[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45371-45372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18518]



47 CFR Part 90

[WT Docket No. 06-49; FCC 14-79]

Rules in the 904-909.75 and 919.75-928 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.


SUMMARY: In this Order, the Commission terminates the Multilateration 
Location and Monitoring Service (M-LMS) rulemaking proceeding in WT 
Docket No. 06-49 and concludes that the proposals for broad revisions 
of the applicable rules do not merit further consideration at this 

DATES: Effective Date: September 4, 2014.

Telecommunications Bureau, (202) 418-1550, email [email protected]

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
WT Docket No. 06-49, FCC 14-79, adopted June 9, 2014 and released June 
10, 2014. The full text of this document is available for inspection 
and copying during business hours in the FCC Reference Information 
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 
20554. Also, it may be purchased from the Commission's duplicating 
contractor at Portals II, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554; the contractor's Web site, http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 488-
5563, or email [email protected]. Copies of the R&O and OPM also may be 
obtained via the Commission's Electronic Comment Filing System (ECFS) 
by entering the docket number WT Docket 14-79. Additionally, the 
complete item is available on the Federal Communications Commission's 
Web site at http://www.fcc.gov.

I. Introduction and Background

    1. In 1995, the Commission established Location and Monitoring 
Service (LMS) as a new radio service to be licensed in the 902-928 MHz 
band. LMS shares this band with a variety of users: Federal 
radiolocation systems;

[[Page 45372]]

Industrial, Scientific, and Medical (ISM) equipment use; amateur 
operations; and Part 15 devices. LMS is secondary to Federal users and 
to ISM devices and may not cause interference to and must tolerate 
interference from these users and devices. Amateur radio operations are 
secondary to LMS. Unlicensed Part 15 devices are also authorized in the 
902-928 MHz band, although such devices are not afforded interference 
protection rights and may not cause harmful interference to any 
licensed systems.
    2. In establishing M-LMS, the Commission placed certain limitations 
on M-LMS operations to facilitate sharing of the 902-928 MHz band by 
multiple licensed services as well as unlicensed devices. The 
Commission also adopted certain provisions to facilitate the co-
existence of M-LMS operations and Part 15 devices in the 902-928 MHz 
band. In particular, the Commission adopted a safe harbor rule for 
unlicensed devices and amateur operations in the band and required that 
M-LMS licensees demonstrate through actual field tests that ``their 
systems do not cause unacceptable levels of interference to Part 15 
devices.'' In 1999 and 2001, the Commission auctioned M-LMS licenses.
    3. In 2006, noting that there had been very limited development of 
M-LMS service under the existing rules, the Commission initiated the 
instant proceeding to examine various new approaches that potentially 
could make for more effective use of the M-LMS spectrum in the 904-
909.75 and 919.75-928 MHz portions of the 902-928 MHz band. The 
Commission sought to evaluate whether to revise rules applicable to M-
LMS operations and provide licensees greater flexibility to respond to 
market conditions while continuing to protect federal and other 
licensed users and also avoiding any significant increased interference 
to unlicensed users in the band. The record in this proceeding closed 
on June 30, 2006.
    4. Most M-LMS licensees supported having additional flexibility to 
provide services and opposed any reduction in the power levels in which 
they could operate, and some sought modification or elimination of the 
field testing requirement. Commenters representing other users 
expressed concerns about allowing M-LMS operations additional 
flexibility, generally supported reductions in the power levels for 
such operations but not in conjunction with an increase in flexibility, 
and opposed elimination or supported retention of the Section 90.353(d) 
field testing requirement.
    5. Recent M-LMS developments. Over the past few years, Progeny LMS, 
LLC (Progeny), which holds multiple M-LMS licenses, developed equipment 
and offers a service that operates in a manner generally consistent 
with the existing M-LMS framework. In March 2011, Progeny filed a 
petition seeking waiver of two existing M-LMS service rules to enable 
it to deploy an M-LMS network that utilizes a beacon system and 
advanced technologies not available when the M-LMS rules were adopted 
in 1995. In December 2011, the Wireless Telecommunications Bureau and 
the Office of Engineering and Technology granted a limited waiver to 
permit Progeny to continue developing its proposed location service, 
based, in part, on the public interest benefits of facilitating the 
deployment of a multilateration location service that can provide more 
accurate location determinations, including more precise location 
information that can improve delivery of E911 emergency services. This 
limited waiver applied the existing interference rules governing M-LMS 
operations in the 902-928 MHz band and required Progeny to satisfy the 
field testing requirement by submitting field testing for Commission 
review prior to commencing commercial operations. In June 2013, 
following review of field tests submitted by Progeny in January and 
October of 2012, the Commission concluded that Progeny could commence 
commercial operations of its position location service network. In 
approving these M-LMS operations in the 902-928 MHz band, the 
Commission applied the original M-LMS framework--including the 
interference-related requirements, the power limits permitted licensed 
M-LMS operations, and the field testing requirement--that the 
Commission established when it authorized the service in 1995.

II. Discussion

    6. Based on the record before the Commission, and on recent 
developments pertaining to M-LMS operations in the 902-928 MHz band, 
the Commission concludes that the various proposals for wholesale 
revisions of the applicable rules do not merit further consideration at 
this time. Accordingly, the Commission terminates this proceeding.
    7. In initiating the rulemaking in 2006, the Commission sought to 
evaluate whether to make various significant changes of the rules 
applicable to M-LMS to ensure that this service can be deployed in an 
effective and efficient manner. The Commission stated that its goal in 
this proceeding is to consider whether greater opportunity can be 
afforded M-LMS licensees to provide services while ensuring continued 
access for other licensed and unlicensed uses that share this band. The 
Commission finds that wholesale changes to existing M-LMS framework 
that the Commission sought comment upon in the M-LMS NPRM (71 FR 15658 
March 29, 2006) are not warranted and that the types of revisions that 
the Commission sought comment are not necessary to provide sufficient 
flexibility to M-LMS licensees to provide their location services. 
Based on recent developments pertaining to M-LMS operations in the 902-
928 MHz band, the Commission believes that the existing M-LMS framework 
can provide M-LMS licensees with sufficient opportunities to provide 
service offerings. The Commission concluded that Progeny could commence 
commercial operations of its M-LMS position location service network, 
within the framework that the Commission initially had established to 
promote the co-existence of M-LMS operations and unlicensed operations 
in the band. Accordingly, the Commission concludes that terminating 
this rulemaking serves the public interest at this time.
    8. Final Paperwork Reduction Act Analysis. This document does not 
contain new or modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In 
addition, therefore, it does not contain any new or modified 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    9. Congressional Review Act. The Commission will not send a copy of 
this Order pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A), because the Commission is not adopting any rules with 
this proceeding.

III. Ordering Clause

    10. Accordingly, it is ordered, pursuant to the authority contained 
in Sections 4(i) and 4(j) of the Communications Act, as amended, 47 
U.S.C. 154(i) and (j), that the proceeding in WT Docket No. 06-49 is 
hereby terminated.

Federal Communications Commission.
Marlene H. Dortch,
[FR Doc. 2014-18518 Filed 8-4-14; 8:45 am]