q 5. Section 74.402 is amended by revising the last sentence of footnotes 3 and 5 of paragraph (a) and the Note following paragraph (b) to read as follows:  X0q  74.402 Frequency assignment. q(a) * * *  X_0q3 * * * Applications for licenses to use frequencies in this group must include statements showing what procedures will be taken to insure that interference will not be caused to stations in the Industrial/Business Pool. 'l* * * * *?K  X 0q5 * * * In other areas, certain existing stations in the Public Safety Pool and Industrial/Business Pool have been permitted to continue operation on these frequencies on condition that no harmful interference is caused to remote pickup broadcast stations. 'l* * * * *?K q(b) * * * qNote: These frequencies are shared with the Industrial/Business Pool. 'l* * * * *?K  X0 PART 90 PRIVATE LAND MOBILE RADIO SERVICES  X|0q 6. The authority citation for part 90 continues to read as follows:  XN0q AUTHORITY: 47 U.S.C. 154, 302, 303, AND 332, unless otherwise noted.  X 0q 7. Section 90.7 is amended by adding definitions for Automobile emergency licensee, Emergency Medical Licensee, Film and video licensee, Fire Licensee, Forest products licensee, Frequency coordination, Manufacturers licensee, Motor carrier licensee, Police licensee, Power licensee, Petroleum licensee, Railroad licensee, Relay press licensee, Special Industrial licensee, Taxicab licensee, and Telephone maintenance licensee to read as follows: ?  X#0?Kq  90.7 Definitions. 'l* * * * *?K":&>,-(-(ZZ'P"Ԍ X0qAutomobile emergency licensee. Persons regularly engaged in any of the following activities who operate radio stations for transmission of communications required for dispatching repair trucks, tow trucks, or other road service vehicles to disabled vehicles. q(1) The operation of a private emergency road service for disabled vehicles by associations of owners of private automobiles. q(2) The business of providing to the general public an emergency road service for disabled vehicles. 'l* * * * *?K  X 0qEmergency Medical Licensee. Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis that operate radio stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support.  X}0qFilm and video production licensee. Persons primarily engaged in or providing direct technical support to the production, videotaping, or filming of motion pictures or television programs, such as movies, programs, news programs, special events, educational programs, or training films, regardless of whether the productions are prepared primarily for final exhibition at theatrical outlets or on television or for distribution through other mass communications outlets.  X0qFire licensee. Any territory, possession, state, city, county, town, or similar governmental entity, and persons or organizations charged with specific fire protection activities that operate radio stations for transmission of communications essential to official fire activities. 'l* * * * *?K  X?0qForest products licensee. Persons primarily engaged in tree logging, tree farming, or related woods operations, including related hauling activities, if the hauling activities are performed under contract to, and exclusively for, persons engaged in woods operations or engaged in manufacturing lumber, plywood, hardboard, or pulp and paper products from wood fiber. 'l* * * * *?K  X#0qFrequency coordination. The process of obtaining the recommendation of a frequency coordinator for a frequency(ies) that will most effectively meet the applicant's needs while minimizing interference t licensees already operating within a given frequency band. "F&?,-(-(ZZ`'P"Ԍ'l* * * * *?K  X0qManufacturers licensee. Persons primarily engaged in any of the following manufacturing activities: q(1) The mechanical or chemical transformation of substances into new products within such establishments as plants, factories, shipyards, or mills which employ, in that process, powerdriven machines and materials-handling equipment. q(2) The assembly of components of manufactured products within such establishments as plants, factories, shipyards, or mills where the new product is neither a new structure nor other fixed improvement. Establishments primarily engaged in the wholesale or retail trade, or in service activities, even though they fabricate or assemble any or all the products or commodities handled, are not included in this category. q(3) The providing of supporting services or materials by a corporation to its parent corporation, to another subsidiary of its parent or to its own subsidiary, where such supporting services or materials are directly related to those regular activities of such parent or subsidiary which are eligible under subparagraph (1) or (2) of this paragraph. 'l* * * * *?K  X0qMotor carrier licensee. Persons primarily engaged in providing a common or contract motor carrier transportation service in any of the following activities: Provided, however, that motor vehicles used as taxicabs, livery vehicles, or school buses, and motor vehicles used for sightseeing or special charter purposes, shall not be included within the meaning of this term. For purposes of this definition, an urban area is defined as being one or more contiguous, incorporated or unincorporated cities, boroughs, towns, or villages, having an aggregate population of 2,500 or more persons. q(1) The transportation of passengers between urban areas. q(2) The transportation of property between urban areas. q(3) The transportation of passengers within a single urban area. q(4) The transportation, local distribution or collection of property within a single urban area. 'l* * * * *?K  XU%0qPetroleum licensee. Persons primarily engaged in prospecting for, producing, collecting, refining, or transporting by means of pipeline, petroleum or petroleum products (including natural gas).")'@,-(-(ZZP(P"Ԍ X0ԙqPolice licensee. Any territory, possession, state, city, county, town, or similar governmental entity including a governmental institution authorized by law to provide its own police protection that operate radio stations for transmission of communications essential to official police activities.  X0qPower licensee. Persons primarily engaged in any of the following activities: q(1) The generation, transmission, or distribution of electrical energy for use by the general public or by the members of a cooperative organization. q(2) The distribution of manufactured or natural gas by means of pipe line, for use by the general public or by the members of a cooperative organization, or, in a combination of that activity with the production, transmission or storage of manufactured or natural gas preparatory to such distribution. q(3) The distribution of steam by means of pipeline or, of water by means of pipeline, canal, or open ditch, for use by the general public or by the members of a cooperative organization, or in a combination of that activity with the collection, transmission, storage, or purification of water or the generation of steam preparatory to such distribution. q(4) The providing of a supporting service by a corporation directly related to activities of its parent corporation, of another subsidiary of the same parent, or of its own subsidiary, where the party served is regularly engaged in any of the activities set forth in this definition. 'l* * * * *?K  X0qRailroad licensee. Railroad common carriers which are regularly engaged in the transportation of passengers or property when such passengers or property are transported over all or part of their route by railroad.  XT0qRelay press licensee. Persons primarily engaged in the publication of a newspaper or in the operation of an established press association. 'l* * * * *?K  X0qSpecial industrial licensee. Persons regularly engaged in any of the following activities: q(1) The operation of farms, ranches, or similar land areas, for the quantity production of crops or plants; vines or trees (excluding forestry operations); or for the keeping, grazing or feeding of livestock for animal products, animal increase, or value enhancement. q(2) Plowing, soil conditioning, seeding, fertilizing, or harvesting for agricultural activities."-'A,-(-(ZZP(P"Ԍq(3) Spraying or dusting of insecticides, herbicides, or fungicides, in areas other than enclosed structures. q(4) Livestock breeding service. q(5) The operation of a commercial business regularly engaged in the construction of roads, bridges, sewer systems, pipelines, airfields, or water, oil, gas, or power production, collection, or distribution systems. The construction of buildings is not included in this category. q(6) The operation of mines for the recovery of solid fuels, minerals, metal, rock, sand and gravel from the earth or the sea, including the exploration for and development of mining properties. q(7) Maintaining, patrolling or repairing gas or liquid transmission pipelines, tank cars, water or waste disposal wells, industrial storage tanks, or distribution systems of public utilities. q(8) Acidizing, cementing, logging, perforating, or shooting activities, and services of a similar nature incident to the drilling of new oil or gas wells, or the maintenance of production from established wells. q(9) Supplying chemicals, mud, tools, pipe, and other materials or equipment unique to the petroleum and gas production industry, as the primary activity of the applicant if delivery, installation or application of these materials requires the use of specifically fitted conveyances. q(10) The delivery of ice or fuel to the consumer for heating, lighting, refrigeration or power generation purposes, by means other than pipelines or railroads when such products are not to be resold following their delivery. q(11) The delivery and pouring of ready mixed concrete or hot asphalt mix. 'l* * * * *?K  X0qTaxicab licensee. Persons regularly engaged in furnishing to the public for hire a nonscheduled passenger land transportation service (which may also include the occasional transport of small items of property) not operated over a regular route or between established terminals. 'l* * * * *?K  XS%0qTelephone maintenance licensee. Communications common carriers engaged in the provision of landline local exchange telephone service, or interexchange communications service, or who provide wire-telegraph service, and radio communications common carriers"''B,-(-(ZZP(P" authorized in the Point-to-Point Microwave Radio Service under part 21 of this chapter. Resellers that do not own or control transmission facilities is not included in this category. 'l* * * * *?K  Xv0q 8. Section 90.17 is amended by adding new paragraphs (a)(1) and (a)(2) and a new last sentence to paragraph (a) read as follows:  X10q  90.17 Local Government Radio Service. q(a) * * * Additionally, the following nongovernmental entities are eligible to hold  X 0authorizations in the Local Government Radio Service, provided that their applications are accompanied by a statement from the governmental entity having legal jurisdiction over the area to be served, supporting the request: q(1) Persons or organizations charged with specific fire protection activities for communications essential to the official fire activities of the licensee. q(2) Persons or organizations charged with specific forestryconservation activities for communications essential to the official forestryconservation activities of the licensee. 'l* * * * *?K  X0q 9. Subpart B is revised to read as follows:  X0  Subpart B Public Safety Radio Pool ?  Xg0?Kq  90.15 Scope.  XP0q  90.16 Public Safety National Plan.  X90q  90.20 Public Safety Pool.  X"0q  90.22 Paging operations.  X0  Subpart B Public Safety Radio Pool ?K  X!0 q 90.15 Scope. qThe Public Safety Radio Pool covers the licensing of the radio communications of governmental entities and the following category of activities: medical services, rescue organizations, veterinarians, persons with disabilities, disaster relief organizations, school buses, beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communications facilities. Entities not meeting these eligibility"%'C,-(-(ZZP(P" criteria may also be licensed in the Public Safety Radio Pool solely to provide service to  X0eligibles on oneway pagingonly frequencies below 800 MHz, i.e., those frequencies with the assignment limitations appearing at  90.20(d)(13) or (60). Private carrier systems licensed on other channels prior to June 1, 1990, may continue to provide radio communications service to eligibles. Rules as to eligibility for licensing, frequencies available, permissible communications and classes and number of stations, and any special requirements are set forth in the following sections.  X30 q 90.16 Public Safety National Plan. qThe Commission has established a National Plan which specifies special policies and procedures governing the Public Safety Pool (formally Public Safety Radio Services and the Special Emergency Radio Service). The National Plan is contained in the Report and Order in General Docket No. 87-112. The principal spectrum resource for the National Plan is the 821-824 MHz and the 866-869 MHz bands. The National plan establishes planning regions covering all parts of the United States, Puerto Rico, and the U.S. Virgin Islands. No assignments will be made in the 821-824 MHz and 866-869 MHz bands until a regional plan for the area has been accepted by the Commission.  X0 q 90.20 Public Safety Pool.  X0q(a) Eligibility. The following are eligible to hold authorizations in the Public Safety Pool. q(1) Any territory, possession, state, city, county, town or similar governmental entity is eligible to hold authorizations in the Public Safety Pool to operate radio stations for transmission of communications essential to official activities of the licensee, including: q(i) A district and an authority, but not including a school district or authority or a park district or authority except as provided for in  90.242; q(ii) A governmental institution authorized by law to provide its own police protection; and q(iii) Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis are eligible to hold authorization to operate stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Applications submitted by persons or organizations (governmental or otherwise) other than the governmental body having jurisdiction over the state's emergency medical service plans must be accompanied by a statement prepared by the governmental body having jurisdiction over the state's emergency">&D,-(-(ZZ`'P" medical services plan indicating that the applicant is included in the state's emergency plan or otherwise supporting the application. q(iv) Governmental entities and governmental agencies for their own medical activities. q(v) Governmental entities and governmental agencies for providing medical services communications to other eligible persons through direct participation in and direct operational control of the system, such as through central dispatch service. q(2) Persons or organizations other than governmental entities are eligible to hold authorizations in the Public Safety Pool to operate radio stations for transmission of communications, as listed below. When requesting frequencies not designated by a "PS" in the coordinator column of the frequency table in paragraph (c)(3) of this section, applications must be accompanied by a statement from the governmental entity having legal jurisdiction over the area to be served, supporting the request. q(i) Persons or organizations charged with specific fire protection activities. q(ii) Persons or organizations charged with specific forestry-conservation activities. q(iii) Persons or organizations, listed below, engaged in the delivery or rendition of medical services to the public and on a secondary basis, for transmission of messages related to the efficient administration of organizations and facilities engaged in medical services operations: q (A) Hospital establishments that offer services, facilities, and beds for use beyond 24 hours in rendering medical treatment; q(B) Institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments; q(C) Ambulance companies regularly engaged in providing medical ambulance services; q(D) Rescue organizations for the limited purpose of participation in providing medical services; q(E) Associations comprised of two or more of the organizations eligible under paragraph (a)(2)(iii)(A), (B), (C), and (D) of this section, for the purpose of active participation in and direct operational control of the medical services communication activities of such organizations; q(F) Physicians, schools of medicine, oral surgeons, and associations of physicians or oral surgeons;"#'E,-(-(ZZP(P"Ԍq(iv) Persons or organizations operating a rescue squad for transmission of messages pertaining to the safety of life or property and urgent messages necessary for the rendition of an efficient emergency rescue service. q(A) Each rescue squad will normally be authorized to operate one base station, and a number of mobile units (excluding hand carried mobile units) not exceeding the number of vehicles actually used in emergency rescue operations. q(B) In addition, each rescue squad will be authorized to operate a number of hand carried mobile units not exceeding two such units for each radio equipped vehicle actually used in emergency rescue operations. q(v) Persons with Disabilities. The initial application from a person claiming eligibility under this paragraph shall be accompanied by a statement from a physician attesting to the condition of the applicant or the applicant's child (or ward in case of guardianship). q(A) Any person having a hearing deficiency such that average hearing threshold levels are 90 dB above ANSI (American National Standards Institute) 1969 or ISO (International Standards Organization) 1964 levels and such other persons who submit medical certification of similar hearing deficiency. q(B) Any person having visual acuity corrected to no better than 20/200 in the better eye or having a field of vision of less than 20 degrees. q(C) Any person, who, through loss of limbs or motor function, is confined to a wheelchair, or is non-ambulatory. q(D) Any person actively awaiting an organ transplant. q(E) Parents or guardians of persons under 18 years eligible under (A), (B), (C), or institutions devoted to the care or training of those persons. q(vi) A veterinarian, veterinary clinic, or a school of veterinary medicine for the transmission of messages pertaining to the care and treatment of animals. Each licensee may be authorized to operate one base station and two mobile units. Additional base stations or mobile units will be authorized only on a showing of need. q(vii) Organizations established for disaster relief purposes having an emergency radio communications plan for the transmission of communications relating to the safety of life or property, the establishment and maintenance of temporary relief facilities, and the alleviation of the emergency situation during periods of actual or impending emergency, or disaster, and until substantially normal conditions are restored. In addition, the stations may be used for training exercises, incidental to the emergency communications plan, and for operational communications of the disaster relief organization or its chapter affiliates. The initial"#'F,-(-(ZZP(P" application from a disaster relief organization shall be accompanied by a copy of the charter or other authority under which the organization was established and a copy of its communications plan. The plan shall fully describe the operation of the radio facilities and describe the method of integration into other communications facilities which normally would be available to assist in the alleviation of the emergency condition. q(viii) Persons or organizations operating school buses on a regular basis over regular routes for the transmission of messages pertaining to either the efficient operation of the school bus service or the safety or general welfare of the students they are engaged in transporting. Each school bus operator may be authorized to operate one base station and a number of mobile units not in excess of the total of the number of buses and maintenance vehicles regularly engaged in the school bus operation. Additional base stations or mobile units will be authorized only in exceptional circumstances when the applicant can show a specific need. q(ix) Persons or organizations operating beach patrols having responsibility for life-saving activities for the transmission of messages required for the safety of life or property. q(x) Persons or organizations maintaining establishment in isolated areas where public communications facilities are not available and where the use of radio is the only feasible means of establishing communication with a center of population, or other point from which emergency assistance might be obtained if needed, for the transmission of messages only during an actual or impending emergency endangering life, health or property for the transmission of essential communications arising from the emergency. The transmission of routine or non-emergency communications is strictly prohibited. q(A) Special eligibility showing. The initial application requesting a station authorization for an establishment in an isolated area shall be accompanied by a statement describing the status of public communication facilities in the area of the applicant's establishment; the results of any attempts the applicant may have made to obtain public communication service, and; in the event radio communications service is to be furnished  X 0under subparagraph (a)(2)(x)(C)(2) of this section, a copy of the agreement involved must be submitted. q(B) Class and number of stations available. Persons or organizations in this category may be authorized to operate not more than one fixed station at any isolated establishment and not more than one fixed station in a center of population. q(C) Communication service rendered and received.  XS%0q(1) The licensee of a station at any establishment in an isolated area shall make the communication facilities of such station available at no charge to any person desiring the transmission of any communication permitted by paragraph (a) of this section."''G,-(-(ZZP(P"Ԍ X0ԙq(2) For the purpose of providing the communications link desired the licensee of a station at an establishment in an isolated area either may be the licensee of a similar station at another location or may obtain communication service under a mutual agreement from the licensee of any station in the Public Safety Pool or any other station which is authorized to communicate with the fixed station. q(xi) A communications common carrier operating communications circuits that normally carry essential communication of such a nature that their disruption would endanger life or public property is eligible to hold authorizations for standby radio facilities for the transmission of messages only during periods when the normal circuits are inoperative due to circumstances beyond the control of the user. During such periods the radio facilities may be used to transmit any communication which would be carried by the regular circuit. Initial applications for authorization to operate a standby radio facility must include a statement describing radio communication facilities desired, the proposed method of operation, a description of the messages normally being carried, and an explanation of how their disruption will endanger life or public property. q(xii) Communications common carriers for radio facilities to be used in effecting expeditious repairs to interruption of public communications facilities where such interruptions have resulted in disabling intercity circuits or service to a multiplicity of subscribers in a general area. Stations authorized under this section may be used only when no other means of communication is readily available, for the transmission of messages relating to the safety of life and property and messages which are necessary for the efficient restoration of the public communication facilities which have been disrupted. q(xiii) Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis are eligible to hold authorization to operate stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Applications submitted by persons or organizations (governmental or otherwise) other than the governmental body having jurisdiction over the state's emergency medical service plans must be accompanied by a statement prepared by the governmental body having jurisdiction over the state's emergency medical services plan indicating that the applicant is included in the state's emergency plan or otherwise supporting the application.  X 0q(b) International police radiocommunication. Police licensees which are located in close proximity to the borders of the United States may be authorized to communicate internationally. Request for such authority shall be written and signed and submitted in duplicate. The request shall include information as to the station with which communication will be conducted, and the frequency, power, emission, etc., that will be used. If authorized, such international communication must be conducted in accordance with Article 5 of the Inter-American Radio Agreement, Washington, DC, 1949, which reads as follows: "''H,-(-(ZZP(P"Ԍ X0qArticle 5. Police radio stations. When the American countries authorize their police radio stations to exchange emergency information by radio with similar stations of another country, the following rules shall be applied. q(a) Only police radio stations located close to the boundaries of contiguous countries shall be allowed to exchange this information. q(b) In general, only important police messages shall be handled, such as those which would lose their value, because of slowness and time limitations if sent on other communication systems. q(c) Frequencies used for radiotelephone communications with mobile police units shall not be used for radiotelegraph communications. q(d) Radiotelephone communications shall be conducted only on frequencies assigned for radiotelephony. q(e) Radiotelegraph communications shall be conducted on the following frequencies: 2804 kHz calling, 2808 kHz working, 2812 kHz working, 5195 kHz day calling, 5185 kHz day working, 5140 kHz day working. q(f) The characteristics of police radio stations authorized to exchange information shall be notified to the International Telecommunication Union, Geneva, Switzerland. q(g) The abbreviations contained in Appendix 9 of the Atlantic City Radio Regulations shall be used to the greatest possible extent. Service indications are as follows: "P", priority, for messages that are to be sent immediately, regardless of the number of other messages on file. If no service indication is given, the messages are to be transmitted in the order of receipt. q(h) The message shall contain the preamble, address, text and signature, as follows: Preamble. The preamble of the message shall consist of the following: the serial number preceded by the letters "NR", service indications, as appropriate; the group count according to standard cable count system; the letters "CK", followed by numerals indicating the number of words contained in the text of the message: office and country of origin (not abbreviations): day, month, and hour of filing;  X!0qAddress. The address must be as complete as possible and shall include the name of the addressee with any supplementary particulars necessary for immediate delivery of the message;  XU%0qText. The text may be either in plain language or code; "@&I,-(-(ZZ`'P"Ԍ X0qSignature. The signature shall include the name and title of the person originating the message. q(c) Public Safety frequencies. q(1) The following table indicates frequencies available for assignment to Public Safety stations, together with the class of station(s) to which they are normally assigned, the specific assignment limitations which are explained in paragraph (d) of this section, and the certified frequency coordinator for each frequency: q(2) The letter symbol(s) listed in the Coordinator column of the frequency table in paragraph (c)(3) of this section specifies the frequency coordinator(s) for each frequency as follows:  X 0X` hp x (#%'0*,.8135@8:63. Section 90.617 is amended by revising the first sentence of the introductory text of paragraph (a), the second sentence of paragraphs (a)(1) and (c), and the first sentence of paragraph (b) to read as follows:  Xy0q  90.617 Frequencies in the 809.750824/854.750869 MHz, and 896901/935940  Xb0MHz bands available for trunked or conventional system use in nonborder areas. q(a) The channels listed in Table 1 and paragraph (a)(1) are available to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. * * * q(1) * * * The assignment of these channels will be done in accordance with the  X0policies defined in the Report and Order of Gen. Docket No. 87112 (See  90.16). * * * q(b) The channels listed in Table 2A are available to eligible applicants in the Industrial/Land Transportation Category (consisting of Power, Petroleum, Forest Products, Film and Video Production, Relay Press, Special Industrial, Manufacturers, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile Emergency licensees, as defined in  90.7). * * * q(c) * * * This category includes those entities eligible in the Industrial/Business Pool of subpart C of this part and does not include Special Mobilized Radio Systems as defined in  90.603(c). * * * 'l* * * * *?K "#,+%+%\ \ $"Ԍ X0 q?64. Section 90.619 is amended by revising paragraph (b)(7)(iii), the first sentence paragraphs (a)(1) and (a)(3), and the second sentence of paragraphs (a)(2) and (a)(4) to read as follows:  X0q  90.619 Frequencies available for use in the U.S./Mexico and U.S./Canada  X0border areas. q(a) * * * q(1) Table 1A lists the channels in the 806821/851866 MHz band that are available for assignment to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part. * * * q(2) * * * These channels will be assigned according to the policies defined in the  X 0Report and Order of Gen. Docket No. 87112 (See  90.16). * * * q(3) Tables 2A and 2B list the channels that are available for assignment to eligible applicants in the Industrial/Land Transportation Category (consisting of Power, Petroleum, Forest Products, Film and Video Production, Relay Press, Special Industrial, Manufacturers, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile Emergency licensees, as defined in  90.7). * * * q(4) * * * This category includes those entities eligible in the Industrial/Business Pool of subpart C of this part and does not include Special Mobilized Radio Systems as defined in  90.603(c). * * * 'l* * * * *?K q(b) * * * q(7) * * * q(iii) The Public Safety Category consists of those entities eligible in the Public Safety Pool of subpart B of this part. The Industrial/Land Transportation Category consists of Power, Petroleum, Forest Products, Film and Video Production, Relay Press, Special Industrial, Manufacturers, Telephone Maintenance, Motor Carrier, Railroad, Taxicab, and Automobile Emergency licensees (as defined in  90.7). The Business Radio Category consists of those entities eligible in the Industrial/Business Pool of Subpart C of this part. Specialized Mobile Radio Systems (SMRS) will not be authorized in any of the above"",+%+%\ \ #" mentioned categories, but only in the SMRS category to those applicants eligible under  90.603(c). 'l* * * * *?K  Xv0 q@65. Section 90.623 is amended by revising paragraph (b) to read as follows:  XH0q  90.623 Limitation on the number of frequencies assignable for conventional  X10systems. 'l* * * * *?K q(b) Where an applicant proposes to operate a conventional radio system to provide facilities for the use of a single person or entity eligible under subparts B or C of this part, the applicant may be assigned only the number of frequency pairs justified on the basis of the requirement of the proposed single user of the system. 'l* * * * *?K  X0 qA66. Section 90.625 is amended by revising paragraph (b) to read as follows:  X0q  90.625 Other criteria to be applied in assigning channels for use in  X0conventional systems of communication. 'l* * * * *?K q(b) Where an applicant proposes to furnish service to eligibles under subparts B or C of this part on a commercial basis using a conventional system of communication, the applicant will be considered on the same basis as that of an applicant for private or shared communication facilities. 'l* * * * *?K  X 0 qB67. Section 90.631 is amended by revising the first sentence of paragraphs (g) and (h) to read as follows:  X#0q  90.631 Trunked systems loading, construction, and authorization requirements. "#,+%+%\ \ $"Ԍ'l* * * * *?K q(g) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. * * * q(h) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. * * * 'l* * * * *?K  X 0 qC68. Section 90.633 is amended by revising the first sentence of paragraphs (f) and (g) to read as follows:  X 0q  90.633 Conventional systems loading requirements. 'l* * * * *?K q(f) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. * * * q(g) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. * * * 'l* * * * * ?K  Xe0 qD69. Section 90.645 is amended by revising paragraph (b) to read as follows:  X70q  90.645 Permissible operations. 'l* * * * *?K q(b) Only persons who are eligible for facilities, either under this subpart or in the radio service included under subparts B or C. 'l* * * * *?K"#,+%+%\ \ $"Ԍ X0ԙ qE70. Section 90.656 is amended by revising the first sentence of paragraph (a) to read as follows:  X0q  90.656 Responsibility of base station licensees of Specialized Mobile Radio  X0Systems. q(a) The licensees of base stations that provide Specialized Mobile Radio service on a commercial basis of the use of individuals, Federal government agencies, or persons eligible for licensing under either subparts B or C of this part will be responsible for exercising effective operational control over all mobile and control stations that communicate with the base station. * * * 'l* * * * *?K  X 0 qF71. Section 90.703 is amended by revising paragraphs (a), (b), and (c) to read as follows:  Xb0q  90.703 Eligibility. 'l* * * * *?K q(a) Any person eligible for licensing under subparts B or C of this part. q(b) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part, on a notforprofit, costshared basis. q(c) Any person eligible under this part proposing to provide on a commercial basis, station and ancillary facilities for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part.  X 0 qG72. Section 90.705 is revised to read as follows:  X0q  90.705 Forms to be used. qPhase II applications for EA, Regional, or Nationwide radio facilities under this subpart must be prepared in accordance with Section 90.1009 and 90.1013. Phase II applications for radio facilities operating on public safety/mutual aid channels (Channels 161 through 170) or emergency medical channels (Channels 181 through 185) under this subpart"# ,+%+%\ \ $" must be prepared on FCC Form 600 and submitted or filed in accordance with Section 90.127.  X0 qH73. Section 90.713 is amended by revising paragraph (e) to read as follows:  Xv0q  90.713 Entry Criteria. 'l* * * * *?K q(e) A Phase II applicant for authorization in a geographic area for Channels 166 through 170 in the public safety/mutual aid category may not have any interest in another pending application in the same geographic area for Channels 166 through 170 in the public safety/mutual aid category, and a Phase II applicant for authorization in a geographic area for channels in the emergency medical category may not have any interest in another pending application in the same geographic area for channels in the emergency medical category.  Xb0 qI74. Section 90.719 is amended by revising paragraph (c) to read as follows:  X40q  90.719 Individual channels available for assignment in the 220222 MHz band. 'l* * * * *?K q(c) Channels 181 through 185 are set aside in Phase II for emergency medical use for applicants that meet the eligibility criteria of  90.20(a)(1)(iii) or  90.20(a)(2)(xiii). 'l* * * * *?K  XN0 qJ75. Section 90.720 is revised to read as follows:  X 0q  90.720 Channels available for public safety/mutual aid. q(a) Part 90 licensees who meet the eligibility criteria of  90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), or 90.20(a)(2)(xiii) are authorized by this rule to use mobile and/or portable units on Channels 161-170 throughout the United States, its territories, and possessions to transmit: q(1) Communications relating to the immediate safety of life; "# ,+%+%\ \ $"Ԍq(2) Communications to facilitate interoperability among entities eligible under  90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), and 90.20(a)(2)(xiii); or q(3) Communications on behalf of and by members of organizations established for  X0disaster relief purposes having an emergency radio communications plan (i.e., licensees eligible under  90.20(a)(2)(vii)) for the transmission of communications relating to the safety of life or property, the establishment and maintenance of temporary relief facilities, and the alleviation of emergency conditions during periods of actual or impending emergency, or disaster, until substantially normal conditions are restored; for limited training exercises incidental to an emergency radio communications plan, and for necessary operational communications of the disaster relief organization or its chapter affiliates. q(b) Any Government entity and any nonGovernment entity eligible to obtain a license under  90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), or 90.20(a)(2)(xiii) is also eligible to obtain a license for base/mobile operations on Channels 161 through 170. Base/mobile or base/portable communications on these channels that do not relate to the immediate safety of life or to communications interoperability among the above specified entities, may only be conducted on a secondary non-interference basis to such communications.  X0 qK76. Section 90.723 is amended by revising paragraphs (a) and (c) to read as follows:  X0 q 90.723 Selection and assignment of frequencies. q(a) Phase II applications for frequencies in the 220-222 MHz band shall specify whether their intended use is for 10-channel nationwide systems, 10-channel EA systems, 15channel Regional systems, public safety/mutual aid use, or emergency medical use. Phase II applicants for frequencies for public safety/mutual aid use or emergency medical use shall specify the number of frequencies requested. All frequencies in this band will be assigned by the Commission. 'l* * * * *?K (c) Phase II applicants for public safety/mutual aid and emergency medical channels will be assigned only the number of channels justified to meet their requirements. 'l* * * * *?K"# ,+%+%\ \ $"Ԍ X0ԙ qL77. Section 90.733 is amended by revising paragraph (a)(2) to read as follows:  X0q  90.733 Permissible operations. q(a) * * * q(2) Only by persons who are eligible for facilities under either this subpart or in the pools included in subparts B or C of this part. 'l* * * * *?K  X 0 PART 101 FIXED MICROWAVE SERVICES  X 0qM78. The authority citation for part 101 continues to read as follows:  X0 qAUTHORITY: 47 U.S.C. Secs. 154, 303, unless otherwise noted.  XK0q N79. Section 101.69 is amended by revising paragraph (f) of to read as follows:  X0q  101.69 Transition of the 2.112.13, and 2.162.18 GHz bands from the Common Carrier PointtoPoint Fixed Microwave Services and the 1.851.99, 2.132.15, and 2.182.20 GHz bands from the private Operational Fixed PointtoPoint Microwave Service to  X0Emerging Technologies. 'l* * * * *?K q(f) Public safety facilities subject to the threeyear voluntary and twoyear mandatory negotiation periods, are those that the majority of communications carried are used for police, fire, or emergency medical services operations involving safety of life and property. The facilities within this exception are those facilities currently licensed on a primary basis that meet the definition of a Police licensee, a Fire Licensee, or an Emergency Medical Licensee as defined in  90.7 of this chapter, or meet the eligibility requirements of  90.20(a)(2), except for  90.20(a)(2)(ii). Licensees of other Part 101 facilities licensed on a primary basis under the eligibility requirements of part 90, subpart B of this chapter, are permitted to request similar treatment upon demonstration that the majority of the communications carried on those facilities are used for operations involving safety of life and property. "# ,+%+%\ \ $"Ԍ X0q O80. Section 101.147 is amended by revising the second sentence, footnote 1 of Table 1, and footnote 1 of Table 2 of paragraph (b)(1) and the first sentence of paragraph (b)(2) to read as follows:  X0q  101.147 Frequency assignments. 'l* * * * *?K q(b) * * * q(1) * * * Except as noted, however, the frequencies may be used by power licensees, as defined in  90.7 of this chapter, only if the frequencies in subparagraph (2) of this section are exhausted in the particular geographic area. * * * q/1/ Available to power licensees, as defined in  90.7 of this chapter, regardless of whether frequencies in the power pool are exhausted. 1* * *?K q/1/ Available to power licensees, as defined in  90.7 of this chapter, regardless of whether frequencies in the power pool are exhausted. q(2) Power Pool: Frequencies listed in this paragraph are available to persons defined as a Power licensee in  90.7 of this chapter for use in multiple address systems. * * * 'l* * * * *?K  X|0 qP81. Section 101.601 is revised to read as follows:  XN0  101.601 Eligibility qAny person, or any governmental entity or agency, eligible for licensing in a radio service or pool under parts 80, 87, or 90 of this chapter or any person proposing to provide communications service to such persons, governmental entities or agencies is eligible to hold a license under this subpart. " ,+%+%\ \ !"  X0 APP. F  APPENDIX F ? Cross Reference Table  X0? ?  X0>!҇ ` hp x (#/ <DL!Subpart B yPublic Safety Radio Services N   XH0N ^Present/ / New  X10Section/ / Section  X 0/ <DL!/ <DL!90.15/ / 90.15  X 090.16/ / 90.16  X 0nLocal Government Radio Service  X 0N ^90.17(a)/ / 90.20(a)(1)  X 090.17(b)/ / 90.20(c)  X090.17(c)/ / 90.20(d)  Xy090.17(c)(1)/ / 90.20(d)(5)  Xb090.17(c)(2)/ / Deleted.  XK090.17(c)(3)/ / 90.20(d)(14)  X4090.17(c)(4)/ / 90.20(d)(55)  X090.17(c)(5)/ / 90.20(d)(28)  X090.17(c)(6)/ / 90.20(d)(24)  X090.17(c)(7)/ / 90.20(d)(36)  X090.17(c)(8)/ / 90.20(d)(54)  X090.17(c)(9)/ / 90.20(d)(32)  X090.17(c)(10)/ / 90.20(d)(56)  X090.17(c)(11)/ / 90.20(d)(58)  X|090.17(c)(12)/ / Deleted.  Xe090.17(c)(13)/ / 90.20(d)(63)  XN090.17(c)(14)/ / 90.20(d)(68)  X7090.17(c)(15)/ / 90.20(d)(69)  X 090.17(c)(16)/ / 90.20(d)(70)  X 090.17(c)(17)/ / 90.20(d)(72)  X090.17(c)(18)/ / 90.20(d)(73)  X090.17(c)(19)/ / 90.20(d)(37)  X 090.17(c)(20)/ / 90.20(d)(33)  X!090.17(c)(21)/ / 90.20(d)(34)  X"090.17(c)(22)/ / 90.20(d)(35)  X#090.17(c)(23)/ / 90.20(d)(1)"#,+%+%\ \ $"Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  Xv0SectionhhSectionhx (#%'0*,.81/ <DL!  X_090.17(c)(24)kk90.20(d)(27)  XH090.17(c)(25)kk90.20(d)(6)  X1090.17(c)(26)kk90.20(d)(71)  X 090.17(c)(27)kk90.20(d)(48)  X 0/ <DL!/ <DL!90.17(c)(28)kk90.20(d)(44)  X 090.17(c)(29)kk90.20(d)(26)  X 090.17(c)(30)kk90.20(d)(57)  X 090.17(c)(31)kk90.20(d)(26)  X 090.17(d)kk90.20(e)  X090.17(d)(1)kk90.20(e)(1)  Xy090.17(d)(2)kkDeleted.  Xb090.17(d)(3)kk90.20(e)(2)  XK090.17(d)(4)kk90.20(e)(3)  X4090.17(d)(5)kk90.20(e)(4)  X090.17(e)kk90.20(f)  X090.17(e)(1)kk90.20(f)(1)  X090.17(e)(2)kk90.20(f)(2)  X090.17(e)(3)kk90.20(f)(3)  X090.17(e)(4)kk90.20(f)(4)  X03Police Radio Service  X|0R90.19(a)kk90.20(a)(1)  Xe090.19(b)kkDeleted.  XN090.19(c)kk90.20(b)  X7090.19(d)kk90.20(c)  X 090.19(e)kk90.20(d)  X 090.19(e)(1)kk90.20(d)(4)  X090.19(e)(2)kk90.20(d)(2)  X090.19(e)(3)kk90.20(d)(3)  X 090.19(e)(4)kk90.20(d)(55)  X!090.19(e)(5)kkDeleted.  X"090.19(e)(6)kkDeleted.  X#090.19(e)(7)kkDeleted.H#,+%+%\ \ $$h$+%+%\ \ HԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.19(e)(8)/ / Deleted.  X090.19(e)(9)/ / Deleted.  X090.19(e)(10)/ / 90.20(d)(14)  X090.19(e)(11)/ / 90.20(d)(15)  Xv090.19(e)(12)/ / 90.20(d)(16)  X_090.19(e)(13)/ / 90.20(d)(24)  XH090.19(e)(14)/ / 90.20(d)(41)  X1090.19(e)(15)/ / 90.20(d)(55)  X 0/ <DL!/ <DL!90.19(e)(16)/ / Deleted.  X 090.19(e)(17)/ / Deleted.  X 090.19(e)(18)/ / Deleted.  X 090.19(e)(19)/ / Deleted.  X 090.19(e)(20)/ / Deleted.  X 090.19(e)(21)/ / 90.20(d)(68)  X090.19(e)(22)/ / 90.20(d)(69)  Xy090.19(e)(23)/ / 90.20(d)(70)  Xb090.19(e)(24)/ / 90.20(d)(72)  XK090.19(e)(25)/ / 90.20(d)(73)  X4090.19(e)(26)/ / 90.20(d)(27)  X090.19(e)(27)/ / 90.20(d)(71)  X090.19(e)(28)/ / 90.20(d)(17)  X090.19(e)(29)/ / 90.20(d)(20)  X090.19(e)(30)/ / 90.20(d)(48)  X090.19(e)(31)/ / 90.20(d)(53)  X090.19(e)(32)/ / 90.20(d)(44)  X090.19(e)(33)/ / 90.20(d)(26)  X|090.19(e)(34)/ / 90.20(d)(57)  Xe090.19(e)(35)/ / 90.20(d)(26)  XN090.19(e)(36)/ / 90.20(d)(64)  X7090.19(f)/ / 90.20(e)  X 090.19(f)(1)/ / 90.20(e)(1)  X 090.19(f)(2)/ / Deleted.  X090.19(f)(3)/ / 90.20(e)(2)  X090.19(f)(4)/ / 90.20(e)(3)  X 090.19(f)(5)/ / 90.20(e)(5)  X!090.19(f)(6)/ / 90.20(e)(4)  X"090.19(f)(7)/ / 90.20(e)(6)  X#090.19(g)/ / 90.20(f)  Xh$090.19(g)(1)/ / 90.20(f)(1)  XQ%090.19(g)(2)/ / 90.20(f)(2)  X:&090.19(g)(3)/ / 90.20(f)(5)  X#'090.19(g)(4)/ / 90.20(f)(6)"#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.19(g)(5)kk90.20(f)(3)  X090.19(g)(6)kk90.20(f)(4)  X0Fire Radio Service  Xv0R90.21(a)kk90.20(a)(1) / <DL!/ <DL!kk90.20(a)(2)(i)  XH0/ <DL!/ <DL!90.21(b)kk90.20(c)  X1090.21(c)kk90.20(d)  X 0/ <DL!/ <DL!90.21(c)(1)kk90.20(d)(11)  X 090.21(c)(2)kk90.20(d)(19)  X 090.21(c)(3)kk90.20(d)(24)  X 090.21(c)(4)kk90.20(d)(28)  X 090.21(c)(5)kk90.20(d)(47)  X 090.21(c)(6)kk90.20(d)(56)  X090.21(c)(7)kkDeleted.  Xy090.21(c)(8)kkDeleted.  Xb090.21(c)(9)kk90.20(d)(68)  XK090.21(c)(10)kk90.20(d)(69)  X4090.21(c)(11)kk90.20(d)(70)  X090.21(c)(12)kk90.20(d)(72)  X090.21(c)(13)kk90.20(d)(73)  X090.21(c)(14)kk90.20(d)(48)  X090.21(c)(15)kk90.20(d)(71)  X090.21(c)(16)kk90.20(d)(27)  X090.21(c)(17)kk90.20(d)(55)  X090.21(c)(18)kk90.20(d)(31)  X|090.21(c)(19)kk90.20(d)(25)  Xe090.21(c)(20)kk90.20(d)(44)  XN090.21(c)(21)kk90.20(d)(26)  X7090.21(c)(22)kk90.20(d)(57)  X 090.21(c)(23)kk90.20(d)(26)  X 090.21(d)kk90.20(e)  X090.21(d)(1)kk90.20(e)(1)  X090.21(d)(2)kkDeleted  X 090.21(d)(3)kk90.20(e)(2)  X!090.21(d)(4)kk90.20(e)(3)  X"090.21(d)(5)kk90.20(e)(4)  X#090.21(e)kk90.20(f)  Xh$090.21(e)(1)kk90.20(f)(1)  XQ%090.21(e)(2)kk90.20(f)(11)  X:&090.21(e)(3)kk90.20(f)(3)  X#'090.21(e)(4)kk90.20(f)(4)H#',-(-(ZZP($ (II!-(-(ZZHԌ X0ԙb`Highway Maintenance Radio Service N ^  X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.23(a)/ / 90.20(a)(1)  X090.23(b)/ / 90.20(c)  Xv090.23(c)/ / 90.20(d)  X_090.23(c)(1)/ / Deleted.  XH090.23(c)(2)/ / 90.20(d)(21)  X1090.23(c)(3)/ / 90.20(d)(24)  X 0/ <DL!/ <DL!90.23(c)(4)/ / 90.20(d)(28)  X 090.23(c)(5)/ / 90.20(d)(43)  X 090.23(c)(6)/ / Deleted.  X 090.23(c)(7)/ / 90.20(d)(56)  X 090.23(c)(8)/ / Deleted.  X 090.23(c)(9)/ / 90.20(d)(68)  X090.23(c)(10)/ / 90.20(d)(69)  Xy090.23(c)(11)/ / 90.20(d)(70)  Xb090.23(c)(12)/ / 90.20(d)(72)  XK090.23(c)(13)/ / 90.20(d)(73)  X4090.23(c)(14)/ / 90.20(d)(42)  X090.23(c)(15)/ / 90.20(d)(48)  X090.23(c)(16)/ / 90.20(d)(71)  X090.23(c)(17)/ / 90.20(d)(22)  X090.23(c)(18)/ / 90.20(d)(27)  X090.23(c)(19)/ / 90.20(d)(55)  X090.23(c)(20)/ / 90.20(d)(44)  X090.23(c)(21)/ / 90.20(d)(26)  X|090.23(c)(22)/ / 90.20(d)(30)  Xe090.23(c)(23)/ / 90.20(d)(57)  XN090.23(c)(24)/ / 90.20(d)(26)  X7090.23(d)/ / 90.20(e)  X 090.23(d)(1)/ / Deleted.  X 090.23(d)(2)/ / 90.20(e)(3)  X090.23(d)(3)/ / 90.20(e)(2)  X090.23(d)(4)/ / 90.20(e)(4  X 090.23(e)/ / 90.20(f)  X!090.23(e)(1)/ / 90.20(f)(1)  X"090.23(e)(2)/ / 90.20(f)(3)  X#090.23(e)(3)/ / 90.20(f)(4)  XQ%0bmForestryConservation Radio Service  X:&0N ^90.25(a)/ / 90.20(a)(1) / <DL!/ <DL!/ / 90.20(a)(2)(ii)"#',-(-(ZZP("Ԍ X0/ <DL!/ <DL!/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.25(b)kk90.20(c)  X090.25(c)kk90.20(d)  X090.25(c)(1)kk90.20(d)(4)  X090.25(c)(2)kk90.20(d)(7)  Xv090.25(c)(3)kk90.20(d)(8)  X_090.25(c)(4)kk90.20(d)(9)  XH090.25(c)(5)kk90.20(d)(24)  X1090.25(c)(6)kk90.20(d)(28)  X 0/ <DL!/ <DL!90.25(c)(7)kk90.20(d)(7)  X 090.25(c)(8)kk90.20(d)(46)  X 090.25(c)(9)kk90.20(d)(49)  X 090.25(c)(10)kk90.20(d)(50)  X 090.25(c)(11)kk90.20(d)(51)  X 090.25(c)(12)kk90.20(d)(52)  X090.25(c)(13)kk90.20(d)(56)  Xy090.25(c)(14)kkDeleted.  Xb090.25(c)(15)kk90.20(d)(68)  XK090.25(c)(16)kk90.20(d)(69)  X4090.25(c)(17)kk90.20(d)(70)  X090.25(c)(18)kk90.20(d)(72)  X090.25(c)(19)kk90.20(d)(73)  X090.25(c)(20)kk90.20(d)(48)  X090.25(c)(21)kk90.20(d)(71)  X090.25(c)(22)kk90.20(d)(27)  X090.25(c)(23)kk90.20(d)(55)  X090.25(c)(24)kk90.20(d)(44)  X|090.25(c)(25)kk90.20(d)(26)  Xe090.25(c)(26)kk90.20(d)(30)  XN090.25(c)(27)kk90.20(d)(57)  X7090.25(c)(28)kk90.20(d)(26)  X 090.25(d)kk90.20(e)  X 090.25(d)(1)kk90.20(e)(1)  X090.25(d)(2)kkDeleted.  X090.25(d)(3)kk90.20(e)(2)  X 090.25(d)(4)kk90.20(e)(3)  X!090.25(d)(5)kk90.20(e)(4)  X"090.25(e)kk90.20(f)  X#090.25(e)(1)kk90.20(f)(1)  Xh$090.25(e)(2)kk90.20(f)(3)  XQ%090.25(e)(3)kk90.20(f)(4)  X:&090.25(f)kk90.20(f)(7) H#',-(-(ZZP($ (ssK-(-(ZZHԌ X0jEmergency Medical Radio Service N ^  X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.27(a)/ / 90.20(a)(1)(iii) / <DL!hx (#%'0*,.81, , 90.20(a)(2)(xiii)hx (#%'0*,.81/ <DL!  Xv090.27(b)/ / 90.20(c)  X_090.27(c)/ / 90.20(d)  XH090.27(c)(1)/ / 90.20(d)(24)  X1090.27(c)(2)/ / 90.20(d)(27)  X 090.27(c)(3)/ / 90.20(d)(38)  X 090.27(c)(4)/ / 90.20(d)(39)  X 090.27(c)(5)/ / 90.20(d)(40)  X 090.27(c)(6)/ / 90.20(d)(48)  X 090.27(c)(7)/ / 90.20(d)(56)  X 090.27(c)(8)/ / Deleted.  X090.27(c)(9)/ / 90.20(d)(59)  Xy090.27(c)(10)/ / Deleted.  Xb090.27(c)(11)/ / 90.20(d)(65)  XK090.27(c)(12)/ / Deleted.  X4090.27(c)(13)/ / 90.20(d)(66)  X090.27(c)(14)/ / 90.20(d)(68)  X090.27(c)(15)/ / 90.20(d)(69)  X090.27(c)(16)/ / 90.20(d)(70)  X090.27(c)(17)/ / 90.20(d)(72)  X090.27(c)(18)/ / 90.20(d)(73)  X090.27(c)(19)/ / 90.20(d)(60)  X090.27(c)(20)/ / 90.20(d)(67)  X|090.27(c)(21)/ / 90.20(d)(76)  Xe090.27(c)(22)/ / 90.20(d)(61)  XN090.27(c)(23)/ / 90.20(d)(74)  X7090.27(c)(24)/ / 90.20(d)(71)  X 090.27(c)(25)/ / 90.20(d)(55)  X 090.27(c)(26)/ / 90.20(d)(62)  X090.27(c)(27)/ / 90.20(d)(44)  X090.27(c)(28)/ / 90.20(d)(26)  X 090.27(c)(29)/ / 90.20(d)(26)  Subpart C  Xh$0mSpecial Emergency Radio Service  XQ%0N   X:&0N ^90.33/ / 90.15  X#'090.34/ / 90.16"#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.35kk90.20(a)(1)(iv) / <DL!/ <DL!kk90.20(a)(1)(v) kk90.20(a)(2)(iii)  X0/ <DL!/ <DL!90.37kk90.20(a)(2)(iv)  Xv090.38kk90.20(a)(2)(v)  X_090.39kk90.20(a)(2)(vi)  XH090.41kk90.20(a)(2)(vii)  X1090.43kk90.20(a)(2)(viii)  X 090.45kk90.20(a)(2)(ix)  X 090.47kk90.20(a)(2)(x)  X 090.49kk90.20(a)(2)(xi)  X 090.51kk90.20(a)(2)(xii)  X 090.53(a)kk90.20(c)  X 090.53(b)kk90.20(d)  X090.53(b)(1)kk90.20(d)(75)  Xy090.53(b)(2)kk90.20(d)(5)  Xb090.53(b)(3)kkDeleted.  XK090.53(b)(4)kk90.20(d)(13)  X4090.53(b)(5)kk90.20(d)(23)  X090.53(b)(6)kk90.20(d)(24)  X090.53(b)(7)kk90.20(d)(71)  X090.53(b)(8)kkDeleted.  X090.53(b)(9)kk90.20(d)(74)  X090.53(b)(10)kkDeleted.  X090.53(b)(11)kk90.20(d)(45)  X090.53(b)(12)kk90.20(d)(56)  X|090.53(b)(13)kkDeleted.  Xe090.53(b)(14)kkDeleted.  XN090.53(b)(15)kkDeleted.  X7090.53(b)(16)kkDeleted.  X 090.53(b)(17)kkDeleted.  X 090.53(b)(18)kkDeleted.  X090.53(b)(19)kkDeleted.  X090.53(b)(20)kkDeleted.  X 090.53(b)(21)kk90.20(d)(69)  X!090.53(b)(22)kk90.20(d)(70)  X"090.53(b)(23)kk90.20(d)(72)  X#090.53(b)(24)kk90.20(d)(73)  Xh$090.53(b)(25)kk90.20(d)(10)  XQ%090.53(b)(26)kk90.20(d)(60)  X:&090.53(b)(27)kk90.20(d)(12)  X#'090.53(b)(28)kk90.20(d)(18)H#',-(-(ZZP($ (u-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.53(b)(29)/ / Deleted.  X090.53(b)(30)/ / 90.20(d)(27)  X090.53(b)(31)/ / 90.20(d)(29)  X090.53(b)(32)/ / Deleted.  Xv090.53(b)(33)/ / 90.20(d)(48)  X_090.53(b)(34)/ / Deleted.  XH090.53(b)(35)/ / 90.20(d)(44)  X1090.53(b)(36)/ / 90.20(d)(26)  X 090.53(b)(37)/ / 90.20(d)(30)  X 090.53(b)(38)/ / 90.20(d)(57)  X 090.53(b)(39)/ / 90.20(d)(26)  X 090.53(c)/ / 90.20(e)  X 090.53(c)(1)/ / 90.20(e)(1)  X 090.53(c)(2)/ / Deleted.  X090.53(c)(3)/ / 90.20(e)(2)  Xy090.53(c)(4)/ / 90.20(e)(3)  Xb090.53(c)(5)/ / 90.20(e)(4)  XK090.53(d)/ / 90.20(f)  X4090.53(d)(1)/ / 90.20(f)(1)  X090.53(d)(2)/ / 90.20(f)(8)  X090.53(d)(3)/ / 90.20(f)(9)  X090.53(d)(4)/ / 90.20(f)(10)  X090.53(d)(5)/ / 90.20(f)(3)  X090.55/ / 90.22  X|0 Subpart D KIndustrial Radio Services  XN0N   X70N ^90.59/ / Deleted.  X 090.61/ / 90.33  X0Power Radio Service  X0N ^90.63(a)/ / Deleted.  X 090.63(b)/ / Deleted.  X!090.63(c)/ / 90.35(a)  X"090.63(d)/ / 90.35(b)  X#090.63(d)(1)/ / 90.35(b)(1)  Xh$090.63(d)(2)/ / 90.35(b)(17)  XQ%090.63(d)(3)/ / 90.35(b)(24)  X:&090.63(d)(4)/ / Deleted.  X#'090.63(d)(5)/ / Deleted."#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.63(d)(6)kk90.35(b)(43)  X090.63(d)(7)kk90.35(b)(39)  X090.63(d)(8)kkDeleted.  X090.63(d)(9)kkDeleted.  Xv090.63(d)(10)kk90.35(b)(55)  X_090.63(d)(11)kk90.35(b)(44)  XH090.63(d)(12)kk90.35(b)(54)  X1090.63(d)(13)kk90.35(b)(55)  X 090.63(d)(14)kk90.35(b)(57)  X 090.63(d)(15)kkDeleted.  X 090.63(d)(16)kk90.35(b)(70)  X 090.63(d)(17)kk90.35(b)(71)  X 090.63(d)(18)kk90.35(b)(72)  X 090.63(d)(19)kk90.35(b)(74)  X090.63(d)(20)kk90.35(b)(75)  Xy090.63(d)(21)kk90.35(b)(40)  Xb090.63(d)(22)kk90.35(b)(41)  XK090.63(d)(23)kk90.35(b)(42)  X4090.63(d)(24)kk90.35(b)(30)  X090.63(d)(25)kk90.35(b)(73)  X090.63(d)(26)kk90.35(b)(56)  X090.63(d)(27)kk90.35(b)(24) / <DL!/ <DL!kk90.35(b)(26) kk90.35(b)(77)  X0/ <DL!/ <DL!90.63(d)(28)kk90.35(b)(33)  X090.63(d)(29)kk90.35(b)(27)  X|090.63(d)(30)kkDeleted.  Xe090.63(d)(31)kk90.35(b)(27)  XN090.63(e)kk90.35(c)  X7090.63(e)(1)kk90.35(c)(1)  X 090.63(e)(2)kkDeleted.  X 090.63(e)(3)kk90.35(c)(2)  X090.63(e)(4)kkDeleted.  X090.63(e)(5)kk90.35(c)(3)  X 090.63(f)kk90.35(d)  X!090.63(f)(1)kk90.35(d)(1)  X"090.63(f)(2)kk90.35(d)(2)  X#090.63(f)(3)kk90.35(d)(3)  Xh$090.63(g)kk90.35(f)  X:&0xPetroleum Radio Service  X#'0R90.65(a)kkDeleted.H#',-(-(ZZP($ (-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.65(b)/ / 90.35(a)  X090.65(c)/ / 90.35(b)  X090.65(c)(1)/ / 90.35(b)(1)  X090.65(c)(2)/ / 90.35(b)(2)  Xv090.65(c)(3)/ / 90.35(b)(3)  X_090.65(c)(4)/ / 90.35(b)(4)  XH090.65(c)(5)/ / 90.35(b)(7)  X1090.65(c)(6)/ / 90.35(b)(8)  X 090.65(c)(7)/ / 90.35(b)(9)  X 090.65(c)(8)/ / Deleted.  X 090.65(c)(9)/ / 90.35(b)(15)  X 090.65(c)(10)/ / 90.35(b)  X 090.65(c)(11)/ / 90.35(b)(11)  X 090.65(c)(12)/ / Deleted.  X090.65(c)(13)/ / Deleted.  Xy090.65(c)(14)/ / Deleted.  Xb090.65(c)(15)/ / Deleted.  XK090.65(c)(16)/ / 90.35(b)(41)  X4090.65(c)(17)/ / 90.35(b)(56)  X090.65(c)(18)/ / 90.35(b)(39)  X090.65(c)(19)/ / 90.35(b)(46)  X090.65(c)(20)/ / Deleted.  X090.65(c)(21)/ / Deleted.  X090.65(c)(22)/ / 90.35(b)(49)  X090.65(c)(23)/ / 90.35(b)(53)  X090.65(c)(24)/ / 90.35(b)(40)  X|090.65(c)(25)/ / 90.35(b)(54)  Xe090.65(c)(26)/ / 90.35(b)(55)  XN090.65(c)(27)/ / 90.35(b)(57)  X7090.65(c)(28)/ / Deleted.  X 090.65(c)(29)/ / 90.35(b)(70)  X 090.65(c)(30)/ / 90.35(b)(71)  X090.65(c)(31)/ / 90.35(b)(72)  X090.65(c)(32)/ / 90.35(b)(74)  X 090.65(c)(33)/ / 90.35(b)(75)  X!090.65(c)(34)/ / 90.35(b)(42)  X"090.65(c)(35)/ / 90.35(b)(44)  X#090.65(c)(36)/ / Deleted.  Xh$090.65(c)(37)/ / Deleted.  XQ%090.65(c)(38)/ / Deleted.  X:&090.65(c)(39)/ / Deleted.  X#'090.65(c)(40)/ / Deleted."#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.65(c)(41)kk90.35(b)(30)  X090.65(c)(42)kk90.35(b)(73)  X090.65(c)(43)kk90.35(b)(24) / <DL!/ <DL!kk90.35(b)(26) kk90.35(b)(77)  X_0/ <DL!/ <DL!90.65(c)(44)kk90.35(b)(18)  XH090.65(c)(45)kk90.35(b)(27)  X1090.65(c)(46)kkDeleted.  X 090.65(c)(47)kk90.35(b)(33)  X 090.65(c)(48)kk90.35(b)(27)  X 090.65(d)kkDeleted.  X 090.65(d)(1)kk90.35(c)(1)  X 090.65(d)(2)kkDeleted.  X 090.65(d)(3)kk90.35(c)(2)  X090.65(d)(4)kkDeleted.  Xy090.65(d)(5)kk90.35(c)(3)  Xb090.65(e)kkDeleted.  XK090.65(d)(1)kk90.35(d)(1)  X4090.65(d)(2)kk90.35(d)(2)  X090.65(d)(3)kk90.35(d)(4)  X090.65(d)(4)kk90.35(d)(3)  X0hForest Products Radio Service  X0R90.67(a)kkDeleted.  X090.67(b)kk90.35(a)  X090.67(c)kk90.35(b)  X|090.67(c)(1)kk90.35(b)(5)  Xe090.67(c)(2)kkDeleted.  XN090.67(c)(3)kkDeleted.  X7090.67(c)(4)kk90.35(b)(22)  X 090.67(c)(5)kk90.35(b)(37)  X 090.67(c)(6)kkDeleted.  X090.67(c)(7)kkDeleted.  X090.67(c)(8)kkDeleted.  X 090.67(c)(9)kk90.35(b)(45)  X!090.67(c)(10)kkDeleted.  X"090.67(c)(11)kkDeleted.  X#090.67(c)(12)kk90.35(b)(53)  Xh$090.67(c)(13)kk90.35(b)(40)  XQ%090.67(c)(14)kk90.35(b)(39)  X:&090.67(c)(15)kk90.35(b)(54)  X#'090.67(c)(16)kk90.35(b)(55)H#',-(-(ZZP($ (-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.67(c)(17)/ / 90.35(b)(57)  X090.67(c)(18)/ / Deleted.  X090.67(c)(19)/ / 90.35(b)(70)  X090.67(c)(20)/ / 90.35(b)(71)  Xv090.67(c)(21)/ / 90.35(b)(72)  X_090.67(c)(22)/ / 90.35(b)(74)  XH090.67(c)(23)/ / 90.35(b)(75)  X1090.67(c)(24)/ / 90.35(b)(44)  X 090.67(c)(25)/ / 90.35(b)(41)  X 090.67(c)(26)/ / Deleted.  X 090.67(c)(27)/ / 90.35(b)(42)  X 090.67(c)(28)/ / Deleted.  X 090.67(c)(29)/ / Deleted.  X 090.67(c)(30)/ / Deleted.  X090.67(c)(31)/ / Deleted.  Xy090.67(c)(32)/ / Deleted.  Xb090.67(c)(33)/ / Deleted.  XK090.67(c)(34)/ / 90.35(b)(13) / <DL!/ <DL!/ / 90.35(b)(24) / / 90.35(b)(77)  X0/ <DL!/ <DL!90.67(c)(35)/ / 90.35(b)(73)  X090.67(c)(36)/ / 90.35(b)(30)  X090.67(c)(37)/ / 90.35(b)(56)  X090.67(c)(38)/ / 90.35(b)(18)  X090.67(c)(39)/ / 90.35(b)(27)  X090.67(c)(40)/ / 90.35(b)(29)  X|090.67(c)(41)/ / Deleted.  Xe090.67(c)(42)/ / 90.35(b)(33)  XN090.67(c)(43)/ / 90.35(b)(27)  X7090.67(d)/ / 90.35(c)  X 090.67(d)(1)/ / 90.35(c)(1)  X 090.67(d)(2)/ / Deleted.  X090.67(d)(3)/ / 90.35(c)(2)  X090.67(d)(4)/ / 90.35(c)(3)  X 090.67(e)/ / 90.35(d)  X!090.67(e)(1)/ / 90.35(d)(1)  X"090.67(e)(2)/ / 90.35(d)(2)  X#090.67(e)(3)/ / 90.35(d)(3)  XQ%0mFilm and Video Production Radio  X:&0" Service  X#'0N ^90.69(a)/ / Deleted."#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.69(b)kk90.35(a)  X090.69(c)kk90.35(b)  X090.69(c)(1)kk90.35(b)(5)  X090.69(c)(2)kk90.35(b)(22)  Xv090.69(c)(3)kkDeleted.  X_090.69(c)(4)kkDeleted.  XH090.69(c)(5)kk90.35(b)(71)  X1090.69(c)(6)kk90.35(b)(72)  X 090.69(c)(7)kk90.35(b)(55)  X 090.69(c)(8)kk90.35(b)(74)  X 090.69(c)(9)kk90.35(b)(75)  X 090.69(c)(10)kk90.35(b)(73)  X 090.69(c)(11)kk90.35(b)(53)  X 090.69(c)(12)kk90.35(b)(30)  X090.69(c)(13)kk90.35(b)(56)  Xy090.69(c)(14)kk90.35(b)(33)  Xb090.69(c)(15)kk90.35(b)(27)  XK090.69(c)(16)kk90.35(b)(27)  X4090.69(d)kk90.35(c)  X090.69(d)(1)kk90.35(c)(1)  X090.69(d)(2)kkDeleted.  X090.69(d)(3)kk90.35(c)(2)  X090.69(d)(4)kk90.35(c)(3)  X090.69(e)kk90.35(d)  X090.69(e)(1)kk90.35(d)(1)  X090.69(e)(2)kk90.35(d)(2)  X|090.69(e)(3)kk90.35(d)(3)  XN0tRRelay Press Radio Service  X70R90.71(a)kkDeleted.  X 090.71(b)kk90.35(a)  X 090.71(c)kk90.35(b)  X090.71(c)(1)kk90.35(b)(22)  X090.71(c)(2)kkDeleted.  X 090.71(c)(3)kk90.35(b)(71)  X!090.71(c)(4)kk90.35(b)(72)  X"090.71(c)(5)kk90.35(b)(55)  X#090.71(c)(6)kk90.35(b)(74)  Xh$090.71(c)(7)kk90.35(b)(75)  XQ%090.71(c)(8)kk90.35(b)(53)  X:&090.71(c)(9)kk90.35(b)(73)  X#'090.71(c)(10)kk90.35(b)(56)H#',-(-(ZZP($ (-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.71(c)(11)/ / 90.35(b)(57)  X090.71(c)(12)/ / 90.35(b)(30)  X090.71(c)(13)/ / 90.35(b)(33)  X090.71(c)(14)/ / 90.35(b)(27)  Xv090.71(c)(15)/ / 90.35(b)  X_090.71(d)/ / 90.35(c)  XH090.71(d)(1)/ / Deleted.  X1090.71(d)(2)/ / 90.35(c)(2)  X 090.71(d)(3)/ / 90.35(c)(3)  X 090.71(e)/ / 90.35(d)  X 090.71(e)(1)/ / 90.35(d)(1)  X 090.71(e)(2)/ / 90.35(d)(2)  X 090.71(e)(3)/ / 90.35(d)(3)  X0q*Special Industrial Radio Service  Xy0N ^90.73(a)/ / Deleted.  Xb090.73(b)/ / Deleted.  XK090.73(c)/ / 90.35(a)  X4090.73(d)/ / 90.35(b)  X090.73(d)(1)/ / 90.35(b)(1)  X090.73(d)(2)/ / Deleted.  X090.73(d)(3)/ / 90.35(b)(11)  X090.73(d)(4)/ / 90.35(b)(17)  X090.73(d)(5)/ / Deleted.  X090.73(d)(6)/ / 90.35(b)(22)  X090.73(d)(7)/ / 90.35(b)(13) / <DL!/ <DL!/ / 90.35(b)(24) / / 90.35(b)(77)  XN0/ <DL!/ <DL!90.73(d)(8)/ / 90.35(b)(32)  X7090.73(d)(9)/ / 90.35(b)(37)  X 090.73(d)(10)/ / Deleted.  X 090.73(d)(11)/ / Deleted.  X090.73(d)(12)/ / 90.35(b)(41)  X090.73(d)(13)/ / 90.35(b)(39)  X 090.73(d)(14)/ / 90.35(b)(53)  X!090.73(d)(15)/ / 90.35(b)(40)  X"090.73(d)(16)/ / 90.35(b)(54)  X#090.73(d)(17)/ / 90.35(b)(55)  Xh$090.73(d)(18)/ / 90.35(b)(57)  XQ%090.73(d)(19)/ / 90.35(b)(58)  X:&090.73(d)(20)/ / 90.35(b)(70)  X#'090.73(d)(21)/ / 90.35(b)(71)"#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.73(d)(22)kk90.35(b)(72)  X090.73(d)(23)kk90.35(b)(74)  X090.73(d)(24)kk90.35(b)(75)  X090.73(d)(25)kk90.35(b)(42)  Xv090.73(d)(26)kkDeleted.  X_090.73(d)(27)kk90.35(b)(44)  XH090.73(d)(28)kkDeleted.  X1090.73(d)(29)kkDeleted.  X 090.73(d)(30)kkDeleted.  X 090.73(d)(31)kkDeleted.  X 090.73(d)(32)kkDeleted.  X 090.73(d)(33)kkDeleted.  X 090.73(d)(34)kkDeleted.  X 090.73(d)(35)kk90.35(b)(30)  X090.73(d)(36)kk90.35(b)(73)  Xy090.73(d)(37)kk90.35(b)(56)  Xb090.73(d)(38)kk90.35(b)(33)  XK090.73(d)(39)kk90.35(b)(27)  X4090.73(d)(40)kk90.35(b)(29)  X090.73(d)(41)kkDeleted.  X090.73(d)(42)kk90.35(b)(27)  X090.73(e)kk90.35(c)  X090.73(e)(1)kk90.35(c)(1)  X090.73(e)(2)kkDeleted.  X090.73(e)(3)kk90.35(c)(2)  X090.73(e)(4)kk90.35(c)(4)  X|090.73(e)(5)kkDeleted.  Xe090.73(e)(6)kk90.35(c)(3)  XN090.73(f)kk90.35(d)  X7090.73(f)(1)kk90.35(d)(1)  X 090.73(f)(2)kk90.35(d)(2)  X 090.73(f)(3)kk90.35(d)(5)  X090.73(f)(4)kk90.35(d)(3)  X090.73(f)(5)kk90.35(d)(6)  X 090.73(g)kk90.35(e)  X"0zBusiness Radio Service  X#0R90.75(a)kk90.35(a)  Xh$090.75(b)kk90.35(a)  XQ%090.75(c)kk90.35(b)  X:&090.75(c)(1)kkDeleted.  X#'090.75(c)(2)kkDeleted.H#',-(-(ZZP($ (EE-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.75(c)(3)/ / 90.35(b)(10)  X090.75(c)(4)/ / 90.35(b)(11)  X090.75(c)(5)/ / 90.35(b)(13)  X090.75(c)(6)/ / 90.35(b)(14)  Xv090.75(c)(7)/ / 90.35(b)(22)  X_090.75(c)(8)/ / 90.35(b)(28) / <DL!/ <DL!/ / 90.35(b)(31)  X10/ <DL!/ <DL!90.75(c)(9)/ / Deleted.  X 090.75(c)(10)/ / 90.35(b)(28) / <DL!/ <DL!/ / 90.35(b)(36)  X 0/ <DL!/ <DL!90.75(c)(11)/ / 90.35(b)(37)  X 090.75(c)(12)/ / 90.35(b)(28) / <DL!/ <DL!/ / 90.35(b)(38)  X 0/ <DL!/ <DL!90.75(c)(13)/ / 90.35(b)(35)  X090.75(c)(14)/ / 90.35(b)(47)  Xy090.75(c)(15)/ / 90.35(b)(48)  Xb090.75(c)(16)/ / 90.35(b)(49)  XK090.75(c)(17)/ / 90.35(b)(53)  X4090.75(c)(18)/ / 90.35(b)(40)  X090.75(c)(19)/ / 90.35(b)(39)  X090.75(c)(20)/ / Deleted.  X090.75(c)(21)/ / 90.35(b)(55)  X090.75(c)(22)/ / 90.35(b)(12)  X090.75(c)(23)/ / 90.35(b)(60)  X090.75(c)(24)/ / 90.35(b)(30)  X090.75(c)(25)/ / 90.35(b)(61)  X|090.75(c)(26)/ / 90.35(b)(62)  Xe090.75(c)(27)/ / 90.35(b)(63)  XN090.75(c)(28)/ / 90.35(b)(66)  X7090.75(c)(29)/ / Deleted.  X 090.75(c)(30)/ / 90.35(b)(34)  X 090.75(c)(31)/ / 90.35(b)(68)  X090.75(c)(32)/ / 90.35(b)(70)  X090.75(c)(33)/ / 90.35(b)(71)  X 090.75(c)(34)/ / 90.35(b)(72)  X!090.75(c)(35)/ / Deleted.  X"090.75(c)(36)/ / 90.35(b)(42)  X#090.75(c)(37)/ / Deleted.  Xh$090.75(c)(38)/ / Deleted.  XQ%090.75(c)(39)/ / 90.35(b)(64)  X:&090.75(c)(40)/ / 90.35(b)(65)  X#'090.75(c)(41)/ / Deleted."#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.75(c)(42)kk90.35(b)(73)  X090.75(c)(43)kk90.35(b)(74)  X090.75(c)(44)kk90.35(b)(56)  X090.75(c)(45)kk90.35(b)(24) / <DL!/ <DL!kk90.35(b)(26) kk90.35(b)(77)  XH0/ <DL!/ <DL!90.75(c)(46)kk90.35(b)(33)  X1090.75(c)(47)kk90.35(b)(30)  X 090.75(c)(48)kk90.35(b)(27)  X 090.75(c)(49)kk90.35(b)(29)  X 090.75(c)(50)kkDeleted.  X 090.75(c)(51)kk90.35(b)(14)  X 090.75(c)(52)kk90.35(b)(67)  X 090.75(c)(53)kk90.35(b)(69)  X090.75(c)(54)kk90.35(b)(27)  Xy090.75(c)(55)kk90.35(b)(29)  Xb090.75(d)kk90.35(c)  XK090.75(d)(1)kkDeleted.  X4090.75(d)(2)kk90.35(c)(2)  X090.75(d)(3)kkDeleted.  X090.75(d)(4)kk90.35(c)(5)  X090.75(d)(5)kk90.35(c)(3)  X090.75(e)kk90.35(d)  X090.75(e)(1)kk90.35(d)(1)  X090.75(e)(2)kk90.35(d)(2)  X090.75(e)(3)kk90.35(d)(7)  X|090.75(e)(4)kk90.35(d)(3)  Xe090.75(f)kk90.35(e)  X70kManufacturers Radio Service  X 0R90.79(a)kkDeleted.  X 090.79(b)kkDeleted.  X090.79(c)kk90.35(a)  X090.79(d)kk90.35(b)  X 090.79(d)(1)kk90.35(b)(23)  X!090.79(d)(2)kk90.35(b)(24)  X"090.79(d)(3)kk90.35(b)(25)  X#090.79(d)(4)kk90.35(b)(24) / <DL!/ <DL!kk90.35(b)(77)  XQ%0/ <DL!/ <DL!90.79(d)(5)kkDeleted.  X:&090.79(d)(6)kk90.35(b)(39)  X#'090.79(d)(7)kk90.35(b)(44)H#',-(-(ZZP($ (ooG-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.79(d)(8)/ / 90.35(b)(54)  X090.79(d)(9)/ / 90.35(b)(40)  X090.79(d)(10)/ / 90.35(b)(41)  X090.79(d)(11)/ / 90.35(b)(55)  Xv090.79(d)(12)/ / 90.35(b)(57)  X_090.79(d)(13)/ / Deleted.  XH090.79(d)(14)/ / 90.35(b)(70)  X1090.79(d)(15)/ / 90.35(b)(71)  X 090.79(d)(16)/ / 90.35(b)(72)  X 090.79(d)(17)/ / 90.35(b)(74)  X 090.79(d)(18)/ / 90.35(b)(75)  X 090.79(d)(19)/ / 90.35(b)(42)  X 090.79(d)(20)/ / Deleted.  X 090.79(d)(21)/ / Deleted.  X090.79(d)(22)/ / Deleted.  Xy090.79(d)(23)/ / 90.35(b)(30)  Xb090.79(d)(24)/ / 90.35(b)(73)  XK090.79(d)(25)/ / 90.35(b)(22)  X4090.79(d)(26)/ / 90.35(b)(53)  X090.79(d)(27)/ / 90.35(b)(56)  X090.79(d)(28)/ / 90.35(b)(26) / <DL!/ <DL!/ / 90.35(b)(77)  X0/ <DL!/ <DL!90.79(d)(29)/ / 90.35(b)(33)  X090.79(d)(30)/ / 90.35(b)(27)  X090.79(d)(31)/ / Deleted.  X090.79(d)(32)/ / 90.35(b)(27)  X|090.79(e)/ / 90.35(c)  Xe090.79(e)(1)/ / 90.35(c)(1)  XN090.79(e)(2)/ / Deleted.  X7090.79(e)(3)/ / 90.35(c)(2)  X 090.79(e)(4)/ / 90.35(c)(3)  X 090.79(f)/ / 90.35(d)  X090.79(f)(1)/ / 90.35(d)(1)  X090.79(f)(2)/ / 90.35(d)(2)  X 090.79(f)(3)/ / 90.35(d)(3)  X"0^(Telephone Maintenance Radio Service  X#0N ^90.81(a)/ / Deleted.  Xh$090.81(b)/ / Deleted.  XQ%090.81(c)/ / 90.35(a)  X:&090.81(d)/ / 90.35(b)  X#'090.81(d)(1)/ / 90.35(b)(56)"#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.81(d)(2)kk90.35(b)(55)  X090.81(d)(3)kk90.35(b)(57)  X090.81(d)(4)kkDeleted.  X090.81(d)(5)kkDeleted.  Xv090.81(d)(6)kk90.35(b)(70)  X_090.81(d)(7)kk90.35(b)(71)  XH090.81(d)(8)kk90.35(b)(72)  X1090.81(d)(9)kk90.35(b)(74)  X 090.81(d)(10)kk90.35(b)(75)  X 090.81(d)(11)kk90.35(b)(30)  X 090.81(d)(12)kk90.35(b)(73)  X 090.81(d)(13)kk90.35(b)(22)  X 090.81(d)(14)kk90.35(b)(1)  X 090.81(d)(15)kk90.35(b)(53)  X090.81(d)(16)kk90.35(b)(33)  Xy090.81(d)(17)kk90.35(b)(27)  Xb090.81(d)(18)kkDeleted.  XK090.81(d)(19)kk90.35(b)(27)  X4090.81(e)kk90.35(c)  X090.81(e)(1)kkDeleted.  X090.81(e)(2)kk90.35(c)(2)  X090.81(e)(3)kk90.35(c)(3)  X090.81(f)kk90.35(d)  X090.81(f)(1)kk90.35(d)(1)  X090.81(f)(2)kk90.35(d)(2)  X090.81(f)(3)kk90.35(d)(3)  XN0Subpart E  X70YLand Transportation Radio Services R  X 090.85kkDeleted.  X090.87kk90.33  X 0oMotor Carrier Radio Service  X!0R90.89(a)kkDeleted.  X"090.89(b)kk90.35(a)  X#090.89(c)kk90.35(b)  Xh$090.89(c)(1)kkDeleted.  XQ%090.89(c)(2)kkDeleted.  X:&090.89(c)(3)kk90.35(b)(13)  X#'090.89(c)(4)kkDeleted.H#',-(-(ZZP($ (q-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.89(c)(5)/ / Deleted.  X090.89(c)(6)/ / 90.35(b)(19)  X090.89(c)(7)/ / 90.35(b)(22)  X090.89(c)(8)/ / Deleted.  Xv090.89(c)(9)/ / 90.35(b)(57)  X_090.89(c)(10)/ / Deleted.  XH090.89(c)(11)/ / 90.35(b)(70)  X1090.89(c)(12)/ / 90.35(b)(71)  X 090.89(c)(13)/ / 90.35(b)(72)  X 090.89(c)(14)/ / 90.35(b)(55)  X 090.89(c)(15)/ / 90.35(b)(74)  X 090.89(c)(16)/ / 90.35(b)(75)  X 090.89(c)(17)/ / 90.35(b)(53)  X 090.89(c)(18)/ / 90.35(b)(73)  X090.89(c)(19)/ / 90.35(b)(20)  Xy090.89(c)(20)/ / 90.35(b)(21)  Xb090.89(c)(21)/ / 90.35(b)(30)  XK090.89(c)(22)/ / 90.35(b)(56)  X4090.89(c)(23)/ / 90.35(b)(18)  X090.89(c)(24)/ / 90.35(b)(27)  X090.89(c)(25)/ / Deleted.  X090.89(c)(26)/ / 90.35(b)(33)  X090.89(c)(27)/ / 90.35(b)(27)  X090.89(d)/ / 90.35(c)  X090.89(d)(1)/ / Deleted.  X090.89(d)(2)/ / 90.35(c)(2)  X|090.89(d)(3)/ / 90.35(c)(6)  Xe090.89(d)(4)/ / 90.35(c)(3)  XN090.89(e)/ / 90.35(d)  X7090.89(e)(1)/ / 90.35(d)(1)  X 090.89(e)(2)/ / 90.35(d)(3)  X0Railroad Radio Service  X0N ^90.91(a)/ / Deleted.  X 090.91(b)/ / 90.35(a)  X!090.91(c)/ / 90.35(b)  X"090.91(c)(1)/ / 90.35(b)(22)  X#090.91(c)(2)/ / 90.35(b)(13) / <DL!/ <DL!/ / 90.35(b)(77)  XQ%0/ <DL!/ <DL!90.91(c)(3)/ / Deleted.  X:&090.91(c)(4)/ / 90.35(b)(50)  X#'090.91(c)(5)/ / 90.35(b)(52)"#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.91(c)(6)kk90.35(b)(51)  X090.91(c)(7)kk90.35(b)(52)  X090.91(c)(8)kk90.35(b)(53)  X090.91(c)(9)kk90.35(b)(57)  Xv090.91(c)(10)kkDeleted.  X_090.91(c)(11)kk90.35(b)(59)  XH090.91(c)(12)kk90.35(b)(70)  X1090.91(c)(13)kk90.35(b)(71)  X 090.91(c)(14)kk90.35(b)(72)  X 090.91(c)(15)kk90.35(b)(55)  X 090.91(c)(16)kk90.35(b)(74)  X 090.91(c)(17)kk90.35(b)(75)  X 090.91(c)(18)kk90.35(b)(30)  X 090.91(c)(19)kk90.35(b)(73)  X090.91(c)(20)kk90.35(b)(56)  Xy090.91(c)(21)kk90.35(b)(13) / <DL!/ <DL!kk90.35(b)(24) kk90.35(b)(77)  X40/ <DL!/ <DL!90.91(c)(22)kk90.35(b)(33)  X090.91(c)(23)kk90.35(b)(27)  X090.91(c)(24)kkDeleted.  X090.91(c)(25)kk90.35(b)(27)  X090.91(d)kk90.35(c)  X090.91(d)(1)kkDeleted.  X090.91(d)(2)kk90.35(c)(2)  X090.91(d)(3)kkDeleted.  X|090.91(d)(4)kkDeleted.  Xe090.91(d)(5)kk90.35(c)(6)  XN090.91(d)(6)kk90.35(c)(3)  X7090.91(e)kk90.35(d)  X 090.91(e)(1)kk90.35(d)(1)  X 090.91(e)(2)kk90.35(d)(3)  X0~Taxicab Radio Service  X 0R90.93(a)kkDeleted.  X!090.93(b)kk90.35(a)  X"090.93(c)kk90.35(b)  X#090.93(c)(1)kkDeleted.  Xh$090.93(c)(2)kkDeleted.  XQ%090.93(c)(3)kk90.35(b)(57)  X:&090.93(c)(4)kk90.35(b)(70)  X#'090.93(c)(5)kk90.35(b)(71)H#',-(-(ZZP($ (-(-(ZZHԌ X0/ <DL!hx (#%'0*,.81Present, , New  X0Section, , Sectionhx (#%'0*,.81/ <DL!  X090.93(c)(6)/ / 90.35(b)(72)  X090.93(c)(7)/ / 90.35(b)(55)  X090.93(c)(8)/ / 90.35(b)(74)  X090.93(c)(9)/ / 90.35(b)(75)  Xv090.93(c)(10)/ / 90.35(b)(6)  X_090.93(c)(11)/ / Deleted.  XH090.93(c)(12)/ / 90.35(b)(53)  X1090.93(c)(13)/ / 90.35(b)(73)  X 090.93(c)(14)/ / 90.35(b)(22)  X 090.93(c)(15)/ / 90.35(b)(30)  X 090.93(c)(16)/ / 90.35(b)(56)  X 090.93(c)(17)/ / 90.35(b)(33)  X 090.93(c)(18)/ / 90.35(b)(27)  X 090.93(c)(19)/ / Deleted.  X090.93(c)(20)/ / 90.35(b)(27)  Xy090.93(d)/ / 90.35(d)  Xb090.93(d)(1)/ / Deleted.  XK090.93(d)(2)/ / 90.35(d)(3)  X4090.93(d)(3)/ / 90.35(c)(6)  X090.93(e)/ / 90.35(c)(3)  X0`*Automobile Emergency Radio Service  X0N ^90.95(a)/ / Deleted.  X090.95(b)/ / Deleted.  X090.95(c)/ / 90.35(a)  X090.95(d)/ / 90.35(b)  X|090.95(d)(1)/ / Deleted.  Xe090.95(d)(2)/ / Deleted.  XN090.95(d)(3)/ / Deleted.  X7090.95(d)(4)/ / Deleted.  X 090.95(d)(5)/ / 90.35(b)(12)  X 090.95(d)(6)/ / Deleted.  X090.95(d)(7)/ / 90.35(b)(57)  X090.95(d)(8)/ / Deleted.  X 090.95(d)(9)/ / 90.35(b)(70)  X!090.95(d)(10)/ / 90.35(b)(71)  X"090.95(d)(11)/ / 90.35(b)(72)  X#090.95(d)(12)/ / 90.35(b)(55)  Xh$090.95(d)(13)/ / 90.35(b)(74)  XQ%090.95(d)(14)/ / 90.35(b)(75)  X:&090.95(d)(15)/ / 90.35(b)(73)  X#'090.95(d)(16)/ / 90.35(b)(22)"#',-(-(ZZP("Ԍ X0/ <DL!hx (#%'0*,.81PresenthhNew  X0SectionhhSectionhx (#%'0*,.81/ <DL!  X090.95(d)(17)kk90.35(b)(53)  X090.95(d)(18)kk90.35(b)(30)  X090.95(d)(19)kk90.35(b)(56)  X090.95(d)(20)kk90.35(b)(33)  Xv090.95(d)(21)kk90.35(b)(27)  X_090.95(d)(22)kk90.35(b)(29)  XH090.95(d)(23)kkDeleted.  X1090.95(d)(24)kk90.35(b)(27)  X 090.95(e)kk90.35(d)  X 090.95(e)(1)kkDeleted.  X 090.95(e)(2)kk90.35(d)(3)  X 090.95(e)(3)kk90.35(c)(6)  X 090.95(f)kk90.35(c)(3)