FCC Web Documents citing 90.361

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.pdf http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.txt
  • our analysis? D. Part 90 Safe Harbor for Secondary Operations In the LMS Report and Order, the Commission adopted a safe harbor for unlicensed users of Part 15 devices and licensed amateur operations, within which they are legally insulated from M-LMS operators' claims of harmful interference. As stated at the outset of this Notice, we tentatively conclude that the Section 90.361 safe harbor provision should be retained. We believe this rule effectively delineates rights and responsibilities such that the efficient sharing of the band can occur with limited potential for interference. The safe harbor provides a bright line for all parties, licensed and unlicensed, operating in this band. Although Progeny argues that the safe harbor creates an uncertain regulatory framework for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-817A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-817A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-817A1.txt
  • Qualex International, Portals II, 445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, telephone (202) 863-2893, by facsimile (202) 863-2898, or via e-mail at qualexint@aol.com. ). Action by the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau. -FCC- 47 C.F.R. § 90.353(d) & (f). 47 C.F.R. § 90.353(c). 47 C.F.R. § 90.351 & 90.353(b). 47 C.F.R. § 90.361. See 47 C.F.R. §§ 1.1200(a), 1.1206. See 47 C.F.R. § 1.1206(b). Id. See In the Matter of Implementation of Interim Electronic Filing Procedures for Certain Commission Filings, Order, FCC 01-345 (rel. Nov. 29, 2001) See ``FCC Announces a New Filing Location for Paper Documents and a New Fax Number for General Correspondence,'' Public Notice, DA 01-2919 (rel. Dec. 14, 2001).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-731A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-731A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-731A1.txt
  • disclosed in accordance with the requirements of Section 1.1206(b) of the Commission's Rules, 47 C.F.R. § 1.1206(b). Action by the Chief, Mobility Division, Wireless Telecommunications Bureau. FOR FURTHER INFORMATION CONTACT Paul Noone, Mobility Division, Wireless Telecommunications Bureau at (202) 418-7945, TTY (202) 418-7233 or via email to paul.noone@fcc.gov. -FCC- See Universal Licensing System file number 0001534267. See 47 C.F.R. § 90.361. In the LMS Second Report and Order, the Commission eliminated the one-year M-LMS construction requirement and established the requirement that M-LMS EA licensees must ``construct and place into operation a sufficient number of base stations . . . to provide multilateration location service to one-third of the EA's population within five years of the initial license grant, and two thirds
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • Radio Service are set forth in this subpart. Legal Basis: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7). Section Number and Title: 90.350 Scope. 90.351 Location and Monitoring Service. 90.353 LMS Operations in the 902-928 MHz band. 90.355 LMS Operations below 512 MHz. 90.357 Frequencies for LMS systems in the 902-928 MHz band. 90.359 Field Strength Limits for MTA-licensed LMS systems. 90.361 Interference from part 15 devices [now titled, ``Interference from part 15 and Amateur operations.''] 90.363 Grandfathering provisions for existing AVM Licensees. SUBPART S -- REGULATIONS GOVERNING LICENSING AND USE OF FREQUENCIES IN THE 806-824, 851-869, 896-901, AND 935-940 MHZ BANDS Brief Description: The part 90 rules state the conditions under which radio communications systems may be licensed and used in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2614A1.txt
  • rules encompassing the Automatic Vehicle Monitoring (AVM) service for which the Commission had adopted ``interim'' rules in 1974). 47 C.F.R. §§ 2.106, 18.301, 18.111(c). 47 C.F.R. § 90.353(a). 47 C.F.R. § 97.301. Under Part 15, unlicensed devices may not cause harmful interference to LMS licensees, amateur operations, or other licensed systems in the 902-928 MHz band. See 47 C.F.R. § 90.361. Users of Part 15 devices conforming to specified technical conditions under the safe harbor, however, are insulated from claims in the 902-928 MHz band that such devices cause harmful interference to M-LMS systems. Id. Location and Monitoring Service Auction Closes, Winning Bidders in the Auction of 528 Multilateration Licenses in the Location and Monitoring Service, Public Notice, 14 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1.txt
  • at 4697 ¶ 4. 47 C.F.R. §§ 2.106, 18.301, 18.111(c). Id. § 90.353(a). Id. § 97.301. Under a safe harbor contained in the rules, users of Part 15 devices conforming to specified technical conditions under the safe harbor are insulated from claims in the 902-928 MHz band that such devices cause harmful interference to M-LMS systems. See 47 C.F.R. § 90.361. LMS Report and Order, 10 FCC Rcd at 4708 ¶ 23. Id. at 4737 ¶ 82; 47 C.F.R. § 90.353(d). Block A is 6 megahertz of spectrum, consisting of a 5.75 megahertz block paired with a 0.25 megahertz narrowband channel. Block B 2.25 megahertz of spectrum, consisting of a 2 megahertz block shared with non-M LMS, paired with a 0.25
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2036A1_Rcd.pdf
  • sought to ensure that any changes would continue to protect federal and other licensed users in the 13Under a safe harbor contained in the rules, users of Part 15 devices conforming to specified technical conditions under the safe harbor are insulated from claims in the 902-928 MHz band that such devices cause harmful interference to M-LMS systems. See47 C.F.R. § 90.361. 14LMS Report and Order, 10 FCC Rcd at 4708 ¶ 23. 15Id. at 4737 ¶ 82; 47 C.F.R. § 90.353(d). 16Block A is 6 megahertz of spectrum, consisting of a 5.75 megahertz block paired with a 0.25 megahertz narrowband channel. Block B 2.25 megahertz of spectrum, consisting of a 2 megahertz block shared with non-M LMS, paired with a 0.25
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-116A1.txt
  • any [primary Fixed microwave directional] antenna ... that does not meet performance Standard A ... at the expense of the licensee operating such antenna, upon a showing that said antenna [is likely to] receive interference from ... any other authorized antenna or applied for station whereas a higher performance antenna is not likely to involve such interference.''); 47 C.F.R. § 90.361 (finding that primary multilateration LMS systems cannot claim harmful interference from parts 15 and 97 operations that operate under certain conditions).] Given the conservative MVDDS transmitting power level and the availability of simple protective measures, we find that DBS licensees can introduce new DBS receiver antennas without experiencing harmful interference from the MVDDS signal. See RLBSA, § 2002(B)(2). See 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-124A1.txt
  • elimination of restrictions baring a single licensee from holding all LMS licenses in a given area, elimination of the restriction on real-time interconnection, elimination of the restriction on the types of services LMS licensees may offer, and the substitution of technical limits, as necessary, for the current service limitations. Progeny also requests modification of the safe harbor provision of Section 90.361 of the rules that creates a presumption of non-interference from Part 15 and Amateur operations in the 902 - 928 MHz band. Havens asserts that the changes to the Part 15 rules adopted in the Second Report and Order that allow increased flexibility for unlicensed devices may lead to increased Part 15 use, which would jeopardize effective use of LMS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-24A1.txt
  • our analysis? D. Part 90 Safe Harbor for Secondary Operations In the LMS Report and Order, the Commission adopted a safe harbor for unlicensed users of Part 15 devices and licensed amateur operations, within which they are legally insulated from M-LMS operators' claims of harmful interference. As stated at the outset of this Notice, we tentatively conclude that the Section 90.361 safe harbor provision should be retained. We believe this rule effectively delineates rights and responsibilities such that the efficient sharing of the band can occur with limited potential for interference. The safe harbor provides a bright line for all parties, licensed and unlicensed, operating in this band. Although Progeny argues that the safe harbor creates an uncertain regulatory framework for
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-117A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-117A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-117A1.txt
  • claims that the new rules will lead to increased spectrum use of the 915 MHz band by unlicensed devices and thus will adversely affect M-LMS systems by changing the ``regulatory coexistence'' between Part 15 and LMS operations (i.e., the balance of aggregate M-LMS systems and aggregate unlicensed devices) and by altering the premise of the ``safe harbor'' in rule section 90.361 (i.e., that unlicensed devices would not operate in close proximity to M-LMS). Havens further alleges that the Part 15 rule changes violate Section 15.5 of the rules, which requires that unlicensed devices not interfere with licensed system operations. Decision. We decline to suspend the Part 15 rule changes adopted in the Report and Order or consider modifying the M-LMS rules
• http://transition.fcc.gov/Speeches/Powell/Statements/2002/stmkp211.html http://transition.fcc.gov/Speeches/Powell/Statements/2002/stmkp211.pdf http://transition.fcc.gov/Speeches/Powell/Statements/2002/stmkp211.txt
  • antenna . . . that does not meet performance Standard A . . . at the expense of the licensee operating such antenna, upon a showing that said antenna [is likely to] receive interference from . . . any other authorized antenna or applied for station whereas a higher performance antenna is not likely to involve such interference."); 47 C.F.R. 90.361 (finding that primary multilateration LMS systems cannot claim harmful interference from parts 15 and 97 operations that operate under certain conditions). [25][5] The dissent notes that the majority allows MVDDS licensees to cause harmful interference . . after one year . . . even if it is caused by a change in MVDDS operation. Yet the Order concluded that any
• http://wireless.fcc.gov/auctions/21/releases/fc960115.pdf http://wireless.fcc.gov/auctions/21/releases/fc960115.txt http://wireless.fcc.gov/auctions/21/releases/fc960115.wp
  • commence operations only 12 after demonstrating efforts to minimize interference with Part 15 operations.13 7. In this Order on Reconsideration, we clarify our decision in the LMS Report and Order regarding the treatment of grandfathered LMS systems with respect to Part 15 interference testing. In addition, we clarify that the rule regarding non-interference by Part 15 devices set out in §90.361 applies to grandfathered LMS licensees that did not construct as of February 3, 1995, as well as future LMS licensees. We also consider modification of various technical rules, including emission mask specification, frequency tolerance, and site relocation, and we clarify our rules regarding type acceptance of LMS equipment. Any remaining issues raised in the petitions for reconsideration will be addressed
• http://wireless.fcc.gov/auctions/21/releases/fc970305.pdf http://wireless.fcc.gov/auctions/21/releases/fc970305.txt http://wireless.fcc.gov/auctions/21/releases/fc970305.wp
  • Some of them contend that the height limit should be eliminated, or at least raised to accommodate schools, libraries and other users that might locate their antennas on top of buildings or street light poles. If the Commission does not eliminate or relax the 48 height/power requirements, some parties suggest that it add educational users to the exemption of Section 90.361(c)(2)(ii)(B), which now permits public safety and special emergency users to employ full power with antennas up to 15 meters. Similarly, UTC suggests revising the rule so that entities listed in Section 90.63 49 of the Commission's Rules (i.e., Power Radio Service entities such as utilities) will not be subject to the height/power restriction. Metricom submits that the safe harbor limits
• http://wireless.fcc.gov/auctions/21/releases/lmsbp_g.pdf
  • Some of them contend that the height limit should be eliminated, or at least raised to accommodate schools, libraries and other users that might locate their antennas on top of buildings or street light poles. If the Commission does not eliminate or relax the 48 height/power requirements, some parties suggest that it add educational users to the exemption of Section 90.361(c)(2)(ii)(B), which now permits public safety and special emergency users to employ full power with antennas up to 15 meters. Similarly, UTC suggests revising the rule so that entities listed in Section 90.63 49 of the Commission's Rules (i.e., Power Radio Service entities such as utilities) will not be subject to the height/power restriction. Metricom submits that the safe harbor limits
• http://wireless.fcc.gov/auctions/53/releases/fc020116.pdf
  • procedures should be established between NGSO FSS earth stations and MVDDS transmitting sites rather than specifying particular EPFD limits.231 96. The Commission proposed to limit the interference that MVDDS transmitting systems would cause to NGSO FSS receivers by restricting MVDDS transmitter power to 12.5 dBm in most areas.232 (...continued from previous page) likely to involve such interference."); 47 C.F.R. § 90.361 (finding that primary multilateration LMS systems cannot claim harmful interference from parts 15 and 97 operations that operate under certain conditions).] Given the conservative MVDDS transmitting power level and the availability of simple protective measures, we find that DBS licensees can introduce new DBS receiver antennas without experiencing harmful interference from the MVDDS signal. 227 See RLBSA, § 2002(B)(2). 228
• http://www.fcc.gov/Speeches/Powell/Statements/2002/stmkp211.html http://www.fcc.gov/Speeches/Powell/Statements/2002/stmkp211.pdf http://www.fcc.gov/Speeches/Powell/Statements/2002/stmkp211.txt
  • antenna . . . that does not meet performance Standard A . . . at the expense of the licensee operating such antenna, upon a showing that said antenna [is likely to] receive interference from . . . any other authorized antenna or applied for station whereas a higher performance antenna is not likely to involve such interference."); 47 C.F.R. 90.361 (finding that primary multilateration LMS systems cannot claim harmful interference from parts 15 and 97 operations that operate under certain conditions). [25][5] The dissent notes that the majority allows MVDDS licensees to cause harmful interference . . after one year . . . even if it is caused by a change in MVDDS operation. Yet the Order concluded that any