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""" " " """ " " """ "" " "" "" " " " " " """ " """ """ " "" "" " "" """" " " """" " " " """""""" " """" " " """"" """"" " """ " " " " "" " " " "" "" " """ " " """" """ " " " """" " """"  "" " " """ " " """"" "  """ " """  " " " """ "" """ " """" " " """"" " " """" " " """"" " """ " " """"" " """ " " " """" " """"" " """" " """ " """ " """ "" "" " """" " " """ " " """ " """ " " """ " """ "" " """ " """"" " """ " """"" " """ "" " """" " """" " """" " """" " """" " "" """ """ """ """ """ "" "" " "" " " """ "" " """ "" """ " "" ""    "" "   " """  """" "" " "   "" " " "  " """ " "" "" " "  """ " ""  " """" "  " " " " "  " "   " " """ """ """ """ """ """" "" " " """ " """ " " " """ " """"   " "   " """ " "" " ""    """ "" " "    " """ " "" " """   "" "" ""    " """""""  "  "" "" " " "   "" """ " "" " """ "" " """ """ """" " " " " " """"" " " "" "" """    " "" " " """  " "  " " ""  " """ "  " "" "  "" """ "  " " "  " """ """  S  X F APPENDIX A l  S    @A - @ӊ#&a\  P6G; &P# FINAL REGULATORY FLEXIBILITY ANALYSIS  R0,mFirst Report and Order lU  S80 P"0 As required by the Regulatory Flexibility Act, See 5 U.S.C.  603 (RFA), Initial Regulatory Flexibility  S0 P"pAnalyses (IRFA) were incorporated in the Notice of Proposed Rule Making (Public Safety Notice) and the  S0 P"Second Notice of Proposed Rule Making (Second Notice) in WT Docket 9686.0 yOT  %#X\  P6G;/P##X\  P6G;/P##X\  P6G;/P#э The Development of Operational, Technical and Spectrum Requirements For Meeting Federal, State and Local  {O  %Public Safety Agency Communication Requirements Through the Year 2010, WT Docket 9686, Notice of Proposed  {O  %Rule Making, 11 FCC Rcd 12,460 (1996) (Public Safety Notice); The Development of Operational, Technical and  %`Spectrum Requirements For Meeting Federal, State and Local Public Safety Agency Communication Requirements  %0Through the Year 2010 and Establishment of Rules and Requirements For Priority Access Service, WT Docket 96 {O@ 86, Second Notice of Proposed Rule Making, 12 FCC Rcd 17,706 (1997) (Second Notice).  The Commission sought  S0 P"written public comments on the proposals in the Public Safety Notice and Second Notice, including on the  P"IRFAs. The Commission's Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA, as  Sx0amended by the Contract With America Advancement Act of 1996.8xF0 {O^  %P#X\  P6G;/P##X\  P6G;/P#э See 5 U.S.C.  604 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).8  S(  I. Need For and Objective of the Rules   1. Our objective is to establish a band plan and adopt service rules for 24 megahertz of spectrum  P"in the 746776 MHz and 794806 MHz bands ("700 MHz band"). The spectrum, which previously has  P"been allocated for use by television (TV) broadcasting on TV Channels 6069, is now being made  P"0available to meet various public safety communications needs in accordance with 47 U.S.C.  337.  P"Additionally, with these rules, we designate 2.6 megahertz of spectrum in the 700 MHz band for  P"interoperability purposes. This will enable different agencies to communicate across jurisdictions and with  P"peach other. With these rules, we also adopt certain technical specifications that enhance spectrum efficiency, promote nationwide interoperability, and minimize harmful interference.   Sp0  02. We sought comments on a broad range of options to achieve these goals.Y&p0 {O  % #X\  P6G;/P#э The Second Notice contained a section, prompted by a Petition for Rule Making filed by the National  %Communications System (NCS), seeking comment on the establishment of Cellular Priority Access Service (CPAS)  {OB  %designed to meet the communications needs of public safety services in emergency and disaster situations. Second  {O Notice, 12 FCC Rcd at 17,77917,800. We have deferred action on this matter to a later notice.Y In the First Report  SJ0 P"and Order section of this combined First Report and Order and ThirdNotice of Proposed Rule Making  S$0 P"(hereinafter First Report and ThirdNotice as applicable), we continue to progress toward our goal of  P"developing a flexible regulatory framework designed to provide sufficient spectrum for public safety  P"`purposes and to ensure that efficient, effective telecommunications facilities and services will be available  S0 P"to satisfy public safety communications needs into the 21st century.e\ 0 {O%  %`#X\  P6G;/P#э  See Report and Plan for Meeting State and Local Government Public Safety Agency Spectrum Needs Through  {O&  %the Year2010, Report and Plan, 10FCCRcd5207(1995) (1995FCC Public Safety Report); see also Second Notice.e Our actions herein also continue the  P"process of addressing the public safety spectrum insufficiency cited by the Public Safety Wireless  S^0Advisory Committee (PSWAC) in its Final Report.^0 {O*  %#X\  P6G;/P#э See Final Report of the Public Safety Wireless Advisory Committee to the Federal Communications  {Oz+ Commission, September 11, 1996, Key Recommendation 2.2.1, p.21."^,,,"Ԍ S0  ԙ3.In the First Report herein, we establish a band plan and adopt service rules necessary to  P"0commence the process of assignment of licenses for public safety stations to operate in the newly  S0 P"reallocated spectrum at 746-776MHz and 794-806MHz (hereinafter "the 700MHz band"). {O #X\  P6G;/P#э  See ET DocketNo.97-157, Report and Order, 12FCCRcd22,953(1997). This new  P"0public safety spectrum allocation is the largest single allocation ever made for public safety  P"communications and represents a significant public benefit that is derived from the upcoming evolution  P"of television broadcasting in the United States from analog technology of the 1950s to state of the art  S0 P"digital technology.<Z {O  % #X\  P6G;/P#э  See Advanced Television Systems and Their Impact upon the Existing Television Broadcast Service,  {O MMDocketNo.87268, Sixth Report and Order, 12FCCRcd14,588 (1997) (DTV Proceeding).< In the 1997 Budget Act, Congress directed the Commission to commence assignment  S0 P"pof licenses for public safety services in the 700MHz band no later than September30, 1998. {O@  %#X\  P6G;/P#э  See Balanced Budget Act of 1997, Pub.L. No.10533, 3004, 111Stat.251 (1997) (1997 Budget Act), codified at 47U.S.C.337(b)(1). Our action  P"Pherein will allow us to fulfill that mandate. Additionally, we designate a portion of the 700MHz band  P"for interoperability purposes, provide for national, state, and local roles in the administration and channel  P"Pcoordination of the new band, adopt eligibility and licensing rules, establish fundamental technical criteria  P"such as transmitting power limits, and adopt rules to protect the service of transitional television broadcast stations from interference.  S  P"#  II. Summary of Significant Issues Raised by the Public Comments in Response to the Initial  S Regulatory Flexibility Analyses   p4. In the IRFA, the Commission found that the rules we proposed to adopt in this proceeding may  P"have a significant impact on a substantial number of small businesses. The IRFA solicited comment on  P"alternatives to our proposed rules that would minimize the impact on small entities consistent with the  P"`objectives of this proceeding. No comments were submitted directly in response to the IRFAs. However, as described in SectionV, we have taken into account the comments submitted generally by small entities.  Sj  III. Description and Estimate of the Small Entities Involved   P5. The RFA directs agencies to provide a description of and, where feasible, an estimate of the  S0 P"number of small entities that may be affected by the proposed rules, if adopted.  yO #X\  P6G;/P##]\  PC/P#э 5 U.S.C.  603(b)(3). The RFA generally  P"defines the term "small entity" as having the same meaning as the terms "small business," "small  S0 P"organization," and "small governmental jurisdiction."  {O! #X\  P6G;/P##]\  PC/P#э Id.  601(6). In addition, the term "small business" has the same  Sz0 P"meaning as the term "small business concern" under the Small Business Act. z2  yOL$  %`#X\  P6G;/P##]\  PC/P#э 5 U.S.C.  601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. 632).  %Pursuant to the RFA, the statutory definition of a small business applies "unless an agency, after consultation with  %`the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes  %Pone or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register." 5 U.S.C.  601(3). A small business concern  P"is one which: (1) is independently owned and operated; (2) is not dominant in its field of operation; and"R ,**"  S0 P"@(3) satisfies any additional criteria established by the Small Business Administration (SBA).   yOh #X\  P6G;/P##]\  PC/P#э Small Business Act, 15 U.S.C.  632 (1996). A small  P"organization is generally "any notforprofit enterprise which is independently owned and operated and  S0 P"is not dominant in its field." X yO #X\  P6G;/P##]\  PC/P#э 5 U.S.C.  601(4). Nationwide, as of 1992, there were approximately 275,801 small  S0 P" organizations.) yO  P" #X\  P6G;/P##]\  PC/P#э 1992 Economic Census, U.S. Bureau of the Census, Table 6 (special tabulation of data under contract to Office of Advocacy of the U.S. Small Business Administration).) "Small governmental jurisdiction" generally means "governments of cities, counties,  S`0 P"towns, townships, villages, school districts, or special districts, with a population of less than 50,000."`@ yO@ #X\  P6G;/P##]\  PC/P##]\  PC/P#э 5 U.S.C.  601(5).  S80 P"As of 1992, there were approximately 85,006 such jurisdictions in the United States.8 yO #X\  P6G;/P##]\  PC/P#э U.S. Dept. of Commerce, Bureau of the Census, "1992 Census of Governments." This number  P"includes 38,978 counties, cities, and towns; of these, 37,566, or 96 percent, have populations of fewer than  S0 P"P50,000.Z`  {O #]\  PC/P#э Id.Z The Census Bureau estimates that this ratio is approximately accurate for all governmental  P"pentities. Thus, of the 85,006 governmental entities, we estimate that 81,600 (91percent) are small entities.  P"Below, we further describe and estimate the number of small entity licensees and regulatees that may be affected by the proposed rules, if adopted.  S 0   6. Public Safety Radio Pool Licensees. As a general matter, Public Safety Radio Pool licensees  P"include police, fire, local government, forestry conservation, highway maintenance, and emergency medical  S 0 P"services.*  {Od  P"#]\  PC/P#э See Subparts A and B of Part 90 of the Commission's Rules, 47 C.F.R. 90.1-90.22. Police licensees  P"include 26,608 licensees that serve state, county, and municipal enforcement through telephony (voice), telegraphy  P"p(code) and teletype and facsimile (printed material). Fire licensees include 22,677 licensees comprised of private  P"@volunteer or professional fire companies as well as units under governmental control. Public Safety Radio Pool  P"licensees also include 40,512 licensees that are state, county, or municipal entities that use radio for official purposes.  P"`There are also 7,325 forestry service licensees comprised of licensees from state departments of conservation and  P"pprivate forest organizations who set up communications networks among fire lookout towers and ground crews. The  P"9,480 state and local governments are highway maintenance licensees that provide emergency and routine  P"`communications to aid other public safety services to keep main roads safe for vehicular traffic. Emergency medical  P"licensees (1,460) use these channels for emergency medical service communications related to the delivery of  P"emergency medical treatment. Another 19,478 licensees include medical services, rescue organizations, veterinarians,  P"handicapped persons, disaster relief organizations, school buses, beach patrols, establishments in isolated areas,  yO! communications standby facilities, and emergency repair of public communications facilities.  Spectrum in the 700MHz band for public safety services is governed by 47U.S.C.337.  S 0 P"`NonFederal governmental entities as well as private businesses are licensees for these services.  As  S 0 P"indicated supra in para.5 of this FRFA, all governmental entities with populations of less than 50,000 fall  S\0within the definition of a small entity.f\ yO% ԍ #X\  P6G;/P#5 U.S.C.  601(5).f  S 0  7. Radio and Television Equipment Manufacturers. We anticipate that at least six radio  P"equipment manufacturers will be affected by our decisions in this proceeding. According to the SBA's  P"regulations, a radio and television broadcasting and communications equipment manufacturer must have"t,**`"  S0 P" 750 or fewer employees in order to qualify as a small business concern.y yOh #X\  P6G;/P#э 13 C.F.R.  121.201, (SIC) Code 3663.y Census Bureau data indicate  P" that there are 858 U.S. firms that manufacture radio and television broadcasting and communications  P"equipment, and that 778 of these firms have fewer than 750 employees and would therefore be classified  S0 P"as small entities.X {O  P"#X\  P6G;/P#э U.S. Dept. of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995), SIC category 3663. We do not have information that indicates how many of the six radio equipment  P"pmanufacturers associated with this proceeding are among these 778 firms. However, Motorola and  P"Ericsson are major, nationwide radio equipment manufacturers, and, thus, we conclude that these  S0manufacturers would not qualify as small businesses.  S0  08. Television Stations. This First Report will affect full service TV station licensees  P"(Channels6069), TV translator facilities, and low power TV (LPTV) stations. The Small Business  P" Administration defines a TV broadcasting station that has no more than $10.5million in annual receipts  SL 0 P"as a small business.L  yO #X\  P6G;/P#э 13 C.F.R.  121.201, Standard Industrial Code (SIC) 4833 (1996). TV broadcasting stations consist of establishments primarily engaged in  S$ 0 P"0broadcasting visual programs by TV to the public, except cable and other pay TV services.ZX$ B yO  P"#X\  P6G;/P#э Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census of  P"Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92S1, Appendix A9 (1995) (ESA 1992 Census).Z Included  S 0 P"in this industry are commercial, religious, educational, and other TV stations.z b  {O  P"#X\  P6G;/P#э See Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual (1987), at 283, which describes TV Broadcasting Station (SIC Code 4833) as:  pXEstablishments primarily engaged in broadcasting visual programs by television to the public,  pexcept cable and other pay television services. Included in this industry are commercial, religious,  peducational and other television stations. Also included here are establishments primarily engaged in television broadcasting and which produce taped television program materials.  Also included are  S 0 P"establishments primarily engaged in TV broadcasting and which produce taped TV program materials.q  yO #X\  P6G;/P#э ESA 1992 Census at Appendix A9.q  P"Separate establishments primarily engaged in producing taped TV program materials are classified under  S 0another SIC number.# 4 yOX  P"#X\  P6G;/P#э ESA 1992 Census at Appendix A9; SIC 7812 (Motion Picture and Video Tape Production); SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services (producers of live radio and TV programs).#   S40  9. There were 1,509 TV stations operating in the Nation in 1992.4 {O`$  P"#X\  P6G;/P#э Allocation Report and Order, 12 FCC Rcd at 22,953 (1998), at Appendix C; and ESA 1992 Census at Appendix A9. That number has remained  P"`fairly constant as indicated by the approximately 1,551 operating TV broadcasting stations in the Nation  S0 P"as of February 28, 1997. {Oj( #X\  P6G;/P#э  Allocation Report and Order, 12 FCC Rcd 22,953 (1998) at Appendix C. For 1992x {O  P"#X\  P6G;/P#э A census for communications establishments is performed every five years ending with a ``2'' or ``7.'' See ESA 1992 Census at III. the number of TV stations that produced less than $10.0million"",**"  S0 P"0in revenue was 1,155 establishments, or approximately 77percent of the 1,509 establishments.X" yO  P"#X\  P6G;/P#э The amount of $10 million was used to estimate the number of small business establishments because the  P"`relevant Census categories stopped at $9,999,999 and began at $10,000,000. No category for $10.5 million existed. Thus, the number is as accurate as it is possible to calculate with the available information. There  P"are currently 95 full service analog TV stations, either operating or with approved construction permits  S0 P"on channels60-69.B {O #X\  P6G;/P#э See Allocation Notice, 12 FCC Rcd at 14,142. In the DTV Proceeding, we adopted a DTV Table which provides only 15 allotments  S0 P"pfor DTV stations on channels60-69 in the continental United States.  {O #X\  P6G;/P#э See DTV Proceeding, 12 FCC Rcd 14,588. There are seven DTV allotments  Sb0 P" in channels60-69 outside the continental United States.!bf  {Oh #X\  P6G;/P#э See Allocation Notice 12 FCC Rcd 14,142, n.5. Thus, the rules will affect approximately 117  S:0 P"TV stations; approximately 90 of those stations may be considered small businesses.":  yO  P"#X\  P6G;/P#э We use the 77 percent figure of TV stations operating at less than $10 million for 1992 and apply it to the 117 TV stations to arrive at 90 stations categorized as small businesses. These estimates  P"may overstate the number of small entities since the revenue figures on which they are based do not  P"include or aggregate revenues from nonTV affiliated companies. We recognize that the rules may also  P"impact minorityowned and womenowned stations, some of which may be small entities. In 1995,  S0 P"minorities owned and controlled 37 (3.0percent) of 1,221 commercial TV stations in the United States.#P  {O  P"@#X\  P6G;/P#э Minority Commercial Broadcast Ownership in the United States, U.S. Dep't of Commerce, National  P"Telecommunications and Information Administration, The Minority Telecommunications Development Program  P"`(``MTDP'') (Apr. 1996). MTDP considers minority ownership as ownership of more than 50 percent of a broadcast  P"corporation's stock, voting control in a broadcast partnership, or ownership of a broadcasting property as an individual proprietor. The minority groups included in this report are Black, Hispanic, Asian, and Native American.  P"`According to the U.S. Bureau of the Census, in 1987 women owned and controlled 27 (1.9percent) of  SJ 01,342 commercial and noncommercial TV stations in the United States.$J  {O  P"@#X\  P6G;/P#э See Comments of American Women in Radio and TV, Inc. in MM Docket No. 94149 and MM Docket No.  {O  P" 91140, at 4 n.4 (filed May 17, 1995), citing 1987 Economic Censuses, WomenOwned Business, WB871, U.S. Dep't  P"of Commerce, Bureau of the Census, August 1990 (based on 1987 Census). After the 1987 Census report, the  P"Census Bureau did not provide data by particular communications services (fourdigit SIC Code), but rather by the  P"general twodigit SIC Code for communications (#48). Consequently, since 1987, the Census Bureau has not updated  P"data on ownership of broadcast facilities by women, nor does the Commission collect such data. However, we  P"psought comment on whether the Annual Ownership Report Form 323 should be amended to include information on  P"the gender and race of broadcast license owners. Policies and Rules Regarding Minority and Female Ownership of  {O0# Mass Media Facilities, Notice of Proposed Rule Making, 10 FCC Rcd 2788, 2797 (1995).  S 0  `10. There are currently 4,977 TV translator stations and 1,952 LPTV stations.%  {Or& #X\  P6G;/P#э See Allocation Report and Order, 12 FCC Rcd 22,986 at Appendix C. Approximately  S 0 P"1,309 low power TV and TV translator stations are on channels60-69& j {O( #X\  P6G;/P#э See Allocation Notice at 12 FCC Rcd 14,142, n.3. which could be affected by  P"policies in this proceeding. The Commission does not collect financial information of any broadcast" &,**@"  P"facility and the Department of Commerce does not collect financial information on these broadcast  P"`facilities. We will assume for present purposes, however, that most of these broadcast facilities, including  P"LPTV stations, could be classified as small businesses. As indicated earlier, approximately 77 percent of  P"TV stations are designated under this analysis as potentially small businesses. Given this, LPTV and TV  P"translator stations would not likely have revenues that exceed the SBA maximum to be designated as small businesses.  S  IV. Summary of the Projected Reporting, Recordkeeping, and Other Compliance Requirements  S0  `11. The First Report and Order adopts a number of rules that will entail reporting, recordkeeping,  P"and/or third party consultation. However, the Commission believes that these requirements are the  SJ 0 P"minimum needed. The First Report and Order establishes a 700MHz band plan, and establishes and  P"requires planning committees to develop and submit to the Commission organizational and operational  S 0 P"plans for the use of this spectrum. Accordingly, this First Report and Order imposes recordkeeping and  P"reporting requirements on individuals or organizations involved in establishing the national and regional  P"pplanning processes including the nationwide interoperability plan, and on individuals and organizations  P"that assist us in developing technical standards, and on entities such as applicants and licensees, that are  P"subject to these plans, including small government agencies who may request extended implementation.   `12. Additionally, in accordance with 47 U.S.C.  337(f)(1)(B)(ii), nongovernmental organizations  P"(NGO) are required to submit, along with their request to operate in the 700MHz band, a written statement by the authorizing state or local government entity supporting the NGO's application.  Sn  P""  V. Steps Taken by Agency to Minimize Significant Economic Impact on Small Entities and  SF Significant Alternatives Considered   p13. We have reduced economic burdens wherever possible. The regulatory burdens we have  P"@retained, such as filing applications on appropriate forms, are necessary in order to ensure that the public receives the benefits of innovative new services in a prompt and efficient manner.   14. We have incorporated technical rules that promote competition in the equipment market. We  P"believe that the rules we adopt must be as competitively and technologicallyneutral as possible to allow  P"Pfor competing equipment designs and to avoid hindering or precluding future innovative technological  P"developments. We note that tighter technical specifications generally allow more intense spectrum use,  S0 P"but may result in higher equipment costs.  Conversely, while wider tolerances may allow manufacturers  P"`to use less costly component parts in transmitting equipment, they may also result in less efficient  P"pspectrum use. With these considerations in mind, we believe the technical regulations we adopt herein provide a reasonable balance of these concerns.   15. Under the regional planning process, frequency coordination is now competitive. Frequency  P"Pcoordination is the process by which a private organization recommends to the Commission the most  S"0 P"appropriate frequencies for private land mobile radio (PLMR) service applicants. '" {O%  P"ԍ See Frequency Coordination in the Private Land Mobile Radio Services, PR Docket No. 83737, Report and  {O% Order, 103 FCC 2d 1093 (1986) (Frequency Coordination Report and Order).  Frequency coordinators  P"provide a valuable service to the Commission by eliminating common application errors, thereby  SN$0 P"improving the quality of the applications, resolving potential interference problems at the source.(N$$ yO)  P"ԍ We note that in the future frequency coordinators will provide an even greater service by filing applications electronically. There"N$|(,**%"  S0 P"are currently four frequency coordinators certified to coordinate frequencies for public safety applicants.)  yOh  P"ԍ The coordinators are: Association of PublicSafety Communications OfficialsInternational (APCO);  P"International Association of Fire Chiefs, Inc. (IAFC)/International Municipal Signal Association (IMSA); Forestry  P"Conservation Communications Association (FCCA); and American Association of State Highway and Transportation Officials (AASHTO).   P"We have authorized, for the general use portion of this band, each of the four currently certified frequency  P"coordinators to coordinate public safety spectrum, whereas in the 800 MHz National Plan, coordination  P"is limited to APCO, the sole frequency coordinator. We continue to believe that by encouraging  P"competition among coordinators, we will promote costbased pricing of coordination services and provide  S80 P"incentives for enhancing service quality.h*8 {O ԍ Refarming Second Report and Order, 12 FCC Rcd at 14,327.h Therefore, we will allow any of the certified public safety coordinators to provide coordination in the 700 MHz band.   16. To minimize any negative impact from the licensing plan we adopt for the 700 MHz band,  P"pwe have offered each state and local governments the option of utilizing the existing infrastructure of the  P"regional planning process. Of the nation's 55 public safety regional planning committees, most were  SH 0 P"`designed along state boundaries.v+H B {O* ԍ See Appendix D for a list of the current regions for the 800 MHz band.v There were, however, states that were divided into different regions  S 0 P"and states in multistate regions;W,  yO  P"pԍ Portions of the following states were either in more than one region or in regions comprised of more than one  P"pstate (Regional numbers are shown as follows (8)): Connecticut (8, 19), Delaware (28), Illinois (13, 54), Indiana  P"(14, 54), Maine (19), Maryland (20), Massachusetts (19), Michigan (21, 54), New Hampshire (19), New Jersey (8,  P"`28), New York (8, 30, 55), Pennsylvania (28, 36), Rhode Island (19), Vermont (19), Virginia (20, 42), Washington, D.C. (20), and Wisconsin (45, 54).W 700 MHz band committee memberships within each of these states will  P"have the option to agree to be part of only one multistate region, or to form a region designated along state boundaries.  S 0   Report to Congress : The Commission will send a copy of this First Report and Order and Third  SZ0 P"Notice of Proposed Rule Making, including this FRFA, in a report to be sent to Congress pursuant to the  S40 P"Small Business Regulatory Enforcement Fairness Act of 1996, See 5U.S.C.801(a)(1)(A). In addition,  S0 P"pthe Commission will send a copy of this First Report and Order and Third Notice of Proposed Rule  S0 P"Making, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration.  S0 P"A copy of this First Report and Order and Third Notice of Proposed Rule Making and FRFA (or  S0summaries thereof) will also be published in the Federal Register. See 5 U.S.C.  604(b). "v ,,**"  S   @A - B - @F APPENDIX B lԲ  S s INITIAL REGULATORY FLEXIBILITY ANALYSIS  R0 Third Notice of Proposed Rule Making lU  S80 P"As required by the Regulatory Flexibility Act (RFA),b-Z8 {O  P"#X\  P6G;/P##]\  PC/P#э  See 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et. seq.#x6X@K bX@## ]\  PC/P#, has been amended by the Contract With America  P"Advancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the  yO2 Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).#x6X@K bX@#b the Commission has prepared this present Initial  P"Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by  S0 P"the policies and rules proposed in the present, Third Notice of Proposed Rule Making (Third Notice).  P"Written public comments are requested on this IRFA. Comments must be identified as responses to the  S0 P"IRFA and must be filed by the deadlines for comments on the Third Notice as provided above in the  St0 P"PProcedural Matters section of this First Report and Order and Third Notice of Proposed Rule Making.  SN 0 P"The Commission will send a copy of the Third Notice, including this IRFA, to the Chief Counsel for  S( 0 P"0Advocacy of the Small Business Administration. See 5U.S.C.603(a). In addition, the Third NoticeĄ  S 0and IRFA (or summaries thereof) will be published in the Federal Register. See id.  S  I. Paperwork Reduction Analysis  Sd0   In addition, comments on information collections contained in the Third Notice of Proposed Rule  S>0 P"Making should be filed with Judy Boley, Federal Communications Commission, Room 234,  P"P1919MStreet, N.W., Washington, D.C. 20554, or via the Internet to jboley@fcc.gov. Furthermore, a copy  P"`of any such comments should be submitted to Timothy Fain, OMB Desk Officer, 10236NEOB, 725  P"@17thStreet, N.W., Washington, D.C. 20503 or via the Internet at fain_t@al.eop.gov. For additional information regarding the information collections contained herein, contact Judy Boley.  SP  II. Ex Parte Presentations  S0  01. This Third Notice is a permitbutdisclose notice and comment rule making proceeding. Ex  S0parte presentations are permitted, provided they are disclosed as provided in Commission rules.. yOd  P"p#X\  P6G;/P#э See generally Sections 1.1202, 1.1203, and 1.1206(a) of the Commission's Rules, 47 C.F.R.  1.1202, 1.1203, 1.1206(a).  S  III. Need for, and Objectives of, the Proposed Rules  S:0  2. In the Third Notice herein, we are continuing our evaluation of rules applicable to existing  P"public safety spectrum allocations as well as those in the 700MHz band. We seek comment on whether  P"we should license a portion of the 700 MHz band to the regional planning committees, directly to each  P"Pstate or in some other manner. In addition, we propose technical criteria to protect satellitebased global  P" navigation systems from interference. We also seek comment on proposals to promote interoperability  P"0on public safety channels below 512MHz. Additionally, we seek comments related to the Year 2000 computer date change problem.  S  IV. Legal Basis   P3. The proposed action is authorized under Sections4(i), 302, 303(f) and (r), 332, and 337 of the Communications Act of 1934, as amended, 47U.S.C.154(i), 302, 303(f) and (r), 332, 337."#B.,**$"Ԍ S  P"$ ԙ V. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will  S Apply  S0  4. This IRFA may affect the same entities described in detail in the FRFA, supra. We hereby incorporate that analysis into this section.  S0  5. Public Safety Radio Pool Licensees. As a general matter, Public Safety Radio Pool licensees  P"include police, fire, local government, forestry conservation, highway maintenance, and emergency medical  S0 P"services./*  {O,  P"#]\  PC/P#э See Subparts A and B of Part 90 of the Commission's Rules, 47 C.F.R. 90.1-90.22. Police licensees  P"include 26,608 licensees that serve state, county, and municipal enforcement through telephony (voice), telegraphy  P"p(code) and teletype and facsimile (printed material). Fire licensees include 22,677 licensees comprised of private  P"@volunteer or professional fire companies as well as units under governmental control. Public Safety Radio Pool  P"licensees also include 40,512 licensees that are state, county, or municipal entities that use radio for official purposes.  P"`There are also 7,325 forestry service licensees comprised of licensees from state departments of conservation and  P"pprivate forest organizations who set up communications networks among fire lookout towers and ground crews. The  P"9,480 state and local governments are highway maintenance licensees that provide emergency and routine  P"`communications to aid other public safety services to keep main roads safe for vehicular traffic. Emergency medical  P"licensees (1,460) use these channels for emergency medical service communications related to the delivery of  P"emergency medical treatment. Another 19,478 licensees include medical services, rescue organizations, veterinarians,  P"handicapped persons, disaster relief organizations, school buses, beach patrols, establishments in isolated areas,  yO communications standby facilities, and emergency repair of public communications facilities.  Spectrum in the 700MHz band for public safety services is governed by 47U.S.C.337.  S0 P"`NonFederal governmental entities as well as private businesses are licensees for these services.  As  St0 P"indicated supra in para.5 of the FRFA, all governmental entities with populations of less than 50,000 fall  SN 0 P"within the definition of a small entity.f0N  yO ԍ #X\  P6G;/P#5 U.S.C.  601(5).f In addition, the term "small business" has the same meaning as  S& 0 P"Pthe term "small business concern" under the Small Business Act.1& J  yO  P"`#X\  P6G;/P##]\  PC/P#э 5 U.S.C.  601(3) (incorporating by reference the definition of "small business concern" in 15 U.S.C. 632).  P"Pursuant to the RFA, the statutory definition of a small business applies "unless an agency, after consultation with  P"`the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes  P"Pone or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register." 5 U.S.C.  601(3). A small business concern is one which:  P"(1) is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any  S 0 P"additional criteria established by the Small Business Administration (SBA). 2  yOp #X\  P6G;/P##]\  PC/P#э Small Business Act, 15 U.S.C.  632 (1996). A small organization is  P"generally "any notforprofit enterprise which is independently owned and operated and is not dominant  S 0 P"in its field."3  yO" #X\  P6G;/P##]\  PC/P#э 5 U.S.C.  601(4). Nationwide, as of 1992, there were approximately 275,801 small organizations.)4  yO@$  P" #X\  P6G;/P##]\  PC/P#э 1992 Economic Census, U.S. Bureau of the Census, Table 6 (special tabulation of data under contract to Office of Advocacy of the U.S. Small Business Administration).) "Small  P"governmental jurisdiction" generally means "governments of cities, counties, towns, townships, villages,  S60 P"school districts, or special districts, with a population of less than 50,000."56r yOH( #X\  P6G;/P##]\  PC/P##]\  PC/P#э 5 U.S.C.  601(5). As of 1992, there were"6 5,**@"  S0 P"approximately 85,006 such jurisdictions in the United States.6 yOh #X\  P6G;/P##]\  PC/P#э U.S. Dept. of Commerce, Bureau of the Census, "1992 Census of Governments." This number includes 38,978  S0 P"counties, cities, and towns; of these, 37,566, or 96 percent, have populations of fewer than 50,000.Z7X {O #]\  PC/P#э Id.Z The  P"0Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of  P"`the 85,006 governmental entities, we estimate that 81,600 (91percent) are small entities. Below, we  P"further describe and estimate the number of small entity licensees and regulatees that may be affected by the proposed rules, if adopted.  S0  6. Radio and Television Equipment Manufacturers. We anticipate that at least six radio  P"equipment manufacturers will be affected by our decisions in this proceeding. According to the SBA's  P"regulations, a radio and television broadcasting and communications equipment manufacturer must have  Sr0 P" 750 or fewer employees in order to qualify as a small business concern.y8r yO #X\  P6G;/P#э 13 C.F.R.  121.201, (SIC) Code 3663.y Census Bureau data indicate  P" that there are 858 U.S. firms that manufacture radio and television broadcasting and communications  P"equipment, and that 778 of these firms have fewer than 750 employees and would therefore be classified  S 0 P"as small entities.9 z {O  P"#X\  P6G;/P#э U.S. Dept. of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995), SIC category 3663. We do not have information that indicates how many of the six radio equipment  P"pmanufacturers associated with this proceeding are among these 778 firms. However, Motorola and  P"Ericsson are major, nationwide radio equipment manufacturers, and, thus, we conclude that these  S 0manufacturers would not qualify as small businesses.  S4  VI. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements  S 0  S0  7. The Third Notice proposes a number of rules that will entail reporting, recordkeeping, and/or  P"third party consultation. However, the Commission believes that these requirements are the minimum  S0 P"0needed. The Third Notice asks for comment on alternative licensing methods for certain portions of the  P"`700 MHz band. The licensing methods under consideration in the Notice include the possibility of  P"imposing recordkeeping and reporting requirements on applicants for public safety licenses who may be  P"required to make submissions to planning committees justifying their requests for spectrum. These entities will be required to submit applications for spectrum licenses on Form601.  S  P"0$  VII. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered  S00   8. We have reduced economic burdens wherever possible. This item seeks comment on whether  P"we should license a portion of the 700 MHz band to the regional planning committees, directly to each  P"0state or in some other manner to meet public safety needs, and contains proposals to promote  P"@interoperability on public safety channels below 512 MHz. This approach will allow the public safety  P"community to help determine better efficiencies for all licensees subject to the new service rules, which  P"if adopted, will provide technically advanced communications capabilities, including small entities that are often unable to fund the required infrastructure to support these modern systems.   @9. Recognizing the budgetary constraints that public safety entities face as a matter of course, the  P"PSWAC Steering Committee's findings and recommendations included the following: (1) more sharing"! 9,**@#"  S0 P"Pand joint use should be encouraged;A: {Oh ԍ See id. at 34. A (2) broad based efforts, such as projects on the state and regional  P"@level, to coordinate and consolidate operations are critical to articulating and meeting the needs of public  S0 P"safety with cost effective, spectrally efficient radio systems;T;Z {O ԍ See id. at 19 (Key Finding 2.1.7). T (3) more flexible licensing policies are  S0 P"Pneeded to encourage the use of the most spectrallyefficient technology to meet user defined needs;A< {O ԍ See id. at 24. A and  S`0(4) the Commission should consider block allocations for public safety use.`=`~ {O~ ԍ  See id. at 2223 (Key Recommendation 2.2.3). `  S0  10. The PSWAC Interoperabilty Subcommittee noted that shared systems, i.e., large trunked  P"`systems which provide service to many governmental entities in a specific geographical area, offer a high  P"greater spectrum efficiency than many smaller nontrunked systems or systems trunked on fewer  S0 P"`channels.> {OJ ԍ PSWAC Final Report at 317318. Shared systems also offer a high level of builtin interoperability. Id. The most significant difficulty in establishing these types of shared systems, according to the  Sr0 P"@PSWAC Final Report, is probably that they require individual agencies to surrender some autonomy in  SL 0 P"0return for the efficiencies and better coverage of the larger system.5?L  {O ԍ Id. 5 In addition, the funding required to  P"develop the infrastructure necessary to support some of the newer technologies is often too great to permit  P"psmall public safety agencies to participate in new, sophisticated, spectrum efficient wireless radio systems.  P"These same agencies, however, might be able to participate in a countywide or statewide system. The  P"use of shared systems in the public safety community has also been hindered by the current licensing  S 0 P"Pprocess, according to the PSWAC Final Report.L@ 4  {OX ԍ PSWAC Final Report at 315. L In fact, the Commission has long encouraged public  S^0safety agencies to develop widearea multiagency trunked public safety radio systems.+A$^  yO  P"Pԍ Areawide licenses often encourage the rapid development and deployment of innovative service, facilitate  P" interoperability and operational standards while allowing economies of scale that encourage the development of low  {OT  P"cost equipment. See, e.g., Amendment of the Commission's Rules to Establish Part 27, the Wireless Communications  {O Service, GN Docket No. 96228, Report and Order, 12 FCC Rcd 10785, 10814 (1997). +   11. With these considerations in mind, the Third Notice seeks comment on whether to license a  P"portion of the 700 MHz band to the regional planning committees, directly to each state or in some other manner to meet public safety needs.   12. To minimize any negative impact resulting from the implementation of licensing, we have  P"poffered the option of utilizing the existing infrastructure of the Public Safety Regions. The regulatory  P"burdens we have retained, such as filing applications on appropriate forms, are necessary in order to ensure that the public receives the benefits of innovative new services in a prompt and efficient manner.  S  VIII. Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rules  SV0 13. None."V A,** "  S0  @B - C - @E APPENDIX C ă  S  J,LIST OF PLEADINGS  S`0 P" The following is a list of parties filing comments and reply comments in response to the Second Notice  S:0 P"of Proposed Rulemaking in The Development of Operational, Technical, and Spectrum Requirements for  P"pMeeting Federal, State and Local Public Safety Agency Communication Requirements Through the  P"`Year2010, WT Docket No.9686, 12FCCRcd17,706(1997). Submissions that included or exclusively  P"`addressed the issues pertaining to the Establishment of Rules and Requirements For Priority Access Service (CPAS) are preceded by an asterisk (*).  SL  Comments *360 Communications Company (360 Co.) *American Petroleum Institute (API) *American Red Cross (Red Cross) *American Water Works Association (AWWA) *AMSC Subsidiary Corporation (AMSC) APCO Project 25 Steering Committee (Project 25 Committee) Association For Maximum Service Television, Inc. and National Association of Broadcasters (AMSTV/NAB) *Association of PublicSafety Communications OfficialsInternational (APCO) *Bell Atlantic Mobile, Inc. (BAM) *BellSouth Corporation (BellSouth) Brazos County Emergency Communications District (Brazos) California, State of (California) *California PublicSafety Radio Association (CA/PSRA) *Cellular Telecommunications Industry Association (CTIA) CompuDawn, Inc. (CompuDawn) Department of Transportation (USDOT) *Ericsson (Ericsson) Federal Aviation Administration (FAA) Federal Law Enforcement Wireless Users Group (FLEWUG) *Florida Power and Light Company (Florida Power) Florida, State of (Florida) *Griffin, Frederick G. (Griffin) *GTE Service Corporation (GTE) International Association of Chiefs of Police (IACP) *Joint Comments of (Joint Commenters)  American Association of State Highway and Transportation Officials,  Forestry Conservation Communications Association,  International Association of Fire Chiefs, Inc.  International Association of Fish and Wildlife Agencies,  International Municipal Signal Association  National Association of State Foresters Irving, City of (Irving, TX) *Long Beach, City of (Long Beach, CA) M/ACOM (M/A COM) Major Cities Police Chiefs Association (Police Chiefs) *Motorola, Inc. (Motorola)"\) A,***"Ԍ*National Communications System (NCS) *National Emergency Number Association (NENA) National League of Cities (NLC) National Public Safety Telecommunications Council (NPSTC) National Sheriff's Association (NSA) National Telecommunications and Information Administration (NTIA) *New York State Police (NYS Police) *New York Transit Authority (NY Transit) *Nextel Communications, Inc. (Nextel) Pennsylvania, Commonwealth of (Pennsylvania) *Personal Communications Industry Association (PCIA) *Primeco Personal Communications, L.P. (Primeco) Public Safety Communications Council (PSCC) Region 20Washington Metropolitan Area (Region 20) Region 49Austin, Texas (Region 49) Richardson, City of (Richardson,TX) Ridgeland, City of (Ridgeland, TX) *Southwestern Bell Mobile Systems, Inc. (SBMS) Szerlag, Peter W. (Szerlag) U.S. Global Positioning System Industry Council (GPS Council) *UTC, The Telecommunications Association (UTC)  S  Reply Comments  S@0 Alameda, County of (Alameda) American Association of State Hwy & Transportation Officials (AASHTO) *American Petroleum Institute (API) AspenPitkin County Communications Center (AspenPitkin) Association For Maximum Service Television, Inc. and National Association of Broadcasters (AMSTV/NAB) Association of PublicSafety Communications OfficialsInternational, Inc.(APCO) *Bell Atlantic Mobile (BAM) California Public Safety Radio Association (CAPSRA) California, State of (California) CBS Broadcasting,Inc. (CBS) CompuDawn (CompuDawn) Cordillera Communications, Inc. (Cordillera) Ericsson, Inc. (Ericsson) Federal Law Enforcement Wireless Users Group (FLEWUG) Fort Lauderdale, City of (Fort Lauderdale, FL) *GTE Service Corporation (GTE) International Association of Chiefs of Police (IACP) Joint Reply Commenters (Joint Reply Commenters)  American Association of State Highway and Transportation Officials,  Forestry Conservation Communications Association,  International Association of Fire Chiefs, Inc.,  International Association of Fish and Wildlife Agencies,  International Municipal Signal Association  National Association of State Foresters Jovon Broadcasting Corporation (Jovon B/C)"X) A,***"Ԍ Kenwood Communications, Inc. (Kenwood) Liberman Television, Inc. (Liberman TV) Littlerock, City of (Littlerock) Max Media Properties, LLC (Max Media) Motorola (Motorola) Mountain Broadcasting Corporation (Mountain B/C) *National Communications Systems (NCS) National Public Safety Telecommunications Council (NPSTC) *Nextel Communications, Inc. (Nextel) *Northern Telecom, Inc. (Nortel) Personal Communications Industry Association (PCIA) Powell, John S. (Powell) *Primeco Personal Communications, L.P. (Primeco) Project 25 Steering Committee (Project 25 Committee) Region 6 Northern California Public Safety Area (Region 6) Region 9 Florida Public Safety Area (Region 9) Sonoma, County of (Sonoma, CA) *Southwestern Bell Mobile Systems, Inc. and Pacific Bell Mobile Services (SBMS) Utah Communications Agency Network (UCAN) *UTC, The Telecommunications Association (UTC) WRNNTV Associates Limited Partnership, L.P (WRNNTV)  S  ExParte Filings APCO Joint Commenters: (Joint Commenters)  American Association of State Highway and Transportation Officials,  Forestry Conservation Communications Association,  International Association of Fire Chiefs, Inc.  International Association of Fish and Wildlife Agencies,  International Municipal Signal Association  National Association of State Foresters Los Angeles County Internal Services Department, Los Angeles County Sheriff's Department, and Los Angeles Board of Supervisors (LAISD, LACSD and LABOS) Motorola National Public Safety Telecommunications Council (NPSTC) Joe Bruno Federal Law Enforcement Wireless Users Group (FLEWUG) Ericsson Frederick G. Griffin, P.E. Cerulean Technology, Inc."!A,**""  S0@C - D - @  F #&a\  P6G; &P#APPENDIX D 3LIST OF REGIONS  S0(#҇X` hp x (#%'0*,.8135@8:0combinations are designated by the lowest and highest channel numbers separated by a hyphen, e.g. "1-2" for a two channel combination and "1-4" for a four channel combination.  S0(2)Wideband. Two or three contiguous wideband (50kHz) channels may be used in combination as 100kHz or 150kHz channels, respectively. The lower (in frequency) channel for two channel combinations must be a channel whose number is equal to 1+(3'n) or 2+(3'n), where n=any  SR 0integer between 0and79, inclusive (e.g. channel number 1, 2, 5, 6, ...238, 239). The lowest (in frequency) channel for three channel combinations must be a channel whose number is equal to  S 01+(3'n), where n = any integer between 0 and 79, inclusive (e.g. channel number 1, 5, ... 238). Channel combinations are designated by the lowest and highest channel numbers separated by a  S 0hyphen, e.g. "1-2" for a two channel combination and "1-3" for a three channel combination.  Sh0(f)Channel pairing. In general, channels must be planned and assigned in base/mobile pairs that are separated by 30MHz. However, until December31, 2006, channels other than those listed in paragraphs (b)(1) and (c)(1), may be planned and assigned in base/mobile pairs having a different separation, where necessary because 30MHz base/mobile pairing is precluded by the presence of one or more cochannel or adjacent channel TV/DTV broadcast stations.  Sz  90.533Transmitting sites near the U.S./Canada or U.S./Mexico border. This section applies to each license to operate one or more public safety transmitters in the 764-776MHz and 794-806MHz bands, at a location or locations North of LineA (see 90.7) or within 120kilometers (75miles) of the U.S.-Mexico border, until such time as agreements between the government of the United States and the government of Canada or the government of the United States and the government of Mexico, as applicable, become effective governing border area non-broadcast use of these bands. Public safety licenses are granted subject to the following conditions: (a)Operation of public safety transmitters must not cause harmful interference to the reception of television broadcasts transmitted by UHF TV broadcast stations located in Canada or Mexico. In addition, public safety base, control, and mobile transmitters must comply with the interference protection criteria in Section 90.545 for TV/DTV stations in Canada and Mexico. (b)Public safety facilities must accept any interference that may be caused by operations of UHF television broadcast transmitters in Canada and Mexico. (c)Conditions may be added during the term of the license, if required by the terms of international agreements between the government of the United States and the government of Canada or the government of the United States and the government of Mexico, as applicable, regarding nonbroadcast use of the 764-776MHz and 794-806MHz bands.  S&  90.535 Modulation and spectrum usage efficiency requirements. Transmitters designed to operate in 764-776MHz and 794-806MHz frequency bands must meet the following modulation standards:"j)A,***"Ԍ(a)All transmitters in the 764-776MHz and 794-806MHz frequency bands must use digital modulation. Mobile and portable transmitters may have analog modulation capability only as a secondary mode in addition to its primary digital mode. (b)Transmitters designed to operate in the narrowband segment using digital modulation must be capable of maintaining an data throughput of not less than 4.8kbps in a 6.25kHz bandwidth. (c)Transmitters designed to operate in the wideband segment using digital modulation must be capable of maintaining an data throughput of not less than 384kbps in a 150kHz bandwidth.  Sp  90.537Trunking requirement. All systems using six or more narrowband channels in the 764-776MHz and 794-806MHz frequency bands must be trunked systems, except for those using the designated nationwide interoperability channels.  S  90.539 Frequency stability. Transmitters designed to operate in 764-776MHz and 794-806MHz frequency bands must meet the frequency stability requirements in this section. (a)Mobile, portable and control transmitters must normally use automatic frequency control (AFC) to lock on to the base station signal. (b)The frequency stability of base transmitters operating in the narrowband segment must be 100parts per billion or better. (c)The frequency stability of mobile, portable and control transmitters operating in the narrowband segment must be 400parts per billion or better when AFC is locked to a base station, and 2.5parts per million or better when AFC is not locked. (d)The frequency stability of base transmitters operating in the wideband segment must be 1part per million or better. (e)The frequency stability of mobile, portable and control transmitters operating in the wideband segment must be 1.25parts per million or better when AFC is locked to a base station, and 5parts per million or better when AFC is not locked.  S  " A,** !"  S 90.541Transmitting power limits. The transmitting power of base, mobile, portable and control stations operating in the 764-776MHz and 794-806MHz frequency bands must not exceed the maximum limits in this section, and must also comply with any applicable effective radiated power limits in 90.545. (a)The transmitting power of base transmitters must not exceed the limits given in paragraphs (a), (b) and (c) of 90.635. (b)The transmitter output power of mobile and control transmitters must not exceed 30Watts. (c)The transmitter output power of portable (handheld) transmitters must not exceed 3Watts. (d)Mobile and portable transmitters must be designed to employ automatic power control.  SX  90.543Emission limitations. Transmitters designed to operate in 764-776MHz and 794-806MHz frequency bands must meet the emission limitations in this section. (a) The adjacent channel coupled power (ACCP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a maximum value for the ACCP relative to maximum output power as a function of the displacement from the channel center frequency. In addition, the ACCP for a mobile station transmitter at the specified frequency displacement must not exceed the value shown in the tables. For transmitters that have power control, the latter ACCP requirement can be met at maximum power reduction. In the following charts, "(s)" means a swept measurement is to be used.  S(  6.25 kHz Mobile Transmitter ACCP Requirements ă T a ddx`a _ ZZ@@@@T    @   mOffset from Center sFrequency (kHz) !Measurement  Bandwidth (kHz) (Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm)     6.25 r6.25 9ԩ40 ynot specified    12.5 r6.25 9ԩ60 4ԩ45    18.75 r6.25 9ԩ60 4ԩ45    25 ! r6.25 ! 9ԩ65 ! 4ԩ50     37.5(" 25(" 9ԩ65(" 4ԩ50 !    62.50# 250# 9ԩ650# 4ԩ50("    87.58$ 258$ 9ԩ658$ 4ԩ500#    150@% 100@% 9ԩ65@% 4ԩ508$    250H& 100H& 9ԩ65H& 4ԩ50@%    iX>400 to receive bandP' 830 (s)P' 9ԩ75P' 4ԩ55 H&  0 nin the receive bandh(0830 (s)h(0 ԩ100h(04ԩ70  P'0 "@)A,**@+0)"Ԍ S  12.5 kHz Mobile Transmitter ACCP Requirements ă ^ZZ@@@@ZZ@@@@^   P'   mOffset from Center sFrequency (kHz) Measurement  Bandwidth (kHz) $Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm)     9.375 n6.25 5ԩ40 ynot specified    v15.625 n6.25 5ԩ60 4ԩ45    v21.875 n6.25 5ԩ60 4ԩ45    37.5 25 5ԩ65 4ԩ50    62.5 25 5ԩ65 4ԩ50    87.5 25 5ԩ65 4ԩ50    150 100 5ԩ65 4ԩ50     250 100 5ԩ65 4ԩ50     iX>400 to receive band 430 (s) 5ԩ75 4ԩ55    0 nin the receive band8 0430 (s)8 0ԩ1008 04ԩ70  0  S  B 25 kHz Mobile Transmitter ACCP Requirements ă ^ZZ@@@@ZZ@@@@^       nOffset from Center tFrequency (kHz) "Measurement  Bandwidth (kHz) $Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm)     {15.625 s6.25 5ԩ40 ynot specified    {21.875 s6.25 5ԩ60 4ԩ45    37.5 25 5ԩ65 4ԩ50    62.5 25 5ԩ65 4ԩ50    87.5 25 5ԩ65 4ԩ50    150 100 5ԩ65 4ԩ50    250 100 5ԩ65 4ԩ50    j]>400 to receive band 930 (s) 5ԩ75 4ԩ55   0 oin the receive band0930 (s)0ԩ10004ԩ70  0  S0  150 kHz Mobile Transmitter ACCP Requirements ă ^ZZ@@@@ZZ@@@@^      nOffset from Center tFrequency (kHz) "Measurement  Bandwidth (kHz) $Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm)     100 50 5ԩ40 ynot specified    200! 50! 5ԩ50! 4ԩ35     300" 50" 5ԩ50" 4ԩ35!    400# 50# 5ԩ50# 4ԩ35"    ~600 to 1000$ 930 (s)$ 5ԩ60$ 4ԩ45#    jc1000 to receive band% 930 (s)% 5ԩ70% 4ԩ55 $  0 oin the receive band&0930 (s)&0ԩ100&04ԩ75 %0 "p)A,**p,("Ԍ S  Y 6.25 kHz Base Transmitter ACCP Requirements ă YZZ@@@@ZZ e @@@Y   %   9Offset from }eCenter Frequency (kHz) 2CMeasurement Bandwidth ](kHz)  gMaximum ACCP (dBc)     M 6.25 `E6.25 jԩ40    M 12.5 `E6.25 jԩ60     18.75 `E6.25 jԩ60     25 `E6.25 jԩ65    M 37.5 e25 jԩ65    M 62.5 e25 jԩ65    M 87.5 e25 jԩ65     d 150 b\100 jԩ65     d 250 b\100 jԩ65     >400 to receive band( ] 30 (s)( ԩ80 (continues @6dB/oct)    0 !in the receive band@0] 30 (s)@0<ԩ100  ( 0  S0Y  12.5 kHz Base Transmitter ACCP Requirements ă TZZ e @@@!ZZ e @@@T   (    9Offset from }eCenter Frequency (kHz) 2CMeasurement Bandwidth ](kHz)  gMaximum ACCP (dBc)      9.375 `E6.25 jԩ40    15.625 `E6.25 jԩ60    21.875 `E6.25 jԩ60    M 37.5 e25 jԩ60    M 62.5 e25 jԩ65    M 87.5 e25 jԩ65    d 150 b\100 jԩ65    d 250 b\100 jԩ65    >400 to receive band ] 30 (s) ԩ80 (continues @6dB/oct)   0 In the receive band(0] 30 (s)(0<ԩ100  0 "A,**P @"Ԍ S0  25kHz Base Transmitter ACCP Requirements ă T!ZZ e @@@AZZ  e @@@T     9Offset from }eCenter Frequency (kHz)2CMeasurement Bandwidth ](kHz) gMaximum ACCP (dBc)   15.625`E6.25jԩ40  21.875`E6.25jԩ60  M 37.5e25jԩ60  M 62.5e25jԩ65  M 87.5pe25pjԩ65  d 150`b\100`jԩ65p  d 250P b\100P jԩ65`  >400 to receive band@ ] 30 (s)@ ԩ80 (continues @6dB/oct) P   !in the receive band@ ] 30 (s)@ <ԩ100  @   S  p 150kHz Base Transmitter ACCP Requirements TAZZ  e @@@aZZ  e @@@T   @    9Offset from }eCenter Frequency (kHz) 1%Measurement Bandwidth ](kHz)  gMaximum ACCP (dBc)      d 100 e50 jԩ40    d 200 e50 jԩ50    d 300 e50 jԩ55    d 400 e50 jԩ60    (600 to 1000 ] 30 (s) jԩ65    1000 to receive band ] 30 (s) ԩ75 (continues @ 6dB/oct)   0 !in the receive band0] 30 (s)0<ԩ100 0  S0(b)ACCP measurement procedure. The following are procedures for making transmitter measurements. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during time slots when the transmitter is on. All measurements must be made at the input to the transmitters antenna. Measurement bandwidth used below implies an instrument that measures the power in many narrow bandwidths (e.g. 300Hz) and integrates these powers across a larger band to determine power in the measurement bandwidth.  S0(1)Setting reference level: Using a spectrum analyzer capable of ACCP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25kHz transmitter, set the measurement bandwidth to 6.25kHz; for a 150kHz transmitter, set the measurement bandwidth to 150kHz. Set the frequency offset of the measurement bandwidth to zero and adjust the center frequency of the spectrum analyzer to give the power level in the measurement bandwidth. Record this power level in dBm as the "reference power level".  S#0(2)Measuring the power level at frequency offsets <600kHz: Using a spectrum analyzer capable of ACCP measurements, set the measurement bandwidth as shown in the tables above. Measure the ACCP in dBm. These measurements should be made at maximum power. Calculate the coupled power by subtracting the measurements made in this step from the reference power measured in the previous step. The absolute ACCP values must be less than the values given in the table for each condition above. "(A,***`"Ԍ S0(3)Measuring the power level at frequency offsets >600kHz: Set a spectrum analyzer to 30kHz resolution bandwidth, 1MHz video bandwidth and sample mode detection. Sweep 6MHz from the carrier frequency. Set the reference level to the RMS value of the transmitter power and note the absolute power. The response at frequencies greater than 600kHz must be less than the values in the tables above.  S0(4)Upper Power Limit Measurement: The absolute coupled power in dBm measured above must be compared to the table entry for each given frequency offset. For those mobile stations with power control, these measurements should be repeated with power control at maximum power reduction. The absolute ACCP at maximum power reduction must be less than the values in the tables above.  S$ 0(c)Outofband emission limit. On any frequency outside of the frequency ranges covered by the ACCP tables in this section, the power of any emission must be reduced below the unmodulated carrier power(P) by at least 43+10log(P)dB.  S 0(d)Authorized bandwidth. Provided that the ACCP requirements of this section are met, applicants may request any authorized bandwidth that does not exceed the channel size.  S  90.545 TV/DTV interference protection criteria. Public safety base, control, and mobile transmitters in the 764-776MHz and 794-806MHz frequency bands must be operated only in accordance with the rules in this section, to reduce the potential for interference to public reception of the signals of existing TV and DTV broadcast stations transmitting on TVChannels 62, 63, 64, 65, 67, 68 or 69.  S0(a)D/U ratios. Licensees of public safety stations must choose site locations that are a sufficient distance from co-channel and adjacent channel TV and DTV stations, and/or must use reduced transmitting power or transmitting antenna height such that the following minimum desired signal to undesired signal ratios (D/U ratios) are met: (1)The minimum D/U ratio for cochannel stations is 40dB at the hypothetical GradeB contour (64dBV/m) (88.5kilometers or 55.0miles) of the TV station or 17dB at the equivalent GradeB contour (41dBV/m) (88.5kilometers or 55.0miles) of the DTV station. (2)The minimum D/U ratio for adjacent channel stations is 0dB at the hypothetical GradeB contour (64dBV/m) (88.5kilometers or 55.0miles) of the TV station or 23dB at the equivalent GradeB contour (41dBV/m) (88.5kilometers or 55.0miles) of the DTV station.  S 0(b)Maximum ERP and HAAT. The maximum effective radiated power (ERP) and the antenna height above average terrain (HAAT) of the proposed land mobile base station, the associated control station, and the mobile transmitters shall be determined using the methods described in this section. (1)Each base station is limited to a maximum ERP of 1000watts. (2)Each control station is limited to a maximum ERP of 200watts and a maximum HAAT of 61m. (200ft). "(A,**)`"Ԍ(3)Each mobile station is limited to a maximum ERP of 30watts and a maximum antenna height of 6.1m. (20ft.). (4)Each portable (handheld) transmitter is limited to a maximum ERP of 3watts. (5)All transmitters are subject to the power reductions given in FigureB of 90.309 of this chapter, for antenna heights higher than 152meters (500ft).  S0(c)Methods. The methods used to calculate TV contours and antenna heights above average terrain are given in 73.683 and 73.684 of this chapter. Tables to determine the necessary minimum distance from the public safety station to the TV/DTV station, assuming that the TV/DTV station has a hypothetical or equivalent GradeB contour of 88.5kilometers (55.0miles), are located in 90.309 and labeled as TablesB, D, and E. Values between those given in the tables may be determined by linear interpolation. The locations of existing and proposed TV/DTV stations during the transition period are given in Part73 of this chapter and in the final proceedings of MMDocket No.87268. The DTV allotments are: #X\  P6G;/P# caZZ  e @@@0H0Z|' c "  p " "p"   STATEp  CITYp"CoNTSC TV Ch.p"'DTV Ch.p"QERP (kW)p"CvHAAT (m)p p Z "pp"   California:p  Stockton:p"]64:p"62:p$ 63.5:p"Rt 874p P  "pP"   CaliforniaP  Los AngelesP"]11P"65P$  688.7P"Rt 896P P : "PP"   CaliforniaP  RiversideP"]62P"68P$  180.1P"Rt 723P P  "PP"   California*P  Concord*P"]42*P"63*P$ 61.0*P"Rt 856P P  "PP"   PennsylvaniazP  AllentownzP"]39zP"62zP$ 50.0zP"Rt 302P P * "PP"   PennsylvaniaP  PhiladelphiaP"_86P"64P$ d1000.0P"Rt 332P P z "PP"   PennsylvaniaP  PhiladelphiaP"]10P"67P$ G 791.8P"Rt 354P P  "PP"   Puerto RicojP  AguadajP"]50jP"62jP$ b 50.0jP"Rt 343P P  "PP"   Puerto RicoP  MayaguezP"]16P"63P$ 50.0P"Rt 347P P j "PP"   Puerto Rico P  Naranjito P"]64 P"65 P$ 50.0 P"Rt 142P    "P"   Puerto Rico  Aguadilla"]12"69$691.8"Rt 665     SR0#&a\  P6G; &P#The transition period is scheduled to end on December31, 2006. After that time, unless otherwise directed by the Commission, public safety stations will no longer be required to protect reception of cochannel or adjacent channel TV/DTV stations. (1)Licensees of stations operating within the ERP and HAAT limits of paragraph(b) must select one of three methods to meet the TV/DTV protection requirements, subject to Commission approval: (i)utilize the geographic separation specified in the tables referenced below; (ii)submit an engineering study justifying the proposed separations based on the actual parameters of the land mobile station and the actual parameters of the TV/DTV station(s) it is trying to protect; or,"r)A,**P*"Ԍ(iii)obtain written concurrence from the applicable TV/DTV station(s). If this method is chosen, a copy of the agreement must be submitted with the application. (2)The following is the method for geographic separations. (i)Base stations having an antenna height (HAAT) less than 152m. (500ft.) shall afford protection to cochannel and adjacent channel TV/DTV stations in accordance with the values specified in Table B (cochannel frequencies based on 40dB protection) and TableE (adjacent channel frequencies based on 0dB protection) in 90.309 of this part. For base stations having an antenna height (HAAT) between 152914 meters (5003,000 ft.) the effective radiated power must be reduced below 1 kilowatt in accordance with the values shown in the power reduction graph in Figure B in  90.309 of this part. For heights of more than 152 m. (500 ft.) above average terrain, the distance to the radio path horizon will be calculated assuming smooth earth. If the distance so determined equals or exceeds the distance to the hypothetical or equivalent Grade B contour of a co S 0channel TV/DTV station (i.e., it exceeds the distance from the appropriate Table in 90.309 to the relevant TV/DTV station) an authorization will not be granted unless it can be shown in an engineering study (method2) that actual terrain considerations are such as to provide the desired protection at the actual GradeB contour (64dBV/m for TV and 41dBV/m for DTV stations), or that the effective radiated power will be further reduced so that, assuming free space attenuation, the desired protection at the actual GradeB contour (64dBV/m for TV and 41dBV/m coverage contour for DTV stations) will be achieved. Directions for calculating powers, heights, and reduction curves are listed in 90.309 for land mobile stations. Directions for calculating coverage contours are listed in 73.683685 for TV stations and in 73.625 for DTV stations. (ii)Control and mobile stations (including portables) are limited in height and power and therefore shall afford protection to cochannel and adjacent channel TV/DTV stations in accordance with the values specified in TableD (cochannel frequencies based on 40dB protection) in 90.309 of this part and a minimum distance of 8kilometers (5miles) from all adjacent channel TV/DTV station hypothetical or equivalent GradeB contours. (adjacent channel frequencies based on 0dB protection for TV stations and 23 dB for DTV stations). Since control and mobile stations may affect different TV/DTV stations than the associated base station, particular care must be taken by  S*0applicants to ensure that all the appropriate TV/DTV stations are considered (e.g. a base station may be operating on TV Channel64 and the mobiles on TV Channel69, in which case TVChannels 63, 64, 65, 68, and 69 must be protected). Control and mobile stations shall keep a minimum distance of 96.5kilometers (60miles) from all adjacent channel TV/DTV stations. Since mobiles and portables are able to move and communicate with each other, licensees or coordinators must determine the areas where the mobiles can and cannot roam in order to protect the TV/DTV stations, and advise the mobile operators of these areas and their restrictions. (iii)In order to protect certain TV/DTV stations and to ensure protection from these stations which may have extremely large contours due to unusual height situations, an additional distance factor must be used by all public safety base, control and mobile stations. For all cochannel and adjacent channel TV/DTV stations which have an HAAT between 350 and 600 meters, public safety stations must add the following DISTANCE FACTOR to the value obtained from the referenced Tables in 90.309 and to the distance for control and mobile stations on adjacent TV/DTV channels (96.5km). XDISTANCE FACTOR=(TV/DTVHAAT350)14 in kilometers, where HAAT is the TV or DTV station antenna height above average terrain obtained from its authorized or proposed facilities, whichever is greater. "\) A,***"ԌFor all cochannel and adjacent channel TV/DTV stations which have an antenna height above average terrain greater than 600meters, public safety stations must add 18kilometers as the DISTANCE FACTOR to the value obtained from the referenced Tables in 90.309 and to the distance for control and mobile stations on adjacent TV/DTV channels (96.5km). Note: The 88.5km (55.0mi) GradeB service contour (64dBV/m) is based on a hypothetical TV station operating at an effective radiated power of one megawatt, a transmitting antenna height above  S0average terrain of 610meters (2000feet) and the Commission's R6602 F(50,50) curves. See 73.699 of this chapter. Maximum facilities for TV stations operating in the UHF band are 5megawatts  S0effective radiated power at an antenna HAAT of 610meters (2,000feet).  See 73.614 of this chapter. The equivalent contour for DTV stations is based on a 41dBV/m signal strength and the distance to  SL 0the F(50,90) curve. See 73.625 of this chapter.  S  90.547 Interoperability channel capability requirement. Mobile and portable transmitters designed pursuant to standards adopted by the National Coordination Committee to operate in the 764-776MHz and 794-806MHz frequency bands must be capable of operating on any of the designated nationwide narrowband interoperability channels approved by the Commission.  S  90.549 Transmitter certification. Transmitters operated in the 764-776MHz and 794-806MHz frequency bands must be certificated as required by 90.203.  S  90.551Construction requirements. Each station authorized under this subpart to operate in the 764-776MHz and 794-806MHz frequency bands must be constructed and placed into operation within 12months from the date of grant of the authorization. However, licensees may request a longer construction period, up to but not exceeding 5years, pursuant to 90.155(b)."V!A,**"  S @E - F - @   EAPPENDIX F  S PROPOSED RULES FOR THIRD NOTICE OF PROPOSED RULE MAKING ă  I. 1. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a) Part 90 of Title 47 of the Code of Federal Regulations is amended as follows:  S01.ؠThe authority citation for Part90 continues to read as follows: AUTHORITY: Secs. 4, 2512, 303, 309, 332 and 337, 48 Stat 1066, 1082, as amended; 47U.S.C.154, 2512, 303, 309 and 337, unless otherwise noted.  SH 02.ؠSection90.1 is amended by revising paragraph(b), to read as follows:  S  90.1 Basis and purpose. *****  SX0(b)Purpose. This part states the conditions under which radio communications systems may be licensed and used in the Public Safety, Special Emergency, Industrial, Land Transportation and Radiolocation Services. These rules do not govern the licensing of radio systems belonging to and operated by the United States. *****  SB03.ؠSection 90.20 is amended by adding "78" to the "Limitations" column for nine of the existing entries in the table in paragraph (c)(3), by adding a new paragraph (d)(78), and by adding a new paragraph (g) to read as follows:  S  90.20Public Safety Pool. ***** (c)*** (3)*** PUBLIC SAFETY POOL FREQUENCY TABLE h0H0Z|'  ddx`:" h      "qFrequency or band  " Class of station(s)  "Limitations  "!Coordinator  :   *****" *****" *****" *****     151.1375j$ Base or mobilej$ 27, 28, 78.j$ PH"   *****& *****& *****& *****j$   154.4525' Base or mobile' 27, 28, 78.' PF&   *****z) *****z) *****z) *****"B("A,**p)("'   155.7525 Base or mobile 27, 78. PX   *****` *****` *****` *****   158.7375 Base or mobile 27, 78. PP`   ***** ***** ***** *****   159.4725p Base or mobilep 27, 78.p PO   *****  *****  *****  *****p   453.20625  Base or mobile  44, 78.  PX    *****  *****  *****  *****    453.993750 Base or mobile0 44, 78.0 PX    ***** ***** ***** *****0   458.20625 Mobile 44, 78. PX   *****@ *****@ *****@ *****   458.99375 Mobile 44. 78. PX@   ***** ***** ***** ***** (d)*** (78)These channels are designated for interoperabilityonly use. *****  S0(g) VPC interoperability frequencies.  Sj0(1) Working channels in the VHF 156-162MHz band. The channel pairs listed in the tables below were formerly allocated in 80.371 of this chapter for VHF Public Coast Stations as public correspondence channels numbered 25, 84, and 85 and were also shared under former 90.283 by Industrial and Land Transportation Radio Service (I/LT) stations and grandfathered public safety stations. The 25kHz channel pairs are available exclusively for assignment to public safety entities for interoperable channels of communication only in the Economic Areas (EAs) as shown below in Table A. (2) Service areas in the marine VHF 156-162MHz band are VHF Public Coast areas (VPCs). As listed in TableA to this paragraph, these areas are based on, and composed of one or more of, the U.S Department of Commerce's 172Economic Areas (EAs). See 60FR13114 (March10, 1995). Maps of the EAs and VPCs are available for public inspection and copying at the Public Safety and Private Wireless Division, room 8010, 2025 M Street, NW, Washington, DC.")#A,**+"Ԍ S0ԙ Table A List of Channels Available by Public Coast Area Y ddx`:"  ddH0$  Y    "#VHF Public Coast Areas (VPCs)    VPCs EAs Channel Pairs  X    SP01 (Northern Atlantic)Z 15, 10Z none b  p   S02 (MidAtlantic)p 9, 1123, 25, 42, 46p noneb b Z pp   S03  (Southern Atlantic)p 24, 2634, 37, 38, 40, 41, 174p noneb 8  pP   Sv04  (Mississippi River) p 34, 36, 39, 4345, 4753, 67107, 113, 116120, 122125, 127, 130134, 176V P none8 b  Pp   S 05  (Great Lakes) p 68, 5466, 108, 109 p noneb b V  pp   S 06 (Southern Pacific) p 160165 p noneb b   pp   Sr 07  (Northern Pacific)|p 147, 166170|p noneb b   pp   S08 (Hawaii)p 172, 173, 175p noneb b | pp   S609 (Alaska)@p 171@p noneb b  pp   S010  (Grand Forks)p 110p 25, 84b b @ pp   S011  (Minot)p 111p 25, 84b b  pp   S\012  (Bismarck)fp 112fp 25, 84b b  pp   S013  (Aberdeen)p 114p 25, 84b b f pp   S 014  (Rapid City)*p 115*p 25, 84b b  pp   S015  (North Platte)p 121p 25, 84b b * pp   S016  (Western Oklahoma)p 126p 25, 85b b  pp   SF017  (Abilene)Pp 128Pp 25, 85b b  pp   S018  (San Angelo)p 129p 25, 85b b P pp   S 019  (OdessaMidland)p 135p 25, 85b b  pp   Sl020  (Hobbs)v p 136v p 25, 85b b  pp   S 021 (Lubbock)!p 137!p 25, 85b b v  pp   S0"022  (Amarillo):#p 138:#p 25, 85b b ! pp   S#023 (Santa Fe)$p 139$p 25, 84b b :# pp   S$024 (Pueblo)%p 140%p 25, 84b b $ pp   SV&025 (DenverBoulderGreeley)`'p 141`'p 25, 84b b % pp   S'026  (Scottsbluff)(p 142(p 25, 84b b `' pp   S)027  (Casper)$*p 143$*p 25, 84")$A,***`*"b b ( pp   SX028  (Billings)bp 144bp 25, 84b b  pp   S029  (Great Falls)p 145p 25, 84b b b pp   S030  (Missoula)&p 146&p 25, 84b b  pp   S~031 (Idaho Falls)p 148p 25, 85b b & pp   S032  (Twin Falls)p 149p 25, 85b b  pp   SB033  (Boise City)Lp 150Lp 25, 84b b  pp   S034  (Reno) p 151 p 25, 84b b L pp   S 035  (Salt Lake CityOgden) p 152 p 25, 85b b   pp   Sh 036  (Las Vegas)r p 153r p 25, 84b b   pp   S 037  (Flagstaff) p 154 p 25, 84b b r  pp   S,038  (Farmington)6p 1556p 25, 84b b   pp   S039  (Albuquerque)p 156p 25, 84b b 6 pp   S040  (El Paso)p 157p 25, 85b b  pp   SR041  (PhoenixMesa)\p 158\p 25, 84b    p   S042  (Tucson) 159 25, 84   +\  S0X Table B List of Channel Center Frequencies by Corresponding Channel Number T ddH0$   ddH0%( ( ( T   X \ p  "  `Channel Number p"'Base Station Transmit Center A1Frequency in MHz p"pMobile Station Transmit .Center Frequency in MHzX `  pp  " 25 Vp"X161.850 Vp"157.250` `  pp  " 84 p"X161.825 p"157.225`   V p  " 85 F"X161.875 F"157.275  X (3) Public safety eligible applicants shall apply for these channel pairs only for the purpose of interoperability using the following standards and procedures: (i) All applicants must comply with the relevant technical sections under this part unless otherwise stated in this section and provide evidence of frequency coordination in accordance with 90.175. (ii) Station power, as measured at the output terminals of the transmitter, must not exceed 50Watts for base stations and 20Watts for mobile stations, except in accordance with the provisions of paragraph(vi). Antenna height (HAAT) must not exceed 122meters (400feet) for base stations and 4.5meters (15feet) for mobile stations, except in accordance with paragraph(vi). Such base and mobile channels shall not be operated on board aircraft in flight. (iii) Frequency protection must be provided to other stations in accordance with the following guidelines for each channel and for each area and adjacent area:")%A,**+"Ԍ(a) Protect coast stations licensed prior to July 6, 1998, by the required separations shown in Table C below. (b) Protect I/LT stations by frequency coordination in accordance with 90.175 of this part. (c) Protect other public safety stations by frequency coordination and by agreement with the other public safety stations.  S0(d) Where the Public Safety designated channel is not a Public Safety designated channel in  S0an adjacent EA: Applicants shall engineer base stations such that the maximum signal strength at the boundary of the adjacent EA does not exceed 5dBV/m. (iv) The following table, along with the antenna height (HAAT) and power (ERP), must be used to determine the minimum separation required between proposed base stations and co-channel public coast stations licensed prior to July6, 1998 under Part 80 of this chapter. Applicants whose exact ERP or HAAT are not reflected in the table must use the next highest figure shown.  S\00 Table C Required Separation in Kilometers (Miles) of Base Station From Public Coast Stations  c ddH0%( ( ( ddx4&` 88888 c     ` "p" ",Base Station Characteristics`` 4 "pp"  HAATp"ERP (watts)` `  "pp"  X` hp x (#%'0*,.8135@8: