Docket No. 17891 RM-798
FEDERAL COMMUNICATIONS COMMISSION
13 F.C.C.2d 713 (1968); 13 Rad. Reg. 2d (P & F) 1635
RELEASE-NUMBER: FCC 68-657
June 24, 1968 Adopted
[*713] 1. On November 29, 1967, the Commission issued its Notice of Proposed Rulemaking in the above-entitled proceeding which was published in the Federal Register on December 5, 1967, 32. F.R. 17440. The time for filing comments and reply comments has expired.
2. In that Notice the Commission proposed to amend its rules to allow persons rendering a central station commercial protection service to obtain licenses on a regular, rather than developmental, basis for the use of the frequencies 952.1, 952.2, 952.3, and 952.4 Mc/s and the frequency pairs 952.8-956.4, 952.9-956.5, 956.2-959.8 and 956.3-959.9 Mc/s. It was also proposed to allow the use of maximum power output of 100 w on the above frequencies in the industrial radio services. These frequencies are available in almost all safety and special radio services for omnidirectional operations on a developmental basis. The Notice was issued in response to a petition (RM-798) filed by the Central Station Electrical Protection Association (CSEPA) and the Controlled Cos., American District Telegraph Co. (ADP).
3. Comments have been filed by the petitioners, the Central Committee on Communication Facilities of the American Petroleum Institute (API), the National Committee for Utilities Radio (NCUR), the Association of American Railroads (AAR), and the Washington State Highway Commission, Department of Highways (DOH). Reply comments were filed by CSEPA and ADT. All comments have been considered. With the exception of DOH, the comments supported our proposal, but suggested a number of modifications. These suggestions are discussed below.
4. DOH was concerned that operation on some of the frequencies under consideration with power of 100 w might affect adversely operations on adjacent channels which are available for control and repeater and other fixed systems. ADT and CSEPA in their reply comments [*714] argued that the difference in power, from 30 to 100 w, would not increase significantly the interference potential to adjacent channel operations. Also, as pointed out by these parties, under our licensing policy for microwave systems, existing operations in this band would be afforded reasonable protection from interference from new systems.
5. API proposed that one frequency of each frequency pair be allocated for omnidirectional transmissions from the central or interrogating station and the other be allocated for use by the outlying stations, which would utilize directional antenna. The former should be limited to 30 w output power and the latter to 10 w output. We believe that the suggestion to permit omnidirectional transmissions only from the central station in a system is sound. It would seem that outlying stations would need to transmit only to the central station which can be done by directional antennas. Directional antennas at the outlying stations would tend to reduce the outward interference potential of these stations and make closer reuse of the frequency they occupy possible. It is noted that CSEPA and ADT in their reply comments did not oppose this suggestion. Therefore, it is adopted. Accordingly, of each frequency pair, the one at the lower end of the band is designated for directional use. That is, the frequencies 952.8, 952.9, 956.2, and 956.3 Mc/s allocated for directional operation and the frequencies 956.4, 956.5, 959.8, and 959.9 Mc/s are allocated for omnidirectional operation. Applicants will be required to use directional antennas at the outlying stations as indicated in the rules being adopted herein.
6. With respect to API's suggestion for reducing the maximum permissible power, we believe that the outlying stations, using directional antennas capable of fairly high gain directivity, will not require more than 30 w power output. However, regarding the central station, the omnidirectional antennas that will be required and the widely dispersed locations of protected sites warrant provision for higher power to insure adequate signal strength for satisfactory operation. Accordingly, omnidirectional stations will be permitted a maximum transmitter output of 100 w in the industrial radio services.
7. In line with the two preceding paragraphs, in single frequency systems on the unpaired frequencies (952.1, 952.2, 952.3, and 952.4 Mc/s), the oulying stations will be required to use directional antennas and output power of not more than 30 w. The central stations will be authorized to use omnidirectional antennas and up to 100 w output power.
8. The API and NCUR urged that the frequencies under consideration be made available on a regular basis also in the power and petroleum radio services. We believe this would be premature because, although both organizations have indicated that their members plan to use these frequencies in the future, they have not yet developed systems and operations on them. However, these frequencies are, as formerly, available for developmental operation and when systems and operations have been developed, the rules can be amended to permit licensing on a regular basis.
9. AAR requested that part 93 of the rules be amended in line with the amendment of part 91. The only significant difference between [*715] the land transportation radio services and the industrial radio services in the use of the subject frequencies are those resulting from this proceeding. That is, in the land transportation radio services, output power on the paired frequencies is still restricted to 30 w and those pairs have not been divided to allocate one frequency of each pair to control stations and the other to outlying stations employing directional antennas. Since licensees in those services have not yet set up developmental systems, we believe that the request for amendment of part 93 is premature. If operations on these frequencies are developed in the railroad and other services, appropriate adjustments in power and other matters may then be made as necessary.
10. CSEPA and ADT, in their comments and reply comments, repeated their requested that an industrial protection radio service be established. This request was denied in docket 13847 (see Second Report and Order, released Feb. 9, 1968, FCC 68-128). Thus, there is no need to consider this request in this proceeding.
11. Finally, the Notice of Proposed Rulemaking also referred to a question raised by API in its opposition to the captioned petition (RM-798) of whether the protection industry may be a common carrier and subject to the provisions of title II of the Communications Act of 1934, as amended. It was stated that the Commission did not regard the industry as a communications common carrier, but that interested parties might direct comments to the question. None of the comments filed discussed the issue, and we do not believe that further discussion of this question is warranted.
12. Accordingly, It is ordered, pursuant to authority contained in sections 4(i) and 303 of the Communications Act of 1934, as amended, That, effective August 5, 1968, part 91 of the Commission's rules is amended.
13. It is further ordered, That this proceeding Is terminated.
FEDERAL COMMUNICATIONS COMMISSION, BEN F. WAPLE, Secretary.
The Commission is now engaged in crash programs looking toward the adjustment of spectrum space to relive congestion in the land mobile service. Part of these programs involve the consideration of possible readjustments in the band 890-960 MHz. Until the Commission determines that none of the band 952-960 MHz will be needed for land mobile expansion, I think it is a mistake to provide for expanded use of these frequencies by the services involved in this proceeding. Therefore I dissent.