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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** APPENDIX A FINAL REGULATORY FLEXIBILITY ANALYSIS First Report and Order As required by the Regulatory Flexibility Act, See 5 U.S.C.  603 (RFA), Initial Regulatory Flexibility Analyses (IRFA) were incorporated in the Notice of Proposed Rule Making (Public Safety Notice) and the Second Notice of Proposed Rule Making (Second Notice) in WT Docket 96-86. The Commission sought written public comments on the proposals in the Public Safety Notice and Second Notice, including on the IRFAs. The Commission's Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA, as amended by the Contract With America Advancement Act of 1996. 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 in the 746-776 MHz and 794-806 MHz bands ("700 MHz band"). The spectrum, which previously has been allocated for use by television (TV) broadcasting on TV Channels 60-69, is now being made available to meet various public safety communications needs in accordance with 47 U.S.C.  337. Additionally, with these rules, we designate 2.6 megahertz of spectrum in the 700 MHz band for interoperability purposes. This will enable different agencies to communicate across jurisdictions and with each other. With these rules, we also adopt certain technical specifications that enhance spectrum efficiency, promote nationwide interoperability, and minimize harmful interference. 2. We sought comments on a broad range of options to achieve these goals. In the First Report and Order section of this combined First Report and Order and Third Notice of Proposed Rule Making (hereinafter First Report and Third Notice as applicable), we continue to progress toward our goal of developing a flexible regulatory framework designed to provide sufficient spectrum for public safety purposes and to ensure that efficient, effective telecommunications facilities and services will be available to satisfy public safety communications needs into the 21st century. Our actions herein also continue the process of addressing the public safety spectrum insufficiency cited by the Public Safety Wireless Advisory Committee (PSWAC) in its Final Report. 3. In the First Report herein, we establish a band plan and adopt service rules necessary to commence the process of assignment of licenses for public safety stations to operate in the newly reallocated spectrum at 746-776 MHz and 794-806 MHz (hereinafter "the 700 MHz band"). This new public safety spectrum allocation is the largest single allocation ever made for public safety communications and represents a significant public benefit that is derived from the upcoming evolution of television broadcasting in the United States from analog technology of the 1950s to state of the art digital technology. In the 1997 Budget Act, Congress directed the Commission to commence assignment of licenses for public safety services in the 700 MHz band no later than September 30, 1998. Our action herein will allow us to fulfill that mandate. Additionally, we designate a portion of the 700 MHz band for interoperability purposes, provide for national, state, and local roles in the administration and channel coordination of the new band, adopt eligibility and licensing rules, establish fundamental technical criteria such as transmitting power limits, and adopt rules to protect the service of transitional television broadcast stations from interference. II. Summary of Significant Issues Raised by the Public Comments in Response to the Initial Regulatory Flexibility Analyses 4. In the IRFA, the Commission found that the rules we proposed to adopt in this proceeding may have a significant impact on a substantial number of small businesses. The IRFA solicited comment on alternatives to our proposed rules that would minimize the impact on small entities consistent with the objectives of this proceeding. No comments were submitted directly in response to the IRFAs. However, as described in Section V, we have taken into account the comments submitted generally by small entities. III. Description and Estimate of the Small Entities Involved 5. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction." In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act. A small business concern 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). A small organization is generally "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field." Nationwide, as of 1992, there were approximately 275,801 small organizations. "Small governmental jurisdiction" generally means "governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000." As of 1992, there were approximately 85,006 such jurisdictions in the United States. This number includes 38,978 counties, cities, and towns; of these, 37,566, or 96 percent, have populations of fewer than 50,000. The Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of the 85,006 governmental entities, we estimate that 81,600 (91 percent) are small entities. Below, we further describe and estimate the number of small entity licensees and regulatees that may be affected by the proposed rules, if adopted. 6. Public Safety Radio Pool Licensees. As a general matter, Public Safety Radio Pool licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. Spectrum in the 700 MHz band for public safety services is governed by 47 U.S.C.  337. Non-Federal governmental entities as well as private businesses are licensees for these services. As indicated supra in para. 5 of this FRFA, all governmental entities with populations of less than 50,000 fall within the definition of a small entity. 7. Radio and Television Equipment Manufacturers. We anticipate that at least six radio equipment manufacturers will be affected by our decisions in this proceeding. According to the SBA's regulations, a radio and television broadcasting and communications equipment manufacturer must have 750 or fewer employees in order to qualify as a small business concern. Census Bureau data indicate that there are 858 U.S. firms that manufacture radio and television broadcasting and communications equipment, and that 778 of these firms have fewer than 750 employees and would therefore be classified as small entities. We do not have information that indicates how many of the six radio equipment manufacturers associated with this proceeding are among these 778 firms. However, Motorola and Ericsson are major, nationwide radio equipment manufacturers, and, thus, we conclude that these manufacturers would not qualify as small businesses. 8. Television Stations. This First Report will affect full service TV station licensees (Channels 60-69), TV translator facilities, and low power TV (LPTV) stations. The Small Business Administration defines a TV broadcasting station that has no more than $10.5 million in annual receipts as a small business. TV broadcasting stations consist of establishments primarily engaged in broadcasting visual programs by TV to the public, except cable and other pay TV services. Included in this industry are commercial, religious, educational, and other TV stations. Also included are establishments primarily engaged in TV broadcasting and which produce taped TV program materials. Separate establishments primarily engaged in producing taped TV program materials are classified under another SIC number. 9. There were 1,509 TV stations operating in the Nation in 1992. That number has remained fairly constant as indicated by the approximately 1,551 operating TV broadcasting stations in the Nation as of February 28, 1997. For 1992 the number of TV stations that produced less than $10.0 million in revenue was 1,155 establishments, or approximately 77 percent of the 1,509 establishments. There are currently 95 full service analog TV stations, either operating or with approved construction permits on channels 60-69. In the DTV Proceeding, we adopted a DTV Table which provides only 15 allotments for DTV stations on channels 60-69 in the continental United States. There are seven DTV allotments in channels 60-69 outside the continental United States. Thus, the rules will affect approximately 117 TV stations; approximately 90 of those stations may be considered small businesses. These estimates may overstate the number of small entities since the revenue figures on which they are based do not include or aggregate revenues from non-TV affiliated companies. We recognize that the rules may also impact minority-owned and women-owned stations, some of which may be small entities. In 1995, minorities owned and controlled 37 (3.0 percent) of 1,221 commercial TV stations in the United States. According to the U.S. Bureau of the Census, in 1987 women owned and controlled 27 (1.9 percent) of 1,342 commercial and non-commercial TV stations in the United States. 10. There are currently 4,977 TV translator stations and 1,952 LPTV stations. Approximately 1,309 low power TV and TV translator stations are on channels 60-69 which could be affected by policies in this proceeding. The Commission does not collect financial information of any broadcast facility and the Department of Commerce does not collect financial information on these broadcast facilities. We will assume for present purposes, however, that most of these broadcast facilities, including LPTV stations, could be classified as small businesses. As indicated earlier, approximately 77 percent of TV stations are designated under this analysis as potentially small businesses. Given this, LPTV and TV translator stations would not likely have revenues that exceed the SBA maximum to be designated as small businesses. IV. Summary of the Projected Reporting, Recordkeeping, and Other Compliance Requirements 11. The First Report and Order adopts a number of rules that will entail reporting, recordkeeping, and/or third party consultation. However, the Commission believes that these requirements are the minimum needed. The First Report and Order establishes a 700 MHz band plan, and establishes and requires planning committees to develop and submit to the Commission organizational and operational plans for the use of this spectrum. Accordingly, this First Report and Order imposes recordkeeping and reporting requirements on individuals or organizations involved in establishing the national and regional planning processes including the nationwide interoperability plan, and on individuals and organizations that assist us in developing technical standards, and on entities such as applicants and licensees, that are 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 (NGO) are required to submit, along with their request to operate in the 700 MHz band, a written statement by the authorizing state or local government entity supporting the NGO's application. V. Steps Taken by Agency to Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 13. We have reduced economic burdens wherever possible. The regulatory 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. 14. We have incorporated technical rules that promote competition in the equipment market. We believe that the rules we adopt must be as competitively and technologically-neutral as possible to allow for competing equipment designs and to avoid hindering or precluding future innovative technological developments. We note that tighter technical specifications generally allow more intense spectrum use, but may result in higher equipment costs. Conversely, while wider tolerances may allow manufacturers to use less costly component parts in transmitting equipment, they may also result in less efficient spectrum 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 coordination is the process by which a private organization recommends to the Commission the most appropriate frequencies for private land mobile radio (PLMR) service applicants. Frequency coordinators provide a valuable service to the Commission by eliminating common application errors, thereby improving the quality of the applications, resolving potential interference problems at the source. There are currently four frequency coordinators certified to coordinate frequencies for public safety applicants. We have authorized, for the general use portion of this band, each of the four currently certified frequency coordinators to coordinate public safety spectrum, whereas in the 800 MHz National Plan, coordination is limited to APCO, the sole frequency coordinator. We continue to believe that by encouraging competition among coordinators, we will promote cost-based pricing of coordination services and provide incentives for enhancing service quality. 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, we have offered each state and local governments the option of utilizing the existing infrastructure of the regional planning process. Of the nation's 55 public safety regional planning committees, most were designed along state boundaries. There were, however, states that were divided into different regions and states in multi-state regions; 700 MHz band committee memberships within each of these states will have the option to agree to be part of only one multistate region, or to form a region designated along state boundaries. Report to Congress: The Commission will send a copy of this First Report and Order and Third Notice of Proposed Rule Making, including this FRFA, in a report to be sent to Congress pursuant to the Small Business Regulatory Enforcement Fairness Act of 1996, See 5 U.S.C.  801(a)(1)(A). In addition, the Commission will send a copy of this First Report and Order and Third Notice of Proposed Rule Making, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. A copy of this First Report and Order and Third Notice of Proposed Rule Making and FRFA (or summaries thereof) will also be published in the Federal Register. See 5 U.S.C.  604(b). APPENDIX B INITIAL REGULATORY FLEXIBILITY ANALYSIS Third Notice of Proposed Rule Making As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in the present, Third Notice of Proposed Rule Making (Third Notice). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the Third Notice as provided above in the Procedural Matters section of this First Report and Order and Third Notice of Proposed Rule Making. The Commission will send a copy of the Third Notice, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. See 5 U.S.C.  603(a). In addition, the Third Notice and IRFA (or summaries thereof) will be published in the Federal Register. See id. I. Paperwork Reduction Analysis In addition, comments on information collections contained in the Third Notice of Proposed Rule Making should be filed with Judy Boley, Federal Communications Commission, Room 234, 1919 M Street, N.W., Washington, D.C. 20554, or via the Internet to jboley@fcc.gov. Furthermore, a copy of any such comments should be submitted to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 - 17th Street, 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. II. Ex Parte Presentations 1. This Third Notice is a permit-but-disclose notice and comment rule making proceeding. Ex parte presentations are permitted, provided they are disclosed as provided in Commission rules. III. Need for, and Objectives of, the Proposed Rules 2. In the Third Notice herein, we are continuing our evaluation of rules applicable to existing public safety spectrum allocations as well as those in the 700 MHz band. We seek comment on whether we should license a portion of the 700 MHz band to the regional planning committees, directly to each state or in some other manner. In addition, we propose technical criteria to protect satellite-based global navigation systems from interference. We also seek comment on proposals to promote interoperability on public safety channels below 512 MHz. Additionally, we seek comments related to the Year 2000 computer date change problem. IV. Legal Basis 3. The proposed action is authorized under Sections 4(i), 302, 303(f) and (r), 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 302, 303(f) and (r), 332, 337. V. Description and Estimate of the Number of Small Entities To Which the Proposed Rules Will Apply 4. This IRFA may affect the same entities described in detail in the FRFA, supra. We hereby incorporate that analysis into this section. 5. Public Safety Radio Pool Licensees. As a general matter, Public Safety Radio Pool licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. Spectrum in the 700 MHz band for public safety services is governed by 47 U.S.C.  337. Non-Federal governmental entities as well as private businesses are licensees for these services. As indicated supra in para. 5 of the FRFA, all governmental entities with populations of less than 50,000 fall within the definition of a small entity. In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act. A small business concern 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). A small organization is generally "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field." Nationwide, as of 1992, there were approximately 275,801 small organizations. "Small governmental jurisdiction" generally means "governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000." As of 1992, there were approximately 85,006 such jurisdictions in the United States. This number includes 38,978 counties, cities, and towns; of these, 37,566, or 96 percent, have populations of fewer than 50,000. The Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of the 85,006 governmental entities, we estimate that 81,600 (91 percent) are small entities. Below, we further describe and estimate the number of small entity licensees and regulatees that may be affected by the proposed rules, if adopted. 6. Radio and Television Equipment Manufacturers. We anticipate that at least six radio equipment manufacturers will be affected by our decisions in this proceeding. According to the SBA's regulations, a radio and television broadcasting and communications equipment manufacturer must have 750 or fewer employees in order to qualify as a small business concern. Census Bureau data indicate that there are 858 U.S. firms that manufacture radio and television broadcasting and communications equipment, and that 778 of these firms have fewer than 750 employees and would therefore be classified as small entities. We do not have information that indicates how many of the six radio equipment manufacturers associated with this proceeding are among these 778 firms. However, Motorola and Ericsson are major, nationwide radio equipment manufacturers, and, thus, we conclude that these manufacturers would not qualify as small businesses. VI. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 7. The Third Notice proposes a number of rules that will entail reporting, recordkeeping, and/or third party consultation. However, the Commission believes that these requirements are the minimum needed. The Third Notice asks for comment on alternative licensing methods for certain portions of the 700 MHz band. The licensing methods under consideration in the Notice include the possibility of imposing recordkeeping and reporting requirements on applicants for public safety licenses who may be required to make submissions to planning committees justifying their requests for spectrum. These entities will be required to submit applications for spectrum licenses on Form 601. VII. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered 8. We have reduced economic burdens wherever possible. This item seeks comment on whether we should license a 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, and contains proposals to promote interoperability on public safety channels below 512 MHz. This approach will allow the public safety community to help determine better efficiencies for all licensees subject to the new service rules, which 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 PSWAC Steering Committee's findings and recommendations included the following: (1) more sharing and joint use should be encouraged; (2) broad based efforts, such as projects on the state and regional level, to coordinate and consolidate operations are critical to articulating and meeting the needs of public safety with cost effective, spectrally efficient radio systems; (3) more flexible licensing policies are needed to encourage the use of the most spectrally-efficient technology to meet user defined needs; and (4) the Commission should consider block allocations for public safety use. 10. The PSWAC Interoperabilty Subcommittee noted that shared systems, i.e., large trunked systems which provide service to many governmental entities in a specific geographical area, offer a high greater spectrum efficiency than many smaller non-trunked systems or systems trunked on fewer channels. The most significant difficulty in establishing these types of shared systems, according to the PSWAC Final Report, is probably that they require individual agencies to surrender some autonomy in return for the efficiencies and better coverage of the larger system. In addition, the funding required to develop the infrastructure necessary to support some of the newer technologies is often too great to permit small public safety agencies to participate in new, sophisticated, spectrum efficient wireless radio systems. These same agencies, however, might be able to participate in a county-wide or state-wide system. The use of shared systems in the public safety community has also been hindered by the current licensing process, according to the PSWAC Final Report. In fact, the Commission has long encouraged public safety agencies to develop wide-area multi-agency trunked public safety radio systems. 11. With these considerations in mind, the Third Notice seeks comment on whether to license a 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 offered the option of utilizing the existing infrastructure of the Public Safety Regions. The regulatory 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. VIII. Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rules 13. None. APPENDIX C LIST OF PLEADINGS The following is a list of parties filing comments and reply comments in response to the Second Notice of Proposed Rulemaking in The Development of Operational, Technical, and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010, WT Docket No. 96-86, 12 FCC Rcd 17,706 (1997). Submissions that included or exclusively addressed the issues pertaining to the Establishment of Rules and Requirements For Priority Access Service (CPAS) are preceded by an asterisk (*). 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 Public-Safety Communications Officials-International (APCO) *Bell Atlantic Mobile, Inc. (BAM) *BellSouth Corporation (BellSouth) Brazos County Emergency Communications District (Brazos) California, State of (California) *California Public-Safety Radio Association (CA/PSRA) *Cellular Telecommunications Industry Association (CTIA) Compu-Dawn, Inc. (Compu-Dawn) 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/A-COM (M/A COM) Major Cities Police Chiefs Association (Police Chiefs) *Motorola, Inc. (Motorola) *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 20-Washington Metropolitan Area (Region 20) Region 49-Austin, 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) Reply Comments Alameda, County of (Alameda) American Association of State Hwy & Transportation Officials (AASHTO) *American Petroleum Institute (API) Aspen-Pitkin County Communications Center (Aspen-Pitkin) Association For Maximum Service Television, Inc. and National Association of Broadcasters (AMSTV/NAB) Association of Public-Safety Communications Officials-International, Inc.(APCO) *Bell Atlantic Mobile (BAM) California Public Safety Radio Association (CA-PSRA) California, State of (California) CBS Broadcasting,Inc. (CBS) Compu-Dawn (Compu-Dawn) 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) 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) WRNN-TV Associates Limited Partnership, L.P (WRNN-TV) Ex-Parte 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. APPENDIX D LIST OF REGIONS 1. Alabama 2. Alaska 3. Arizona 4. Arkansas 5. California-South (to the northernmost borders of San Luis Obispo, Kern, and San Bernardino Counties). 6. California-North (that part of California not included in California-South) 7. Colorado 8. New York-Metropolitan (Fairfield County, Litchfield, New Haven, and Middlesex, Counties, Connecticut; Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, Dutchess, and West-chester Counties, New York; Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union, Warren, Middlesex, Somerset, Hunterdon, Mercer, and Monmouth Counties, New Jersey) 9. Florida 10. Georgia 11. Hawaii 12. Idaho 13. Illinois (all except area in Region 54) 14. Indiana (all except area in Region 54) 15. Iowa 16. Kansas 17. Kentucky 18. Louisiana 19. Maine; New Hampshire; Vermont; Massa-chusetts; Rhode Island; Connecticut (except Fairfield, Litchfield, New Haven, and Middlesex Counties) 20. Maryland Washington, D.C. Virginia - Northern (Arlington, Fairfax, Fauquier, Loudoun, Prince William and Stafford Counties; and Alexandria, Fairfax, Falls Church, Manassas and Manassas Park Cities) 21. Michigan (all except area in Region 54) 22. Minnesota 23. Mississippi 24. Missouri 25. Montana 26. Nebraska 27. Nevada 28. New Jersey (except for counties included in the New York-Metropolitan, Region 8, above) Pennsylvania (Bucks, Chester, Montgomery, Philadelphia, Carbon, Columbia, Dauphin, Lackawanna, Lancastour, Northumberland, Pike, Schuylkill, Sullivan, Susquehanna, Tioga, Wayne, Wyoming and York Counties) Delaware 29. New Mexico 30. New York - Albany (all except area in New York - Metropolitan, Region 8, and New York - Buffalo, Region 55) 31. North Carolina 32. North Dakota 33. Ohio 34. Oklahoma 35. Oregon 36. Pennsylvania (all except area in Region 28, above) 37. South Carolina 38. South Dakota 39. Tennessee 40. Texas - Dallas (including the counties of Cooke, Grayson, Fannin, Lamar, Red River, Bowie, Wise, Denton, Collin, Hunt, Delta, Hopkins, Franklin, Titus, Morris, Cass, Tarrant, Dallas, Palo Pinto, Parker, Rockwall, Kaufman, Rains, VanZandt, Wood, Smith, Camp, Upshur, Gegg, Marion, Harrison, Panola, Rusk, Cherokee, Anderson, Henderson, Navarro, Ellis, Johnson, Hood, Somervell and Erath) 41. Utah 42 Virginia (all except area in Region 20, above) 43. Washington 44. West Virginia 45. Wisconsin (all except area in Region 54) 46. Wyoming 47. Puerto Rico 48. U.S. Virgin Islands 49. Texas - Austin (including the counties of Bosque, Hill, Hamilton, McLennan, Limestone, Freestone, Mills, Coryell, Falls, Robertson, Leon, San Saba, Llano, Burnet, Williamson, Burleson, Lee, Washington, Blanco, Hays, Travis, Caldwell, Bastrop, and Fayette) 50. Texas - El Paso (including the counties of Knox, Kent, Stonewall, Haskell, Throckmorton, Gaines, Dawson, Borden, Scurry, Fisher, Jones, Shakelford, Stephens, Andrews, Martin, Howard, Mitchell, Nolan, Taylor, Callahan, Eastland, Loving, Winkler, Ector, Midland, Glasscock, Sterling, Coke, Runnels, Coleman, Brown, Comanche, Culberson, Reeves, Ward, Crane, Upton, Reagan, Irion, Tom Green, Concho, McCulloch, Jeff Davis, Hudspeth, El Paso, Pecos, Crockett, Schleicher, Menard, Mason, Presidio, Brewster, Terrell, Sutton, and Kimble) 51. Texas - Houston (including the counties of Shelby, Nacogdoches, San Augustine, Sabine, Houston, Trinity, Angelina, Walker, San Jacinto, Polk, Tyler, Jasper, Newton, Montgomery, Li- berty, Hardin, Orange, Waller, Harris, Chambers, Jefferson, Galveston, Brazoria, Fort Bend, Aus- tin, Colorado, Wharton, and Matagorda) 52. Texas - Lubbock (including the counties of Dallam, Sherman, Hansford, Ochiltree, Lip- scomb, Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Grey, Whee- ler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childress, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Hardeman, Foard, Wilbarger, Witchita, Clay, Montague, Jack, Young, Archer, Baylor, King, Dickens, Crosby, Lubbock, Kock- ley, Cochran, Yoakum, Terry, Lynn, and Garza) 53. Texas - San Antonio (including the counties of Val Verde, Edwards, Kerr, Gillespie, Real, Bandera, Kendall, Kinney, Uvalde, Medina, Bexar, Comal, Guadalupe, Bonzales, Lavaca, Dewitt, Karnes, Wilson, Atascosa, Frio, Zavala, Maverick, Dimmit, LaSalle, McMillen, Live Oak, Bee, Goliad, Victoria, Jackson, Calhoun, Refugio, Aransas, San Patricio, Nueces, Jim Wells, Duval, Webb, Klegerg, Kennedy, Brooks, Jim Hogg, Zapata, Starr, Hidalgo, Willacy, and Cameron) 54. Chicago - Metropolitan (Winnebago, McHenry, Cook, Kane, Kendall, Grundy, Boone, Lake, DuPage, DeKalb, Will, and Kankakee Counties, Illinois; Kenosha, Milwaukee, Washington, Dodge, Walworth, Jefferson, Racine, Ozaukee, Waukesha, Dane, and Rock Counties, Wisconsin; Lake, La Porte, Jasper, Starke, St. Joseph, Porter, Newton, Pulaski, Marshall and Elkart Counties, Indiana; Ottawa, Kent, Van Buren, Kalamazoo, Barry, Muskegon, Allegan, Berrien, Cass, and St. Joseph Counties, Michigan) 55. New York - Buffalo (including the counties of Niagara, Chemung, Schuyler, Seneca, Erie, Chautauqua, Cattaraugus, Allegany, Wyoming, Genesee, Orleans, Monroe, Livingston, Steuben, Ontario, Wayne, and Yates) APPENDIX E FINAL RULES FOR FIRST REPORT AND ORDER Part 2 of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 2 is revised to read as follows: AUTHORITY: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless otherwise noted. 2. Section 2.103 is revised to read as follows:  2.103 Government use of non-Government frequencies. (a) Government stations may be authorized to use non-Government frequencies in the bands above 25 MHz (except the 764-776 MHz and 794-806 MHz public safety bands) if the Commission finds that such use is necessary for coordination of Government and non-Government activities: Provided, however, that: (1) Government operation on non-Government frequencies shall conform with the conditions agreed upon by the Commission and the National Telecommunications and Information Administration (the more important of which are contained in paragraphs (a)(2), (a)(3) and (a)(4) of this section); (2) Such operations shall be in accordance with Commission rules governing the service to which the frequencies involved are allocated; (3) Such operations shall not cause harmful interference to non-Government stations and, should harmful interference result, that the interfering Government operation shall immediately terminate; and (4) Government operation has been certified as necessary by the non-Government licensees involved and this certification has been furnished, in writing, to the Government agency with which communication is required. (b) Government stations may be authorized to use channels in the 764-776 MHz and 794-806 MHz public safety bands with non-Government entities if the Commission finds such use necessary; where: (1) The stations are used for interoperability or part of a Government/non-Government shared or joint-use system; (2) The Government entity obtains the approval of the non-Government (State/local government) licensee(s) or applicant(s) involved; (3) Government operation is in accordance with the Commission's Rules governing operation of this band and conforms with any conditions agreed upon by the Commission and the National Telecommunications and Information Administration; and (4) Interoperability, shared or joint-use systems are the subject of a mutual agreement between the Government and non-Government entities. This section does not preclude other arrangements or agreements as permitted under Part 90 of the Rules. See 47 CFR  90.179 and 90.421. Part 90 of Chapter I of Title 47 of the Code of Federal Regulations is amended as follows: 3. The authority citation for Part 90 is amended to read as follows: AUTHORITY: Secs. 4, 251-2, 303, 309, 332 and 337, 48 Stat 1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 337, unless otherwise noted. 4. Section 90.20 is amended by adding two entries to the table in paragraph (c)(3) and by adding a new paragraph (d)(77), to read as follows:  90.20 Public Safety Pool. * * * * * (c) * * * (3) * * * PUBLIC SAFETY POOL FREQUENCY TABLE Frequency or band Class of station(s) Limitations Coordinator * * * * * * * * * * * * * * * * * * * * 764 to 776 Base, mobile 77. PX 794 to 806 Mobile 77. PX * * * * * * * * * * * * * * * * * * * * (d) * * * (77) Subpart R of this part contains rules for assignment of channels in the 764-776 MHz and 794-806 MHz bands. * * * * * 5. Section 90.205 is amended by revising paragraph (i) to read as follows:  90.205 Power and antenna height limits. * * * * * (i) 764-776 MHz, 794-824 MHz, 851-869 MHz, 896-901 MHz and 935-940 MHz. Power and height limitations are specified in  90.635. * * * * * 6. A new Subpart R is added to read as follows: Subpart R - Regulations Governing the Licensing and Use of Frequencies in the 764-776 and 794-806 MHz Bands  90.521 Scope. This subpart sets forth the regulations governing the licensing and operations of all systems operating in the 764-776 MHz and 794-806 MHz frequency bands. It includes eligibility, operational, planning and licensing requirements and technical standards for stations licensed in these bands. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands.  90.523 Eligibility. This section implements the definition of public safety services contained in 47 U.S.C.  337(f)(1). The following are eligible to hold Commission authorizations for systems operating in the 764-776 MHz and 794-806 MHz frequency bands: (a) State or local government entities. Any territory, possession, state, city, county, town, or similar State or local governmental entity is eligible to hold authorizations in the 764-776 MHz and 794-806 MHz frequency bands. (b) Nongovernmental organizations. A nongovernmental organization (NGO) that provides services, the sole or principal purpose of which is to protect the safety of life, health, or property, is eligible to hold an authorization for a system operating in the 764-776 MHz and 794-806 MHz frequency bands for transmission or reception of communications essential to providing such services if (and only for so long as) the NGO applicant/licensee: (1) has the written, ongoing support (to operate such system) of a state or local governmental entity whose mission is the oversight of or provision of services, the sole or principal purpose of which is to protect the safety of life, health, or property; and (2) operates such authorized system solely for transmission of communication essential to providing services the sole or principal purpose of which is to protect the safety of life, health, or property. (c) All NGO authorizations are conditional. NGOs assume all risks associated with operating under conditional authority. Authorizations issued to NGOs to operate systems in the 764-776 MHz and 794-806 MHz frequency bands include the following condition: If at any time the supporting governmental entity (see paragraph (b)(1)) notifies the Commission in writing of such governmental entity's termination of its authorization of a NGO's operation of a system in the 764-776 MHz and 794-806 MHz frequency bands, the NGO's application shall be dismissed automatically or, if authorized by the Commission, the NGO's authorization shall terminate automatically. (d) Paragraphs (a) and (b) notwithstanding, no entity is eligible to hold an authorization for a system operating in the 764-776 MHz and 794-806 MHz frequency bands on the basis of services, the sole or principal purpose of which is to protect the safety of life, health or property, that such entity makes commercially available to the public.  90.527 Regional plan requirements. Each regional planning committee must submit a regional plan for approval by the Commission. (a) Common elements. Regional plans must incorporate the following common elements: (1) Identification of the document as the regional plan for the defined region with the names, business addresses, business telephone numbers, and organizational affiliations of the chairpersons and all members of the planning committee. (2) A summary of the major elements of the plan and an explanation of how all eligible entities within the region were given an opportunity to participate in the planning process and to have their positions heard and considered fairly. (3) A general description of how the spectrum would be allotted among the various eligible users within the region with an explanation of how the requirements of all eligible entities within the region were considered and, to the degree possible, met. (4) An explanation as to how needs were assigned priorities in areas where not all eligible entities could receive licenses. (5) An explanation of how the plan had been coordinated with adjacent regions. (6) A detailed description of how the plan put the spectrum to the best possible use by requiring system design with minimum coverage areas, by assigning frequencies so that maximum frequency reuse and offset channel use may be made, by using trunking, and by requiring small entities with minimal requirements to join together in using a single system where possible. (7) A detailed description of the future planning process, including, but not limited to, amendment process, meeting announcements, data base maintenance, and dispute resolution. (8) A certification by the regional planning chairperson that all planning committee meetings, including subcommittee or executive committee meetings, were open to the public. (b) Modification of Regional Plans. Regional plans may be modified by submitting a written request, signed by the regional planning committee, to the Chief, Wireless Telecommunications Bureau. The request must contain the full text of the modification, and must certify that successful coordination of the modification with all adjacent regions has occurred and that all such regions concur with the modification.  90.531 Band plan. This section sets forth the band plan for the 764-776 MHz and 794-806 MHz public safety bands. (a) Base and mobile use. The 764-776 MHz band may be used for base, mobile or fixed (repeater) transmissions. The 794-806 MHz band may be used only for mobile or fixed (control) transmissions. (b) Narrowband segments. There are four band segments that are designated for use with narrowband emissions. Each of these narrowband segments is divided into 480 channels having a channel size of 6.25 kHz as follows: Frequency Range Channel Numbers 764 - 767 MHz 1 - 480 773 - 776 MHz 481 - 960 794 - 797 MHz 961 - 1440 803 - 806 MHz 1441 - 1920 (1) Narrowband nationwide interoperability channels. The following narrowband channels are designated for nationwide interoperability licensing and use: 55, 56, 59, 60, 67, 68, 135, 136, 139, 140, 147, 148, 215, 216, 219, 220, 227, 228, 295, 296, 299, 300, 307, 308, 375, 376, 379, 380, 387, 388, 467, 468, 535, 536, 539, 540, 547, 548, 615, 616, 619, 620, 627, 628, 695, 696, 699, 700, 707, 708, 775, 776, 779, 780, 787, 788, 855, 856, 859, 860, 867, 868, 947, 948, 1015, 1016, 1019, 1020, 1027, 1028, 1095, 1096, 1099, 1100, 1107, 1108, 1175, 1176, 1179, 1180, 1187, 1188, 1255, 1256, 1259, 1260, 1267, 1268, 1335, 1336, 1339, 1340, 1347, 1348, 1427, 1428, 1495, 1496, 1499, 1500, 1507, 1508, 1575, 1576, 1579, 1580, 1587, 1588, 1655, 1656, 1659, 1660, 1667, 1668, 1735, 1736, 1739, 1740, 1747, 1748, 1815, 1816, 1819, 1820, 1827, 1828, 1907, 1908. (2) Reserved narrowband channels. The following narrowband channels are reserved pending further Commission action in WT Docket No. 96-86 (proceeding pending): 53, 54, 57, 58, 61-66, 69-80, 133, 134, 137, 138, 141-146, 149-160, 213, 214, 217, 218, 221-226, 229-240, 293, 294, 297, 298, 301-306, 309-320, 373, 374, 377, 378, 381-386, 389-400, 453-466, 469-480, 533, 534, 537, 538, 541-546, 549-560, 613, 614, 617, 618, 621-626, 629-640, 693, 694, 697, 698, 701-706, 709-720, 773, 774, 777, 778, 781-786, 789-800, 853, 854, 857, 858, 861-866, 869-880, 933-946, 949-960, 1013, 1014, 1017, 1018, 1021-1026, 1029-1040, 1093, 1094, 1097, 1098, 1101-1106, 1109-1120, 1173, 1174, 1177, 1178, 1181-1186, 1189-1200, 1253, 1254, 1257, 1258, 1261-1266, 1269-1280, 1333, 1334, 1337, 1338, 1341-1346, 1349-1360, 1413-1426, 1429-1440, 1493, 1494, 1497, 1498, 1501-1506, 1509-1520, 1573, 1574, 1577, 1578, 1581-1586, 1589-1600, 1653, 1654, 1657, 1658, 1661-1666, 1669-1680, 1733, 1734, 1737, 1738, 1741-1746, 1749-1760, 1813, 1814, 1817, 1818, 1821-1826, 1829-1840, 1893-1906, 1909-1920. (3) Narrowband general use channels. All narrowband channels established in paragraph (b), other than those listed in paragraphs (b)(1) and (b)(2), are designated for exclusive assignment to public safety eligibles subject to Commission-approved regional planning committee regional plans. (c) Wideband segments. There are two band segments that are designated for use with wideband emissions. Each of these wideband segments is divided into 120 channels having a channel size of 50 kHz as follows: Frequency Range Channel Numbers 767 - 773 MHz 1 - 120 797 - 803 MHz 121 - 240 (1) Wideband nationwide interoperability channels. The following wideband channels are designated for nationwide interoperability licensing and use: 7-9, 34-36, 58-63, 85-87, 112-114, 127-129, 154-156, 178-183, 205-207, 232-234. (2) Reserved wideband channels. The following wideband channels are reserved pending further Commission action in WT Docket No. 96-86 (proceeding pending): 1-6, 37-57, 64-84, 115-126, 157-177, 184-204, 235-240. (3) Wideband general use channels. All wideband channels established in paragraph (c), except for those listed in paragraphs (c)(1) and (c)(2), are designated for shared assignment to public safety eligibles subject to Commission-approved regional planning committee regional plans. (d) Combining channels. At the discretion of the appropriate regional planning committee, contiguous channels may be used in combination in order to accommodate requirements for larger bandwidth emissions, in accordance with this paragraph. As an exception to this general rule, channels designated for nationwide interoperability use must not be combined with channels that are not designated for nationwide interoperability use. (1) Narrowband. Two or four contiguous narrowband (6.25 kHz) channels may be used in combination as 12.5 kHz or 25 kHz channels, respectively. The lower (in frequency) channel for two channel combinations must be an odd (i.e. 1, 3, 5 ...) numbered channel. The lowest (in frequency) channel for four channel combinations must be a channel whose number is equal to 1+(4 n), where n = any integer between 0 and 479, inclusive (e.g. channel number 1, 5, ... 1917). Channel combinations 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. (2) Wideband. Two or three contiguous wideband (50 kHz) channels may be used in combination as 100 kHz or 150 kHz 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 integer between 0 and 79, 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 1+(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 hyphen, e.g. "1-2" for a two channel combination and "1-3" for a three channel combination. (f) Channel pairing. In general, channels must be planned and assigned in base/mobile pairs that are separated by 30 MHz. However, until December 31, 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 30 MHz base/mobile pairing is precluded by the presence of one or more co-channel or adjacent channel TV/DTV broadcast stations.  90.533 Transmitting 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 764-776 MHz and 794-806 MHz bands, at a location or locations North of Line A (see  90.7) or within 120 kilometers (75 miles) 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 non- broadcast use of the 764-776 MHz and 794-806 MHz bands.  90.535 Modulation and spectrum usage efficiency requirements. Transmitters designed to operate in 764-776 MHz and 794-806 MHz frequency bands must meet the following modulation standards: (a) All transmitters in the 764-776 MHz and 794-806 MHz 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 4.8 kbps in a 6.25 kHz 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 384 kbps in a 150 kHz bandwidth.  90.537 Trunking requirement. All systems using six or more narrowband channels in the 764-776 MHz and 794-806 MHz frequency bands must be trunked systems, except for those using the designated nationwide interoperability channels.  90.539 Frequency stability. Transmitters designed to operate in 764-776 MHz and 794-806 MHz 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 100 parts per billion or better. (c) The frequency stability of mobile, portable and control transmitters operating in the narrowband segment must be 400 parts per billion or better when AFC is locked to a base station, and 2.5 parts per million or better when AFC is not locked. (d) The frequency stability of base transmitters operating in the wideband segment must be 1 part per million or better. (e) The frequency stability of mobile, portable and control transmitters operating in the wideband segment must be 1.25 parts per million or better when AFC is locked to a base station, and 5 parts per million or better when AFC is not locked.  90.541 Transmitting power limits. The transmitting power of base, mobile, portable and control stations operating in the 764-776 MHz and 794-806 MHz 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 30 Watts. (c) The transmitter output power of portable (hand-held) transmitters must not exceed 3 Watts. (d) Mobile and portable transmitters must be designed to employ automatic power control.  90.543 Emission limitations. Transmitters designed to operate in 764-776 MHz and 794-806 MHz 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. 6.25 kHz Mobile Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm) 6.25 6.25 -40 not specified 12.5 6.25 -60 -45 18.75 6.25 -60 -45 25 6.25 -65 -50 37.5 25 -65 -50 62.5 25 -65 -50 87.5 25 -65 -50 150 100 -65 -50 250 100 -65 -50 >400 to receive band 30 (s) -75 -55 in the receive band 30 (s) -100 -70 12.5 kHz Mobile Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm) 9.375 6.25 -40 not specified 15.625 6.25 -60 -45 21.875 6.25 -60 -45 37.5 25 -65 -50 62.5 25 -65 -50 87.5 25 -65 -50 150 100 -65 -50 250 100 -65 -50 >400 to receive band 30 (s) -75 -55 in the receive band 30 (s) -100 -70 25 kHz Mobile Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm) 15.625 6.25 -40 not specified 21.875 6.25 -60 -45 37.5 25 -65 -50 62.5 25 -65 -50 87.5 25 -65 -50 150 100 -65 -50 250 100 -65 -50 >400 to receive band 30 (s) -75 -55 in the receive band 30 (s) -100 -70 150 kHz Mobile Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP Relative (dBc) Maximum ACCP Absolute (dBm) 100 50 -40 not specified 200 50 -50 -35 300 50 -50 -35 400 50 -50 -35 600 to 1000 30 (s) -60 -45 1000 to receive band 30 (s) -70 -55 in the receive band 30 (s) -100 -75 6.25 kHz Base Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP (dBc) 6.25 6.25 -40 12.5 6.25 -60 18.75 6.25 -60 25 6.25 -65 37.5 25 -65 62.5 25 -65 87.5 25 -65 150 100 -65 250 100 -65 >400 to receive band 30 (s) -80 (continues @-6dB/oct) in the receive band 30 (s) -100 12.5 kHz Base Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP (dBc) 9.375 6.25 -40 15.625 6.25 -60 21.875 6.25 -60 37.5 25 -60 62.5 25 -65 87.5 25 -65 150 100 -65 250 100 -65 >400 to receive band 30 (s) -80 (continues @-6dB/oct) In the receive band 30 (s) -100 25 kHz Base Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP (dBc) 15.625 6.25 -40 21.875 6.25 -60 37.5 25 -60 62.5 25 -65 87.5 25 -65 150 100 -65 250 100 -65 >400 to receive band 30 (s) -80 (continues @-6dB/oct) in the receive band 30 (s) -100 150 kHz Base Transmitter ACCP Requirements Offset from Center Frequency (kHz) Measurement Bandwidth (kHz) Maximum ACCP (dBc) 100 50 -40 200 50 -50 300 50 -55 400 50 -60 600 to 1000 30 (s) -65 1000 to receive band 30 (s) -75 (continues @ -6dB/oct) in the receive band 30 (s) -100 (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 transmitter s antenna. Measurement bandwidth used below implies an instrument that measures the power in many narrow bandwidths (e.g. 300 Hz) and integrates these powers across a larger band to determine power in the measurement bandwidth. (1) Setting reference level: Using a spectrum analyzer capable of ACCP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz. 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". (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. (3) Measuring the power level at frequency offsets >600kHz: Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep ñ 6 MHz 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 600 kHz must be less than the values in the tables above. (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. (c) Out-of-band 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 + 10 log (P) dB. (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.  90.545 TV/DTV interference protection criteria. Public safety base, control, and mobile transmitters in the 764-776 MHz and 794-806 MHz 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 TV Channels 62, 63, 64, 65, 67, 68 or 69. (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 co-channel stations is 40 dB at the hypothetical Grade B contour (64 dBæV/m) (88.5 kilometers or 55.0 miles) of the TV station or 17 dB at the equivalent Grade B contour (41 dBæV/m) (88.5 kilometers or 55.0 miles) of the DTV station. (2) The minimum D/U ratio for adjacent channel stations is 0 dB at the hypothetical Grade B contour (64 dBæV/m) (88.5 kilometers or 55.0 miles) of the TV station or -23 dB at the equivalent Grade B contour (41 dBæV/m) (88.5 kilometers or 55.0 miles) of the DTV station. (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 1000 watts. (2) Each control station is limited to a maximum ERP of 200 watts and a maximum HAAT of 61 m. (200 ft). (3) Each mobile station is limited to a maximum ERP of 30 watts and a maximum antenna height of 6.1 m. (20 ft.). (4) Each portable (handheld) transmitter is limited to a maximum ERP of 3 watts. (5) All transmitters are subject to the power reductions given in Figure B of  90.309 of this chapter, for antenna heights higher than 152 meters (500 ft). (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 Grade B contour of 88.5 kilometers (55.0 miles), are located in  90.309 and labeled as Tables B, 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 Part 73 of this chapter and in the final proceedings of MM Docket No. 87-268. The DTV allotments are: STATE CITY NTSC TV Ch. DTV Ch. ERP (kW) HAAT (m) California Stockton 64 62 63.5 874 California Los Angeles 11 65 688.7 896 California Riverside 62 68 180.1 723 California Concord 42 63 61.0 856 Pennsylvania Allentown 39 62 50.0 302 Pennsylvania Philadelphia 6 64 1000.0 332 Pennsylvania Philadelphia 10 67 791.8 354 Puerto Rico Aguada 50 62 50.0 343 Puerto Rico Mayaguez 16 63 50.0 347 Puerto Rico Naranjito 64 65 50.0 142 Puerto Rico Aguadilla 12 69 691.8 665 The transition period is scheduled to end on December 31, 2006. After that time, unless otherwise directed by the Commission, public safety stations will no longer be required to protect reception of co-channel 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, (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 152 m. (500 ft.) shall afford protection to co-channel and adjacent channel TV/DTV stations in accordance with the values specified in Table B (co-channel frequencies based on 40 dB protection) and Table E (adjacent channel frequencies based on 0 dB protection) in  90.309 of this part. For base stations having an antenna height (HAAT) between 152-914 meters (500-3,000 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- channel 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 (method 2) that actual terrain considerations are such as to provide the desired protection at the actual Grade B contour (64 dBæV/m for TV and 41 dBæV/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 Grade B contour (64 dBæV/m for TV and 41 dBæV/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  73.683-685 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 co-channel and adjacent channel TV/DTV stations in accordance with the values specified in Table D (co-channel frequencies based on 40 dB protection) in  90.309 of this part and a minimum distance of 8 kilometers (5 miles) from all adjacent channel TV/DTV station hypothetical or equivalent Grade B contours. (adjacent channel frequencies based on 0 dB 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 applicants to ensure that all the appropriate TV/DTV stations are considered (e.g. a base station may be operating on TV Channel 64 and the mobiles on TV Channel 69, in which case TV Channels 63, 64, 65, 68, and 69 must be protected). Control and mobile stations shall keep a minimum distance of 96.5 kilometers (60 miles) 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 co-channel 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 (96.5 km). DISTANCE FACTOR = ( TV/DTV HAAT 350 ) ö 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. For all co-channel and adjacent channel TV/DTV stations which have an antenna height above average terrain greater than 600 meters, public safety stations must add 18 kilometers 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 (96.5 km). Note: The 88.5 km (55.0 mi) Grade B service contour (64 dBæV/m) is based on a hypothetical TV station operating at an effective radiated power of one megawatt, a transmitting antenna height above average terrain of 610 meters (2000 feet) and the Commission's R-6602 F(50,50) curves. See  73.699 of this chapter. Maximum facilities for TV stations operating in the UHF band are 5 megawatts effective radiated power at an antenna HAAT of 610 meters (2,000 feet). See  73.614 of this chapter. The equivalent contour for DTV stations is based on a 41 dBæV/m signal strength and the distance to the F(50,90) curve. See  73.625 of this chapter.  90.547 Interoperability channel capability requirement. Mobile and portable transmitters designed pursuant to standards adopted by the National Coordination Committee to operate in the 764-776 MHz and 794-806 MHz frequency bands must be capable of operating on any of the designated nationwide narrowband interoperability channels approved by the Commission.  90.549 Transmitter certification. Transmitters operated in the 764-776 MHz and 794-806 MHz frequency bands must be certificated as required by  90.203.  90.551 Construction requirements. Each station authorized under this subpart to operate in the 764-776 MHz and 794-806 MHz frequency bands must be constructed and placed into operation within 12 months from the date of grant of the authorization. However, licensees may request a longer construction period, up to but not exceeding 5 years, pursuant to  90.155(b). APPENDIX F PROPOSED RULES FOR THIRD NOTICE OF PROPOSED RULE MAKING Part 90 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 90 continues to read as follows: AUTHORITY: Secs. 4, 251-2, 303, 309, 332 and 337, 48 Stat 1066, 1082, as amended; 47 U.S.C. 154, 251-2, 303, 309 and 337, unless otherwise noted. 2. Section 90.1 is amended by revising paragraph (b), to read as follows:  90.1 Basis and purpose. * * * * * (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. * * * * * 3. Section 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:  90.20 Public Safety Pool. * * * * * (c) * * * (3) * * * PUBLIC SAFETY POOL FREQUENCY TABLE Frequency or band Class of station(s) Limitations Coordinator * * * * * * * * * * * * * * * * * * * * 151.1375 Base or mobile 27, 28, 78. PH * * * * * * * * * * * * * * * * * * * * 154.4525 Base or mobile 27, 28, 78. PF * * * * * * * * * * * * * * * * * * * * 155.7525 Base or mobile 27, 78. PX * * * * * * * * * * * * * * * * * * * * 158.7375 Base or mobile 27, 78. PP * * * * * * * * * * * * * * * * * * * * 159.4725 Base or mobile 27, 78. PO * * * * * * * * * * * * * * * * * * * * 453.20625 Base or mobile 44, 78. PX * * * * * * * * * * * * * * * * * * * * 453.99375 Base or mobile 44, 78. PX * * * * * * * * * * * * * * * * * * * * 458.20625 Mobile 44, 78. PX * * * * * * * * * * * * * * * * * * * * 458.99375 Mobile 44. 78. PX * * * * * * * * * * * * * * * * * * * * (d) * * * (78) These channels are designated for interoperability-only use. * * * * * (g) VPC interoperability frequencies. (1) Working channels in the VHF 156-162 MHz 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 25 kHz 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 156-162 MHz band are VHF Public Coast areas (VPCs). As listed in Table A to this paragraph, these areas are based on, and composed of one or more of, the U.S Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 (March 10, 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. Table A - List of Channels Available by Public Coast Area VHF Public Coast Areas (VPCs) VPCs EAs Channel Pairs 1 (Northern Atlantic) 1-5, 10 none 2 (Mid-Atlantic) 9, 11-23, 25, 42, 46 none 3 (Southern Atlantic) 24, 26-34, 37, 38, 40, 41, 174 none 4 (Mississippi River) 34, 36, 39, 43-45, 47-53, 67-107, 113, 116-120, 122-125, 127, 130-134, 176 none 5 (Great Lakes) 6-8, 54-66, 108, 109 none 6 (Southern Pacific) 160-165 none 7 (Northern Pacific) 147, 166-170 none 8 (Hawaii) 172, 173, 175 none 9 (Alaska) 171 none 10 (Grand Forks) 110 25, 84 11 (Minot) 111 25, 84 12 (Bismarck) 112 25, 84 13 (Aberdeen) 114 25, 84 14 (Rapid City) 115 25, 84 15 (North Platte) 121 25, 84 16 (Western Oklahoma) 126 25, 85 17 (Abilene) 128 25, 85 18 (San Angelo) 129 25, 85 19 (Odessa-Midland) 135 25, 85 20 (Hobbs) 136 25, 85 21 (Lubbock) 137 25, 85 22 (Amarillo) 138 25, 85 23 (Santa Fe) 139 25, 84 24 (Pueblo) 140 25, 84 25 (Denver-Boulder-Greeley) 141 25, 84 26 (Scottsbluff) 142 25, 84 27 (Casper) 143 25, 84 28 (Billings) 144 25, 84 29 (Great Falls) 145 25, 84 30 (Missoula) 146 25, 84 31 (Idaho Falls) 148 25, 85 32 (Twin Falls) 149 25, 85 33 (Boise City) 150 25, 84 34 (Reno) 151 25, 84 35 (Salt Lake City-Ogden) 152 25, 85 36 (Las Vegas) 153 25, 84 37 (Flagstaff) 154 25, 84 38 (Farmington) 155 25, 84 39 (Albuquerque) 156 25, 84 40 (El Paso) 157 25, 85 41 (Phoenix-Mesa) 158 25, 84 42 (Tucson) 159 25, 84 Table B - List of Channel Center Frequencies by Corresponding Channel Number Channel Number Base Station Transmit Center Frequency in MHz Mobile Station Transmit Center Frequency in MHz 25 161.850 157.250 84 161.825 157.225 85 161.875 157.275 (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 50 Watts for base stations and 20 Watts for mobile stations, except in accordance with the provisions of paragraph (vi). Antenna height (HAAT) must not exceed 122 meters (400 feet) for base stations and 4.5 meters (15 feet) 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) 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. (d) Where the Public Safety designated channel is not a Public Safety designated channel in an adjacent EA: Applicants shall engineer base stations such that the maximum signal strength at the boundary of the adjacent EA does not exceed 5 dBæV/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 July 6, 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. Table C - Required Separation in Kilometers (Miles) of Base Station From Public Coast Stations Base Station Characteristics HAAT ERP (watts) Meters (feet) 400 300 200 100 50 15 (50) 138 (86) 135 (84) 129 (80) 129 (80) 116 (72) 30 (100) . . . 154 (96) 151 (94) 145 (90) 137 (85) 130 (81) 61 (200) . . . 166 (103) 167 (104) 161 (100) 153 (95) 145 (90) 122 (400) 187 (116) 177 (110) 183 (114) 169 (105) 159 (99) (v) In the event of interference, the Commission may require, without a hearing, licensees of base stations authorized under this section that are located within 241 kilometers (150 miles) of a co-channel public coast, I/LT, or grandfathered public safety station licensed prior to July 6, 1998, or an international border, to reduce power, decrease antenna height, and/or install directional antennas. Mobile stations must be operated only within radio range of their associated base station. (vi) Applicants seeking to be licensed for stations exceeding the power/antenna height limits of the table in paragraph (iv) must request a waiver of that paragraph and must submit with their application an interference analysis, based upon an appropriate, generally-accepted terrain-based propagation model, that shows that co-channel protected entities, described in paragraph (iii), would receive the same or greater interference protection than the relevant criteria outlined in paragraph (iii). 4. Section 90.179 is amended by revising paragraph (a) to read as follows:  90.179 Shared use of radio stations. * * * * * (a) Persons may share a radio station only on frequencies for which they would be eligible for a separate authorization. Licensees under Subpart R may share the use of their systems with any entity that would be eligible for licensing under  90.523 and Federal government entities. * * * * * 5. A new section 90.553 is added to read as follows:  90.553 GNSS protection. In order to provide adequate protection to receivers of the Global Navigation Satellite System (GNSS) which will utilize the Radionavigation-Satellite Service (space-to-Earth) band, mobile units must meet a minimum second harmonic suppression standard in the frequency range of 1559-1605 MHz of 90 dB down from the maximum effective radiated power of the carrier and handhelds and portable units must meet a minimum second harmonic suppression standard in the frequency range of 1559-1605 MHz of 80 dB down from the maximum effective radiated power of the carrier. This standard applies only to equipment operating in the frequency range of 779.5-802.5 MHz. APPENDIX G Technical Analysis of Second Harmonics Pertaining to Global Navigation Satellite System (GNSS) Receivers 1. This section analyzes the proposed public safety base, control, and mobile stations second harmonic suppression levels needed to meet an out-of-band signal value of -80 dBW/700 Hz at a distance of 30 meters (100 feet) from GLONASS and GPS receivers as recommended by the NTIA and FAA based on the RTCA Inc. Special Committee 159 in its final report. 2. Mobile Satellite Service Standards. We consider power densities and absolute values of interference levels such as those raised by NTIA in the licensing of Mobile Satellite Service (MSS) earth terminals which operate in the band 1610-1660.5 MHz (adjacent channel). In the referenced letter, NTIA and the FAA recommended to the Commission that MSS out-of-band signals be limited to -70 dBW/MHz for wide band emissions and -80 dBW/700 Hz for narrow band emissions (both values were determined at a distance of 30 meters from the GPS or GLONASS receiver) to protect GLONASS receivers in the 1559-1605 Mhz band after January 1, 2002, and -64 dBW/MHz and -74 dBW/700 Hz for narrow band emissions prior to January 1, 2002. We choose the levels after January 1, 2002 since these values represent the worse case scenario. We compare the absolute signal levels of mobile units for the proposed bandwidths of 25 kHz, 12.5 kHz, and 6.25 kHz with the value of -80 dB/700 Hz from the GLONASS receiver for narrow band emissions. We have not compared the value of -70 dBW/MHz for wide band emissions because this value was developed primarily for MSS transmitters and the public safety equipment will operate with narrow band emissions usually of 25 kHz or below and not over 50 kHz for the wide band channels. 3. We understand that the -80 dBW is used as an effective radiated power (ERP) for the second harmonic from our mobile stations. A mobile with an output power of 30 watts operating on 800 MHz has an ERP of 14.77 dBW. A 3 watt handheld has an ERP of 4.77 dBW. The 30 watt mobile would need 95 dB of harmonic suppression to meet the -80 dBW level, and the 3 watt handheld would need 85 dB of harmonic suppression to meet the -80 dBW level. This compares to our present rules under Section 90.210 which requires 35 dB of suppression for out-of-band signals removed from the carrier up to 250% and 58 dB of suppression for 30 watt mobiles for signals over 250% and 48 dB of suppression for 3 watt mobiles.