.,JOCKET FILE COpy ORIGINAL
Before the RECEIVED
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554 MAR 5 2001
In the Matter of
Implementation of Sections 309(j) and
337 of the Communications Act of 1934
as Amended
Promotion of Spectrum Efficient
Technologies on Certain Part 90
Frequencies
Establishment of Public Service Radio
Pool in the Private Mobile
Frequencies Below 800 MHz
Petition for Rule Making of the American Mobile
Telecommunications Association
fI!I)EIW.~.'IUIIIf
0fMIF lIESIiR'M
)
)
) WT Docket No. 99-87 /
) .--J
)
)
) RM-9332
)
)
)
) RM-9405
)
)
)
) RM-9705
)
Comments of the Industrial Telecommunications Association, Inc.
The Industrial Telecommunications Association, Inc. (ITA) hereby respectfully submits
its comments in response to the Federal Communications Commission's Further Notice of
Proposed Rule Making (BBA-97 NPRM) in the above-referenced matter, I which seeks comment
on two issues with respect to private land mobile licensees. First, the BBA-97 NPRM seeks
comment on the American Mobile Telecommunications Association's (AMTA) proposal for a
mandatory migration to spectrally efficient equipment for Private Mobile Radio Service (PMRS)
See Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended;
Promotion of Spectrum Efficient Technologies 011 Certain Part 90 Frequencies; Establishment of Public
Service Radio Pool in the Private Mobile Frequencies Below 800 MHz; Petition for Rule Making of the
American Mobile Telecommunications Association (AMTA), WT Docket No. 99-87, FCC 00-403,
Report and Order and Further Notice ofProposed Rule Making (reI. Nov. 20, 2000) (BBA-97 NPRM).
ott
licensees.
2
As discussed herein, ITA supports a transition to 12.5 kHz narrowband equipment
and urges the Commission to adopt efficiency requirements for both licensees and equipment
manufacturers. ITA believes any mandated transition to 6.25 kHz is premature. Second, the
BBA-97 NPRM seeks comment on whether the Commission should permit 900 MHz Business
Industrial/Land Transportation (BilLT) licensees to convert their licenses to commercial use, as it
has with respect to 800 MHz licensees. ITA believes that service offerings at 800 MHz and 900
MHz are sufficiently different, however; accordingly, the Commission should implement
flexibility at 800 MHz and monitor marketplace developments before implementing similar
flexibility at 900 MHz.
I. Statement of Interest
ITA is a Commission-certified frequency advisory committee coordinating in excess of
6,000 applications per year on behalf of applicants seeking Commission authority to operate
BIlLT radio stations on frequency assignments allocated between 30-900 MHz.
ITA enjoys the support of a membership including more than 3,500 licensed two-way
land mobile radio communications users, PMRS-oriented radio dealer organizations, and the
following trade associations:
Alliance of Motion Picture and Television Producers
Aeronautical Radio, Inc.
Associated Builders & Contractors, Inc.
Florida Citrus Processors Association
Florida Fruit & Vegetable Association
National Mining Congress
National Propane Gas Association
National Ready-Mixed Concrete Association
See American Mobile Telecommunications Association (AMTA), Promotion of Spectrum
Efficient Technologies on Certain Part 90 Frequencies, Petition/or Rulemaking, RM-9332 (filed June 19,
1998) (AMTA Petition).
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National Utility Contractors Association
New England Fuel Institute
United States Telephone Association
In addition, ITA is affiliated with the following independent market councils: the Council of
Independent Communication Suppliers, the Taxicab & Livery Communications Council, the
Telephone Maintenance Frequency Advisory Committee, and USMSS, Inc.
II. Background
On March 25, 1999, the Commission released a Notice ofProposed Rule Making seeking
comment on its revised and expanded auction authority for wireless telecommunications services
under Sections 309(j) and 337 of the Communications Act of 1934, as amended by the Balanced
Budget Act of 1997 (BBA).3 ITA jointly filed comments
4
and reply comments
5
with the Council
of Independent Communications Suppliers (CICS), the Taxicab and Livery Communications
Council (TLCC) and the Telephone Maintenance Frequency Advisory Committee (TELFAC) on
August 2, 1999 and September 30, 1999, respectively. On November 20, 2000, the Commission
released a Report and Order and Further Notice ofProposed Rule Making in this proceeding,
See Implementation of Sections 3090) and 337 ofthe Communications Act of 1934 as Amended;
Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies; Establishment of Public
Service Radio Pool in the Private Mobile Frequencies Below 800 MHz, WT Docket No. 99-87, Notice of
Proposed Rule Making (reI. Mar. 25, 1999).
4 See Joint Comments of the Industrial Telecommunications Association, Inc. (ITA), the Taxicab
& Livery Communications Council (TLCC) and the Telephone Maintenance Frequency Advisory
Committee (TELFAC), Implementation of Sections 3090) and 337 of the Communications Act of 1934
as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies;
Establishment of Public Service Radio Pool in the Private Mobile Frequencies Below 800 MHz, WT
Docket No. 99-87 (filed Aug. 2, 1999).
5 See Joint Reply Comments of ITA, TLCC and TELFAC, Implementation of Sections 309(j) and
337 ofthe Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on
Certain Part 90 Frequencies; Establishment of Public Service Radio Pool in the Private Mobile
Frequencies Below 800 MHz, WT Docket No. 99-87 (filed Sept. 30, 1999).
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9
ruling on its expanded auction authority and seeking comment on the two private land mobile
issues that are the subject of these comments.
III. Mandatory Migration to Spectrally Efficient Equipment
In the BBA-97 NPRM, the Commission seeks comments on two approaches for
mandating a transition to narrowband technology for certain Part 90 licensees.
6
The first
proposal, suggested by AMTA, establishes a timeframe by which licensees must employ
spectrally efficient technology.
7
The second proposal prohibits the manufacture or importation
of non-spectrally efficient equipment.
8
ITA supports the Commission's efforts to mandate the
use of more efficient equipment. Indeed, ITA believes that the Commission should require both
licensees and equipment manufacturers to satisfY efficiency standards of one voice or 9.6 kbps
data per 12.5 kHz in order to ensure the effective and timely transition to narrowband technology.
A. AMTA's Proposal To Mandate Licensees' Deployment of Efficient Technology
AMTA's proposal phases in narrowband technology through licensee compliance with
mandated deadlines for deployment ofnew spectrum-efficient technologies. The new technology
would be phased in from 2003 to 2020, beginning with the most urban markets. Licensees
operating in the most congested areas (urban area markets 1-50)9 would be required to adopt
spectrally efficient technology by December 3L 2003. Licensees operating in markets 51-100
would be required to adopt spectrally efficient technology by December 31, 2008, and licensees
operating in the remaining markets would be required to adopt such technology by December 31,
The proposed mandatory migration would apply to non-Public Safety licensees in the bands
between 222 MHz and 896 MHz.
7 BBA-97 NPRM at~~137-141; see also AMTA Petition at 6-8.
BBA-97 NPRM at~142.
See 47 C.F.R. § 90.741 (setting forth the urban area market rankings used in AMTA's proposal).
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II
10
2020. According to the proposal submitted by AMTA, licensees failing to deploy narrowband
technology on schedule would be required to accept secondary status. 10
ITA agrees with AMTA that licensees operating in urban areas (markets 1-50) should be
required to transition to 12.5 or equivalent efficiency narrowband technology by December 31,
2003. II These geographic areas have the most immediate need for narrowband technology and,
accordingly, a swift transition period is appropriate. Mandating spectrally efficient technology
by 2003 will open new channels for operation and increase spectrum capacity within a short
timeframe. While this deadline imposes some time constraints on licensees, the increased
capacity will provide much-needed relief for traffic on shared spectrum in heavily saturated
markets; moreover, the industry is quite capable of meeting this deadline. After polling its
membership, ITA believes that many PMRS licensees and providers are fully aware of the
potential for a rapid transition to narrowband equipment, and many industry members would like
such a transition to occur as soon as possible.
While ITA supports the proposed deadline of December 31, 2003 for urban-area
licensees, ITA does not support AMTA's proposed timeframe of December 31, 2008 or
December 31, 2020 for licensees in less congested markets. Such a lengthy transition period
would provide licensees with an unnecessarily protracted amount of time to adopt narrowband
technology. Licensees should not be permitted to wait until 2008 or as late as 2020 to deploy
more efficient technology. Permitting such a delayed transition in rural areas would perpetuate
and even promote an unnecessary disparity in the efficiency of technology deployed by land
See AMTA Petition at 6-7.
This would include systems with at least one voice path per 12.5 kHz or equivalent and data
systems with a data rate ofat least 9600 bps per 12.5 kHz, or equivalent.
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mobile licensees. As the Commission noted, "a user that continues to employ spectrally
inefficient equipment, when more efficient alternatives are available, is harming other users with
whom it is sharing the frequencies in these bands."12 Moreover, the entire industry would benefit
from an increase in the amount ofprivate land mobile channels available for use.
ITA proposes that licensees in non-urban areas (markets 51 and higher) should be
required to implement 12.5 kHz or equivalent efficiency narrowband technology by December
31, 2005. This deadline would take into account both the needs of current licensees, as well as
the feasibility of implementing narrowband technology in a timely manner. By adopting this
deadline, licensees in more rural areas would have sufficient latitude to implement new
technology over an extended period of time, without unnecessarily delaying the uniform and
complete migration to narrowband technology among the private land mobile community.
B. Proposal To Prohibit Manufacture or Importation of Inefficient Technology
As an alternative to AMTA's proposal, the Commission seeks comment on migration to
spectrally efficient technology by "prohibit[ing] the manufacture or importation of equipment
that does not meet certain efficiency standards by January 1,2005.,,13 Unlike AMTA's proposal,
this approach focuses upon compliance with certain efficiency standards by equipment
manufacturers and providers rather than licensees. The Commission has tentatively concluded
that it will adopt this manufacturing-based approach to "encourage the migration to narrowband
technology.,,14 ITA agrees that the Commission should prohibit the manufacture of inefficient
equipment by a specific date; however, such a requirement will be ineffective unless the
12
13
14
BBA-97 NPRM at~142.
See BBA-97 NPRM at~142.
ld
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Commission also reqUlres licensees to transition to spectrally efficient technology. Absent
licensee cooperation, equipment manufacturers cannot effectively implement a timely migration
to narrowband technology. Mandating the manufacturing or importation of spectrally efficient
technology does not actually mandate the deployment ofsuch technology.
Adoption of a manufacturing-based approach, without any concomitant licensee
requirements, will permit market forces to determine when users will deploy spectrally efficient
technology; ITA believes, however, that market-based forces have proven inadequate. The
Commission's current type-certification requirements illustrate the ineffectiveness ofequipment-
based requirements and market forces in implementing new technology. On February 14, 1997,
the Commission adopted rules to facilitate a market-oriented transition to narrowband technology
by allowing certification of wideband equipment for VHF and UHF transmitters only if the
transmitter is capable of operating on narrowband channels. IS Notwithstanding this requirement,
however, the Commission is "inclined to agree ... that the current pace of migration to more
spectrally efficient technology is not rapid enough.,,16 Using this historical knowledge, the
Commission should adopt regulations that hold private wireless licensees accountable for the
efficiency oftheir systems-not just equipment manufacturers.
ITA urges the Commission to prohibit the manufacture or importation of equipment
which does not have the capability of at least one voice path per 12.5 kHz, or a data rate of 9600
bps in 12.5 kHz, or equivalent, effective six months after publication in the Federal Register.
Although the Commission ultimately envisions a transition to equipment operating on 6.25 kHz
15
16
Id. at~138; see also 47 C.F.R. § 90.203(j).
BBA-97 NPRM at~141.
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channel bandwidths in frequencies for private land mobile radio service,17 the Commission
should refrain from issuing a deadline for migration to 6.25 kHz equipment at this time.
The Commission should first implement a transition to 12.5 kHz equipment, providing time for
manufacturers to research and develop 6.25 kHz technology and for the Commission and private
land mobile community to gather information and make an informed decision with respect to
6.25 kHz equipment.
C. Full Implementation of the LMCC Low Power Plan at 450-470 MHz
ITA also recommends that the Commission expeditiously implement the full breadth of
recommendations submitted by the Land Mobile Communications Council in 1997 regarding the
low power frequencies in the 450-470 MHz. The LMCC recommendation was based on market
requirements that exist for additional full power channels, some low power coordinated channels
with base stations and some low power uncoordinated mobile-only channels. Continued
uncertainty and delays in modifying the rules to implement the full LMCC low power transition
recommendation hampers the private wireless community's attempts to deploy more efficient
equipment in the 450-470 MHz band.
D. Efficiency of Data Systems
An additional spectrum-efficient solution increasingly being deployed by private wireless
users is a data system. Where data applications meet a user's operational requirements, data
systems can generally accommodate significantly more users on a channel that a conventional
voice system. ITA suggests that the Commission examine whether data-only systems in the
bands below 512 MHz should be permitted to obtain a protected service area, similar to the rules
17
See 47 C.F.R. § 90.203U)(4).
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already in place for trunked systems.
E. Narrowband Emission Designators for Renewal
As a final matter, in order to facilitate the narrowband conversion for the entire industry,
the Commission should require PMRS licensees to include narrowband emission designators in
their applications for renewal; PMRS licensees who fail to do so should accept secondary status
with respect to their surrounding narrowband-compliant operators. By the same token, a licensee
that obtains a renewed license but fails to operate within these technical parameters should be
required to accept secondary status.
IV. 900 MHz Flexibility
In addition to seeking comment on proposed requirements for spectrally efficient
technology, the Commission also seeks comment on its proposal to permit 900 MHz licensees to
convert their licenses to commercial mobile radio service (CMRS) use or otherwise assign or
transfer their spectrum CMRS providers.
18
The Commission suggests that this proposal would
mirror the Commission's decision to permit 800 MHz licensees the ability to convert their
licenses for commercial use,19 thereby "promot[ing] ... the statutory objective of regulatory
symmetry among CMRS providers."20 The Commission also recognizes the "unique
characteristics of the 800 MHz PLMR bands, however," and therefore seeks comment as to
whether they "should continue to treat the 800 MHz and 900 MHz bands differently.,,2] ITA
18
19
20
21
BBA-97 NPRM at,-r 143-144.
Id. at,-r 108-119.
Id at~144.
Id.
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22
submits that the 800 MHz and 900 MHz bands do not present analogous environments;
accordingly, extending flexibility to 900 MHz licensees would be premature at this time.
Pursuant to the Commission's newly-amended rules, 800 MHz BI/LT licensees may
provide commercial service, as well as assign or transfer their licenses to CMRS operators for
commercial use, subject to the following restrictions: (l) licensees may not convert or assign the
license until five years after the original grant; and (2) once a licensee has converted or assigned
a BIlLT license for commercial use, they will be prohibited from obtaining a new BIlLT 800
MHz license in the same geographic area for one year.
22
Should flexibility be extended to 900
MHz licensees, the Commission intends to impose a holding period for 900 MHz spectrum,
much like the new 800 MHz restrictions outlined above.
23
ITA urges the Commission to monitor the implementation of flexibility for 800 MHz
licensees prior to amending its rules with respect to 900 MHz licensees. ITA believes that the
800 MHz and 900 MHz wireless environments differ significantly in terms of services provided,
and that a decision to mandate flexibility in the 800 MHz band should not necessarily apply to
the 900 MHz band. For example, traditional SMR technology development has long been co-
mingled with private wireless licensees at 800 MHz; in contrast, substantial commercial use does
not exist on private land mobile channels at 900 MHz. In response to a recent poll ofthe ITA
membership on this issue, one of our members illustrated the kind of service and benefits
provided by non-commercial 900 MHz channels:
ld. at~114-116; see also 47 C.F.R. § 90.62 1(e)(2). The five-year holding requirement does not
apply to licenses that have been granted, or for which an application has been filed, as of November 9,
2000. BBA-97NPRMat~116; see also 47 C.F.R. § 90.621 (e)(2)(ii).
23 BBA-97 NPRM at~144.
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900 MHz PMRS channels coordinated a safe evacuation and medical response in
our building during the 1995 Oklahoma City bombing while CMRS channels
were being brutalized. We would in no way be interested in turning over our
building's security and maintenance communications at 900 MHz to commercial
providers.
ITA believes that the Commission cannot make an informed decision with respect to the
900 MHz band until the number of 800 MHz BIILT licensees interested in assigning or
transferring spectrum to CMRS providers becomes apparent. Accordingly, the Commission
should propose flexible use requirements for 900 MHz only upon consideration of the
developments at 800 MHz.
V. Conclusion
ITA fully supports Commission efforts to facilitate the migration to narrowband
equipment in PMRS spectrum. As discussed above, in order to ensure an effective and timely
transition to spectrally efficient technology, the Commission should impose requirements for
12.5 kHz or equivalent efficiency upon both licensees and equipment manufacturers. Moreover,
the Commission should mandate narrowband emission designators for licensees at renewal. ITA
believes that it is premature, however, for the Commission to require a transition to 6.25 kHz
equipment or to relax use restrictions applicable to 900 MHz BIlLT licensees. The Commission
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should monitor the developments at 800 MHz before extending similar flexibility to a vastly
different environment at 900 MHz.
Respectfully submitted,
INDUSTRIAL TELECOMMUNICATIONS
ASSOCIATION, INC.
1110 North Glebe Road, Suite 500
Arlington, Virginia 22201
703-528-5115
Laura L. Smith
Presid CE
//
Jeremy W. De ton
Director, Government Affairs
Date: March 5,2001
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CERTIFICATE OF SERVICE
I, Jeremy W. Denton, do hereby certify that on the 5th day ofMarch 2001, I forwarded to
the parties listed below a copy ofthe foregoing Comments ofthe Industrial Telecommunications
Association via hand delivery:
Peter A. Tenhula, Esq.
Senior Legal Advisor
Office ofChairman Michael K. Powell
445 12th Street, S.W., 8-B201
Washington, DC 20554
Mark Schneider, Esq.
Senior Legal Advisor
Office of Commissioner Ness
445 12th Street, S.W., 8-Bl15
Washington, DC 20554
Bryan Tramont, Esq.
Legal Advisor
Office of Commissioner Furchtgott-Roth
445 12th Street, S.W., 8-A302
Washington, DC 20554
Adam Krinsky, Esq.
Legal Advisor
Office ofCommissioner Tristani
445 12th Street, S.W., 8-C302
Washington, DC 20554
Thomas J. Sugrue, Esq.
Chief, Wireless Telecommunications Bureau
445 1t
h
Street, SW, Room 3-C252
Washington, DC 20554
Kathleen Ham, Esq.
Deputy Chief, Wireless Telecommunications Bureau
445 1t
h
Street, SW, Room 3-C255
Washington, DC 20554
D'wana R. Terry, Esq.
Chief, Public Safety & Private Wireless Division
Wireless Telecommunications Bureau
445 1t
h
Street, SW, Room 4-C321
Washington, DC 20554
Ramona E. Melson, Esq.
Deputy Chief, Public Safety & Private Wireless Division
Wireless Telecommunications Bureau
445 Ii
h
Street, SW, Room 4-C237
Washington, DC 20554
Mr. Herbert W. Zeiler
Deputy Chief, Public Safety & Private Wireless Division
Wireless Telecommunications Bureau
445 12
th
Street, SW, Room 4-C343
Washington, DC 20554
Leora Hochstein
Auctions and Industry Analysis Division
Wireless Telecommunications Bureau
445 Ii
ll
Street, SW, Room #4-A633
Washington, DC 20554
Scot Stone
Public Safety and Private Wireless Division
Wireless Telecommunications Bureau
445 12
th
Street, SW, Room #4-B408
Washington, DC 20554
Office ofthe Secretary
445 li
h
Street, SW, Room TW-325
Washington, DC 20554