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E. Unfunded Mandates Reform Act Department of Homeland Security Delegation enforced, in accordance with 33 CFR No. 0170.1. The Unfunded Mandates Reform Act 165.7. of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T11–030 to read as Howard H. Wright, Federal agencies to assess the effects of follows: Captain, U.S. Coast Guard, Alternate Captain their discretionary regulatory actions. In of the Port, San Francisco. particular, the Act addresses actions § 165.T11–030 Safety Zone; Tiburon [FR Doc. 2020–15431 Filed 7–15–20; 8:45 am] Wedding Fireworks Display, Richardson that result in the expenditure by a BILLING CODE 9110–04–P State, local, or tribal government, in the Bay, Tiburon, CA. aggregate, or by the private sector of (a) Location. The following area is a $100,000,000 (adjusted for inflation) or safety zone: All navigable waters of FEDERAL COMMUNICATIONS more in any one year. Though this rule Richardson Bay, from surface to bottom, COMMISSION will not result in such an expenditure, within a circle formed by connecting all we do discuss the effects of this rule points 100 feet out from the fireworks 47 CFR Parts 1, 2, 20, 27, and 90 elsewhere in this preamble. barge during the loading and staging at [WT Docket No. 17–200; FCC 20–67; FRS F. Environment Pier 50 in San Francisco, as well as 16788] transit and arrival to Tiburon, CA. We have analyzed this rule under Between 8:45 p.m. and 10 p.m. on July Review of the Commission’s Rules Department of Homeland Security 17, 2020, the safety zone will expand to Governing 896–901/935–940 MHz Band Directive 023–01 and U.S. Coast Guard all navigable waters, from surface to Environmental Planning Policy, AGENCY: Federal Communications bottom, within a circle formed by COMDTINST 5090.1 (series), which Commission. connecting all points 560 feet out from guide the Coast Guard in complying ACTION: Final rule. the fireworks barge in approximate with the National Environmental Policy ° ′ ″ ° ′ ″ Act of 1969 (42 U.S.C. 4321–4370f), and position 37 51 42.93 N, 122 27 48.53 SUMMARY: In this document, the have determined that this action is one W (NAD 83). Commission adopts rules for broadband of a category of actions that do not (b) Definitions. As used in this license operations in the 897.5–900.5/ individually or cumulatively have a section, ‘‘designated representative’’ 936.5–939.5 MHz segment of the 900 significant effect on the human means a Coast Guard Patrol MHz band (896–901/935–940 MHz). environment. This rule involves a safety Commander, including a Coast Guard The new rules are necessary because zone lasting less than 24 hours, which coxswain, petty officer, or other officer many 900 MHz licensees, including prevents entry to a 560-foot radius area operating a Coast Guard vessel or a utilities and other industrial users, will of Richardson Bay. It is categorically Federal, State, or local officer require additional coverage and capacity excluded from further review under designated by or assisting the Captain of to keep pace with the expanding need paragraph L60(a) in Table 3–1 of the Port San Francisco (COTP) in the for enhanced connectivity. The Department of Homeland Security enforcement of the safety zone. intended effect of adopting rules for 900 Directive 023–01. A Record of MHz broadband license operations is to (c) Regulations. (1) Under the general address many 900 MHz licensees’ Environmental Consideration safety zone regulations in subpart B of supporting this determination is current and future needs because this part, you may not enter the safety broadband can offer next generation available in the docket where indicated zone described in paragraph (a) of this under ADDRESSES. services not typically associated with section unless authorized by the COTP narrowband systems. In this document, G. Protest Activities or the COTP’s designated representative. the Commission also proposes to modify The Coast Guard respects the First (2) The safety zone is closed to all the 900 MHz nationwide ribbon license Amendment rights of protesters. vessel traffic, except as may be held by the Association of American Protesters are asked to contact the permitted by the COTP or the COTP’s Railroads, which would clear a person listed in the FOR FURTHER designated representative. prominent nationwide incumbent from INFORMATION CONTACT section to (3) Vessel operators desiring to enter the new broadband segment and enable coordinate protest activities so that your or operate within the safety zone must significant advancements to railroad message can be received without contact the COTP or the COTP’s safety. The Commission denies a jeopardizing the safety or security of designated representative to obtain petition for rulemaking requested by the people, places or vessels. permission to do so. Vessel operators Enterprise Wireless Association. Lastly, the Commission adopts a partial lifting List of Subjects in 33 CFR Part 165 given permission to enter or operate in the safety zone must comply with all of the 900 MHz application freeze. Harbors, Marine safety, Navigation lawful orders or directions given to DATES: (water), Reporting and recordkeeping them by the COTP or the COTP’s Effective date: 17, 2020. Compliance date: Compliance will requirements, Security measures, designated representative. Persons and not be required for §§ 27.1503 and Waterways. vessels may request permission to enter 27.1505 until the Commission publishes For the reasons discussed in the the safety zone on VHF–23A or through a document in the Federal Register preamble, the Coast Guard amends 33 the 24-hour Command Center at announcing that compliance date. CFR part 165 as follows: telephone (415) 399–3547. ADDRESSES: 445 12th Street SW, PART 165—REGULATED NAVIGATION (d) Enforcement period. This section Washington, DC 20554. AREAS AND LIMITED ACCESS AREAS will be enforced from 9 a.m. until 10 FOR FURTHER INFORMATION CONTACT: p.m. on , 2020. Jessica Quinley, Wireless ■ 1. The authority citation for part 165 (e) Information broadcasts. The COTP Telecommunications Bureau, Mobility continues to read as follows: or the COTP’s designated representative Division, 202–418–1991 or Authority: 46 U.S.C. 70034, 70051; 33 CFR will notify the maritime community of [email protected]. For 1.05–1, 6.04–1, 6.04–6, and 160.5; periods during which this zone will be information regarding the PRA

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information collection requirements, general public, and other Federal to relocate their narrowband operations contact Cathy Williams, Office of agencies will be invited to comment on to facilitate the transition to broadband. Managing Director, at 202–418–2918 or the new or modified information II. Background [email protected]. collection requirements contained in SUPPLEMENTARY INFORMATION: This is a this proceeding. In addition, the 3. The 900 MHz band (896–901/935– summary of the Report and Order, Commission notes that, pursuant to the 940 MHz) consists of 399 narrowband Order of Proposed Modification, and Small Business Paperwork Relief Act of 12.5 kilohertz frequency pairs grouped Orders in WT Docket No. 17–200, FCC 2002, Public Law 107–198, see 44 U.S.C. into 10-channel blocks that alternate 20–67, adopted , 2020, and 3506(c)(4), the Commission previously between Business/Industrial/Land released , 2020, as modified by sought, but did not receive, specific Transportation licensees and an Erratum released , 2020. The comment on how the Commission might Specialized Mobile Radio providers. full text of the Report and Order, Order further reduce the information While some 900 MHz licensees will of Proposed Modification, and Orders is collection burden for small business continue to rely on narrowband available for public inspection at the concerns with fewer than 25 employees. deployments, many 900 MHz licensees, following internet address: https:// The Commission describes impacts that including utilities and other industrial docs.fcc.gov/public/attachments/FCC- might affect small businesses, which users, will require additional coverage 20-67A1.pdf. Alternative formats are includes business with fewer than 25 and capacity to keep pace with the available for people with disabilities employees, in the FRFA. expanding need for enhanced (Braille, large print, electronic files, connectivity. Broadband is an effective audio format), by sending an email to Congressional Review Act tool for addressing many 900 MHz [email protected] or calling the The Commission will send a copy of licensees’ current and future needs, and Consumer and Governmental Affairs the Report and Order, Order of it can offer next generation services not Bureau at 202–418–0530 (voice) or 202– Proposed Modification, and Orders to typically associated with narrowband 418–0432 (TTY). Congress and the Government systems. Accountability Office pursuant to the Final Regulatory Flexibility Analysis III. Report and Order Congressional Review Act, see 5 U.S.C. The Regulatory Flexibility Act of 801(a)(1)(A). A. Transition of 900 MHz Band To 1980, as amended (RFA), requires that Enable Broadband Deployment Synopsis an agency prepare a regulatory 1. Band Realignment To Create a 3/3 flexibility analysis for notice and I. Introduction Megahertz Broadband Segment comment rulemakings, unless the 1. In the Report and Order, the agency certifies that ‘‘the rule will not, 4. The Commission creates a if promulgated, have a significant Commission realigns the 900 MHz band broadband segment consisting of paired economic impact on a substantial to make available six of the band’s ten three megahertz channels (3/3 number of small entities.’’ Accordingly, megahertz for the deployment of megahertz) in the 897.5–900.5/936.5– the Commission has prepared a Final broadband services and technologies on 939.5 MHz portion of the 900 MHz Regulatory Flexibility Analysis (FRFA) a county-by-county basis, while band. The Commission reserves two concerning the possible impact of the reserving the band’s remaining four narrowband segments—896–897.5/935– rule changes contained in this Report megahertz for continued narrowband 936.5 MHz and 900.5–901/939.5–940 and Order on small entities. As required operations. Band realignment is MHz—on either side of the broadband by the Regulatory Flexibility Act, an necessary to meet the ever-increasing segment. The band realignment will Initial Regulatory Flexibility Analysis spectrum capacity demands of a wide result in one paired three megahertz (IRFA) was incorporated in the Notice of range of industries, such as utilities and broadband segment that is compliant Proposed Rulemaking (NPRM) released railroads, and other private land mobile with 3rd Generation Partnership Project in 2019 in this proceeding (84 FR radio services. The Report and Order standards and two narrowband 12987, 3, 2019; 84 FR 14641, April adopts a primarily negotiation-based segments consisting of a paired 1.5 11, 2019). The Commission sought transition mechanism, establishes megahertz block and a paired .5 written public comment on the eligibility criteria for new broadband megahertz block, respectively. The new proposals in the NPRM, including licenses, allows for mandatory band plan maintains the operational comments on the IRFA. No comments relocation in narrow circumstances, and status quo of licensees within the 900 were filed addressing the IRFA. This establishes anti-windfall payment MHz band and provides substantial FRFA conforms to the RFA. The obligations, application requirements, spectral separation to reduce the Commission will send a copy of the transition procedures, and operating potential for interference to adjacent Report and Order, Order of Proposed and technical rules. band services. 2. In the Order of Proposed Modification, and Orders, including the 2. Transition Process FRFA, to the Chief Counsel for Modification, the Commission proposes Advocacy of the Small Business to modify the 900 MHz nationwide 5. The Commission relies primarily Administration. ribbon license held by the Association on a negotiation-based transition of American Railroads. The item mechanism that enables prospective Paperwork Reduction Act includes two additional Orders. In the broadband licensees to acquire, relocate, The requirements in §§ 27.1503 and first Order, the Commission denies a or protect covered incumbents in the 27.1505 constitute new or modified petition for rulemaking, which broadband segment. The Commission collections subject to the Paperwork requested that the Commission defines covered incumbent as any 900 Reduction Act of 1995 (PRA), Public designate part of the 800 MHz guard MHz site-based licensee in the Law 104–13. The Commission will band for relocation of 900 MHz broadband segment that under submit a request for approval of the narrowband channels. In the second § 90.621(b) is required to be protected information collections to the Office of Order, the Commission partially lifts the by a broadband licensee that locates a Management and Budget (OMB) under freeze on 900 MHz applications for the base station anywhere within the Section 3507(d) of the PRA. OMB, the limited purpose of permitting licensees county, or any geographic-based 900

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MHz Specialized Mobile Radio licensee 9. After license grant, the Commission Proposed Modification, the Commission in the broadband segment whose license allows a 900 MHz broadband licensee to proposes to modify the Association of area completely or partially overlaps the relocate mandatorily from the American Railroads’ nationwide ribbon county. broadband segment, in a given county license to provide contiguous spectrum 6. The Commission establishes two and within 70 miles of the county, in one of the new narrowband segments. eligibility criteria for new broadband covered incumbents’ remaining site- The proposed modification would clear licenses. First, the applicant must hold channels, and geographically licensed a prominent nationwide incumbent more than 50% of the total amount of channels where the license area from the new broadband segment and licensed 900 MHz spectrum in the completely or partially overlaps the enable significant enhancements to county where it seeks a license. Second, county, that were not covered by the railroad safety. the applicant must hold spectrum in the broadband licensee’s agreements to reach the 90% eligibility prong. B. Obtaining a 900 MHz Broadband broadband segment or reach an License in a County agreement to clear through acquisition Complex systems, comprised of 45 or or relocation, or demonstrate how it will more functionally integrated sites, are 1. License Application exempt from mandatory relocation. A provide interference protection to, 13. In the Report and Order, the broadband licensee that chooses to covered incumbent licensees Commission establishes rules requiring invoke mandatory relocation must pay collectively holding licensees in the an applicant to file 900 MHz broadband all reasonable relocation costs, broadband segment for at least 90% of license applications in accordance with including providing the mandatorily- the site-channels in the county and part 1, subpart F, of this chapter. The relocated covered incumbent with within 70 miles of the county boundary Commission also establishes rules comparable facilities. A comparable and geographically licensed channels requiring an applicant to file an facility is a replacement system that is where the license area completely or Eligibility Certification and Transition partially overlaps the county. at least equivalent to the covered incumbent’s existing 900 MHz system Plan as part of its application. 7. To determine whether an applicant 14. In its Eligibility Certification, an following four factors: (1) System, (2) has satisfied the requisite more-than- applicant must list the licenses the capacity, (3) quality of service, and (4) 50% spectrum threshold for a given applicant holds in the 900 MHz band to county, an applicant may demonstrate it operating costs. 10. A broadband licensee seeking to demonstrate that it holds licenses for holds spectrum associated with: (1) 900 trigger the mandatory relocation process more than 50% of the total licensed 900 MHz geographic licenses completely or must serve notice on a covered MHz spectrum for the county, including partially overlapping the county, (2) 900 incumbent that it plans to relocate credit for spectrum included in an MHz site-based stations with service mandatorily. Following the service of application to acquire or relocate any contours that intersect that county’s notice, the broadband licensee may covered incumbents filed on or after boundary, and (3) credit for 900 MHz request information from the covered , 2019. The Eligibility spectrum used to facilitate acquisitions incumbent that is reasonably required Certification must also include a or relocations of covered incumbents on for the licensee to develop its offer of statement that the applicant’s Transition or after March 14, 2019. comparable facilities. The Commission Plan details how it holds spectrum in 8. The 90% eligibility prong includes directs the Wireless the broadband segment and/or has the applicant’s own 900 MHz spectrum Telecommunications Bureau to resolve reached an agreement to clear through holdings and the acquisition, relocation, disputes arising between parties to acquisition or relocation, or demonstrate or protection of covered incumbent mandatory relocation and requires both how it will provide interference licenses. It includes credit for 900 MHz the licensee and the incumbents to protection to, covered incumbent spectrum included in an application to negotiate in good faith. licensees collectively holding licenses acquire or relocate covered incumbents 11. To mitigate a potential windfall to in the broadband segment for at least filed with the Commission on or after a 900 MHz broadband licensee, the 90% of the site-channels in the county, March 14, 2019. The spectrum must be Commission requires an applicant to and within 70 miles of the county in the 897.5–900.5/936.5–939.5 MHz relinquish all of its licensed 900 MHz boundary and geographically licensed broadband segment and in and within spectrum, up to six megahertz, for any channels where the license area 70 miles of the county where the county in which it seeks a license. If an completely or partially overlaps the applicant seeks a license. A prospective applicant relinquishes less than six county. broadband licensee may offer to a megahertz of spectrum in exchange for 15. In its Transition Plan, an applicant covered incumbent for the purposes of its broadband license, then the must demonstrate one or more of the relocation no more spectrum than the applicant must make an anti-windfall following for at least 90% of the site- incumbent currently holds, except payment, prior to the grant of the 900 channels in the county and within 70 where doing so is necessary to achieve MHz broadband license, to the U.S. miles of the county boundary, and equivalent coverage and/or capacity. A Treasury to account for the difference in geographically licensed channels where prospective broadband licensee may spectrum provided from the the license area completely or partially also elect to provide interference Commission’s inventory. overlaps the county: (1) Agreement by protection to covered incumbents covered incumbents to relocate from the through compliance with minimum 3. Preventing Disruption to Railways broadband segment; (2) protection of spacing criteria, letters of concurrence, and Order Proposing Modification site-based covered incumbents through or private contractual agreements. If any 12. The Association of American compliance with minimum spacing site of a complex system is located Railroads holds a nationwide ribbon criteria; (3) protection of site-based within the county and/or within 70 license surrounding railroad rights-of- covered incumbents through new or miles of the county boundary, an way in six paired 12.5 kilohertz wide existing letters of concurrence agreeing applicant must either hold the license channels of the 900 MHz band, totaling to lesser base station separations; (4) for the site or reach an agreement to 150 kilohertz. Three if the paired protection of geographically-based acquire, relocate, or protect it to channels fall within the new covered incumbents through private demonstrate eligibility. narrowband segment. In the Order of contractual agreements; and/or (5)

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evidence that it holds licenses for the C. Licensing and Operating Rules features: Provide 3/3 megahertz 3rd site channels in the county and within Generation Partnership Project standard 1. Broadband Segment 70 miles of the county boundary and Long Term Evolution service offering for geographically licensed channels where 18. In the Report and Order, the advanced services. the license area completely or partially Commission replaces the Land Mobile 24. The Commission adopts penalties overlaps the county. The Transition Service allocation in the 897.5–900.5/ for 900 MHz broadband licensees that Plan must describe in detail: (1) 936.5–939.5 MHz portion of the 900 fail to meet the performance Descriptions of the agreements reached MHz band with a Mobile Except requirements. If a 900 MHz broadband with covered incumbents to relocate Aeronautical Mobile Service allocation licensee fails to meet the first and the applications that the parties to on a co-primary basis with the Fixed performance benchmark, we require the the agreements will file for spectrum in Service. licensee to meet the final performance the narrowband segment in order to 19. The Commission designates the benchmark two years sooner. If a 900 relocate or repack licensees; (2) 900 MHz broadband allocation as a MHz broadband licensee fails to meet descriptions of how the applicant will Miscellaneous Wireless Communication the final performance benchmark, its provide interference protection to, and/ Service governed by part 27 of the authorization for that license area will or acquire or relocate from the Commission’s rules. A 900 MHz terminate automatically without broadband segment, covered broadband license applicant must Commission action. incumbents collectively holding designate its regulatory status and abide 25. In the Report and Order, the licenses for at least 90% of the site- by service-specific rules in part 27. Commission declines to adopt specific channels in the county and within 70 20. The Commission adopts counties renewal term construction obligations miles of the county boundary, and as the geographic area for 900 MHz and declines to include the 900 MHz broadband licenses. For purpose of 900 geographically licensed channels where broadband segment in the Commission’s MHz broadband licenses, the the license area completely or partially spectrum aggregation screen. overlaps the county, and/or evidence Commission will use the United States that it holds licenses for the site- Census Bureau data reflecting county 2. Narrowband Segments channels and/or geographically licensed legal boundaries and names valid 26. The two narrowband segments— channels; (3) any rule waivers or other through 1, 2017. 896–897.5/935–936.5 MHz and 900.5– 21. The Commission adopts an initial actions necessary to implement an 901/939.5–940 MHz—consist of 158 term of 15 years for 900 MHz broadband agreement with a covered incumbent; paired 12.5 kilohertz channels. In licensees, with a term of 10 years for and (4) such additional information as markets that have transitioned to any subsequent license renewal terms. may be required. The Commission broadband, the Commission will no 22. The Commission adopts requires the applicant to include in a longer distinguish between the performance requirements for 900 MHz Transition Plan a certification from a Business/Industrial/Land broadband licenses. A licensee can frequency coordinator that the Transportation and Specialized Mobile satisfy its performance requirement Transition Plan can be implemented Radio blocks in the narrowband through population or geographic consistent with the Commission’s rules. segments. The narrowband segments are coverage. Under the population metric, The Commission allows an applicant designated for applicants eligible in the a 900 MHz broadband licensee would be seeking to transition multiple counties Industrial/Business Pool of subpart C, required to provide reliable signal simultaneously to file a single part 90; Business/Industrial/Land coverage and offer broadband service to Transition Plan that covers all of its Transportation and Specialized Mobile at least 45% of the population in its county-based applications. Radio licensees authorized as of license area within six years of license 13, 2018, for continuing 2. Implementation Procedures grant and to at least 80% of the operations; and Business/Industrial/ population in its license area within 16. In the Report and Order, the Land Transportation Pool and twelve years of license grant. Under the Commission directs the Wireless Specialized Mobile Radio licensees geographic coverage metric, a 900 MHz Telecommunications Bureau to issue a authorized as of , 2018, for broadband licensee would be required Public Notice opening a filing window relocation to the narrowband segments to provide reliable signal coverage and to accept applications for 900 MHz from the broadband segment pursuant to broadband licenses. In 2021, the offer broadband service to at least 25% subpart P, part 27. If the Commission Commission will evaluate the success of of the geographic license area within six were to lift the freeze on 900 MHz the transition to determine whether an years of license grant and to at least applications, applications for new alternative approach is necessary to 50% of the geographic license area authorizations in the narrowband achieve a more complete transition of within twelve years of license grant. To segments would be accepted from the band. meet the broadband service obligation, applicants eligible in the Industrial/ 17. Consistent with part 1, the Commission expects licensees to Business Pool of subpart C, part 90. applications accepted for filing will be deploy technologies that make intensive placed on Public Notice for 30 days. The use of the entire 3/3 megahertz band D. Technical Rules broadband license applicant would be segment and yield high uplink and 1. Broadband Segment required to file, within 15 days of filing downlink data rates and minimal its broadband license application, an latency sufficient to provide for real- 27. The Commission adopts an application(s) to cancel all of its 900 time, two-way communications. effective radiated power for base and MHz spectrum, up to six megahertz, 23. In the Report and Order, the repeater stations in the 900 MHz conditioned upon Commission grant of Commission adopts a safe harbor on broadband segment not to exceed 400 its application. A 900 MHz broadband which a 900 MHz broadband licensee watts/megahertz in non-rural areas and license grant triggers the licensee’s right may rely to comply with the broadband 800 watts/megahertz in rural areas, with to operate, its ability to compel service requirement. The Commission maximum permissible power decreasing mandatory relocation, and its timeline will find that a 900 MHz broadband as the antenna height above average for compliance with the performance licensee is offering broadband service if terrain rises above 304 meters. The requirements. the service has the following minimum Commission allows 900 MHz broadband

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licensees to operate at higher powers Commission concluded that where 39. It is further proposed that, provided they sufficiently mitigate the negotiations to transition the 900 MHz pursuant to sections 4(i) and 316(a) of risk of interference. The Commission band to broadband are successful, the Communications Act of 1934, as also adopts an effective radiated power deploying broadband using 900 MHz amended, 47 U.S.C. 154(i), 316(a), and for mobile, control, and auxiliary test spectrum are likely to be substantially § 1.87(a) of the Commission’s rules, 47 stations in the broadband segment not to higher than the costs imposed, and CFR 1.87(a), in the Order of Proposed exceed 10 watts and effective radiated where negotiations are unsuccessful, the Modification the Commission proposes power of portables not to exceed 3 net cost will be zero. that Association of American Railroads’ watts. 900 MHz nationwide ribbon license be IV. Order Denying EWA Petition for 28. The Commission establishes an modified pursuant to the conditions in Rulemaking out of band emission (OOBE) limit this Report and Order, Order of outside a licensee’s frequency band of 35. In the Order, the Commission Proposed Modification, and Orders. operation to be attenuated by at least 43 denies a petition for rulemaking Pursuant to section 316(a) of the + 10 log (P) dB for uplink operations in requested by the Enterprise Wireless Communications Act of 1934, as the 897.5–900.5 MHz band and by at Alliance. Enterprise Wireless Alliance amended, 47 U.S.C. 316(a), and § 1.87(a) least 50 + 10 log (p) dB for downlink had requested that the Commission of the Commission’s rules, 47 CFR operations in the 936.5–939.5 MHz designate part of the 800 MHz guard 1.87(a), publication of this Report and band. band for relocation of 900 MHz Order, Order of Proposed Modification, 29. In the Report and Order, the narrowband channels. and Orders in the Federal Register shall Commission declines to adopt a guard constitute notification in writing of the V. Order Announcing Partial Lifting of band between narrowband and proposed action and the grounds and Freeze broadband operations in the realigned reasons therefor. AAR and any other 900 MHz band and finds it unnecessary 36. In the Order, the Commission party seeking to file a protest pursuant to adopt additional limits on Long Term announces a partial lifting of the freeze to Section 316 shall have 30 days from Evolution transmitter power and on 900 MHz applications. The publication to protest such Order of transmitter filtering requirements. Commission will allow applications for Proposed Modification. 30. The Commission requires the limited purposes of permitting 900 40. It is further ordered that, pursuant broadband licensees to prevent harmful MHz licensees to relocate their to sections 4(i) and 316(a) of the interference and resolve any narrowband operations to facilitate the Communications Act of 1934, as unacceptable interference to transition to broadband, e.g., if the amended, 47 U.S.C. 154(i), 316(a), and narrowband operations in the shortest application were needed to implement a section 1.87(a) of the Commission’s time practicable. The Commission Transition Plan or a mandatory rules, 47 CFR 1.87(a), the proposed deems unacceptable interference to 900 relocation agreement. modification of the Association of MHz narrowband licensees as occurring American Railroads’ 900 MHz VI. Ordering Clauses when the applicable median desired nationwide ribbon license will be final ¥ signal level is measured to be 104 37. Accordingly, it is ordered that, and effective 60 days after publication dBm or higher at the RF input of pursuant to Sections 1, 2, 4(i), 4(j), 5(c), of this Report and Order, Order of narrowband licensees’ mobile receivers 302, 303, 304, 307, 308, 309, 310, 316, Proposed Modification, and Orders in ¥ and 101 dBm or higher at the RF 319, 324, 332, and 333 of the the Federal Register, provided Anterix input of narrowband licensees’ portable Communications Act of 1934, as has voluntarily cancelled the receivers. amended, 47 U.S.C. 151, 152, 154(i), Specialized Mobile Radio licenses listed 31. In the Report and Order, the 154(j), 155(c), 302, 303, 304, 307, 308, in Appendix E by filing Form 601 in Commission establishes that 900 MHz 309, 310, 316, 319, 324, 332, and 333, accordance with section 1.953(f). broadband licensees with operations in this Report and Order, Order of Further, in the event the Association of the United States/Mexico and United Proposed Modification, and Orders, in American Railroads or any other States/Canada border regions are subject WT Docket No. 17–200 is hereby licensee or permittee who believes that to, and shall be in accordance with adopted. its license or permit would be modified international agreements between the 38. It is further ordered that the rules by this proposed action seeks to protest United States and Mexico and the and requirements adopted herein will this proposed modification, the United States and Canada. proposed license modification specified 32. The Commission establishes a become effective thirty (30) days after in this Report and Order, Order of median field strength limit not to publication in the Federal Register, Proposed Modification, and Orders and exceed 40 dBmV/m at any point along with the exception of sections 27.1503 contested by the licensee shall not be the geographic license boundary in the and 27.1505. Sections 27.1503 and made final as to such licensee unless broadband segment, unless the affected 27.1505 contain new or modified and until the Commission orders licensee agrees to a different field information collection requirements that otherwise. strength limit. require review by the Office of Management and Budget (OMB) under 41. It is further ordered that the 2. Narrowband Segments the Paperwork Reduction Act. The license modification proceeding 33. In the Report and Order, the Commission directs the Wireless commenced by the Order of Proposed Commission declined to adopt Telecommunications Bureau to Modification be treated as a permit-but- additional or modified interference announce the effective date of those disclose proceeding under the protections for the new narrowband information collections in a document Commission’s ex parte rules. See 47 segments. published in the Federal Register after CFR 1.1200 et seq. the Commission receives OMB 42. It is further ordered that, pursuant E. Cost-Benefit Analysis approval, and directs the Wireless to section 1.425 of the Commission’s 34. In the Report and Order, the Telecommunications Bureau to cause rules, 47 CFR 1.425, the Enterprise Commission described three cost-benefit Sections 27.1503 and 27.1505 to be Wireless Alliance (EWA) Petition for analyses filed in this proceeding. The revised accordingly. Rulemaking is denied.

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43. It is further ordered that, pursuant Lists of Subjects in 47 CFR Parts 1, 2, Aviation) (part 22, subpart G, of this to section 4(i) of the Communications 20, 27, and 90 chapter); Broadband Personal Act of 1934, as amended, 47 U.S.C. Administrative practice and Communications Service (part 24, 154(i), and section 1.925 of the procedure, Common carriers, subpart E, of this chapter); Broadband Commission’s rules, 47 CFR 1.925, the Communications common carriers, Radio Service (part 27, subpart M); Order announcing a partial lifting of the Environmental impact statements, Cellular Radiotelephone Service (part 900 MHz application freeze is adopted Radio, Telecommunications. 22, subpart H); Citizens Broadband and subject to the conditions specified Radio Service (part 96, subpart C, of this herein. Federal Communications Commission. chapter); Dedicated Short Range 44. It is further ordered that, pursuant Cecilia Sigmund, Communications Service, excluding to 47 CFR 1.4(b)(1), the period for filing Federal Register Liaison Officer. public safety licenses (part 90, subpart petitions for reconsideration or petitions Final Rules M); Educational Broadband Service for judicial review of this Report and (part 27, subpart M); H Block Service Order, Order of Proposed Modification, For the reasons discussed in the (part 27, subpart K); Local Multipoint and Orders will commence on the date preamble, the Federal Communications Distribution Service (part 101, subpart that a summary of this Report and Commission amends 47 CFR parts 1, 2, L); Multichannel Video Distribution and Order, Order of Proposed Modification, 27, and 90 as follows: Data Service (part 101, subpart P); Multilateration Location and Monitoring and Orders is published in the Federal PART 1—PRACTICE AND Service (part 90, subpart M); Multiple Register. PROCEDURE 45. It is further ordered that the Address Systems (EAs) (part 101, Commission’s Consumer and ■ 1. The authority citation for part 1 subpart O); Narrowband Personal Governmental Affairs Bureau, Reference continues to read as follows: Communications Service (part 24, Information Center, shall send a copy of subpart D); Paging and Radiotelephone Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 Service (part 22, subpart E; part 90, this Report and Order, Order of U.S.C. 2461, unless otherwise noted. Proposed Modification, and Orders to subpart P); VHF Public Coast Stations, ■ 2. Section 1.907 is amended by Congress and the Government including Automated Maritime revising the definition of ‘‘covered Accountability Office pursuant to the Telecommunications Systems (part 80, geographic licenses’’ to read as follows: Congressional Review Act, see 5 U.S.C. subpart J, of this chapter); Upper 801(a)(1)(A). § 1.907 Definitions. Microwave Flexible Use Service (part 30 of this chapter); and Wireless 46. It is further ordered that the * * * * * Commission’s Consumer and Communications Service (part 27, Covered geographic licenses. Covered subpart D of this chapter). Governmental Affairs Bureau, Reference geographic licenses consist of the Information Center, shall send a copy of following services: 1.4 GHz Service (part * * * * * this Report and Order, Order of 27, subpart I of this chapter); 1.6 GHz ■ 3. In § 1.9005 add paragraph (nn) to Proposed Modification, and Orders, Service (part 27, subpart J); 24 GHz read as follows: including the Final Regulatory Service and Digital Electronic Message § 1.9005 Included services. Flexibility Analysis, to the Chief Services (part 101, subpart G of this Counsel for Advocacy of the Small chapter); 218–219 MHz Service (part 95, * * * * * Business Administration. subpart F, of this chapter); 220–222 (nn) The 900 MHz Broadband Service 47. It is our intention in adopting MHz Service, excluding public safety (part 27 of this chapter). these rules that, if any provision of the licenses (part 90, subpart T, of this PART 2—FREQUENCY ALLOCATIONS Report and Order, Order of Proposed chapter); 600 MHz Service (part 27, AND RADIO TREATY MATTERS; Modification, and Orders or the rules, or subpart N); 700 MHz Commercial GENERAL RULES AND REGULATIONS the application thereof to any person or Services (part 27, subparts F and H); 700 circumstance, is held to be unlawful, MHz Guard Band Service (part 27, ■ 4. The authority citation for part 2 the remaining portions of such Report subpart G); 800 MHz Specialized Mobile continues to read as follows: and Order, Order of Proposed Radio Service (part 90, subpart S); 900 Modification, and Orders and the rules MHz Specialized Mobile Radio Service Authority: 47 U.S.C. 154, 302a, 303, and not deemed unlawful, and the (part 90, subpart S); 900 MHz 336, unless otherwise noted. application of the Report and Order, Broadband Service (part 27, subpart P); ■ 5. Section 2.106 is amended by Order of Proposed Modification, and 3.7 GHz Service (part 27, subpart O); revising pages 31 and 32 to read as Orders and the rules to other persons or Advanced Wireless Services (part 27, follows: circumstances, shall remain in effect to subparts K and L); Air-Ground ■ 2.106 Table of Frequency Allocations. the fullest extent permitted by law. Radiotelephone Service (Commercial BILLING CODE 6712–01–P

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BILLING CODE 6712–01–C

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PART 20—COMMERCIAL MOBILE (n) 900 MHz broadband. The paired chapter. The rules in this subpart are to SERVICES 897.5–900.5 MHz and 936.5–939.5 MHz be read in conjunction with the bands are available for assignment on a applicable requirements contained ■ 6. The authority citation for part 20 geographic basis. For operations in the elsewhere in this part; however, in case continues to read as follows: 897.5–900.5 MHz and 936.5–939.5 MHz of conflict, the provisions of this subpart Authority: 47 U.S.C. 151, 152(a) 154(i), bands (designated as Channels 120–360 shall govern with respect to licensing 157, 160, 201, 214, 222, 251(e), 301, 302, 303, in section 90.613 of this chapter), no and operation in this frequency band. 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, new applications will be accepted in § 27.1501 Definitions. 316(a), 332, 610, 615, 615a, 615b, 615c, transitioned markets for narrowband unless otherwise noted. systems under part 90, subpart S of this Terms used in this subpart shall have ■ 7. Section 20.12 is amended by chapter. the following meanings: 900 MHz broadband. The 900 MHz revising paragraph (a)(1) to read as ■ 11. Section 27.12 is amended by follows: broadband systems in the 897.5–900.5/ revising paragraph (a) to read as follows: 936.5–939.5 MHz band licensed by the § 20.12 Resale and roaming. § 27.12 Eligibility. Commission pursuant to the provisions (a)(1) Scope of manual roaming and (a) Except as provided in paragraph of this subpart. resale. Paragraph (c) of this section is (b) of this section and in §§ 27.604, 900 MHz broadband licensee. An applicable to providers of Broadband 27.1201, 27.1202, and 27.1503, any entity that holds a 900 MHz broadband Personal Communications Services (part entity other than those precluded by license issued pursuant to this subpart. 900 MHz broadband segment. The 24, subpart E of this chapter), Cellular section 310 of the Communications Act segment of realigned 900 MHz spectrum Radio Telephone Service (part 22, of 1934, as amended, 47 U.S.C. 310, is (i.e., the 897.5–900.5/936.5–939.5 MHz subpart H of this chapter), Specialized eligible to hold a license under this part. Mobile Radio Services in the 800 MHz band) licensed by the Commission * * * * * and 900 MHz bands (included in part pursuant to the provisions of this ■ 90, subpart S of this chapter), and 900 12. Section 27.13 is amended by subpart. MHz Broadband Service (included in adding paragraph (n) to read as follows: 900 MHz narrowband segment. The segments of realigned 900 MHz part 27, subpart P of this chapter) if § 27.13 License period. spectrum (i.e., the 896–897.5/935–936.5 such providers offer real-time, two-way * * * * * switched voice or data service that is MHz and 900.5–901/939.5–940 MHz (n) 900 MHz broadband. bands (Paired channels 1–119 and 361– interconnected with the public switched Authorizations for broadband licenses network and utilizes an in-network 399)) designated for narrowband in the 897.5–900.5 MHz and 936.5– operations and licensed pursuant to 47 switching facility that enables the 939.5 MHz bands will have a term not provider to re-use frequencies and CFR part 90, subpart S. to exceed 15 years from the date of Complex system. A covered accomplish seamless hand-offs of initial issuance and ten (10) years from incumbent’s system that consists of 45 subscriber calls. The scope of paragraph the date of any subsequent renewal. or more functionally integrated sites. (b) of this section, concerning the resale ■ 13. Add subpart P to read as follows: County. For purposes of this part, rule, is further limited so as to exclude counties shall be defined using the from the requirements of that paragraph Subpart P—Regulations Governing United States Census Bureau’s data those Broadband Personal Licensing and Use of 900 MHz reflecting county legal boundaries and Communications Services C, D, E, and Broadband Service in the 897.5–900.5 names valid through , 2017. F block licensees that do not own and MHz and 936.5–939.5 MHz Bands Covered incumbent. Any 900 MHz control and are not owned and site-based licensee in the broadband Sec. controlled by firms also holding cellular segment that is required under A or B block licenses. 27.1500 Scope. 27.1501 Definitions. § 90.621(b) to be protected by a * * * * * 27.1502 Permanent discontinuance of 900 broadband licensee with a base station MHz broadband licenses. at any location within the county, or PART 27—MISCELLANEOUS 27.1503 Broadband license eligibility and any 900 MHz geographic-based SMR WIRELESS COMMUNICATIONS application requirements. licensee in the broadband segment SERVICES 27.1504 Mandatory relocation. whose license area completely or 27.1505 Performance requirements. ■ 8. The authority citation for part 27 partially overlaps the county. 27.1506 Frequencies. Eligibility Certification. A filing made continues to read as follows: 27.1507 Effective radiated power limits for 900 MHz broadband systems. to the Commission as part of the Authority: 47 U.S.C. 154, 301, 302a, 303, 27.1508 Field strength limit. prospective broadband licensee’s 307, 309, 332, 336, 337, 1403, 1404, 1451, 27.1509 Emission limits. application for a 900 MHz broadband and 1452, unless otherwise noted. 27.1510 Unacceptable interference to license that demonstrates satisfaction of ■ 9. Section 27.1 is amended by adding narrowband 900 MHz licensees from 900 the eligibility restrictions. paragraph (b)(16) to read as follows: MHz broadband licensees. License area. The geographic component of a 900 MHz broadband § 27.1 Basis and purpose. § 27.1500 Scope. license. A license area consists of one * * * * * This subpart sets out the regulations county. (b) * * * governing the licensing and operations Power spectral density (PSD). The (16) 897.5–900.5 MHz and 936.5– of 900 MHz broadband systems power of an emission in the frequency 939.5 MHz. operating in the 897.5–900.5/936.5– domain, such as in terms of ERP or * * * * * 939.5 MHz band. It includes eligibility EIRP, stated per unit bandwidth, e.g., ■ 10. Section 27.5 is amended by adding requirements and operational and watts/MHz. paragraph (n) to read as follows: technical standards for stations licensed Site-channel. A channel licensed at a in this band. It also supplements the particular location. § 27.5 Frequencies. rules regarding application procedures Transition plan. A filing made to the * * * * * contained in part 1, subpart F of this Commission as part of the prospective

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broadband licensee’s application for a 70 miles of the county boundary, an (E) Evidence that it holds licenses for 900 MHz broadband license that applicant must either hold the license the site-channels and/or geographically includes a plan for transitioning the for that site or reach an agreement to licensed channels. band in the particular county. acquire, relocate, or protect it in order (ii) Descriptions of the agreements Transitioned market. See section 90.7 to demonstrate eligibility. between the prospective broadband of part 90 of this chapter. (4) The applicant may use its current licensee and all covered incumbents 900 MHz holdings in the narrowband § 27.1502 Permanent discontinuance of collectively holding licenses for at least 900 MHz broadband licenses. segment to relocate covered incumbents. 90% of site-channels within the county Spectrum used for the purpose of and within 70 miles of the county A 900 MHz broadband licensee that relocating incumbent(s) may not exceed permanently discontinues service as boundary, and geographically licensed the incumbent’s current spectrum defined in § 1.953 must notify the channels where the license area holdings in the relevant county, unless Commission of the discontinuance completely or partially overlaps the additional channels are necessary to within 10 days by filing FCC Form 601 county. achieve equivalent coverage and/or requesting license cancelation. An (iii) Descriptions in detail of all capacity. authorization will automatically information and actions necessary to (b) Application. (1) Applications must accomplish the realignment, as follows: terminate, without specific Commission be filed in accordance with part 1, action, if service is permanently (A) The applications that the parties subpart F of this chapter. to the agreements will file for spectrum discontinued as defined in this chapter, (2) An applicant for a 900 MHz even if a licensee fails to file the in the narrowband segment in order to broadband license must submit with its relocate or repack licensees; required form requesting license application an Eligibility Certification cancelation. (B) A description of how the applicant that: will provide interference protection to, § 27.1503 Broadband license eligibility and (i) Lists the licenses the applicant and/or acquire or relocate from the application requirements. holds in the 900 MHz band to broadband segment covered incumbents (a) Eligibility. For an applicant to be demonstrate that it holds the licenses collectively holding licenses for at least eligible for a broadband license in a for more than 50% of the total licensed 90% of site-channels within 70 miles of county, it must: 900 MHz spectrum, whether SMR or B/ the county and within 70 miles of the (1) Hold the licenses for more than ILT, for the relevant county including county boundary and/or evidence that it 50% of the total amount of licensed 900 credit for spectrum included in an holds licenses for the site-channels and/ MHz SMR (site-based or geographically application to acquire or relocate any or geographically licensed channels. licensed) and B/ILT (site-based) covered incumbents filed on or after (C) Any rule waivers or other actions spectrum for the relevant county March 14, 2019; necessary to implement an agreement (ii) A statement that it has filed a including credit for spectrum included with a covered incumbent; and Transition Plan detailing how it holds in an application to acquire or relocate (D) Such additional information as spectrum in the broadband segment covered incumbents filed with the may be required. and/or has reached an agreement to Commission on or after March 14, 2019; (iv) A certification from an FCC- (2) Hold spectrum in the broadband clear through acquisition or relocation certified frequency coordinator that the segment or reach an agreement to clear (including credit for spectrum included Transition Plan’s representations can be through acquisition or relocation, in an application to acquire or relocate implemented consistent with including credit for spectrum included covered incumbents filed with the Commission rules. The certification in an application to acquire or relocate Commission on or after March 14, must establish that the relocations covered incumbents filed with the 2019), or demonstrate how it will proposed therein take into consideration Commission on or after March 14, 2019, provide interference protection to, all relevant covered incumbents and are or demonstrate how it will provide covered incumbent licensees consistent with the existing part 90 interference protection to, covered collectively holding licenses in the interference protection criteria if the incumbent licensees collectively broadband segment for at least 90% of covered incumbent is site-based, and holding licenses in the broadband the site-channels in the county and include any private contractual segment for at least 90% of the site- within 70 miles of the county boundary, agreements between the prospective channels in the county and within 70 and geographically licensed channels broadband licensee and a miles of the county boundary, and where the license area completely or geographically-licensed covered geographically licensed channels where partially overlaps the county. the license area completely or partially (3) An applicant for a 900 MHz incumbent. overlaps the county. To provide broadband license must submit with its (4) Applicants seeking to transition interference protection, an applicant application a Transition Plan that multiple counties may simultaneously may: provides: file a single Transition Plan with each (i) Protect site-based covered (i) A showing of one or more of the of its county-based applications. incumbent(s) through compliance with following: (c) Anti-windfall provisions. (1) The minimum spacing criteria set forth in (A) Agreement by covered incumbents applicant must return to the § 90.621(b) of this chapter; to relocate from the broadband segment; Commission all of its licensed 900 MHz (ii) Protect site-based covered (B) Protection of site-based covered SMR and B/ILT spectrum, up to six incumbent(s) through new or existing incumbents through compliance with megahertz, for the county in which it letters of concurrence agreeing to lesser minimum spacing criteria; seeks a broadband license. The base station separations as set forth in (C) Protection of site-based covered applicant will be required to file, within § 90.621(b); and/or incumbents through new or existing 15 days of filing its broadband license (iii) Protect geographically based letters of concurrence agreeing to lesser application, an application(s) to cancel covered incumbent(s) through a private base station separations; all of its 900 MHz SMR and B/ILT contractual agreement. (D) Protection of geographically-based spectrum, up to six megahertz, (3) If any site of a complex system is covered incumbents through private conditioned upon Commission grant of located within the county and/or within contractual agreements; and/or its application.

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(2) If the applicant relinquishes less essential to the accurate estimation of shall base their measurements of than six megahertz of spectrum in relocation costs and procedures, population served on areas no larger accordance with paragraph (c)(1) of this requested by the other party. than the Census Tract level. The section, then the applicant must remit (g) A party seeking Commission population within a specific Census an anti-windfall payment prior to the resolution of a dispute must submit in Tract (or other acceptable identifier) grant of the 900 MHz broadband license. writing to the Chief, Wireless will be deemed served by the licensee Payment must be made through a Telecommunications Bureau: only if it provides reliable signal monetary payment to the U.S. Treasury. (1) The name, address, telephone coverage to and offers service within the number, and email address of the 900 specific Census Tract (or other § 27.1504 Mandatory relocation. MHz broadband licensee or covered acceptable identifier). To the extent the (a) Subject to paragraph (b) of this incumbent making the allegation; Census Tract (or other acceptable section, broadband licensees may (2) The name of the 900 MHz identifier) extends beyond the require mandatory relocation from the broadband licensee or covered boundaries of a license area, a licensee broadband segment covered incumbent about which the allegation is with authorizations for such areas may incumbents’ remaining site-channels in made; include only the population within the a given county and within 70 miles of (3) A complete statement of the facts Census Tract (or other acceptable the county boundary, and supporting the broadband licensee’s or identifier) towards meeting the geographically licensed channels where incumbent’s claim; and performance requirement of a single, the license area completely or partially (4) The specific relief sought. individual license. overlaps the county, that were not (h) If an incumbent fails to negotiate (b) A 900 MHz broadband licensee covered by § 27.1503(a)(2). in good faith, its facilities may be must meet either a population coverage (b) Complex systems are exempt from mandatorily relocated, and its license requirement or geographic coverage as mandatory relocation. To qualify as modified accordingly by the follows: exempt from mandatory relocation, a Commission pursuant to section 316 of (1) Population metric. (i) A 900 MHz complex system must have at least one the Act. If the Wireless broadband licensee shall provide site (of its 45 or more functionally Telecommunications Bureau finds bad reliable signal coverage and offer integrated sites) located within the faith on the part of the broadband broadband service to at least 45% of the county license area or within 70 miles licensee, the broadband licensee may population in its license area within six of the county boundary. lose the right to relocate the incumbent years of license grant. (c) A broadband licensee seeking to or the Wireless Telecommunications (ii) A 900 MHz broadband licensee relocate a covered incumbent pursuant Bureau may refer the matter to the shall provide reliable signal coverage to this section is required to pay all Enforcement Bureau for action (which and offer broadband service to at least reasonable relocation costs, including could include a range of sanctions, such 80% of the population in its license area providing the relocated covered as imposition of forfeitures). within 12 years of license grant. incumbent with comparable facilities. (2) Geographic coverage. § 27.1505 Performance requirements. To be comparable, the replacement Alternatively, a 900 MHz broadband system provided to a covered incumbent (a) 900 MHz broadband licensees licensee may: during a mandatory relocation must be shall demonstrate compliance with (i) Demonstrate it provides reliable at least equivalent to the existing 900 performance requirements by filing a signal coverage and offers broadband MHz system with respect to the construction notification with the service covering at least 25% of the following four factors: Commission, within 15 days of the geographic license area within six years (1) System; expiration of the applicable benchmark, of license grant. (2) Capacity; in accordance with the provisions set (ii) Demonstrate it provides reliable (3) Quality of service; and forth in § 1.946(d) of this chapter. signal coverage and offers broadband (4) Operating costs. (1) The licensee must certify whether service covering at least 50% of the (d) Having met the 90% success it has met the applicable performance geographic license area within twelve threshold, a 900 MHz broadband requirements. The licensee must file a years of license grant. licensee seeking to trigger the description and certification of the areas (c) Penalties. (1) If a 900 MHz mandatory relocation process shall for which it is providing service. The broadband licensee fails to meet the first serve notice on applicable covered construction notifications must include performance benchmark, we require the incumbent(s). electronic coverage maps and licensee to meet the final performance (e) Following the service of notice, a supporting technical documentation benchmark two years sooner (i.e., at 10 900 MHz broadband licensee may regarding the type of service it is years into the license term) and reduce request information from the covered providing for each licensed area within the license term from 15 years to 13 incumbent reasonably required to craft its service territory and the type of years. its offer of comparable facilities. technology used to provide such (2) If a 900 MHz broadband licensee (f) We expect all parties to negotiate service, and certify the accuracy of such fails to meet the final performance with the utmost ‘‘good faith’’ in the documentation. Supporting benchmark, its authorization for that negotiation process. Factors relevant to documentation must include the license area will terminate a ‘‘good-faith’’ determination include: assumptions used to create the coverage automatically without Commission (1) Whether the party responsible for maps, including the propagation model action. paying the cost of band reconfiguration and the signal strength necessary to (d) License renewal. After satisfying has made a bona fide offer to relocate provide reliable service with the the 12-year, final performance the incumbent to comparable facilities; licensee’s technology. benchmark, a licensee must continue to (2) The steps the parties have taken to (2) To demonstrate compliance with provide coverage and offer broadband determine the actual cost of relocation the population coverage requirement, service at or above that level for the to comparable facilities; and licensees shall use the most recently remaining three years of the 15-year (3) Whether either party has available decennial U.S. Census Bureau license term in order to warrant license unreasonably withheld information, data at the time of measurement and renewal.

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§ 27.1506 Frequencies. below 2000 watts/megahertz ERP in TABLE 1 TO § 27.1507—PERMISSIBLE The 897.5–900.5 MHz and 936.5– accordance with Table 4 of this section. POWER AND ANTENNA HEIGHTS FOR 939.5 MHz band segments are available (3) Mobile, control and auxiliary test BASE STATIONS AND REPEATERS for licensing with an authorized stations. Mobile, control and auxiliary PERMITTED TO TRANSMIT WITH UP bandwidth up to 3 megahertz paired test stations must not exceed 10 watts TO 400 WATTS/MEGAHERTZ channels. The 897.5–900.5 MHz ERP. segment must only be used for uplink Antenna height (AAT) Effective radiated (4) Portable stations. Portable stations in meters power (ERP) transmissions. The 936.5–939.5 MHz (feet) (watts/megahertz) segments must only be used for must not exceed 3 watts ERP. downlink transmissions. (b) Power flux density (PFD). Each 900 Above 1372 (4500) ...... 26 MHz broadband base or repeater station Above 1220 (4000) To 1372 § 27.1507 Effective radiated power limits that exceeds the ERP limit of paragraph (4500) ...... 28 for 900 MHz broadband systems. Above 1067 (3500) To 1220 (a)(1)(i) or (a)(2)(i) of this section must (4000) ...... 30 (a) Maximum ERP. The power limits be designed and deployed so as not to Above 915 (3000) To 1067 specified in this section are applicable exceed a modeled PFD of 3000 (3500) ...... 40 Above 763 (2500) To 915 to operations in areas more than 110 km 2 microwatts/m /MHz over at least 98% (3000) ...... 56 (68.4 miles) from the U.S./Mexico of the area within 1 km of the base or Above 610 (2000) To 763 border and 140 km (87 miles) from the repeater station antenna, at 1.6 meters (2500) ...... 80 U.S./Canada border. Above 458 (1500) To 610 above ground level. To ensure (2000) ...... 140 (1) General limit. (i) The ERP for base compliance with this requirement, the Above 305 (1000) To 458 and repeater stations must not exceed licensee must perform predictive (1500) ...... 240 400 watts/megahertz power spectral modeling of the PFD values within at Up to 305 (1000) ...... 400 density (PSD) per sector and an antenna least 1 km of each base or repeater height of 304 m height above average station antenna prior to commencing TABLE 2 TO § 27.1507—PERMISSIBLE terrain (HAAT), except that antenna such operations and, thereafter, prior to heights greater than 304 m HAAT are POWER AND ANTENNA HEIGHTS FOR making any site modifications that may BASE STATIONS AND REPEATERS permitted if power levels are reduced increase the PFD levels around the base PERMITTED TO TRANSMIT WITH UP below 400 watts/megahertz ERP in or repeater station. The modeling must accordance with Table 1 of this section. take into consideration terrain and other TO 1000 WATTS/MEGAHERTZ (ii) Provided that they also comply local conditions and must use good Antenna height (AAT) Effective radiated with paragraphs (b) and (c) of this engineering practices for the 900 MHz in meters power (ERP) section, licensees are permitted to band. (feet) (watts/megahertz) operate base and repeater stations with Above 1372 (4500) ...... 65 up to a maximum ERP of 1000 watts/ (c) Power measurement. Measurement of 900 MHz broadband base transmitter Above 1220 (4000) To 1372 megahertz power spectral density (PSD) (4500) ...... 70 per sector and an antenna height of 304 and repeater ERP must be made using Above 1067 (3500) To 1220 m height above average terrain (HAAT), an average power measurement (4000) ...... 75 technique. Power measurements for Above 915 (3000) To 1067 except that antenna heights greater than (3500) ...... 100 304 m HAAT are permitted if power base transmitters and repeaters must be Above 763 (2500) To 915 levels are reduced below 1000 watts/ made in accordance with either of the (3000) ...... 140 following: Above 610 (2000) To 763 megahertz ERP in accordance with (2500) ...... 200 Table 2 of this section. (1) A Commission-approved average Above 458 (1500) To 610 (2) Rural areas. For systems that are power technique (see FCC Laboratory’s (2000) ...... 350 located in counties with population Knowledge Database); or Above 305 (1000) To 458 (1500) ...... 600 densities of 100 persons or fewer per (2) For purposes of this section, peak Up to 305 (1000) ...... 1000 square mile, based upon the most transmit power must be measured over recently available population statistics an interval of continuous transmission TABLE 3 TO § 27.1507—PERMISSIBLE from the Bureau of the Census: using instrumentation calibrated in (i) The ERP for base and repeater terms of an rms-equivalent voltage. The POWER AND ANTENNA HEIGHTS FOR stations must not exceed 800 watts/ measurement results shall be properly BASE STATIONS AND REPEATERS megahertz power spectral density (PSD) adjusted for any instrument limitations, PERMITTED TO TRANSMIT WITH UP per sector and an antenna height of 304 such as detector response times, limited TO 800 WATTS/MEGAHERTZ m height above average terrain (HAAT), resolution bandwidth capability when except that antenna heights greater than Antenna height (AAT) Effective radiated compared to the emission bandwidth, in meters power (ERP) 304 m HAAT are permitted if power sensitivity, etc., so as to obtain a true (feet) (watts/megahertz) levels are reduced below 800 watts/ peak measurement for the emission in megahertz ERP in accordance with Above 1372 (4500) ...... 52 question over the full bandwidth of the Above 1220 (4000) To 1372 Table 3 of this section. channel. (4500) ...... 56 (ii) Provided that they also comply Above 1067 (3500) To 1220 with paragraphs (b) and (c) of this (d) PAR limit. The peak-to-average (4000) ...... 60 section, base and repeater stations may ratio (PAR) of the transmission must not Above 915 (3000) To 1067 exceed 13 dB. (3500) ...... 80 operate with up to a maximum ERP of Above 763 (2500) To 915 2000 watts/megahertz power spectral (e) Height-power limit. As specified in (3000) ...... 112 density (PSD) per sector and an antenna paragraph (a) of this section, the Above 610 (2000) To 763 height of 304 m height above average following tables specify the maximum (2500) ...... 160 Above 458 (1500) To 610 terrain (HAAT), except that antenna base station power for antenna heights (2000) ...... 280 heights greater than 304 m HAAT are above average terrain (HAAT) that Above 305 (1000) To 458 permitted if power levels are reduced exceed 304 meters. (1500) ...... 480

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TABLE 3 TO § 27.1507—PERMISSIBLE (b) For 900 MHz broadband 900 MHz broadband. See 47 CFR POWER AND ANTENNA HEIGHTS FOR operations in the 936.5–939.5 MHz 27.1501. BASE STATIONS AND REPEATERS band, by at least 50 + 10 log (P) dB. 900 MHz broadband licensee. See 47 PERMITTED TO TRANSMIT WITH UP (c) Compliance with the provisions of CFR 27.1501. TO 800 WATTS/MEGAHERTZ—Con- paragraphs (a) and (b) of this section is 900 MHz broadband segment. See 47 tinued based on the use of measurement CFR 27.1501. instrumentation employing a resolution 900 MHz narrowband segment. See 47 Antenna height (AAT) Effective radiated bandwidth of 100 kHz or greater. CFR 27.1501. in meters power (ERP) However, in the 100 kHz bands (feet) (watts/megahertz) * * * * * immediately outside and adjacent to the Transitioned market. A geographic Up to 305 (1000) ...... 800 licensee’s band, a resolution bandwidth area in which the 900 MHz band has of at least 1 percent of the emission been reconfigured to consist of a 900 bandwidth of the fundamental emission TABLE 4 TO § 27.1507—PERMISSIBLE MHz broadband license in the 900 MHz of the transmitter may be employed. The POWER AND ANTENNA HEIGHTS FOR broadband segment and two 900 MHz emission bandwidth is defined as the narrowband segments pursuant to part BASE STATIONS AND REPEATERS width of the signal between two points, 27 of this chapter. PERMITTED TO TRANSMIT WITH UP one below the carrier center frequency * * * * * TO 2000 WATTS/MEGAHERTZ and one above the carrier center frequency, outside of which all ■ 16. Section 90.35 is amended by Antenna height (AAT) Effective radiated revising paragraph (c)(71) to read as in meters power (ERP) emissions are attenuated at least 26 dB (feet) (watts/megahertz) below the transmitter power. follows:

Above 1372 (4500) ...... 130 (d) The measurements of emission § 90.35 Industrial/Business Pool. Above 1220 (4000) To 1372 power can be expressed in peak or * * * * * (4500) ...... 140 average values, provided they are (c) * * * Above 1067 (3500) To 1220 expressed in the same parameters as the (4000) ...... 150 (71) Subpart S of this part contains transmitter power. Above 915 (3000) To 1067 rules for assignment of frequencies in (3500) ...... 200 (e) When an emission outside of the the 806–824/851–869 MHz band and for Above 763 (2500) To 915 authorized bandwidth causes harmful (3000) ...... 280 narrowband operations in the 896–901/ Above 610 (2000) To 763 interference, the Commission may, at its 935–940 MHz band. discretion, require greater attenuation (2500) ...... 400 * * * * * Above 458 (1500) To 610 than specified in this section. (2000) ...... 700 ■ 17. Section 90.205 is amended by Above 305 (1000) To 458 § 27.1510 Unacceptable interference to revising paragraph (k) to read as follows: (1500) ...... 1200 narrowband 900 MHz licensees from 900 Up to 305 (1000) ...... 2000 MHz broadband licensees. § 90.205 Power and antenna height limits. See 47 CFR 90.672. * * * * * § 27.1508 Field strength limit. (k) 806–824 MHz, 851–869 MHz, 896– The predicted or measured median PART 90—PRIVATE LAND MOBILE 901 MHz and 935–940 MHz. Power and field strength must not exceed 40 dBmV/ RADIO SERVICES height limitations for frequencies in the m at any given point along the 806–824 MHz and 851–869 MHz bands geographic license boundary, unless the ■ 14. The authority citation for part 90 and for narrowband operations in the affected licensee agrees to a different continues to read as follows: 896–901/935–940 MHz band are field strength. This value applies to both Authority: 47 U.S.C. 154(i), 161, 303(g), specified in § 90.635. the initially offered service areas and to 303(r), 332(c)(7), 1401–1473. partitioned service areas. * * * * * ■ 15. Section 90.7 is amended by adding ■ 18. Section 90.209 is amended by § 27.1509 Emission limits. definitions for ‘‘900 MHz broadband,’’ revising the heading to the table in The power of any emission outside a ‘‘900 MHz broadband licensee,’’ ‘‘900 paragraph (b)(5) and adding an entry in licensee’s frequency band(s) of MHz broadband segment,’’ ‘‘900 MHz numerical order for ‘‘896–901/935–940’’ operation shall be attenuated below the narrowband segment,’’ and to read as follows: transmitter power (P) in watts by at least ‘‘Transitioned market’’ in § 90.209 Bandwidth limitations. the following amounts: alphanumerical order to read as follows: (a) For 900 MHz broadband * * * * * operations in 897.5–900.5 MHz band by § 90.7 Definitions. (b) * * * at least 43 + 10 log (P) dB. * * * * * (5) * * *

TABLE 1 TO § 90.209(b)(5)—STANDARD CHANNEL SPACING/BANDWIDTH

Frequency band Channel spacing Authorized bandwidth (MHz) (kHz) (kHz)

******* 896–901/935–940 7 ...... 12.5 13.6

******* ******* 7 900 MHz broadband systems may operate on channels and with bandwidths pursuant to the rules specified in subpart P of part 27 of this chapter.

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* * * * * relocating it to the end of the section, § 90.210 Emission masks. and adding an entry in numerical order ■ 19. Section 90.210 is amended by * * * * * for ‘‘896–901/935–940’’ to read as revising the heading to the table, follows:

TABLE 1 TO § 90.210—APPLICABLE EMISSION MASKS

Mask for equipment Frequency band Mask for equipment without audio low pass (MHz) with audio low pass filter filter

******* 896–901/935–940 7 ...... I J

******* ******* 7 Equipment used with 900 MHz broadband systems operating under subpart P of part 27 of this chapter is subject to the emission limitations in § 27.1509 of this chapter.

■ 20. Section 90.213 is amended by numerical order for ‘‘896–901’’ and § 90.213 Frequency stability. revising the heading to the table in ‘‘935–940’’ to read as follows: (a) * * * paragraph (a) and adding entries in

TABLE 1 TO § 90.213(a)—MINIMUM FREQUENCY STABILITY [Parts per million (ppm)]

Mobile stations Frequency range Fixed and 2 watts or (MHz) base stations Over 2 watts less output output power power

******* 896–901 15 ...... 14 0.1 1.5 1.5

******* 935–940 15 ...... 0.1 1.5 1.5

******* ******* 15 Equipment used with 900 MHz broadband systems operating under subpart P of part 27 of this chapter is exempt from the frequency sta- bility requirements of this section. Instead, the frequency stability shall be sufficient to ensure that the fundamental emissions stay within the au- thorized bands of operation.

* * * * * ■ 22. Section 90.603 is amended by base station frequencies being 45 MHz revising the introductory text to read as higher and taken from the 851–869 MHz ■ 21. Section 90.601 is revised to read follows: band, or with mobile and control station as follows: frequencies taken from the 896–901 § 90.603 Eligibility. § 90.601 Scope. MHz band with corresponding base Except as specified in § 90.616, the station frequencies being 39 MHz higher This subpart sets out the regulations following persons are eligible for and taken from the 935–940 MHz band. governing the licensing and operations licensing in the 806–824 MHz, 851–869 For operations in the 897.5–900.5 MHz of all systems operating in the 806–824/ MHz, 896–901 MHz, and 935–940 MHz and 936.5–939.5 MHz bands (Channels 851–869 MHz and the narrowband bands. 120–360), no new applications will be operations in the 896–901/935–940 * * * * * accepted in a transitioned market for a MHz bands. It includes eligibility ■ 23. Section 90.613 is amended by narrowband system under part 90, requirements, and operational and revising the introductory text to read as subpart S of this chapter. Only the base technical standards for stations licensed follows: station transmitting frequency of each in these bands. It also supplements the pair is listed in the following table. rules regarding application procedures § 90.613 Frequencies available. * * * * * contained in part 1, subpart F of this The following table indicates the ■ 24. Add § 90.616 to read as follows: chapter. The rules in this subpart are to channel designations of frequencies be read in conjunction with the available for assignment to eligible § 90.616 896–897.5/935–936.5 MHz and applicable requirements contained applicants under this subpart. 900.5–901/939.5–940 MHz narrowband elsewhere in this part; however, in case Frequencies shall be assigned in pairs, segments. of conflict, the provisions of this subpart with mobile and control station (a) In a transitioned market, the shall govern with respect to licensing transmitting frequencies taken from the narrowband segments of realigned 900 and operation in these frequency bands. 806–824 MHz band with corresponding MHz spectrum (i.e., the 896–897.5/935–

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936.5 MHz and 900.5–901/939.5–940 markets to the entities set forth in § 90.617 Frequencies in the 809.750–824/ MHz bands (Paired channels 1–119 and paragraph (a) of this section, available 854.750–869 MHz, and 896–901/935–940 361–399 as specified in § 90.613)) are for use in the U.S./Canada border area. MHz bands available for trunked, designated for the following entities: conventional or cellular system use in non- border areas. (1) Applicants eligible in the TABLE 2 TO § 90.616(d)—CHANNELS Industrial/Business Pool of subpart C of IN THE 896–897.5/935–936.5 AND * * * * * (c) Except as specified in § 90.616, the this part; 900.5–901/939.5–940 MHz FRE- (2) Business/Industrial/Land channels listed in Table 3 of this section QUENCY BANDS IN TRANSITIONED Transportation Pool and Specialized are available to applicants eligible in the MARKETS AVAILABLE IN THE U.S./ Mobile Radio licensees authorized as of Industrial Business Pool of subpart C of September 13, 2018, for continuing CANADA BORDER AREA this part but exclude Specialized Mobile Radio Systems as defined in § 90.603(c). operations; and Location (3) Business/Industrial/Land Region (longitude) Channels These frequencies are available in non- Transportation Pool and Specialized border areas. Specialized Mobile Radio 1 ...... 66° W–71° W (0–100 1–119, 398, 399. (SMR) systems will not be authorized on Mobile Radio licensees authorized as of km from border). September 13, 2018, for relocation to the 2 ...... 71° W–80°30′ W (0– 1–119. these frequencies. These channels are new narrowband segments from the 100 km from bor- available for intercategory sharing as broadband segment pursuant to part 27, der). indicated in § 90.621(e). ° ′ ° subpart P, of this chapter. 3 ...... 80 30 W–85 W (0– 1–119. 100 km from bor- * * * * * (b) Applications for new der). (f) Except as specified in § 90.616, the authorizations will only be accepted 4 ...... 85° W–121°30′ W 1–119, 398, 399. channels listed in Table 6 of this section from applicants specified in paragraph (0–100 km from are available for operations only to (a)(1) of this section. border). 5 ...... 121°30′ W–127° W 1–119, 398, 399. eligibles in the SMR category—which (c) Table 1 to § 90.616(c) indicates the (0–140 km from consists of Specialized Mobile Radio channels available in transitioned border). (SMR) stations and eligible end users. markets to the entities set forth in 6 ...... 127° W–143° W (0– 1–119, 398, 399. These frequencies are available in non- paragraph (a) of this section. These 100 km from bor- der). border areas. The spectrum blocks listed frequencies are available in transitioned 7 ...... 66° W–121°30′ W 1–119, 361–399. below are available for EA-based markets in non-border areas and the (100–140 km from services according to § 90.681. U.S./Mexico border area. For multi- border). * * * * * channel systems, channels may be 8 ...... 127° W–143° W 1–119, 361–399. (100–140 km from ■ 26. Section 90.619 is amended by grouped vertically or horizontally as border). they appear in the following table. revising paragraphs (b)(1) introductory text, (b)(2) introductory text, (d)(1) (e) Table 3 to § 90.616(e) indicates introductory text, (d)(3) introductory TABLE 1 TO § 90.616(c)—CHANNELS additional channels available in IN THE 896–897.5/935–936.5 MHz text, (d)(4) and (5), and (d)(6) transitioned markets to the entities set introductory text to read as follows: AND 900.5–901/939.5–940 MHz forth in paragraph (a) of this section, FREQUENCY BANDS IN TRAN- available for use in the U.S./Canada § 90.619 Operations within the U.S./Mexico SITIONED MARKETS border area. The channels listed in and U.S./Canada border areas. [In non-border areas and in the United States/ Table 3 are available for assignment in * * * * * Mexico border area] Regions 1–6 if the maximum power flux (b) * * * density (PFD) of the station’s (1) Except as specified in § 90.616, the 1–2–3–4–5 ...... 81–82–83–84–85. transmitted signal does not exceed the channels listed in Table 1 of this section 6–7–8–9–10 ...... 86–87–88–89–90. limits specified in tables 29 and 30 of are available to applicants eligible in the 11–12–13–14–15 ...... 91–92–93–94–95. § 90.619 of this chapter. Industrial/Business Pool of subpart C of 16–17–18–19–20 ...... 96–97–98–99–100. this part but exclude Specialized Mobile 21–22–23–24–25 ...... 101–102–103–104– TABLE 3 TO § 90.616(e)—ADDITIONAL 105. Radio Systems as defined in § 90.603(c). 26–27–28–29–30 ...... 106–107–108–109– CHANNELS AVAILABLE IN TRAN- These frequencies are available within 110. SITIONED MARKETS IN THE U.S./ the Mexico border region. Specialized 31–32–33–34–35 ...... 111–112–113–114– CANADA BORDER AREA Mobile Radio (SMR) systems will not be 115. [Regions 1–6] authorized on these frequencies. For 36–37–38–39–40 ...... 116–117–118–119. multi-channel systems, channels may be 41–42–43–44–45 ...... 361–362–363–364– Region Channel Effective radiated power grouped vertically or horizontally as 365. No.’s they appear in the following table. 46–47–48–49–50 ...... 366–367–368–369– 370. 1 ...... 361–397 See Table 29 of section Channels numbered above 200 may be 51–52–53–54–55 ...... 371–372–373–374– 90.619. used only subject to the power flux 2 ...... 361–399 See Table 29 of section density limits stated in paragraph (a)(2) 375. 90.619. 56–57–58–59–60 ...... 376–377–378–379– 3 ...... 361–399 See Table 29 of section of this section: 380. 90.619. * * * * * 61–62–63–64–65 ...... 381–382–383–384– 4 ...... 361–397 See Table 29 of section (2) Except as specified in § 90.616, the 385. 90.619. channels listed in Table 2 of this section 66–67–68–69–70 ...... 386–387–388–389– 5 ...... 361–397 See Table 30 of section 390. 90.619. are available for operations only to 71–72–73–74–75 ...... 391–392–393–394– 6 ...... 361–397 See Table 29 of section eligibles in the SMR category—which 395. 90.619. consists of Specialized Mobile Radio 76–77–78–79–80 ...... 396–397–398–399. (SMR) stations and eligible end users. ■ 25. Section 90.617 is amended by These frequencies are available in the (d) Table 2 to § 90.616(d) indicates the revising the introductory text of Mexico border region. The spectrum channels available in transitioned paragraphs (c) and (f) to read as follows: blocks listed in the table below are

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available for EA-based services space formula taking into account any Carrier to Noise plus Interference (C/(I according to § 90.681. antenna discrimination in the direction + N)) ratio of the receiver section of said * * * * * of the border. transceiver to be less than 20 dB if (d) * * * * * * * * operating in the 800 MHz band, or less (1) Except as specified in § 90.616, ■ 27. Section 90.672 is revised to read than 17 dB if operating in the 900 MHz channels 1–399, as listed in § 90.613 as follows: narrowband segment, or; table of 896–901/935–940 MHz Channel (iii) Is a non-voice transceiver § 90.672 Unacceptable interference to non- Designations, are available to eligible receiving an undesired signal or signals applicants for use in the U.S./Canada cellular 800 MHz licensees from 800 MHz cellular systems or part 22 Cellular which cause the measured bit error rate border area as shown in table 27. Radiotelephone systems, and within the 900 (BER) (or some comparable * * * * * MHz narrowband segments, and to specification) of the receiver section of (3) In Region 5, except as specified in narrowband 900 MHz licensees from 900 said transceiver to be more than the § 90.616, channels 201–397 may be MHz broadband licensees. value reasonably designated by the authorized in the United States under (a) Definition. Except as provided in manufacturer. the following conditions: 47 CFR 90.617(k), unacceptable (2) Provided, however, that if the * * * * * interference to non-cellular licensees in receiver section of the mobile or (4) Except as specified in § 90.616, the 800 MHz band from 800 MHz portable voice transceiver does not channel assignments for stations to be cellular systems or part 22 of this conform to the standards set out in located in the geographical area in chapter, Cellular Radiotelephone paragraph (b) of this section, then that Region 1 enclosed by the United States- systems; unacceptable interference transceiver shall be deemed subject to ° Canada border, the meridian 71 W and within the 900 MHz narrowband unacceptable interference only at sites the line beginning at the intersection of segment; and unacceptable interference where the median desired signal ° ′ ° 44 25 N, 71 W, then running by great to narrowband 900 MHz licensees from satisfies the applicable threshold ° circle arc to the intersection of 45 N, 900 MHz broadband licensees, will be measured signal power in paragraph ° ° 70 W, then North along meridian 70 W deemed to occur when the below (a)(1)(i) of this section after an upward ° ′ to the intersection of 45 45 N, then conditions are met: adjustment to account for the difference ° ′ (1) A transceiver at a site at which running West along 45 45 N to the in receiver section performance. The intersection of the United States-Canada interference is encountered: (i) Is in good repair and operating upward adjustment shall be equal to the border, will be only for channels 121 increase in the desired signal required through 160, inclusive, and will be condition, and is receiving: (A) From the 800 MHz band, a median to restore the receiver section of the limited to assignments with 11 kHz or ¥ subject transceiver to the 20 dB C/(I + less necessary bandwidth. Coordination desired signal strength of 104 dBm or higher if operating in the 800 MHz N) ratio of paragraph (a)(1)(ii)(B) of this with Canada will be required for these section. The adjusted threshold levels channels. band, or a median desired signal strength of ¥88 dBm if operating in the shall then define the minimum (5) Except as specified in § 90.616, measured signal power(s) in lieu of channel assignments for stations to be 900 MHz narrowband segment, as measured at the R.F. input of the paragraph (a)(1)(i) of this section at located in the geographical area in which the licensee using such non- Region 3 enclosed by the meridian of receiver of a mobile unit; or (B) From the 800 MHz band, a median compliant transceiver is entitled to 81° W longitude, the arc of a circle of desired signal strength of ¥101 dBm or interference protection. 100 km radius centered at 42°39′30″ N higher if operating in the 800 MHz latitude and 81° W longitude at the (b) Minimum receiver requirements. band, or a median desired signal northern shore of Lake Erie and drawn Voice transceivers capable of operating strength of ¥85 dBm if operating in the clockwise from the southerly in the 806–824 MHz portion of the 800 900 MHz narrowband segment; or, as intersection with 80°30′ W longitude to MHz band, or in the 900 MHz measured at the R.F. input of the intersect the United States-Canada narrowband segment, shall have the receiver of a portable i.e., hand-held border West of 81° W, and the United following minimum performance unit; specifications in order for the system in States-Canada border, will be only for (C) From the 900 MHz broadband channels 121 through 230, inclusive, which such transceivers are used to segment, a median desired signal claim entitlement to full protection and will be limited to assignments with strength of ¥104 dBm or higher if 11 kHz or less necessary bandwidth. against unacceptable interference. (See operating in the 900 MHz narrowband paragraph (a)(2) of this section.) Coordination with Canada will be segment, as measured at the R.F. input required for these channels. U.S. of the receiver of a mobile unit; or (1) Voice units intended for mobile stations must protect Canadian stations (D) From the 900 MHz broadband use: 75 dB intermodulation rejection operating on channels 121 through 230 segment, median desired signal strength ratio; 75 dB adjacent channel rejection within an area of 30 km radius from the of ¥101 dBm or higher if operating in ratio; ¥116 dBm reference sensitivity. center city coordinates (referenced to the 900 MHz narrowband segment, as (2) Voice units intended for portable North American Datum 1983 (NAD83)) measured at the R.F. input of the use: 70 dB intermodulation rejection of London, Ontario (42°59′00.1″ N, receiver of a portable, i.e., hand-held ° ′ ″ ratio; 70 dB adjacent channel rejection 81 13 59.5 W). unit; and either ratio; ¥116 dBm reference sensitivity. (6) Additional channels available: (ii) Is a voice transceiver: Except as specified in § 90.616, the (A) With manufacturer published (3) Voice units intended for mobile or channels listed in table 28 are available performance specifications for the portable use in the 900 MHz for assignment in Regions 1–6 if the receiver section of the transceiver equal narrowband segment: 60 dB maximum power flux density (PFD) of intermodulation rejection ratio; 60 dB to, or exceeding, the minimum ¥ the station’s transmitted signal does not standards set out in paragraph (b) of this adjacent channel rejection ratio; 116 exceed the limits specified in tables 29 section, and; dBm reference sensitivity. and 30 in this section. The spreading (B) Receiving an undesired signal or [FR Doc. 2020–11897 Filed 7–15–20; 8:45 am] loss shall be calculated using the free signals which cause the measured BILLING CODE 6712–01–P

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