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We agree with Teligent that there could be potential interference to  xDEMS operations. We do not agree with SWS, L.C.'s opposition argument, referenced above, that  xmotorists would become confused if their existing radar detectors were triggered by such transmissions  xand would, therefore, lose confidence in the SWS. This statement appears contrary to SWS, L.C.'s claim  xthat because SWS transmissions can be received by these same radar detectors, such alerting would make  y_8( xthose motorists with older radar detectors aware of the presence of some type of traffic hazard.,X8 nZp( x(ԍ See para. 8 and n.24, supra. Additionally, in its Reply Comments at 910, SWS, L.C. reiterates this position  xby stating that studies have demonstrated that activation of a radar detector by a "drone" transmitter caused motorists to reduce speed and become more aware of the traffic situation around them. Further,  xas IMSA/IAFC point out, other means of traffic light control that use optical emitters and audible detectors  y_( xpare already in use.E-  nZ*"(ԍ Comments of IMSA/IAFC at 5.E Finally, we recently have proposed the Dedicated Short Range Communications  x System of the ITS to implement traffic control, transit vehicle signal priority, and emergency vehicle  y_l( xtraffic signal preemption systems.R.lH  nZT%(ԍ See DSRC Notice, Appendix B.R We, therefore, decline to adopt our proposal to permit use of the 24.2024.25 GHz band for the transmission of traffic light control signals. ".,l(l(,,`"Ԍ y_( RM8584 800 and 900 MHz Loading, Reporting, and Construction Requirements  y_(  20. We did not make specific proposals in the Notice regarding loading and reporting  xBrequirements for 800 and 900 MHz licenses. However, to foster consistency in our Rules, we proposed  y_4( xVin the Notice to extend the construction period the time in which a system must be placed in operation  y_( xԩ for all conventional 800 and 900 MHz systems from eight months to twelve months.|/X nZi( xԍ Section 90.631(e) of our Rules currently requires that a trunked system be constructed within twelve months,  xand Section 90.633(c) requires that a conventional system be placed in operation within eight months of the license  nZ(grant. See 47 C.F.R.  90.631(e) and 90.633(c).| Comments in  xsupport of our proposal were received from PCIA and the Industrial Telecommunications Association  xL("ITA"). PCIA states that there is no rational basis for subjecting nonSMR conventional systems to the  y_h( xshorter construction period requirement, and that our proposal would make the Rules consistent for all  y_5( x800 MHz and 900 MHz systems.@05 nZ (ԍ Comments of PCIA at 2.@ ITA expresses similar support.?15x nZM(ԍ Comments of ITA at 6.? In view of the support for our  y_( xproposal, we are, for the reasons we advanced in the Notice, amending Sections 90.633(c) and (d) of our  xRules, 47 C.F.R.  90.633(c) and (d), to permit a oneyear construction period for all 800 and 900 MHz conventional systems.  y_ ( III. CONCLUSION ă  y_ (  21. In this Report and Order, we adopt rule changes that will reduce the regulatory burden on  xVlicensees by eliminating certain frequency coordination requirements and conforming construction period  xtimes for systems operating in the 800 and 900 MHz bands. We also permit public safety and railroad  xlicensees to utilize the frequency 24.1 GHz for the transmission of traffic safety alerting signals so that  xmotorists with appropriate receivers can be given warning of impending traffic hazards, weather  x~conditions, and the presence of nearby emergency vehicles. We believe this action will further the public  xinterest by enabling licensees to improve radio system efficiencies at less cost and without imposing an additional licensing burden on either licensees or the Commission.  y_(t IV. PROCEDURAL MATTERS ă  y_9( Final Regulatory Flexibility Analysis  y_( 22. A Final Regulatory Flexibility Analysis has been prepared and is included in Appendix B.  y_m( Alternative Formats  y_(  23. Alternative formats (computer diskette, large print, audio cassette and Braille) are available  x$to persons with disabilities by contacting Martha Contee at (202) 4180260, TTY (202) 4182555, or at  y_(mcontee@fcc.gov. This Report and Order can also be downloaded at http://www.fcc.gov/dtf/.  y_;( " 1,l(l(,,|"Ԍ y_(Ordering Clauses  y_(  24. Accordingly, IT IS ORDERED that, pursuant to the authority of Sections 4(i), 303(r), and  x8332(a)(2) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 303(r), and 332(a)(2),  x2Part 90 of the Commission's Rules, 47 C.F.R. Part 90 IS AMENDED as set forth in the attached Appendix C.  y_(  @25. IT IS FURTHER ORDERED that the rule changes adopted herein will become effective [thirty days after publication in the Federal Register].  y_(  626. IT IS FURTHER ORDERED that the Commission's Office of Public Affairs, Reference  y_( xOperations Division, SHALL SEND a copy of this Report and Order, WT Docket No. 97153, including  xthe Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. ` `  ,hhhFEDERAL COMMUNICATIONS COMMISSION ` `  ,hhhMagalie Roman Salas ` `  ,hhhSecretary "8 1,l(l(,,"  y_( APPENDIX A t /Comments Submitted in WT Docket No. 97153  y_4(RM8584 800/900 MHz Loading, Reporting, and Construction Personal Communications Industry Association Industrial Telecommunications Association  y_h( RM8623 Frequency Coordination, 154.570/154.600 MHz  y_5( Personal Communications Industry Association Council of Independent Communications Suppliers  y_ ( RM8734 Safety Alerting Signals at 24 GHz BELTronics Limited Broward County Human Services Department Cumberland Gap Tunnel Authority Cybortech, Inc. David F. Gantt, Assemblyman, State of New York International Association of Chiefs of Police International Municipal Signal Association and The International Association of Fire Chiefs, Inc. Senator John F. Kerry Rep. Don Koller, Missouri House of Representatives Senator Douglas A. Kristensen, Nebraska State Legislature Massachusetts Governor's Highway Safety Bureau (filed late, accepted) MPH Industries , Inc. National Association of Governor's Highway Safety Representatives Giffen B. Nickol Jarrell F. Nowlin Anthony Otis Richard C. Pembroke, Sr., Vermont House of Representatives Radio Association Defending Airwave Rights Risk Probe, Inc. Safety Warning Systems L.C. Sanyo Technica USA, INC. Rep. George Schiavone, Vermont House of Representatives Jay J. Schreiber Congressman Bud Shuster David B. Sloan Dale T. Smith Gene Snyder Sunkyong America, Inc. Teligent L.L.C. John Tomerlin United States Department of Transportation Vermont Agency of Transportation Vermont Railway/Clarendon & Pittsford Railroad Company Whistler Corporation "=' 1,l(l(,,H&"  y_(  y_( Reply Comments submitted in WT Docket No. 97153 ă  y_4( RM8734  y_( Radio Association Defending Airwave Rights Safety Warning Systems, L.C.  y_5(# Additional Filings x  y_( RM8734 Safety Warning System, L.C. (Ex parte presentation)" 1,l(l(,,` "  y_( APPENDIX B ă  y_(6^ Final Regulatory Flexibility Analysis ă  y_4(  As required by the Regulatory Flexibility Act ("RFA"),2X4 xP( xr#]\  PCP#э See 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et. seq.#x6X@K 9X@## ]\  PCP#, has been amended by the Contract With  xAmerica Advancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). an Initial Regulatory Flexibility Analysis  y_( x("IRFA") was incorporated in the Notice.&3 zP ( x4#]\  PCP#э See Amendments to Part 90 of the Commission's Rules Concerning Private Land Mobile Radio Services,  zPS (WT Docket No. 97153, Notice of Proposed Rule Making, Appendix A. & The Commission sought written public comment on the  y_( xproposals in the Notice, including comment on the IRFA. This present Final Regulatory Flexibility  y_(Analysis ("FRFA") conforms to the RFA.o4D xP (#]\  PCP#э See 5 U.S.C.  604. o  y_5( A. Need for, and Objectives of, the Adopted Rules:   1. To reduce regulatory requirements, the Commission has adopted rules to: (1) amend Part 90  xof its rules to increase the construction period applicable to nonSpecialized Mobile Radio, 800 and 900  xfMHz land mobile radio systems from eight months to one year; (2) delete the frequency coordination  xrequirement before a station can be licensed for mobile operation on five low power frequencies in the  x150174 MHz band; and (3) permit the use of frequencies in the Radiolocation Service 24.0524.25 GHz  xband for the transmission of alerting signals to warn motorists of hazardous driving conditions. These  xrules changes will permit licensees more time to construct their systems, and will promote more flexible  xuse of land mobile spectrum. We believe these changes will encourage growth of land mobile systems and enhance telecommunications offerings for consumers, producers and new entrants.  y_( B. Summary of Significant Issues Raised by Public Comments in Response to the IRFA.   b2. No comments were submitted specifically in response to the IRFA. We expect, however, that  y_8( xour actions will benefit all entities subject to these rule changes, including small businesses. See paragraph  y_(8, infra.  y_( C. Description and Estimate of the Number of Small Entities to Which Rules Will Apply:   3. The RFA directs agencies to provide a description of and, where feasible, an estimate of the  xnumber of small entities that may be affected by the proposed rules, if adopted. The RFA generally  x&defines the term "small entity " as having the same meaning as the terms "small business," "small  xjorganization," and "small governmental jurisdiction." In addition, the term "small business" has the same  xmeaning as the term "small business concern" under the Small Business Act. A small business concern  x.is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).    FRFA_C 4. The adopted rules apply to businesses and local government entities that operate radio systems  xfor their own internal use in the PLMR services. PLMR systems serve an essential role in a vast range  xof industrial, business, land transportation, and public safety activities. These radios are used by"; 4,l(l(,,"  xcompanies of all sizes operating in all U.S. business categories. Because of the vast array of PLMR users,  xthe Commission has not developed nor would it be possible to develop a definition of small businesses  xspecifically applicable to PLMR users. Therefore, for the purpose of determining whether a licensee is  xLa small business as defined by the Small Business Administration (SBA), each licensee would need to be  xevaluated within its own business area. Therefore, the appropriate definition for PLMRS small businesses  xis SBA's definition for radiotelephone (wireless) companies. That definition provides that a small entity is a radiotelephone company employing no more than 1,500 persons.   5. We sought comment on the number of small businesses which could be impacted by the  xproposed rules. We noted that the Commission's 1994 Annual Report indicates that at the end of fiscal  xtyear 1994 there were approximately 292,000 PLMR stations and 5.4 million transmitters operating in the  y_( x~800, 900 MHz and 24 GHz bands.5 nZ7 (ԍSee Federal Communications Commission, 60th Annual Report, Fiscal Year 1994 at 120121. Further, because any entity engaged in a business activity is eligible  xto hold a PLMR license, the adopted rules could potentially impact every small business in the U.S. There  xare far fewer than 292,000 licensees among the 292,000 PLMR stations. We do not have data specifying  xLthe number of these licensees that have 1,500 employees or fewer and are not dominant in their field of  xoperation, and thus are unable at this time to estimate with greater precision the number of such entities  xthat might qualify as small business concerns under the SBA's definition. In reality, however, the number  xof small businesses affected by the change in the construction period rule and the elimination of the  xfrequency coordination requirement for five VHF low power frequencies, is expected to be very small.   (6. As noted, the RFA also includes small governmental entities as a part of the regulatory  y_( xflexibility analysis.6X nZ(  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 less than  y_k( x850,000.:7k nZ(ԍId.: There are 85,006 governmental entities in the nation.8k@ nZK(ԍ1992 Census of Governments, U.S. Bureau of the Census, U.S. Department of Commerce. This number includes such entities as  xstates, counties, cities, utility districts, and school districts. There are no figures available on what portion  xof this number has populations of fewer than 50,000. However, this number includes 38,978 counties,  y_( xzcities, and towns, and of those, 37,566, or 96 percent, have populations of fewer than 50,000.:9 nZB(ԍId.: The  x.Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of  xthe 85,006 governmental entities, we estimate that 96 percent, or 81,600 are small entities that may be  xaffected by our adopted rule to permit public safety licensees (local government entities) to use the  xfrequency 24.1 GHz for transmitting traffic safety alerting signals. The decision whether or not to use this frequency would be made by each local governmental agency.  y_m( D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements:   ,7. The extension of the construction period from 8 to 12 months for 800 and 900 MHz non xSpecialized Mobile Radio licensees will ease the regulatory burden on these licensees. The deletion of  xthe frequency coordination requirement for certain frequencies in the 150174 MHz band will eliminate"` 9,l(l(,,`"  xthe frequency coordination fees that applicants were required to pay before receiving a license from the  xCommission. No new requirements would be imposed as a result of the actions adopted in this rule  xjmaking proceeding. Thus, costs to certain applicants for the preparation and filing of license applications would be reduced.  y_( x" E. Steps Taken to Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered.  y_(   8. In the IRFA, we indicated that an alternative to our proposed rule to extend the construction  xperiod from 8 months to 12 months for 800 and 900 MHz nonSMR licensees would be to permit a longer  xthan 12 month construction period for small entities. We requested comments on whether a longer  xtconstruction period is necessary for small entities or whether the current waiver process is sufficient. No  xcomments were submitted in response to our request. No commenters raised any alternatives to any of  x`our proposals. We believe that changing from an eight month to a twelve month construction period will  xNease the regulatory burden on small businesses by reducing the need for small business to request extensions of the construction period.  y_ 2 x Report to Congress : The Commission will send a copy of this Report and Order, WT Docket No. 97 x153, including this FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory  y_7( xEnforcement Fairness Act, see 5 U.S.C.  801(a)(1)(A). In addition, the Commission will send a copy  y_( x(of the Report and Order, WT Docket No. 97153, including the FRFA, to the Chief Counsel for Advocacy  y_( xof the Small Business Administration. A summary of the Report and Order, WT Docket No. 97153,  y_(including the FRFA, will also be published in the Federal Register. See 5 U.S.C.  604(b). "9,l(l(,,:"  y_( APPENDIX C ă Part 90 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows:  y_4( PART 90 PRIVATE LAND MOBILE RADIO SERVICES 1. The authority citation for Part 90 continues to read as follows:  y_h(   Authority citation: Sections 4, 303, and 332, 48 Stat. 1066, 1082, as amended: 47 U.S.C. 154,  y_5(303, and 332, unless otherwise noted. 2. Section 90.20 is amended by revising paragraph (f)(4) to read as follows:  y_i (  90.20 Public Safety Pool. * * * * * (f) * * *   (4) A licensee of a radio station in this service may operate radio units for the purpose of  xdetermining distance, direction, speed, or position by means of a radiolocation device on any frequency  x~available for radiolocation purposes without additional authorization from the Commission, provided type  xaccepted equipment or equipment authorized pursuant to  90.203(b)(4) and (b)(5) is used, and all other  xrule provisions are satisfied. A licensee in this service may also operate, subject to all of the foregoing  xconditions and on a secondary basis, radio units at fixed locations and in emergency vehicles that transmit  x~on the frequency 24.10 GHz, both unmodulated continuous wave radio signals and modulated FM digital  x0signals for the purpose of alerting motorists to hazardous driving conditions or the presence of an emergency vehicle. Unattended and continuous operation of such transmitters will be permitted. 3. Section 90.35 is amended by adding paragraph (d)(7) to read as follows:  y_(  90.35 Industrial/Business Pool.  y_( * * * * * (d) * * *  y_(  (7) A railroad licensee, i.e., a licensee eligible for frequencies listed in  90.35(b)(3) that are  xcoordinated by the railroad coordinator (LR), may operate radio units at fixed locations and in moving  x`railroad locomotives/cars that transmit on the frequency 24.10 GHz, both unmodulated continuous wave  x8radio signals and modulated FM digital signals for the purpose of alerting motorists to the presence of an  xapproaching train. Unattended and continuous operation of such transmitters will be permitted without  xadditional authorization from the Commission, provided type accepted equipment or equipment authorized pursuant to  90.203(b)(4) and (b)(5) is used, and all other rule provisions are satisfied. 4. Section 90.103 is amended by revising paragraph (c)(22) to read as follows:  y_%(  90.103 Radiolocation Service. * * * * *"='9,l(l(,,H&"Ԍ(c) * * *   :(22) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only unmodulated, continuous  xwave (NON) emission shall be employed. The frequency 24.10 GHz, and frequencies in the 24.2024.25  xGHZ band may use NON emission along with an ancillary FM digital emission. The frequency 24.10  xGHz will be used for the purpose of alerting motorists of hazardous driving conditions and the presence  xof emergency vehicles. Equipment operating on 24.10 GHz must keep the deviation of the FM digital  y_( xsignal within + 5 MHz. Equipment operating on this frequency must have a frequency stability of at least 2000 ppm and is exempt from the requirements of  90.403(c), 90.403(f), and 90.429. 5. Section 90.175 is amended by revising paragraph (f)(5) to read as follows:  y_ (  90.175 Frequency coordination requirements. * * * * * (f) * * *   (5) Applications in the Industrial/Business Pool requesting a frequency designated for itinerant  x operations, and applications requesting operation on 154.570 MHz, 154.600 MHz, 151.820 MHz, 151.880 MHz, and 151.940 MHz. * * * * *  6. Section 90.633 is amended by revising paragraphs (c) and (d) to read as follows:  y_(  90.633 Conventional systems loading requirements. * * * * *   (c) Except as provided in Section 90.629, licensees of conventional systems must place their authorized stations in operation not later than one year after the date of grant of the system license.   (d) If a station is not placed in operation within one year, except as provided in Section 90.629,  xthe license cancels automatically. For purposes of this section, a base station is not considered to be in operation unless at least one associated mobile station is also in operation. 7. Section 90.651 is amended by revising paragraph (c) to read as follows:  y_;(  90.651 Supplemental reports required of licensees authorized under this subpart. * * * * *   (c) Licensees of conventional systems must report the number of mobile units placed in operation  xwithin twelve months of the date of the grant of their license. Such reports shall be filed within 30 days from that date. * * * * * "p&9,l(l(,,%"