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In the Matter of An Inquiry Relative to the Future Use of the Frequency Band 806-960 MHz; and Amendment of Parts 2, 18, 21, 73, 74, 89, 91 and 93 of the Rules Relative to Operations in the Land Mobile Service Between 806 and 960 MHz


Docket No. 18262


FCC 70-519


19 Rad. Reg. 2d 1663


May 21, 1970, Released


 Adopted May 20, 1970



 By the Commission: (Commissioners Robert E. Lee and H. Rex Lee dissenting and issuing statements; Commissioner Johnson concurring and issuing a statement.)




By the Commission: (Commissioners Robert E. Lee and H. Rex Lee dissenting and issuing statements; Commissioner Johnson concurring and issuing a statement.)


1. In a Notice of Inquiry and Notice of Proposed Rule Making adopted on July 17, 1968, (33 FR 10807) the Commission invited comments on the above captioned matter, setting December 2, 1968, and January 31, 1969, as the dates by which comments and reply comments, respectively, were to be filed. Subsequently, on November 20, 1968, in response to formal requests therefore, the Commission ordered those dates extended to February 3 and March 31, 1969. The last date for reply comments was subsequently extended to April 30, 1969.


2. Also on July 17, 1968, the Commission initiated a proceeding in Docket No. 18261 looking toward sharing of the lower seven UHF-TV channels (14-20) by the land mobile service on a selected geographical basis. The dates for comments and reply comments, as well as the subsequent extension of those dates, coincided with the dates specified for this proceeding (Docket No. 18262). As a consequence, comments considered herein are in four categories: (1) comments filed in response to Docket No. 18262 alone; (2) comments filed in response jointly to Dockets No. 18261 and 18262; (3) reply comments in Docket No. 18262 alone; and (4) reply comments filed jointly in Dockets No. 18261 and 18262. Additionally, on January 22 and 23, 1970, interested parties made oral presentations before the Commission en banc. A list of all those who filed statements and/or made an oral presentation relative to this docket is contained in Appendix A. A summary of comments and reply comments will be found in Appendix B.


3. After weighing the many comments and reply comments filed in this proceeding, and taking into account other relevant information, the Commission is persuaded that it would be in the public interest to press forward with the basic concepts set out in its initial Notice, while at the same time recognizing that it is desirable to modify certain of the related details. These basic concepts include a reduction in the frequency limits applicable to industrial, scientific and medical (ISM) equipment at 915 MHz, reduction by half of the 942-952 MHz band allocated for aural broadcast studio transmitter links (STL), n1 an allocation of 40 additional megahertz of spectrum space for "private" land mobile systems, and an allocation of an additional 75 MHz for common carrier domestic public high-capacity mobile systems.


n1 Additional spectrum space for aural broadcast studio transmitter links in the band 2150-2160 MHz to be the subject of a separate Rule Making proceeding.


4. Among other things, it was proposed in the Notice to reallocate UHF-TV channels 70-83 (806-890 MHz) to the private and common carrier land mobile services for use in the 25 largest urban areas on a co-equal basis with translators in the broadcasting service. This proposal was generally opposed by broadcasting-oriented interests but supported by land mobile user associations, common carriers, land mobile equipment manufacturers and the Small Business Administration.


5. The broadcasting industry, represented principally by the comments of the Association of Maximum Service Telecasters (AMST), takes the position that the growth rate of land mobile radio will tend to decline in future years and that the reallocation of television spectrum for this purpose is not justified. The broadcasters contend that isolated situations of land mobile congestion are caused by wasteful management practices resulting in an inequitable distribution of users on presently available channels. The solution, they argue, lies not in the allocation of additional spectrum, which would serve only to perpetuate present inefficiencies, but in the implementation of a policy of equal-channel occupancy through the use of regional management offices. In this regard it should be noted that the Commission has initiated a program looking toward the establishment of a regional management center. However, being a new, untried approach there can be no assurance of early relief to congestion in the land mobile service. As an additional measure, AMST recommended that the more urgent needs of police and other emergency services be met by designating the 150 MHz land mobile band exclusively for such services and requiring lower priority business and industrial users in this band to convert to the 450 MHz band. They also suggest that the needs of lower priority users be met by use of an expanded common carrier dispatch system which could be developed within the 26 MHz released by the Government in the vicinity of 900 MHz.


6. We are not persuaded by the broadcasters' arguments that the land mobile service does not require the spectrum relief proposed in this proceeding. We have on many occasions expressed a growing concern that the land mobile service is faced with a severe shortage of frequencies in large urban areas. We are persuaded, in view of the entire record before us, that substantial additional spectrum space must be made available to the land mobile services to meet existing, and more importantly, future needs.


7. If additional spectrum space cannot be made available to the land mobile service, the Commission would appear to be faced with a limited number of alternatives - each of which is undesirable. It could continue licensing new users on existing channels, leading to a chaotic situation in many areas. It could limit eligibility and reduce licensing of new users to equal the user drop-out rate. It could cease the licensing of new users in congested areas awaiting the implementation of sophisticated higher-capacity communication systems not yet on the market. The first two alternatives are clearly not in the public interest in light of the continually growing public demand for more and improved land mobile service. With respect to the third alternative, we will encourage and expect the design of new and highly efficient communication systems in the exploitation of spectrum space newly allocated herein to the land mobile service. However, the enforced implementation of such systems in bands now allocated to the land mobile service would entail huge expense and inconvenience to the land mobile community and to the public and, even then, the degree of relief possible would be, at best, uncertain.


8. With regard to AMST's recommendation that "high priority" users be concentrated in the 150 MHz band, the costs alone of converting thousands of public safety and other radio systems to different frequency bands precludes any serious consideration of such a move. It would mean, in many cases, complete abandonment of existing systems in one band and the purchase of new equipment in the band to which operations were shifted. Moreover, the action would do little or nothing to relieve the overall congestion in the service and would ignore the peculiar advantages that each range of frequencies offers in meeting different coverage requirements.


9. It is, of course, impossible to predict precisely how much additional spectrum space will be required by 1980 to meet the needs of the land mobile service. However, we continue to hold the view that communications requirements now being met in the private land mobile service can reasonably be expected to at least double within that time frame, regardless of the exact number of transmitters in use today or to be in use in 1980. The additional spectrum space made available in this proceeding and in Docket 18261 should meet substantially the long term needs of the land mobile radio services, especially if new developments and advanced techniques are employed in the use of the space allocated herein for private land mobile systems and, of course, in the development of the high capacity common carrier land mobile system provided for. In our view, it is essential in the public interest that every encouragement be given to the development of new techniques in the efficient use of bands allocated for "private" land mobile systems and to the development of a high-capacity common carrier mobile system. We believe, therefore, that the originally proposed allocation of 40 MHz to "private" systems and 75 MHz to common carrier systems represents a reasonable accommodation for the two sectors of the land mobile service in the frequency range 806-960 MHz.


10. Land mobile interests filing comments in this proceeding generally supported the Commission's proposals but expressed concern over the probability that the development of the land mobile service in the band 806-890 MHz (channels 70-83) would be inhibited if the land mobile service were required to protect translators or were confined to large urban areas. In lieu of the Commission's proposal, therefore, they recommended a nation-wide reallocation of this band to the land mobile service on a primary basis and to translators on a secondary basis.


11. The Commission's original proposal was based on the assumption that translators inherently provide a rural service while land mobile is basically urban. It was proposed, therefore, that translators have exclusive rights to channels 70-83 outside the top 25 urban areas, with land mobile and translators sharing on a coequal basis within these areas. The claims of the land mobile users, both private and common carrier, that their needs extend well beyond urban boundaries, together with the fact that several translators are already operating in urban areas, questions the validity of our basic assumption.


12. The protection of translators involves consideration of the same sources of interference that affect a full-fledged television station, e.g., co-channel, adjacent channel and "taboo" channel interference. A January 1968 study by Working Group 3 of the Commission's Land Mobile Frequency Relief Committee found that six different TV channels between 70 and 83 were assigned to translators located between 50 and 100 miles of the center of New York City. It was recommended by that Working Group that translators be relegated to secondary status. Lacking a detailed engineering study we can only estimate what the effect of protecting these translators would be on the future use of this band for land mobile operation in the New York City area. However, even co-channel protection could reduce the spectrum available for land mobile use in the area by as much as 36 MHz. If adjacent channels are protected also, land mobile use would be further inhibited. Consideration of other taboo separations plus other translators licensed since the 1968 study could very well preclude any meaningful relief for the land mobile service in this important area. On the other side of the coin, under the co-equal sharing proposal by the Commission, once new land mobile systems developed on such channels as might be available, additional translators in the area could be precluded. Since the translator situation existing near New York City is not unlike that of most major cities, there is little reason to believe now that the original co-equal sharing proposal holds much potential for aiding the land mobile service in those areas where relief is becoming increasingly necessary.


13. Since we are not inclined to dismiss our primary objective in this proceeding, it is necessary to seek other arrangements for the accommodation of the land mobile service. In light of the above discussed sharing problems, either the land mobile service or translators must be accommodated elsewhere. Further studies indicate that the most reasonable solution, and the one adopted herein, is to shift translators from channels 70-83 to channels 69 and below so as to permit the use of channels 70-83 by the land mobile systems expected to be developed. As set forth in Appendix C, and footnote NG63 in particular, provisions are made for the continued use of channels 70-83 by translators under the conditions specified. As a practical matter, because of the several years expected to be required for the development of 900 MHz land mobile equipment and because operational systems are expected to evolve first in major urban areas, it is reasonable to expect that, for years, there will be no impact at all on the vast majority of translators on channels 70-83 located in rural areas. Also, since it is improbably that there will be extensive land mobile use of the band 806-890 MHz for the next several years in the major urban areas, present licensees of translators now using channels 70-83 in or near such areas can be assured of a reasonable period during which plans can be made to shift to a lower channel. The necessary amendments to Part 2 of the Rules are adopted herein (Appendix C) and, concurrently, a Notice of Proposed Rule Making is adopted proposing amendments to Part 74, Subpart G of the Rules so as to provide for TV translator use of TV channels 14-69 and, under certain conditions, require the shifting of translators from TV channels 70-83. It should be noted that no action will be taken regarding the UHF TV assignments in Puerto Rico on channels 70 and above, pending further consideration by the Commission. (See footnote NG63, Appendix C.)


14. The concept of using translators on channels 69 and below is not new, as it was proposed in a 1966 filing by AMST in Docket No. 14229. The AMST filing contains an engineering statement by Howard T. Head of A.D. Ring Associates which shows that a substantial potential exists for assigning translators on such channels with no ill effect on the primary use of the channels for TV broadcasting. As a further measure of this potential it should be noted that there are over 1600 translators presently operating on the 12 VHF-TV channels 2-13. This figure is more than double the number now operating on the 14 UHF-TV channels 70-83.


15. The National Association of Educational Broadcasters (NAEB) and other educational interests argued that the Commission should provide substantial additional reservations for educational broadcasting. However, there were no arguments presented which were different from those considered in detail and rejected by the Commission in its Fourt Report and Order in Docket No. 14229. In that proceeding, it was decided that an equitable number of channels had been reserved for educational use in the present assignment table employing both VHF channels and UHF channels 14-69. Although one should refer to that Fourth Report and Order for full details, the rationale for the Commission's decision can be summarized as follows:


(a) non-reserved channels may be assigned to educational as well as commercial entities;


(b) commercial stations are under an obligation to present a reasonable number of cultural and educational programs;


(c) local educational entities can and should cooperate in the use of channels reserved for educational purposes, rather than attempting to limit their use to special interest groups or institutions;


(d) thirty-one Instructional Television Fixed Service (ITFS) channels between 2500 and 2690 MHz have been designed for in-school instructional use, including multi-channel program needs of formal educational systems; and


(e) expanding use of cable TV systems (recently given authority to originate programs) holds the potential for meeting a substantial portion of the public need for a wide variety of cultural and educational programming, both in the home and the school.


16. In rejecting the claims of educators for additional reservations in Docket No. 14229, the Commission proposed setting aside channels 70-83 for low power commercial of educational stations in smaller communities not requiring or able to support full power facilities. In a later Notice, it was proposed that in some situations these channels might be used for additional high power educational stations in some of the largest cities where there may conceivably be a need for more educational stations than the present table allows. No actions have been taken on either of the proposals. However, in the light of our earlier decision in Docket No. 14229 with respect to additional educational reservations, our decision to reallocate the 806-890 MHz band to land mobile service, and the decision announced in paragraph 13 above, looking to the shifting of translators from channels 70-83, we intend to issue a separate Order in Docket No. 14229 withdrawing further consideration of any proposals relating to channels 70-83 therein. Nevertheless, in terminating Docket No. 14229, we recognize that the public interest considerations for low power educational and community television stations have not been entirely resolved. Such uses are presently the subject of a Government-wide study seeking ways in which communications may be applied to education in the relief of urban problems. This effort is one in which the Commission is vitally interested and intimately involved. Consequently, the combination of community educational and instructional needs of the nation should not be prejudiced by the result of this proceeding. Thus, we believe that the cooperative educational arrangements which we discussed and encouraged in Docket No. 14229 can and should be preserved as a regulatory and planning objective. Even though our action in this proceeding forecloses the possibility of additional educational reservations in the 70-83 UHF band, we are convinced that at least some of the nation's critical needs for instructional and educational media facilities can be met in the 2500-2690 MHz frequency band. We reiterate our belief that ITFS is a valuable and important supplement to educational broadcasting service. In view of our decision here, these instructional services deserve maximum encouragement. Accordingly, we shall promptly issue a separate Further Notice of Proposed Rulemaking in Docket No. 14744 taking positive action to that end.


17. In the Notice we asked the question: "To what degree would UHF-TV receiver manufacturers need to change the image rejection capabilities of their product to cope with image problems arising from heavy land mobile usage in the range 806-947 MHz?" As pointed out in the engineering statement by A. D. Ring Associates submitted as part of the AMST filing herein, image interference from land mobile operations on channels 70-83 could affect TV reception on channels 55 through 60. Set manufacturers did not address themselves to this issue. However, we shall encourage manufacturers to improve the image frequency rejection performance of their television receivers. Information available today indicates the image rejection capability of recent-vintage UHF-TV receivers to range between about 35 and 40 dB. We believe that available technology can be used to provide at least 60 dB of image rejection throughout the UHF-TV band and we shall plan accordingly.


18. It was proposed initially to position the 26 MHz allocated to the Government between 890 and 942 MHz so as to provide some harmonic overlap with the Government radiolocation band at 420-450 MHz to accommodate certain devices and techniques which rely upon harmonic relationship to function properly, and to provide a means of minimizing interference to non-Government systems from harmonic radiation of high-powered radars in the frequency band 420-450 MHz. The proposed allocation of the band 893-919 MHz carried with it a consequential proposal to reduce the ISM limits from 915 +/- 25 MHz to 915 +/- 4 MHz, a proposal which was opposed strongly by ISM interests, generally on the grounds that such a reduction would necessitate a prohibitive increase in the cost of their product and negate several years of developmental work in the wider bandwidth. The Commission and the Office of Telecommunications Management (OTM) concluded that the benefits of harmonic relationship were outweighed by the difficulties that would be imposed upon ISM and that the earlier proposal with respect to the 26 MHz of spectrum space to be retained for the Government radiolocation service within the band 890-942 MHz should be modified. Accordingly, the Government allocation in this range will now be 902-928 MHz, centered on the existing ISM frequency at 915 MHz and will coincide with the new limits for ISM, i. e., 915 +/- 13 MHz. Manufacturers of microwave heating devices strongly opposed any reduction in ISM limits although Electronic Industries Association (EIA) and others agreed to cooperate with the Commission in studying possible future ISM spectrum reductions. Voss Tinga Associates offered a compromise bandwidth of +/- 10 MHz in lieu of the +/- 4 MHz proposed, but later rescinded that offer in view of adverse comments by G. E. and others. At present, the principal use of 915 MHz by ISM devices is in microwave ovens and our records indicate that G. E. is the only U.S. manufacturer using the frequency for that purpose. A number of other manufacturers use the ISM frequency at 2450 MHz for their ovens.


19. In support of its position against a reduction in the ISM frequency limits at 915 MHz, G. E. submitted the results of tests involving two types of magnetrons commonly used in its ovens. The combined, overall excursion of emissions from all tubes tested was 37 MHz centered at 917 MHz. This spread consisted of frequency pulling due to load variations in the ovens, production tolerances, frequency changes as the magnetrons aged and measurement error. G.E. expressed the view that additional "guardband" should be provided to take account of unforeseen frequency changes and concluded that the frequency limits of 915 +/- 25 MHz should be retained to avoid a major setback in their program to reduce costs to the consumer on their 915 MHz devices. Further, they expressed concern over the possibility of serious interference from "tens of thousands" of domestic microwave ovens now in use if the Commission went forward with its +/- 4 MHz proposal for ISM. Similar views were expressed by manufacturers of industrial equipment, although a much smaller number of existing devices is involved. According to Voss Tinga Associates, some 20 large industrial microwave generators are now in use in the U.S. and Canada, but there are plans for considerable expansion of 915 MHz industrial operations in Canada.


20. The Commission's records indicate that G. E. is the only manufacturer having type-approved ovens operating at 915 MHz. Measurement for type approval at the Commission's laboratory on a small number of G. E. ovens, which includes the effect of normal load variation, showed that all emissions in excess of the legal out-of-band limit (i. e., 25 [square root] RF power/500 uv/m at 1000') fall within the band 909-922 MHz. However, our present plan to require that ISM devices comply with the new limits 915 +/- 13 MHz has been discussed informally with G. E. representatives. Statistics developed by them, taking into account the effects of magnetron aging, frequency drift, wide variations in loading and a much wider sampling than was possible at our laboratory, raise questions as to the degree to which certain of their devices can, in fact, comply with the new limits. They argue that it would be prohibitively expensive to require them to comply any time within the near future. Nonetheless, we can no longer afford the luxury of what appears to be excessive bandwidths for non-communication devices in this valuable portion of the radio spectrum and must continue to press for +/- 13 MHz as our goal. Fortunately, at least in the case of the G. E. ovens, there appears to be a good chance for co-existence between land mobile systems that are expected to develop within adjacent frequency bands and individual ovens whose radiation might exceed the frequency limits some small percentage of the time. We wish to continue to examine this matter and solicit comments, under the Inquiry aspects of this proceeding, with respect to: 1) the impact of +/- 13 MHz limits on ISM devices generally; and 2) how and if co-existence might be achieved in the case of devices not capable of complying.


21. In paragraph 9 above it was stated that 40 MHz would be set aside for private land mobile systems and 75 MHz would be earmarked for common carrier systems. In reaching that decision the Commission found the need for such allocations more compelling than the arguments of: 1) ARINC/ATA for the allocation of 22 MHz of the band between 806 and 947 MHz to the aeronautical mobile (R) service; and 2) the proponents for the retention of the frequency band 942-947 MHz by the broadcasting auxiliary service.


22. In comments filed jointly by Aeronautical Radio, Inc. and Air Transport Association (ARINC/ATA), they estimated that by 1985, a total of 428 channels will be required by the aeronautical mobile (R) service and that 22 MHz of spectrum space (approximately 50 kHz per channel) will be needed to meet that stated requirement. In arriving at that total, ARINC/ATA estimate that 139 channels will be required for operational control purposes by air transport carriers (as compared to today's 64 channels); that 209 channels will be required for new "inflight passenger services" (such as business and personal messages); that 24 channels will be required for "ground handling services"; and that 56 channels, representing approximately 40% as much as for air carriers, will be required for operational control purposes by general aviation. However, the total of 428 channels upon which the request for 22 MHz of additional spectrum space is based fails to make mention of the existing 64 operational control frequencies for air carriers in the frequency band 117.975-136 MHz, or the frequencies available today in the same band for general aviation. Frequencies in the band 117.975-136 MHz are used today for 6A3 voice communications with 50 kHz between assignable frequencies. In practice, however, frequencies are generally assigned on the basis of 100 kHz separation between adjacent users. The state-of-the-art would permit at least a two-fold, and possibly a four-fold increase over present assignment practices in this band, which would more than meet the stated need for operational control frequencies.


23. Additionally, it should be noted that the Preliminary Views of the USA relative to the World Administrative Radio Conference scheduled for 1971, contemplate the use of space techniques within the frequency band 1535-1660 MHz to meet many of the future needs of the aeronautical mobile (R) service. The "inflight passenger services" requiring 209 channels by ARINC/ATA estimates have no place in the aeronautical mobile (R) service since such operations are prohibited by the international Radio Regulations in frequency bands allocated to the aeronautical mobile (R) service. Such operations would be more appropriate to the air-ground portion of the high-capacity common carrier public correspondence system envisaged in this proceeding. The "ground handling services" and their stated requirement for 24 channels also have no place in the aeronautical mobile (R) service since, in fact, they are no more than a land mobile service of the type now accommodated in the air terminal segment of the industrial radio service. In summary, we find the ARINC/ATA proposal lacking in merit and do not propose to make provision for it herein.


24. Many broadcasters voiced opposition to the reallocation of the lower half of the 942-952 MHz STL band to the land mobile service. The main objection stated was that the reduced spectrum could not accommodate the expected future increase in demand for STL service, especially within the larger cities. Los Angeles was singled out in several comments as an example of present congestion in the band. It was contended that all or most of the 19 available channels were already assigned in Los Angeles and that, because of nearly coincident transmission paths, multiple use of individual channels was impossible. Although not proposed by the Commission in its initial Notice, channel splitting was declared by some to be technically infeasible because of the wide bandwidth and low noise requirements of stereo and SCA broadcast transmission.


25. Comments submitted by A. Earl Cullum, Jr., and Associates include a table showing the number of present and potential STL assignments in 42 cities, large and small. Information on present assignments was derived from the Commission's 1968 Broadcast Auxiliary assignment list. "Potential" users included all allotted FM and TV channels, regardless of whether or not there were station assignments on the channels, plus existing and applied for AM assignments. From this study it was concluded that the band 942-952 MHz "will be inadequate to provide for the needs of the broadcast licensees, especially in the larger cities." Cullum listed Los Angeles as having 26 STL assignments and, since there are only 19 channels in the 942-952 MHz band, concluded that zero channels are available for future STL operation. According to Cullum, that city has 72 potential STL users.


26. However, there appears to be no real basis for Cullum's conclusion that the larger cities are especially in need of STL channels. His data show that in eight of the top ten cities (N. Y. and Chicago were not included in the study), four have no STL assignments, two have but one assignment, one has seven assignments, and one (Los Angeles) has 26. A review of all the cities studied indicates that the need for STL service does not depend upon population, but appears to be more a function of terrain, the individual broadcaster's preference and possibly the availability of local wireline facilities. Further, in computing the number of assignments, Cullum appears to have misunderstood our recording procedures. Current records within the Commission account for only 16 STL channels assigned in Los Angeles, in contrast to Cullum's figure of 26. This difference is no doubt due to the manner in which STL frequency assignments are recorded in the list from which Cullum obtained his data. Dual signal STL transmissions - such as required for FM/FM, AM/FM or FM/SCA - are listed as two separate frequency assignments equally spaced within a single 500 kHz channel. Apparently each of these was counted as a full channel assignment. The following is a comparison of the Cullum figures with the current number of assignments in eight major cities, according to our records and method of approach:


Number of Channels Assigned



Los Angeles






San Francisco












St. Louis







27. Clearly one could not conclude that present usage of this band is such as to preclude the proposed reduction in the STL band. Further, there is little reason to assume that the demand will ever approach the number of potentials suggested by Cullum since most of those potential users appear to be operating satisfactorily without the use of STLs. Los Angeles does appear to present a problem, however. If the lower half of the band is to be cleared of STL stations, seven Los Angeles stations now assigned frequencies in the lower half will require re-accommodation in the upper half. In the upper half, only one channel is not already in use in Los Angeles, so that there would be some doubling-up necessary if all are to be accommodated. Whether such doubling-up is feasible is dependent to some degree upon the validity of the earlier argument that because of nearly coincident transmission paths, channel re-use in the area is impossible. There is an alternative, however. If the remaining STL channels in the upper half are reduced in width, or if specific channelling is done away with entirely, the long term situation in Los Angeles might be improved considerably. This matter, as well as a means of providing relief in local areas where congestion might arise among STL users, will be examined closely in the proceeding referred to in footnote 1, page 2.


28. In the initial Notice we asked certain specific questions directed to the further sub-allocation of the new land mobile bands and the ultimate design of mobile systems in this part of the spectrum. Comments from private land mobile interests generally favored making no sub-allocation either between or within the private and common carrier services. In most instances they expressed the belief that common carrier high capacity mobile telephone or dispatch service would be unresponsive to the majority of land mobile needs, and that larger portions of the overall land mobile allocation should eventually be designated for private systems. Common carriers generally agreed with the proposed division, although the NARS urged that approximately one-half of the common carrier allocations be designated for use by non-telephone company common carriers for the provision of mobile dispatch service. According to NARS and Motorola, AT & T and other telephone companies should not be allowed to provide dispatch communications. In their view such an offering would be an encroachment on the basic competitive services furnished by the miscellaneous or radio common carriers, and could constitute a violation of the 1956 Consent Decree. AT&T, however, claims that there are no legal or competitive reasons why the telephone companies should not provide mobile dispatch service and, in fact, that such service is already being provided on a limited basis in some cities. AT&T also states that its contemplated high capacity system would be capable of providing dispatch service, although further studies are required to clearly define the potential market and system configuration and to determine how dispatch service would fit into the overall mobile system. AT&T urged that any further sub-allocation of the common carrier bands be deferred until the Commission has had an opportunity to examine the results of its (AT&T's) proposed 18-month phase I systems design and market study which would address itself in more detail to the questions raised in the Notice.


29. Based on preliminary studies, AT&T contemplates an ultimate high capacity mobile system capable of accommodating land vehicles, aircraft and, to a limited extent, maritime vessels. It envisions a land mobile system operating on a cellular basis, so that a city or other coverage area would be divided into many cells, each of which would employ a portion of the total available channels. However, again it emphasizes that additional systems studies are required under its phase I program. Private users indicated many potential uses of frequencies in this part of the spectrum including short range vehicular or portable communications, car locators, mobile data transmission, etc. Some of the suggested uses fall into the category of fixed operations, and several comments suggested that certain fixed operation be specifically permitted in the band.


30. On the technical side, our suggestion that single sideband or multiplexing techniques may provide considerable advantage in common carrier and private common-user systems was generally rejected in the comments from land mobile equipment manufacturers and the EIA. AT&T did not rule it out entirely for a common carrier system. The telephone company did say, however, that FM appears to offer substantial advantages over other forms of modulation because of the ability to repeat assignments at shorter separations as a result of FM capture. Possible channel width figures ranged anywhere from about 25 to 50 kHz.


31. It is obvious from the comments that much additional study and development are needed before answers can be found to all the technical and operational questions relevant to the optimum use of this spectrum space by the land mobile service. Nonetheless, in the interest of providing guidance as to the direction in which the development of this band is to proceed, some initial decisions are necessary. Therefore, despite the originally proposed distribution of the overall band between private and common carrier users, we are allocating herewith the frequency band 806-881 MHz to the common carrier mobile service and the bands 881-902 and 928-947 MHz to the private land mobile service. Further, as noted earlier, we intend to shift translator stations from channels 70-83 and to re-accommodate them on channels 69 and below. In addition to the translator stations, there are two educational television assignments within the upper 14 UHF channels. These are Glen Ridge, N.J. (Channel 77) and Bowling Green, Ohio (Channel 70). The disposition of these assignments continues under study but in the meantime, we shall make note of the problem by a footnote to the Table of Frequency Allocations (see NG65). The necessary changes to Part 2 of the Rules are set forth in an Appendix hereto, which includes interim arrangements for translators in footnote NG63. This decision is based largely on judgment factors rather than on hard-and-fast conclusive evidence. Contributing to this decision are the following considerations:


(a) there is uncertainty with respect to the ability of some ISM devices now in production to confine their radiation within the new ISM limits, i.e., 915 +/- 13 MHz;


(b) from the record in this proceeding, one could reasonably assume that common carrier systems will develop in this band prior to private systems, however, subsequent discussions indicate the converse might be true;


(c) AT&T has indicated tentative plans to develop a lowpowered system which - for a given level of ISM radiation - resumably would be more susceptible to interference than would a system based on higher powers;


(d) traditionally, common carrier system users have required a grade of service which is more interference-free than is considered necessary for satisfactory communications by regular users of private land mobile systems;


(e) a high-capacity, common carrier system under the control of a single operating entity in a given area can be expected to use its total available spectrum space in a relatively uniform fashion throughout the peak portion of its business day; whereas


(f) regardless of whether common carrier or private systems develop first in this band; the peak hours of use and the requirements for immediacy of access to a frequency among the several private users are quite diverse;


(g) the peak hours of private land mobile systems - other than perhaps police, fire and taxicab - coincide with the local business day, e.g., 8:00 a.m. to 5:00 p.m. according to our monitoring records, whereas common carrier use is not so directly related;


(h) the peak hours of use of the microwave ovens (ISM devices) referred to in (a) above tend to occur between about 5:00 and 7:00 p.m., and each such device is in operation for a relatively short period; and


(i) low priority private systems, whose peak requirements occur prior to 5:00 p.m. local time, could be accommodated in spectrum space immediately adjacent to 902-928 MHz where ISM radiations, no matter how slight, would be most likely to constitute a source of potential harmful interference to the land mobile service.


On the above bases, we have concluded that the common carrier allocation should be removed as far as possible from 915 MHz and have allocated the band 806-881 MHz to meet that point.


32. In this connection, to ensure that newly developed ISM devices comply with the new limits, Parts 2 and 18 are amended as set forth in appendices hereto, specifying the new limits for all such devices for which type approval or original certification is sought, after a relatively early date yet to be determined. Under the Inquiry portion of this proceeding we will explore also the need for a cut-off date by which time all ISM devices must comply with the new limits and what that date might be.


33. We do not agree with NARS and Motorola that it would be inappropriate for wireline carriers to provide a dispatch service and while we are not specifying in the rules at this time what types of systems should be developed, we will expect proposed systems to comply with the general guidelines outlined in the Notice. Common carrier systems should be developed for both public and dispatch requirements and private mobile systems, voice or data, including common-user systems, should be of the most efficient design practicable. Development of the common carrier band will be limited to wireline telephone companies, inasmuch as radio common carriers will be given accommodation in the frequency bands being treated in Docket No. 18261. Fixed operations in the bands in question will be discouraged where they would otherwise detract from the potential use of the bands for mobile services.


34. A number of comments, pro and con, were directed to the matter of allocating portions of the bands under discussion to the broadcasting-satellite service for television broadcasting. This proceeding, however, is not an appropriate forum for a decision with respect to such an allocation. The Commission's Inquiry in Docket No. 18294 (in preparation for a 1971 Space Conference) tentatively proposed the addition of a footnote to the international Table of Frequency Allocations as follows:


324B The broadcasting-satellite service also may be authorized in the band 614-890 MHz for television broadcasting, subject to agreement among Administrations concerned.


That, too, evoked mixed reactions from those responding in Docket No. 18294. If the Commission continues to espouse that tentative proposal and the Space Conference subsequently adopts that proposal, the modification of the international Table would not enter into force until perhaps January 1, 1973. Any subsequent decision with respect to amending the national Table to reflect that international change would be the subject of separate rule making and a public interest determination.


35. In summary, actions taken herein, or in separate dockets initiated as a result of this proceeding, include the following:


(a) the band 806-947 is reallocated as shown in Appendix C;


(b) Part 18 is modified to reflect the new frequency limits for ISM as shown in Appendix D;


(c) our Inquiry in this proceeding is continued with respect to the types of systems to be developed for private and common carrier use of their newly allocated bands;


(d) our Inquiry in this proceeding is continued also with respect to certain unresolved issues involving ISM;


(e) rule-making has been initiated this date in a new proceeding (Docket No. 18861) to amend Part 74 looking toward the shifting of translators from channels 70-83 and the re-accommodation of those and future translators on channels 69 and below;


(f) as a consequence of the basic reallocation action in (a) above, various footnotes in the Table of Frequency Allocations, relating to the band in question are modified herewith. This, in turn, will require consequential changes in various Parts of the Rules; and


(g) for purposes of clearing the record, an Order will be issued in Docket No. 14229 in the near future withdrawing further consideration of UHF - TV television broad-casting proposals for channels 70-83, therein.


36. Authority for the actions taken herein is contained in Sections 4(i) and 303 of the Communications Act of 1934, as amended. Accordingly, it is ordered, that effective July 10, 1970, Parts 2 and 18 of the Commission's Rules are amended as set forth in the Appendices hereto. [Appendices C and D omitted. See PP52:106, 68:13, 68:141, in the Current Service Volumes.]


37. The Commission is hopeful that AT&T, as well as others, will undertake a comprehensive study of market potentials, optimum system configurations and equipment design looking toward the development and implementation of an effective, high capacity common carrier service in the band 806-881 MHz. Parties intending to undertake such studies are requested to so indicate to the Commission within 180 days of the release of this action, including therein their estimates as to when such studies will be completed.


38. Interested parties are encouraged also to submit proposals within 180 days, with respect to the manner in which the frequency bands 881-902 and 928-947 MHz can be most effectively used in meeting the needs of the private land mobile users. We are looking particularly for innovative techniques applicable to bands thus far uncluttered by land mobile systems.


39. It must be recognized that implementation of the land mobile program in the border areas will require appropriate coordination and agreement with neighboring countries, in light of our obligations under the international Radio Regulations and our bilateral agreements with respect to the UHF television band.






I concur in our action taken today in Docket 18262. In my concurring opinion to Docket 18261, I detailed my feeling about this action: I would have preferred some consideration of alternative solutions presented by the staff; I think that some long-range planning was needed to determine if more beneficial uses could have been made of this spectrum region. For example, the upper 14 UHF channels have been thought by most people to offer the best region for direct satellite-to-home broadcasting. I know that such a plan has much opposition - both technically and politically. I presently have no particular reason to favor such a plan. But I would have thought it profitable to have considered what effect this decision will have on the future of satellite-to-home possibilities. Nevertheless, I have concurred in this action, because I believe from the limited information before me that it will be this region of the spectrum which will offer the most practical and most efficient long-range solution to the land mobile crisis.






[For dissenting statement see Docket No. 18261, page 1614, supra.]


In the Matter of Docket Nos. 18261 and 18262


I dissent to both Docket 18261 and 18262. I do so very reluctantly because I am aware of the acute need for additional spectrum space for the land mobile users. However, I do not believe the actions taken will do more than provide a very temporary measure of relief to land mobile interests. These decisions are no more than feeble efforts; and certainly do not arise to the merited distinction of being called "solutions." For so little, the Commission's decisions also impose harm on users of an important segment of the lower UHF-TV channels and to the educational needs of the nation.


The First Report and Order in Docket 18261 initially affords only temporary relief through sharing of one or two of the lower UHF-TV channels in the ten largest urban areas. In the recent oral argument before the Commission, both the land mobile spokesmen and broadcasters repeatedly claimed that sharing would not work. Their doubts are further deepened by the Commission's unwillingness to attach any time limit to sharing privileges in the broadcast spectrum. The Report merely states that "at the end of five years, and of course during this period, we will evaluate the sharing proposition, as such, and make further judgments. . . ."


Thus, two important spectrum users are left sharing not only channels but doubts and uncertainty. On the one hand, the land mobile users may be optimistic in believing they can remain in this space, expand, and eventually gain exclusive use of the lower seven UHF-TV channels. Yet the fact remains: the Commission may force land mobile to vacate this band in a few years. On the other hand, doubt and uncertainty plague the broadcasters who have spent millions of dollars (with the encouragement of the Commission) and are presently continuing their struggle to attain and maintain viable broad-casting services. They, too, are left in the untenable position of not knowing whether it is safe to pour more money into their operations when the Commission may "someday" force them out of frequencies previously reserved to their use.


This uncertainty could easily have been avoided had the Commission simply imposed an early time limit on sharing and insisted on land mobile's early operation in the upper part of the UHF band. This would have put land mobile users and especially equipment manufacturers on notice that the Commission was serious about the need for them to develop the necessary equipment and to move promptly into the 900 MHz range for their permanent solution.


This lack of seriousness leaves open the very real possibility that soon after the Commission works out its licensing plan for the sharing arrangements, land mobile users will be back seeking further relief from "new congestion" problems on the ground that manufacturers still haven't provided the equipment necessary for operation in the higher band. When this happens, the Commission will once again find itself in a dilemma - unprepared to undertake an efficient spectrum management program due to the lack of adequate financing from Congress, and unwilling to force manufacturers and users into the upper UHF band above 900 MHz.


The Commission's decisions hold especially disastrous implications for educational objectives. The First Report and Order in Docket 18262 completely removes UHF-TV Channels 70-83 from the reach of educational broadcasting. I have no quarrel with this action, because I strongly believe land mobile users demonstrated the need for additional spectrum space and that this area of the spectrum should be promptly developed in their service. Unfortunately, this action requires the termination of Docket 14229, wherein the Commission proposed making this range of frequencies available for lowpower community and educational television stations.


However, the elimination of this use did not mean the Commission was justified in effectively denying educational users access to other spectrum resources, especially when they are available. The Commission should, at least, have given some assurance that educational and instructional frequency needs could be served through an exclusive reservation of the 2500-2690 MHz band where instructional television fixed services are now accorded sharing privileges with the operational fixed and international control users.


Instead, the Commission merely stated that it is "convinced that at least some of the nation's critical needs for instructional and educational media facilities can be met in the 2500-2690 MHz frequency band," because "ITFS is a valuable and important supplement to educational broadcasting service."


If the Commission, as it says, is so sure that "these instructional services deserve maximum encouragement," I am at a loss to understand why it did not at least put a temporary freeze on operational fixed and international control use applications pending the final outcome of a separate Further Notice of Proposed Rulemaking. Instead, the only commitment is to "promptly" issue such a Notice in the ITFS Docket No. 14744.


It is my fervent hope that the Commission will move swiftly to allocate the 2500-2690 MHz band exclusively for educational and instructional purposes. Even though ITFS is a non-broadcast, point-to-point service, that allocation is practically the only spectrum space left for educational users, especially in the large urban areas where the need for multi-channel instructional facilities is the greatest.


The Commission must reiterate its special responsibility to educational users, to protect their right to access to spectrum space - even over long periods of time when the spectrum reservation may not be completely utilized. This is not a new responsibility. In the 1952 Sixth Report and Order covering television allocations, the Commission defended its reservation of channels for non-commercial educational stations by recognizing that "it is of the utmost importance to this nation that a reasonable opportunity be afforded educational institutions to use television as a noncommercial education medium, and that at the same time it will generally take the educational community longer to prepare for the operation of its own television stations than it would for some commercial broadcasters." (1 RR 614)


Nothing in the intervening years has occurred to change this assessment. It now applies as well to ITFS, and should not be forgotten after eighteen years when federal, state, and local agencies find that budgetary strictures hinder their ability to authorize funds for educational technologies. Now, more than ever, the Commission's past policy should stand to prove there is no justification for giving away education's future in public airwaves merely as a palliative to relieve some present pressure of commercial and industrial users.





A. Earl Cullum, Jr. and Associates

Aeronautical Radio, Inc. (ARINC)

Albany Medical College of Union University

* All-Channel Television Society (ACTS)

* American Broadcasting Companies, Inc. (ABC)

American Automobile Association, Inc. (AAA)

American Telephone and Telegraph Company (AT&T)

American Trucking Associations, Inc. (ATA)

Association of Home Appliance Manufacturers (AHAM)

* Association of Maximum Service Telecasters, Inc. (AMST)

Birch Bay Broadcasting, Inc.

California Public-Safety Radio Association, Inc. (CPRA)

California State Communications Advisory Board

Camel Company

Central Committee on Communication Facilities of the American Petroleum Institute (API)

City of Dallas, Texas

Columbia Broadcasting System, Inc. (CBS)

Communications Satellite Corporation (Comsat)

* Corporation for Public Broadcasting

* D.H. Overmyer Telecasting Company, Inc.

Dyma Engineering

* Eagle Broadcasting Company

Eastside Broadcasting Company

Forest Industries Radio Communications (FIRC)

Forestry, Conservation Communications Association (FCCA)

General Electric Company

* Georgia State Board of Education

GT&E Service Corporation

* Indian River Television, Inc.

Institute of Electrical and Electronic Engineers, Industrial Electronics and Control Instrumentation Group

International Association of Fire Chiefs (IAFC)

International Microwave Power Institute (IMPI)

International Municipal Signal Association (IMSA)

Joaquin Sierra Educational Television Association

* John J. Tibiletti

Joint Comments on behalf of 13 licensees

* Joint Council on Educational Telecommunications (JCET)

KREP Broadcasting Station

Land Mobile Communications Council

Land Mobile Communication Section of the Industrial Electronics Division of the Electronic Industries Association (LM/EIA)

McLendon Corporation

* Mercury Media, Inc.

Monterey County California Office of Education

Moseley Associates, Inc.

Motorola, Inc.

* National Association of Broadcasters (NAB)

National Association of Business and Educational Radio, Inc. (NABER)

* National Association of Educational Broadcasters (NAEB)

National Association of FM Broadcasters (NAFMB)

National Association of Manufacturers (NAM)

National Association of Radiotelephone Systems (NARS)

* National Broadcasting Company, Inc. (NBC)

National Committee for Utilities Radio (NCUR)

* Nationwide Communications, Inc.

* North Alabama Broadcasters, Inc.

Pacific FM, Inc.

Peninsula Broadcasting Corporation

* Philadelphia Mobile Telephone Company

* Philip Y. Hahn, Jr.

Raytheon Company

Reeve Electronics, Inc.

Richard F. Lewis, Jr., Inc. of Winchester (WRFL)

Rochester Area Educational Television Association, Inc. (RAETA)

Satellite Telecommunications Subdivision of the Industrial Electronics Division of the Electronic Industries Association

Scranton Times

Skyphone Division, Times Facsimile Corporation, A Division of Litton Industries

* Small Business Administration

Special Industrial Radio Service Association, Inc. (SIRSA)

Spokane Radio, Inc.

Station KQED

* Steel City Broadcasting Company

Sylvania Electric Products, Inc.

Tri-City Broadcasting Company, Inc.

United States Independent Telephone Association (USITA)

Varian Associates

Voss-Tinga Associates

* WBJA-TV, Inc.

WDVR, Inc.

* Westport Television, Inc.



WMBO, Inc.

* Joint Filing 18261 and 18262



Aeronautical Radio, Inc. (ARINC)

* All-Channel Television Society (ACTS)

* American Broadcasting Company

American Telephone and Telegraph Company (AT&T)

* Association of Maximum Service Telecasters, Inc.

* Central Committee on Communications of the American Petroleum Institute

* City of Dallas, Texas

City of Milwaukee, Department of Police, Communications Bureau

General Electric Company

* Georgia State Board of Education

International Association of Fire Chiefs (IAFC)

International Municipal Signal Association (IMSA)

Land Mobile Communications Council (LMCC)

Land Mobile Communications Section

Motorola, Inc.

* National Association of Broadcasters

* National Association of Educational Broadcasters

* National Association of Radiotelephone Systems

National Committee for Utilities Radio (NCUR)

Special Industrial Radio Service Association, Inc. (SIRSA)

* Taft Broadcasting Company

* Zenith Radio Corporation


* Joint filing 18261 and 18262




Association of Maximum Service Telecasters, Inc.

Jack Wayman, Esquire

Forward Television Inc.

WKY Television System, Inc., and RKO General, Inc.

Summit Broadcasting Company Inc.

U. S. Communications Corporation

All-Channel Television Society

Joint Council on Educational Television Communications and National Association of Educational Broadcasters

American Telephone and Telegraph Company

National Association of Radiotelephone System

Communications Industries, Inc.

Mobile Telephone Co., Inc.

Aeronautical Radio, Inc.

General Electric Company

General TV Translator Association

Land Mobile Communications Council

Department of Justice

National Institute of Law Enforcement Justice

International Association of Chiefs of Police

Associated Public Safety Communications Officers

City of Dallas, Texas

International Bridge, Tunnel and Turnpike Association, Inc.

International Muncipal Signal Association

National Association of Business and Educational Radio, Inc.

American Automobile and Trucking Association

American Newspaper Publishers' Association and the Associated Press

Association of American Railroads

National Association of Broadcasters

Central Committee on Communication Facilities of the American Petroleum Institute

Forest Industries Radio Communications

Special Industrial Radio Service Association, Inc.

Utilities Telecommunications Council

Mobile Radio Department, General Electric

Motorola, Inc.

Stanford Research Institute




A. Earl Cullum, Jr., and Associates


Oppose reduction of aural STL band from 942-952 MHz to 947-952 MHz, based on predictions of future broadcasting needs. Study of 42 large and small cities shows an average of less than 2 existing STL assignments (1968 FCC Assignments List) per city (many have none), due mainly to broadcasters' ignorance of the availability of these channels. But, further studies show a much higher number of "potential users" in the same cities. This assumes one potential STL user for each AM, FM, and TV channel now in use, plus each AM channel applied for, plus each allotted but unused FM and TV channel. For example, St. Louis which has no STLs now, will need 32 channels for this purpose in the future. San Francisco will need 50 channels although it now uses only 3. Based on this study, even the present 19 channels (500 kHz wide) will be inadequate - much less half this number.


Aeronautical Radio, Incorporated (ARINC)


Predicts from FAA growth figures that aeronautical services will need total of 428 channels or 22 MHz by 1985 to meet requirements to year 2000: 348 channels for air carriers (139 for operational control and 209 for in-flight passenger service), 56 for general aviation, and 24 for ground operations. It requests FCC (1) issue NPRM to carve out 22 MHz between 806 and 960 MHz for aeronautical mobile (R) service; (2) initiate U.S position to make this a world-wide allocation; (3) withhold any final action in this proceeding until all issues involving 806-960 MHz band have been resolved.


Albany Medical College of Union University


Licensee of WAMC, FM educational station, Albany, N. Y. opposes STL reduction. Land mobile will cause harmful interference to 943.5 MHz STL assignment because of FM capture effect. Another required frequency change (this non-commercial FM station was previously moved from 941 MHz) would be unreasonable.


American Automobile Association, Inc. (AAA)


Agrees with FCC proposals and endorses LMCC's comments, adding that (1) the 806-960 MHz frequencies will permit continued growth of land mobile service beyond the immediate relief envisaged in Docket 18261; (2) at least 10 years is needed to develop land mobile equipment at 900 MHz; (3) the greatest demand at this order of frequency will come from large users who can afford repeaters needed to extend coverage areas.


American Telephone and Telegraph Company (AT&T)


Agrees with proposed common carrier allocation, but says further study is needed to answer specific questions asked in the Notice. States that proposed 75 MHz should meet common carrier needs for next 20 or so years and ultimately accommodate up to 100,000 mobiles in any area. Opposes any sub-allocation at this time, between wireline and non-wireline carriers or between air, land or maritime mobile services. When assurance is given that allocation is imminent, it will launch a two-phase study and development program looking toward an operational land mobile system in 5 to 7 years, air-ground system in 6 to 8 years.


Eighteen-month Phase I will study market potentials, system configuration, and equipment design and answer in detail many of the questions raised in the Notice. Specific recommendations will then be made regarding spectrum suballocation. If Phase I is successful and the FCC concurs with the findings, Phase II will commence with the final design, construction, and field testing of production-type equipment and system lay-out. Program contemplates operational high capacity systems in major cities by 1980.


Says separate allocations will likely be needed for air-ground and land mobile systems. Estimates the former will need about 20 MHz; the rest would be used for land mobile system capable also of accommodating maritime vehicles (public correspondence only) in inland and nearby coastal waters. Maritime safety services would continue on existing channels.


Probable land mobile services include personal telephone, one-way signaling, teleprinters, and dispatch. Latter requires special market and operational study under PhaseI; however, initial thoughts indicate certain types of dispatch will require dedicated frequencies, especially those involving short, rapid calls, limited area coverage, occasional group calling and slightly less quality at reduced rates.


Land mobile system will be based on existing trunking techniques and employ zone or "cellular" assignment plan. Total spectrum block will be divided into smaller groups of channels assigned to separate geographical cells. The result is an expandable grid pattern with frequency reassignment at predetermined intervals. Adjacent channel and intermodulation requirements will be minimized, resulting in cheaper equipment.


System parameters, including modulation type, are yet to be determined. FM promises up to four-fold utilization advantage over AM due to closer repeat distances. Multiplex is also possible. Channel-width possibilities vary from 25 to 40 kHz. Wire facilities will be used wherever possible for control functions to relieve load on spectrum.


High capacity system will not supplant existing allocations for many years, if ever. 35 and 150 MHz will be needed for areas of sparse population or difficult terrain. 450 MHz IMTS, to be implemented this year, may be phased out gradually in large cities but will continue for many years in smaller communities where high capacity system is too costly. Nationwide air-ground service being developed at 450 MHz will gradually be replaced by high capacity system at the major air hubs.


Possible frequency sharing with other radio services on geographic basis would be limited to thinly settled areas and only in strict conformity with final cellular assignment scheme. TV translators might share geographically but on a secondary basis, as suggested in report of Working Group 3 of Land Mobile Frequency Relief Committee. More study is planned under Phase I to thoroughly consider the merits of sharing.


Serious interference potential exists from ISM and high-power government radars. Further studies and tests are needed; however, initial questions concern (1) enforcing reduced band-width of existing ISM devices, the numbers and locations of which are largely unknown; (2) ability of mobile service to tolerate prescribed out-of-band ISM radiation (10 uV/m at 1 mile); and (3) border interference from Canadian and Mexican ISM operating +/- 25 kHz. Radar presents problems of receiver desensitization (not frequency dependent) at distances less than 3 to 7 miles and second harmonic interference (unfiltered transmitter) up to 55 miles. This assumes typical land mobile receivers and 1 MW radar using a directive antenna and having a 2nd harmonic 30 dB below the fundamental. Tests must determine actual magnitude of these potential sources of interference.


American Trucking Associations, Inc. (ATA)


Identical to AAA filing.


Association of Home Appliance Manufacturers (AHAM)


Opposes reduction of ISM band. It is needed in present bandwidth for microwave ovens and industrial heating applications. According to industry experts, reduced bandwidth would prevent economical microwave generation and amplification under present technology. There are presently some 20,000 microwave ovens in home use that are not economically adaptable to narrow-band requirements. Emission levels range up to 10,000 uV/m at 1000 feet. Proposed change could inhibit future sales prospects of 500,000 units per year when unit prices are reduced below $ 300.00. Units presently cost upward of $ 650.00.


Birch Bay Broadcasting, Inc.


Licensee FM station KERI, Bellingham, Washington, uses STL 942.90 and 943.15 MHz. This facility, costing about $ 25K, is the only practical means of linking studio with mountain-top transmitter; land lines have poor fidelity and reliability due to adverse mountain weather.


STL use across the country is heaviest in large cities. Los Angeles STLs, now using all available channels, would have to crowd into half this space under proposal. Similar conditions exist in most major cities.


Proposal implies split channelling STLs which would either reduce quality of service or eliminate operation of one or more subcarriers. Either narrow banding or frequency changes would impose severe economic hardship on existing users, especially independent broadcasters.


Canadian coordination would present serious obstacles to future land mobile use along border cities such as Seattle, Detroit, Cleveland and Buffalo.


Benefits to be gained from land mobile use of 5 MHz of STL spectrum is minor compared to potential use of lower seven and upper 14 UHF TV channels. Such benefits are completely outweighed by far-ranging detriment to FM service.


California Public-Safety Radio Association, Inc. (CPRA)


Views proposed reallocation 806-890 MHz as long range relief, not as immediate solution to land mobile congestion. Considerable research and testing are needed prior to mobile service becoming operational at 900 MHz. This band has good possibilities for data transmission services such as teleprinters, etc. Broad band system could be very useful to local governmental entities, and should be considered. Do not finalize any proposals yet, but expand inquiry to gather more information and to allow interested parties further chance to comment.


California State Communications Advisory Board


Concurs in proposals to leave 952-960 MHz as is and to reallocate 806-846 MHz to land mobile service. Operational fixed in 952-960 MHz is important to state functions. Reallocation of upper UHF TV channels, though needed for future expansion, should not be viewed as immediate relief for land mobile congestion. Instead of sub-allocating this spectrum, it should be made available on developmental basis to all land mobile services. Developmental provisions should include F2 emission for transmitting hydrological and meteorological data from remote areas not served by telephone lines. Existing shared government telemetering frequencies 169.425 and 171.925 MHz are becoming saturated in many areas. Since land mobile interference to translators will be minimal, reallocation 806-846 MHz should be nationwide instead of limited to metropolitan areas. This would meet the need for additional telemetering frequencies at remote points.


The Camel Company


Licensee of KAML and KEEZ Texas FM stations, opposes STL spectrum reduction on basis it will cause loss of FM fidelity.


Central Committee on Communication Facilities of the American Petroleum Institute


Generally supports proposals as necessary step for future land mobile growth. Specifically endorses reduction of ISM spectrum to 915 +/- 4 MHz and the proposed division between private and common carrier land mobile services. However, believes land mobile use of translator frequencies 806-846 MHz should not be limited to top 25 cities, but should be permitted on nationwide, coordinated basis.


Opposes dedication of separate common carrier frequencies for "private line" service, on grounds that it would dilute the telephone companies' ability to provide mobile telephone services to the general public.


Columbia Broadcasting System, Inc.


Does not oppose proposals except with regard to reduction of STL band 942-952 MHz. Present 274 STL assignments (as opposed to 200 mentioned in Notice) represents four-fold increase in past seven years. Broadcasters' need stems from accelerating demand for stereo FM and the inability of common carriers to provide necessary balanced pair of 15 kHz audio circuits for this purpose. Also, better and cheaper STL equipment is becoming widely available. 21 STL assignments in Los Angeles saturate available frequencies and would be extremely crowded if forced into half the present space. Such action would also preclude or reduce other beneficial and growing uses of these frequencies such as wireless microphones and camera control transmitters.


City of Dallas, Texas


Supports proposals but views them as long range relief of little immediate benefit to the land mobile services. Suggests frequency committee to coordinate land mobile and TV translator operations. In meantime, until implementation of land mobile services in this range, idle frequencies should be made available for point-to-point operations, such as extensive Dallas computer data network now in planning.


Communications Satellite Corporation (Comsat)


Requests satellite-to-earth sharing with land mobile in 806-893 MHz on basis that LM receivers operate at much higher signal level than that delivered by small-user satellites (same proposal made in comments to 3rd Notice of Inquiry, Docket 18294). Detailed sharing criteria can be worked out when LM parameters in this band are better known. Appears that direct-to-home broadcasting could not share LM spectrum, but will need major allocation below 806 MHz as recommended in comments in Docket 18294.


DYMA Engineering


Opposes reduction of STL band, especially in the West, because broadcasting is more in public interest than LM and the proposed action would restrict further equipment improvements for STL use and for the remote control of broadcast transmitters.


Eastside Broadcasting Company


Opposes STL reduction for same reasons voiced by Birch Bay Broadcasting, Inc., above.


Forest Industries Radio Communications (FIRC)


Supports proposals but not as a substitute for lower UHF spectrum. Especially favors high capacity common carrier development. Lower frequencies are preferred for wide-area private mobile systems. Endorses LMCC comments, below.


Forestry Conservation Communications Association (FCCA)


Agrees with proposals as means of providing future short-distance LM service. No relief for large area services. Mentions need for more telemetering channels for hydrological and meteorological data (point-to-point). Believes LM allocation should be nation-wide and not just in 25 top cities. Translators should be reduced to secondary status.


General Electric Company (GE)


Opposes reduction of ISM band and opposes any firm allocations now that would restrict our position at space WARC in considering spectrum for space broadcasting (See comments in Docket 18294). Also recommends close observance of TV taboos should land mobile be allowed to share translator frequencies.


Reasons for opposing ISM reduction: (1) 915 MHz is superior in cost and performance to other ISM bands for heating and cooking; (2) large number of present units are incapable of conversion (about 1/3 of present 15,000 microwave ovens use this band, 10,000 more scheduled for production this year); (3) excellent market potential would be jeopardized. Present $ 20 million market will grow to $ 125 million as units are reduced from $ 650 to $ 250; (4) 20 years' development of economical magnetron would be wasted since it cannot operate in the proposed narrow band. Cheapest narrow-band generator would require 5-10 years more development and even then would cost twice as much as present magnetron; (5) 915 MHz manufacturers could not compete with those producing 2400-2500 MHz equipment. Sharing of ISM band with communication services is not feasible due to the high measured radiation of devices presently in use (up to 10,000 uV/m at 1,000 feet).


GT&E Service Corporation


Agrees with proposed allocation. Recommends speedy final action so that equipment development can proceed. Supports division of spectrum between common carrier and private services, as proposed. However, believes any leased private line service should be provided on private frequencies. Subsidiary common carrier services such as rural radio-one-way signaling, and data transmission (teleprinters) should be permitted to operate in this band but secondary to high-capacity mobile service. The need for dispatch operation will be largely supplanted by teleprinters, and should be permitted but not mandatory in common carrier system. Air-ground service will need separate frequencies. Except as mentioned above, shared use of common carrier frequencies by other services outside the cities is not feasible.


The Institute of Electrical and Electronics Engineers, Industrial Electronics and Control Instrumentation Group, High Frequency Heating Subcommittee


Opposes reduction of ISM band to +/- 4 MHz. To do so would sacrifice substantial investment in development of saleable heaters, which has proceeded on the faith that 915 MHz frequencies would continue to be available. Large number of present industrial and home equipments would be made obsolete because modification is not practical.


The International Association of Fire Chiefs (IAFC)


Fully supports the proposals as a necessary step to meet future LM needs, but believes limiting land mobile use of translator channels to top 25 urban areas is unnecessary restriction.


International Microwave Power Institute (in Canada)


Oppose reduction of ISM band on grounds it is technically but not economically feasible to maintain +/- 4 MHz in industrial applications. Present tolerances in order of +/- 1% at 915 MHz require +/- 2% under operating conditions. Proposed rules would effectively eliminate 915 MHz for industrial heating purposes presently divided equally between this band and 2450 MHz.


International Municipal Signal Association (IMSA)


Identical to IAFC, above.


Joaquin Sierra Educational Television Association


Opposes LM sharing of translator frequencies because of possible interference to present translators being used to extend San Francisco education TV coverage to schools in San Joaquin Valley.


Joint Comments on Behalf of 13 Broadcasters


Specifically opposes reduction of STL band. Generally opposes reallocation of 115 MHz or any additional spectrum for LM use without further study into future needs of that service. Questions common carrier need for 75 MHz in lieu of, say 70 MHz (846-893 MHz and 919-942 MHz) which would leave STL band intact. Reducing STL band would result in either half present channels at present channel-width or the same number of channels at half present channel-width. Either way would be a hardship for existing STLs. At any rate, enough time must be allowed present STL users to amortize existing equipment.




Broadcasting station, Santa Clara, California, claims it would suffer financial hardship if STL band is reduced. It has filed an application to use one of the channels that would be deleted.


Land Mobile Communications Council (LMCC)


Representing all land mobile radio users in matters of frequency allocation, recommends Report and Order to allocate 806-893 MHz and 919-947 MHz to land mobile on national basis. Translators should be secondary to LM, as per Land Mobile Frequency Relief Committee, WG-3 report. Views this allocation as long range resource and not a replacement for lower frequencies needed for large area LM systems. Only the very large user and common carriers would be able to afford multiple base stations or repeaters necessary at this order of frequency for extended area coverage. At least 5-10 years development will be needed for practical land mobile equipment in this range. Potential LM uses include high capacity common carrier, private in-plant and local area, private air-to-ground, locomotive and crane remote control, and car locator.


Land Mobile Communications Section of the Industrial Electronics Division of the Electronic Industries Association (LM/EIA)


Recommends expeditious reallocation of proposed 115 MHz to land mobile in general. Sub-allocation between common carrier and private or between various private services should await intensive industry developmental program to explore best use of these channels. RCCs must not be overlooked in final allocation. An additional 10 MHz are needed for high reliability, point-to-point fixed services such as data transmission, teleprinters, intruder alarms, and slow-scan TV, and to accommodate 450 MHz fixed stations ousted in Docket 13847. Land mobile must be given priority on translator channels if it is to receive treatment in future interference conflicts. Limiting LM to urban areas does not account for potential needs beyond the city, e.g., state-wide communications systems, wide area hydrological and meteorological data transmission, pollution control, etc.


Land mobile use of 900 MHz is severely limited in coverage compared to lower bands. 95% of present land mobile users need greater range than 5 to 15 miles possible at 900 MHz. This plus greater system costs and development time make 900 MHz inherently impractical for majority of present land mobile users. However, advantages in noise, building penetration and antenna size, indicate a potential for short range, high density services such as police portables (relayed by mobile-mounted repeaters), one-way signaling (when higher powers are available), in-plant communications and remote control (noisy environments), and proximity vehicle locator systems (city blockwide coverage), in addition to point-to-point services already mentioned.


Above conclusions and recommendations are supported by data presented in the first 3 of 5 Exhibits attached to EIA's comments. Exhibit 4 derives a practical channel-width of 60 kHz at 900 MHz using standard + 5 kHz deviation and mobile and base station stabilities of .0005% and .00025%, respectively. The final exhibit analyzes the FCC's Technical Division report, "Frequency Division Multiplex Communications for the Land Mobile Service", and insists that multiplexing of any kind is impractical in land mobile service - except possibly for common carrier - with little or no gain in spectrum utilization.


McLendon Corporation


Licensee of FM stations in Los Angeles and San Francisco opposes deletion of STL band 942-947 MHz. Present STL band completely saturated in top 10 urban areas. Improving the crowding is difficult because STLs operate along very nearly identical paths in most cities. The common use of antenna farms makes channel reassignment at short separations impractical. Channel splitting would eliminate important use of STL channels for stereo and SCA services. It is more in the public interest to continue using this 5 MHz for present broadcast services than to reallocate it for future private interests.


The Monterey County California Office of Education


Opposes reallocation of translator channels to land mobile because of possible interference to school translator system in Monterey, San Benito, and San Luis Obispo Counties, from vehicles in the agricultural belt and from trucks along US 101 between San Francisco and Los Angeles. Ninety of 125 schools in Monterey County are equipped for educational television. The overall system serves some 70,000 students.


Moseley Associates, Inc.


Opposes STL band reduction on grounds that all channels are needed as allocated. STL provides more reliable, higher quality audio program circuits than wirelines. All except three STL channels are in use in the Los Angeles area. Co-location of broadcast facilities in Mt. Wilson area precludes increasing channel use through directive antennas. Los Angeles is not unique. FCC should not create one frequency shortage to solve another.


Comparison of STL utilization efficiency with a high-capacity common carrier system, which AT&T claims can accommodate 8,000 customers in 50 kHz of spectrum, shows that at least a comparable number of "customers" are served by the broadcast station which relies heavily on use of STL. Following this reasoning, STL broadcast utilization in Los Angeles area is two orders of magnitude greater than AT&T figures of efficient land mobile utilization.


Reducing the band to 5 MHz would greatly limit future assignments in any area because of the effects of harmonic radiation from other broadcast stations near STL receiving site, which preclude the use of some STL channels.


Motorola, Inc.


Recommends reallocation of 806-893 and 919-947 MHz to land mobile in general, and adoption of 5-7 year ad hoc developmental program open to private users and common carriers alike, to explore 900 MHz systems and survey market potentials leading to specific suballocations at a later date. For planning purposes, FCC should assume 50/50 split between private and common carrier services.


Developmental grants should emphasize new uses in private sector in lieu of conventional voice service, largely impractical at 900 MHz due to range limitations. New uses include low power, portable, in-plant, cellular, and a multitude of non-voice services such as teleprinter, car locators, data, etc. These uses would not lessen the need for additional spectrum in the area of 470 MHz for conventional land mobile services.


Common carrier authorizations should be limited in scope to telephone exchange mobile services, and should not be used to extend the telephone monopoly into the areas of private and dispatch services. Private services differ substantially from traditional WCC services in terms of message length, permissible channel loading, type of subscriber, and the need for interconnection with wireline network. Also, customized private installations do not lend themselves to the uniform rates schedule employed by WCCs. RCCs would be in a position to provide any needed private line or dispatch services for hire, although system costs at 900 MHz may be a problem. As a general matter, private systems should be in the hands of private users.


New point-to-point voice and data services and expansion of already congested fixed services will require an additional allocation of about 5 MHz for operational fixed uses in the vicinity of 950 MHz.


Any consideration of space broadcasting in this proceeding should be dismissed since neither the eventual public need for such service, nationally and internationally, nor the optimum spectrum ranges have been established.


Air-ground should not be considered until land system is found viable. Because of different requirements, air-ground will need separate allocation, and 900 MHz may not be optimum. Shared use of common carrier land mobile frequencies in the Rural Radio Service may be practicable.


Multiplexing in private services is not feasible in terms of cost and performance and offers little gain in spectrum economy. For 10 channel systems, FM/FM and FM/SSB represent theoretical spectrum savings of 1% and 22% respectively over conventional systems. These savings diminish as the number of channels per system increases. Also, comparable noise performance in such systems would require up to 1000 times as much power as conventional transmitters and be considerably more expensive. SSB/SSB, though offering as much as 39% increase in spectrum efficiency, is not feasible for private mobile service because of the extreme frequency stability required, 0.015 ppm, and the effect of standing wave flutter on 900 MHz reception in a moving vehicle.


National Association of Business and Educational Radio, Inc. (NABER)


Sees no land mobile relief at 900 MHz for 10 years because of extensive development required and even then the band may not be suitable for most conventional systems because range is limited to 5-10 miles. It is no substitute for lower LM bands or for reallocation of 470-512 MHz. Recommends continuation of present inquiry proceeding and a general allocation to MOBILE service without segmenting between air and land or private and common carrier. Premature sub-allocation could restrict development of new services and promote spectrum inefficiencies. Such action should be delayed pending the outcome of a general development and resting program open to all land mobile users to explore the best uses of 900 MHz. Some future possibilities include expanded fixed, short range, and non-voice services such as car locators, alarms, and controls.


National Association of FM Broadcasters (NAFMB)


Opposes reduction of STL band on grounds it would cause serious congestion on remaining channels or, if channels are split, would degrade the quality of aural broadcasting service, especially for stereo and other forms of multiplexing. Wirelines are not a suitable alternative.


National Association of Manufacturers (NAM)


Recommends holding 18262 in abeyance pending early action in 18261. Soon thereafter, adopt proposed reallocation to land mobile in general to encourage system and hardware development; specific sub-allocations should wait until more is known about future requirements. This docket has promise of meeting land mobile needs in the period 1980-2000. NAM is already thinking in terms of new uses that will require additional spectrum, such as low power remote television, vehicle location, multiplexing, and computer data transmission in mobile system. Domestic public mobile land, air and maritime services will be needed in future, as well as "private-line" dispatch service. The latter may be especially attractive to smaller users who cannot afford to install and operate their own systems. NAM makes no recommendation as to RCC/WCC mix.


National Association of Radiotelephone Systems (NARS)


Agrees with proposed 75 MHz for common carriers. Expresses dismay that FCC would question whether RCCs should share in this allocation. RCCs have been treated equally with WCCs in all proceedings past, and the records show even greater utilization per channel by RCCs than by WCCs. Recommends bands 919-928.5, 855.5-865.0, 883.5-893.0, and 846-855.5 MHz be allocated for exclusive RCC use. These bands total 37.5 MHz, or half of the spectrum proposed for common carriers. The following explain why and how RCCs should participate in this allocation.


RCCs, because of their private competitive mode of operation, appeal to a "wide base of subscribers". This makes them well suited and qualified to provide a 'leased private line land mobile service' mentioned in the Notice. A certain portion of this spectrum should be reserved for such service. RCCs are already in direct competition with cooperatively owned repeater stations, and have requested an investigation into the legality and equity of such "pseudo common carriers". RCCs can provide the personal type of service most desired by businessmen and without complexities of wireline interconnection. This would help bring under tighter regulation the present uncontrolled proliferation of private transmitters. Because RCCs have direct, personal control over their facilities, they can insure that "leased lines" are not wastefully employed, which WCCs cannot. Also, consideration of private type service by WCCs may be in violation of 1956 Consent Decree.


RCCs also lock to provide other diverse services such as air-ground, and several forms of data transmission to and from vehicles.


National Committee for Utilities Radio (NCUR)


Concurs with proposed reallocation as long range relief for land mobile. If more immediate relief for private services materialize in Docket 18261, NCUR does not oppose 75/40 subdivision between common carrier and private service, although even this will not meet all 1980 requirements of private services. If, however, 18261 does not produce effective relief, NCUR recommends an indefinite delay in any sub-allocation of spectrum in this Docket, until all needs are thoroughly analyzed. Opposes "urbanized area" restriction on land mobile use of translator channels, as well as proposed "co-equal" status of translators. Believes land mobile services, especially power utilities, etc., will require extended operation beyond city boundaries and should not be required to protect translators. This agrees with finding of LM Relief Committee WG3 and with LMCC filing in this Docket.


Proposes that the portion of the STL band remaining after proposed reduction (947-952 MHz) be opened for operational fixed users. Present 952-960 MHz band houses 1300 operational fixed stations while 947-952 MHz supports only 200 STLs. Future operational fixed needs will increase rapidly and can share this additional 5 MHz through the use of directional antennas, etc.


NCUR opposes any provision for space broadcasting in this docket. Such provision would be exclusive of terrestrial services, and should, if found in the public interest, come from relinquished UHF - TV spectrum between channels 21 and 69, inclusive. NCUR opposes separate channels for leased private-line land mobile service as premature. Market for such service is yet unknown. Utilities require control of their own system and would not likely subscribe to common carrier service.


Pacific FM, Incorporated


Opposes reduction of STL band from 942-952 to 947-952 MHz, stating such action would be "injurious to the development of quality FM service, and contrary to the public interest." STL assignments, most of which have occurred over past eight years, are increasing exponentially. STLs provide greater reliability and fidelity than wirelines, though more expensive initially. More FM stations can now afford STLs than ever before. Commission's proposal would create crisis for FM broadcasters similar to what exists for land mobile. Shortage of STL channels already exists in Los Angeles where, as in most areas, common transmission paths prevent channel reassignment through the use of directive antennas.


STLs serve the general public while land mobile caters to private interest. STLs are more efficient than proposed high capacity common carrier systems, which ATT claims can accommodate a potential 8000 customers per 50 kHz channels. STLs often serve, through the FM broadcasting station, many times this number of "customers". Consideration of public interest and the current trends in STL usage, indicates the need for even more spectrum than the 10 MHz presently allocated.


Peninsula Broadcasting Corporation


Opposes STL band reduction. STLs are superior to wirelines in audio quality, reliability and costs. Counting all the people served, STLs use spectrum more efficiently than other services. They are used extensively in major cities and will rapidly increase in popularity because (1) wirelines do not always provide a grade of service capable of meeting FCC broadcasting technical standards; (2) trend is developing to separate existing co-located studios and transmitters as stations become more involved in community activities and develop finances for capital improvements; (3) cost of STL equipment is decreasing as more units are sold; (4) there is increasing pressure to move AM transmitters away from expanding residential areas to more isolated locations.


Long distance relay systems will also develop in this band with the emergence of FM networks. Experience in the past year with the first such network shows common carrier relaying substantially reduces signal quality.


Raytheon Company


Opposes reduction of ISM band. Comments are summarized in General Electric's reply comments.


Reeve Electronics


Opposes reduction of ISM band because (1) 915 and 2450 MHz are the only "true microwave frequencies available for industrial heating"; (2) reducing bandwidth to +/- 4 MHz would significantly if not prohibitively increase cost of equipment manufacture; (3) extensive and costly developments in this band have relied on FCC retaining the present allocation; (4) greater public benefits flow from the use of the ISM band for industrial heating than from a proportional segment of UHF - TV band which could be reallocated instead.


Richard F. Lewis, Jr., Inc. (WRFL)


Opposes STL reduction. Satisfactory, economical wireline service is not available in many broadcasting areas. It would be unreasonable to delete STL frequencies at a time when maximum FM growth is expected. Present channels are already heavily assigned in several large cities. It may even be necessary to enlarge STL allocation to accommodate future needs. The proposal would merely shift the problem from land mobile to broadcasting. Cost of equipment change or replacement ($ 5-$ 10000) could be disastrous to shoestring FM stations. Broadcasters serve larger segment of the public than common carrier mobile services ever could. To conserve spectrum, consideration might he given to "leaky wave-guide" concept for land mobile use.


Rochester Area Educational Television Association, Inc. (RAETA)


Encloses its filing in Docket 18262 wherein it asks that UHF channel 61 (or as an alternative, channel 71) be reserved for full power educational television in the Rochester, N.Y. area. It requests a decision be made on this matter at such time as action is taken in Docket 18262. [RAETA's comments in Docket 18262 are intended to justify the allocation of an additional UHF channel for educational use in the "inner city" Rochester area, and do not address specific issues in this proceeding. This is strictly a broadcast matter and, in the interest of brevity, a summary of their comments in Docket 18262 is not given here].


Satellite Telecommunications Subdivision of the Industrial Electronics Division of the Electronics Industries Association (EIA-Sat)


Recommends no final action be taken in this proceeding until requirements of space broadcasting are better defined. Recommends initiation of new docket proceeding to study space broadcasting and to prepare U.S. position for WARC on this specific matter.


Though EIA-Sat has not formally considered the subject of space broadcasting, a consensus among members indicates that such is now technically feasible in the following grades of service: (1) weak signals for community reception; (2) moderate signals for direct home reception in rural areas and other low noise environments; and (3) high quality signals for direct reception by general public using special low noise modulation techniques. The latter grade of service will be available with existing techniques in a few years. However, the political-social-legal-economic problems need further study, although the spectrum covered in this docket appears both optimum from technical standpoint and preferred because of current TV receivers in use. Reference is made to NASA-sponsored "1967 Woods Hole Summer Study" of the National Academy of Sciences, National Research Council, which recommends the provision of clear channels for space broadcast, preferably in the upper part of the UHF band.


The Scranton Times


Opposes STL reduction. Claims it makes substantial use of an STL frequency which would no longer be available if the Commission's proposal is adopted. Commission's proposal is classic example of "robbing Peter to pay Paul." Especially agrees with views expressed by Mosely Associates, Inc., in this docket. (see summary above)


Skyphone Division, Times Facsimile Corporation


A division of Litton Industries manufactures and sells airborne equipment (Skyphone) for public airground radio telephone system in 450-460 MHz band. Supports proposed allocation of 75 MHz to common carriers and recommends 20 MHz of this be set aside for 300 channel Public Air-Ground Radiotelephone Service. Seven to ten years will be needed by common carriers to design, construct and implement operational systems to extend regular, high capacity telephone service to aircraft.


Rapid growth is expected in both commercial and private aircraft by 1980. Corporate aircraft represent large segment of future need for air-ground telephone services. By 1972 there will be as many as 4,500 business jets in use in the United States.


Recommended air-ground system parameters set forth in RTCA Document DO-125 are: tone signaling for initial call-up; capability for either full duplex or two channel simplex to permit a wide range of sophistication in airborne equipments; multiple telephone installations in the same aircraft; approximately 270 duplex channels required; user purchases airborne equipment; for economic reasons frequencies below 1,000 MHz should be used.


Conclusive evidence supports technical feasibility of air-ground operation on these frequencies: RTCA SC - 78 report, 1957, states techniques could be developed for operation on almost any band below 1,000 MHz; Motorola comments in Docket 11997 and 16073 give results of tests and study which indicate equipment in the 960 MHz region performs well in air-ground services. Skyphone studies conducted in 1968 substantiate technical feasibility of such service. Airborne equipment will be just as simple to use as office telephones.


There must be a smooth 7 to 10 year transition from 460 MHz system to high capacity system without loss of service.


A definite need for air-ground exists. It is not just a "rich man's toy" or "fad." Skyphones have tripled in sales since recent release of FCC Memorandum Opinion and Order in Docket 16073, regularizing 460 MHz air-ground service.


For all above considerations, Commission should set a "course of action encompassing the uninterrupted continuation of the present Public Air-Ground Radiotelephone Service and leading to the implementation of expanded service within a 7 to 10 year period."


Special Industrial Radio Service Association (SIRSA)


Urges the Commission to implement the proposed reallocation immediately (with certain exceptions below). However, these bands should be viewed as long range resource of limited value and no substitute for spectrum proposed in Docket 18261. Five to ten years development time needed to evolve present fixed equipment into something suitable and economical for land mobile use.


900 MHz land mobile equipment will be limited to small service areas. Many special industrial licensees such as large construction firms, agriculture and mining operations require greater coverage than technically feasible at 900 MHz without using more costly multiple base stations or relays.


Allocation of the bands proposed in this docket must be cleared of translator stations if effective land mobile development is to be encouraged. Commission's proposal to artificially limit land mobile operations to top 25 urban areas does not account for similar needs in surrounding suburban areas or in special rural areas where mining and/or agricultural activities are unusually heavy. The Commission's own LMFRC, WG3 report concludes that translators should be secondary to land mobile operation on these channels.


Portion of the common carrier 75 MHz should be held in abeyance until the feasibility of leased private line and wide-band common carrier services have been fully proven. Even if Commission decides to implement those new services, SIRSA doubts the need exists in the common carrier field for 75 MHz. Little relief to special industrial service can be expected through common carrier system. The concept of "leased private line" contemplates occasional users such as subscribers to existing community repeaters and does not conform to most of the needs of special industrial licensees who require continuous dispatch service during peak hours. Its value to such licensees is speculative unless it includes multi-access capabilities without the delay of dialing through an interchange.


Spokane Radio, Inc.


Opposes STL reduction. STLs are essential to "full-service broadcasting." While FCC recognizes that land mobile relief is needed only in major metropolitan areas, it seeks to meet that need by pre-empting half the broadcasters' STL spectrum on a national basis. This is obviously unjust.


Recent increase in the use of one-way signaling services has diminished the need for land mobile voice communications. Also, the Commission should carefully consider the report of JTAC which recommends abandonment of the block allocation system to help relieve land mobile congestion in the cities. All alternatives must be evaluated before reallocating any valuable STL spectrum.


Sharing of channels by several STL facilities in the same general area is not feasible, although the Commission provides no alternative frequencies for the stations that would be displaced by the proposed reallocation. The effect would be even more interference than is likely to occur as a result of Docket 17683 which authorizes low power auxiliary stations in this same band.


The Commission ignores the possibility of satisfying land mobile needs in the "undisturbed bands 890-893 and 919-942 MHz, which are tentatively allocated for non-Government users", or the Government band 893-919 MHz.


Station KQED


Educational TV, opposes sharing of translator channels by land mobile users. Claims undue interference would be caused to the 28 locally owned translators supplying KQED signals to school systems and residents in the three hundred mile stretch between San Francisco and Los Angeles. Interference would come from a large volume of private and commercial vehicles and would be intensified by the mountainous highway system in the area. It does not seem practical to attempt to confine such a large number and diversity of radio equipped vehicles to specific areas.


There are no practical alternatives for the service provided by these translators. The communities are too small for commercial television stations and too dispersed for cable stations. The schools have invested considerable money in televised instruction and have come to rely quite heavily on it.


Sylvania Electric Products Inc.


Opposes reduction of ISM band to 915 +/- 4 MHz because such action could "greatly impede the future development of more effective alarm [intruder alarm] devices." Reference is made to its comments in Docket 13863 requesting all ISM bands be made available for intruder alarm devices. The public need for such devices is "overwhelming" and "will become more acute in years to come."


Tri-City Broadcasting Company, Inc.


Opposes reduction of STL band. Such action would impose undue expense and congestion on existing licensees and reduce the effectiveness of new broadcast uses of this band, some of which are proposed in other FCC rule making. These include telemetering and remote control on SCA subcarriers. Telephone lines are not technically suitable for quality aural transmission. The proposal is especially unfair in view of the present FCC requirement that the lowest STL channels be assigned first in any area. Thus the Commission would delete the portion of this band which is, by its own rules, most heavily used.


As a general matter, Tri-City also opposes reallocation of translator channels for land mobile use, on the grounds it would jeopardize future TV development. "It is not inconceivable that, at some future date, space must be found for all of the present VHF Television stations in the UHF Band."


United States Independent Telephone Association (USITA)


Supports FCC proposal as a necessary step to permit the development of a broadband common carrier system.


Varian Associates


Manufacturer of magnetrons and klystrons for ISM use, opposes reduction of ISM band to 915 +/- 2 MHz [proposal is actually +/- 4 MHz]. Reasons given are (1) center frequencies of 915 MHz magnetrons fresh off production line vary from 913 to 927, i.e., 14 MHz; (2) for VSWR of 2.5:1 (design value), frequency pull can be 7.1 MHz, or even greater for VSWR values greater than 2.5:1 with proportionately reduced power. The result of the proposal would be greatly increased cost and complexity of ISM equipment.


Voss-Tinga Associates (Canada)


Opposes reduction of 915 MHz ISM band to +/- 4MHz. There are plans for extensive use of this frequency in British Columbia and it is already in use for industrial and consumer heating applications. The proposal would eliminate many of these applications and "cause a set-back to technological developments in basic commodity industries." Over 30 industrial generators are in use in the U.S. and Canada. Many of these would have to be recalled from operating plants.


WDVR, Inc.


Opposes STL reduction based on the loss of FM broadcasting service that would result. More and more broadcasters are employing STLs for FM, FM stereo, SCA, and remote control functions of transmitting equipment. The Commission set aside this band with the knowledge that it would be some time before it is fully used by the growing FM service. The functions served by this band as it is presently allocated are more valuable to the public than the services offered by land mobile users. If any additional spectrum is in fact needed for public safety services, less used, less valuable frequencies should be allocated in place of the STL band. The very portion of this band which the FCC proposes to delete is most heavily employed by FM broadcasters.


It should also be pointed out that all STL channels are not usable in any area. For example, an STL channel must be selected so that it is removed by at least 1.5-2 MHz from the 10th harmonic of any nearby FM transmitter. Channel splitting would impair the quality of stereocasting. Furthermore, there is absolutely no need to deprive aural broadcasters everywhere of the use of these frequencies when land mobile need is stated to be a problem only in the largest cities.




Opposes reduction of the STL band. At present, the STL frequency is already seriously congested. Such a reduction would not only place a burden on present users of STL, but will create additional problems for future FM stations.




Opposes reduction of STL band. STLs must be used to meet system specifications, especially for FM stereo operation, and to overcome technical deficiencies of telephone cables. FCC Rules,   74.5013(a), require assignment of lower STL frequencies first, in any area. If any part of the band is to be deleted it should be in the upper portion, but any reduction will limit the ability of broadcasters to improve their service to the public.




Opposes reduction of STL band as effecting new and costly equipment changes on FM licensees. Request "that the Commission display the same concern for FM development it shows for the UHF evolvement."



American Broadcasting Companies, Inc. (ABC)


ABC reserves comment on proposals until it has seen technical arguments from other parties. More may be said in reply comments.


All Channel Television Society (ACTS)


ACTS generally opposes any sharing of UHF - TV channels with land mobile service. The Commission's proposals do not give adequate attention to the growth and effectiveness of UHF television and disruption to that service that would result from channel sharing with land mobile interests. Nor does the Commission properly consider the inefficiencies and poor management that has led to present alleged land mobile congestion, or the possible alternatives that could bring immediate and long term relief to this situation.


Although the Commission bases much of its proposal on the assumption that UHF - TV channels are not being used efficiently, this thought is contradicted by the Commission's own records.


Not counting translator stations, the number of UHF - TV stations in use has grown from 86 in 1963 to 260 at the end of 1968, representing a total increase of 400% in five years. Most of this growth has occurred since 1964 following enactment of the All Channel Receiver Law, which the Commission itself stated would not become fully effective for seven years.


On channels 14 through 20, the channels affected by Docket 18261, there are now 68 operating stations and 60 more proposed or under construction. Thirteen operating stations and 9 construction permits are located in the 25 major urbanized areas. The Commission is dealing with what will soon become a "saturated" UHF table of allocations.


In Docket 18262, the Commission does not adequately account for the public need for UHF translator as shown by rapid growth in recent years. The number of translator authorizations grew from 575 in January 1967 to 760 in


January 1968 - an increase of 32%. This number increased to 789 during the past 11 months in 1968. Fifty-eight additional translator applications are still pending.


The growth of translator service is due to the growing number of primary UHF - TV licensees and their improved financial status. Also, there has been a considerable decrease in translator cost and an increase in quality. Now that the major barriers to the use of translators are being dissolved, the Commission proposes adverse regulations. Translators provide the only service to millions of rural Americans, who would otherwise have to pay for television service enjoyed free by the rest of the country.


All together, counting pending applications, construction permits, and licenses, 1500 UHF assignments are or will be operational on channels 14 through 83 in the near future. In general, the proposals would hinder the further development and growth of UHF - TV and with it the type of diverse programming which the Commission has sought after in past proceedings. It also diminishes the potential return to the public from the 7.8 billion dollars invested in all channel television sets.


These proposals would damage the UHF - TV industry through interference to existing licensees and prevention of further growth. The Commission's proposals in Docket 18261 contradict its own records and policies. Some 37 UHF - TV stations are already employing one megawatt or more in zones I and II. These and other stations are likely to want to increase power to the maximum 5 megawatts for several reasons: (1) it improves the coverage and puts the stations in more competitive position; (2) the Commission has consistently encouraged maximum power operation; and (3) UHF licensees are becoming financially able to make such improvements.


Even if the best engineering is applied to land mobile operations, there is no guarantee of interference-free service for either land mobile or TV. Moreover, it is not likely that land mobile licensees will be financially or technically equipped or so inclined to abide by whatever sophisticated techniques the Commission prescribes.


If there is any question that land mobile use will degrade UHF - TV service, action in these proposals must be deferred until the questions are resolved and corrective measures are applied.


Whatever congestion exists in the land mobile service is due to poor spectrum management and not to a lack of frequencies. Block allocation has resulted in unused LM frequencies in "congested" areas. Instead of modifying the block allocation on an ad hoc basis as in the past, the Commission should implement a comprehensive plan of interservice sharing. At the same time, it should apply priorities to limit the eligibility of new licensees and to ensure the future satisfaction of necessary public safety services. These steps, together with new technology such as multiplexing, signaling, non-voice communications, etc. would provide immediate and long term relief to land mobile congestion. Instead, the Commission refuses to admit its administrative failures and insists on "grabbing-off" UHF - TV channels to perpetuate the current wasteful practices.


In concluding that sharing of UHF - TV spectrum is the only immediate source of relief for the land mobile community, the Commission ignores evidence as early as 1956 which indicates existing equipment can easily and quickly be converted to 900 MHz frequencies. The Land Mobile Frequency Relief Committee WG 3 concludes that 900 MHz land mobile equipment will be costly and require much developmental work, but it fails to compare these costs with the expense of engineering and supervising systems that would share UHF - TV spectrum. The arguments of manufacturers against the immediate use of 900 MHz, as reflected in the findings of the LMAC, stem more from considerations of existing inventories and sales than from public needs.


Association of Maximum Service Telecasters (MST)


This is a voluminous set of comments and exhibits, over 600 pages in all, designed to show basically (1) there is no shortage of frequencies in land mobile service as a whole and therefore no need to tap UHF - TV spectrum; (2) communication congestion is due to antiquated management practices which, if reformed now, can bring immediate and long term relief; and (3) that in addition to above considerations, the Commission's proposals are technically deficient and would cause serious interference to UHF television and impair its future growth. By way of proof of these conclusions, the MST filing contains 7 exhibits, totaling about 500 pages, which are described briefly below:


Exhibit A - 37 pages of "Authoritative Statements on Land Mobile," from reports, speeches, FCC opinion, testimony, etc., defining the nature of land mobile congestion and suggesting solutions. Included are quotations from JTAC, DTM, IRAC, George Haydon of ESSA, General Eddy of JCS, President's Task Force, Lew North, Commissioners Johnson, Lee, and Hyde, Bernard Strassburg, Bob Johnson of G. E., "Communications" Magazine, Wall Street Journal, Glenn Peterson of G. E., Charles Lathey of DTM, Louis Mazo of Justice Department. Taken together, these quotations are intended to support MST's conclusion that land mobile congestion is caused not by a lack of channels but by poor spectrum management practices in dealing with land mobile in general.


Exhibit B - 133 page report plus 100 pages of charts, graphs, etc., entitled "Growth in Land Mobile Services from 1950-1968 and Projections to 1980" by MST and Kelly Scientific Corporation. The report considers deficiencies in present methods of predicting land mobile growth and suggest an "improved" method which shows that land mobile will not reach actual congestion on existing frequencies prior to 1994, even without substantial managerial and technological innovations.


Exhibit C - "Causes of Congestion in the Land Mobile Radio Services," Exhibit D - "Recommended Action to Solve Congestion Problems and Exhibit E - "Practicability of Land Mobile Operations above 900 MHz." These three reports by Kelly Scientific Corporation (about 160 single spaced pages) profess to show that land mobile congestion (1) is a symptom of backward policies in allocation and assignment; (2) can be cured only by sweeping administrative reforms and better systems engineering; and (3) can be relieved by immediate use of frequencies above 900 MHz, but only as a stop-gap solution until comprehensive management reforms are implemented.


Exhibit F - A 14 page collection of "FCC and Congressional Statements in Support of Utilization of all 70 UHF Television Channels for Free Broadcast Purposes: intends to show that 18261 and 18262 proposals are inconsistent with long standing FCC and Congressional policy of protecting and encouraging development of a 70 channel UHF - TV system.


Exhibit G - "Engineering Report Concerning the Reallocation of UHF Television Broadcast Channels to the Land Mobile Service," prepared by A. D. Ring and Associates for MST. These 48 single-spaced pages plus almost 100 pages of charts, graphs, and tables are preceded by a summary stating in essence that the Commission's proposals would seriously disrupt developing UHF - TV service, were hastily conceived without proper testing, evaluation, etc. and include numerous technical defects and problems of inplementation rendering them wholly impractical.

General Summary


The land mobile situation was studied for MST by the Kelly Scientific Corporation, Exhibits B, C, D, and E above, with the general conclusion that land mobile congestion is a result of poor management practices and not a shortage of frequencies, and can be cured without the use of UHF - TV spectrum by fundamental reforms in the Commission's allocation and assignment policies. These same conclusions are substantiated by reports of the President's Task Force and JTAC, and will probably be further supported by SRI. All of these authoritative documents should be thoroughly analyzed before proceeding with Dockets 18261 and 18262.


A central issue in these proceedings is the projected 1980 needs of land mobile services, estimates of which the Commission seems to accept from the LMAC without question and by which it concludes present frequencies, including 450 MHz splits, will be exhausted in 2-3 years, and that double of triple the present 42 MHz must be found elsewhere.


The Kelly/MST analysis of land mobile growth statistics (Exhibit B) shows it is not the growth rate that is "swallowing" available spectrum, and that there is no shortage of spectrum in the land mobile services as a whole. The wide difference in this finding and that of LMAC is due to the more valid techniques used by MST/Kelly and the failure of LMAC to account for errors in FCC records; 10% duplication, 6% expired assignments, and 34% exaggeration in number of transmitters employed. Even assuming the Commission's records are accurate, the calculation technique used by MST/Kelly, predicts there will be 2 million fewer transmitters in 1980 than the 7.3 million figure accepted by the Commission. If the records are adjusted for errors, it is shown that 1.6 million transmitters were actually in use in June, 1968, although FCC annual report shows 2.9 million. Using this adjusted figure, MST/Kelly predicts there will be only 2.9 million transmitters in use in 1980. This is partially because land mobile service has reached maturity and the number of transmitters will increase at a decreasing rate over future years. This slowdown is not caused by a shortage of frequencies as LMAC would have us believe. A saturated condition of 60 mobiles per channel will not exist even in the most heavily populated areas for many years, and even longer if better management and technical approaches are implemented.


As shown above, there is no shortage of land mobile frequencies. There are however instances of communication congestion in the larger cities caused by the continuation of outmoded frequency assignment and allocation practices. This is the conclusion reached by Kelly after 7 months of study including a survey of 2700 licensees in the Business, Taxicab, Special Industrial and Police Radio Services.


The present block allocation philosophy is an inefficient means of administering land mobile radio spectrum. It discourages cooperation between land mobile users and has resulted in "gross under-utilization." The Commission has permitted proliferation of small inefficient users without considering actual needs or applying appropriate priorities or technical parameters. Data on when, where, and to what extent frequencies are being used are non-existent. Without these facts the Commission has been pressured into accepting inflated statements of "need" from competing land mobile users.


There must be a general sifting of land mobile users to separate the higher priority or necessary services from those that provide merely convenience. The present allocation is inequitable in regard to the higher priority, public safety services. Sixty per cent of all land mobile channels and 76% of all transmitters are commercial. Even within public safety group itself, certain priorities should be applied to assure availability of channels for police, fire and other emergency services. Police service represents only 15% of all land mobile channels and only 9% of the licensed transmitters.


Chaos in the business service is due to the lax eligibility and technical requirements and no coordination in the use of frequencies. This "unregulated" service accounts for 21% of the land mobile frequencies. Additional spectrum would not improve this situation but would only enlarge the problem and make it more difficult or impossible to remedy.


It has been shown that to give additional frequencies to land mobile at this time would foreclose any opportunity of management reform. Current licensing practices may have been beneficial 2 decades ago but are hardly appropriate now. Patchwork adjustment is not the proper approach to reform. Congress must recognize the need for fundamental changes in spectrum management practices and supply the necessary funds. If these practices are revised, current land mobile spectrum could support at least twice the present population. Equipment manufacturers care only about selling equipment, not about better system engineering or spectrum savings. The FCC is saddled with insufficient funds and staff to effectively lead the land mobile industry. The following are recommended as steps which will solve the land mobile problem without touching TV spectrum:


Establishing area management and spectrum planning capability in cooperation with local administrations. This will require extensive monitoring and accurate record keeping to evaluate channel loading and user needs. It will mean selecting frequencies to equalize channel loading, and limiting system coverage to just what is necessary on an individual requirement basis. Service coordinating committees are far from adequate for this task;


Halt the proliferation of small user systems. Criteria must be established to determine which users require private systems and which can be accommodated by common carriers. Assignments to private users must be based on a system of priorities which would always ensure frequencies for services necessary to public safety and well being. A vast majority of commercial users could be satisfied more efficiently, equitably and economically through common carriers. However, any wireline common carrier use of the 26 MHz returned from the DTM must be of the dispatch type provided by RCCs. A gold-plated telephone extension service for cars and airplanes is not responsive to land mobile needs;


Concentrate police operations in the 150 MHz band and move lower priority commercial users to 450 MHz region or the 900 MHz band returned from DTM. This would provide adequate police spectrum in the region considered most desirable for that use. It would also encourage closer cooperation between local authorities in establishing integrated police communications systems.


Portion of the Kelly studies for MST includes an engineering showing (Exhibit E) that land mobile operation at 900 MHz is immediately practical. Having carefully analyzed propagation, equipment capabilities, and costs, Kelly concludes (1) the differences between 900 MHz and 450 MHz are negligible in areas of dense population; and (2) 450 MHz equipment can be immediately and simply modified for 900 MHz at no more than 20% increase in cost.


Howard Head of A. D. Ring and Associates reported on the technical implication of the Commission's proposals (Exhibit G). The report concludes that co-channel, adjacent channel and taboo channel interference will be serious problems in top 25 urban areas, and that the following engineering points have not been given adequate thought in the Commission's proposals:


In Docket 18261, the Commission assumes IMW maximum ERP for TV while 22% of all UHF - TV stations currently use more than this. The result will be protection to smaller than actual service areas - for example, 43 mile Grade B is proposed for Channel 17 assignment in Philadelphia, as opposed to the 69.5 mile actual Grade B contour for that station. Certain portions of urbanized areas are closer to Grade B contours than the separations shown in the proposals. Minimum separation distances calculated by the Commission often fall at a point within an urbanized area which actually extends many miles closer to the TV station being protected, or even within its Grade B contour. The F(50, 50) curves used to calculate Grade B contours generally produce smaller contours than the presently accepted methods. The combined effect of multiple mobile transmitters is not accounted for, and will increase the potential for TV interference. For example, 20 land mobile transmitters with a duty cycle of 20% will require 18 miles additional separation (Exhibit G pages 23-27). Intermodulation and IF taboo interference can be a problem in areas of high field strengths in vicinity of mobile units. The proposals make no provision for moving TV transmitters to better sites, but essentially "freezes" them at present locations. Specifying maximum antenna heights for mobile units is impractical because of terrain variations and the tendency of users to seek higher ground if necessary.


Adoption of these proposals in 18262 would cause interference to many of the existing 733 translators and deprive areas not now receiving free off-the-air television. It would also preclude any regular TV assignments on channels 70-83 in top 25 cities where present assignments are saturated. Commission's plan for co-equal sharing applies only to private users; common carriers appear to be exempt. Air-to-ground service would cause wide spread interference to channels below 70 as well as 70-83. (Exhibit G pages 42-43).


Principal causes of interference are co-channel and image (Exhibit G pages 44-46). Interference along Canadian and Mexican borders could also be a serious problem. (Exhibit G pages 46-47, Tables XIII-XIV). These potential problems show the need for comprehensive field testing and experimentation before any sharing of UHF - TV spectrum can be implemented.


The Commission assumes land mobile users can employ engineering techniques to minimize TV interference. Kelly reports (Exhibit C) that industrial users are neither equipped nor inclined to employ system engineering. This is evidenced by the high number of violations in those services. The resulting interference would inundate the Commission's enforcement facilities.


Docket 18262 is not an appropriate vehicle to consider the complex issues raised by direct satellite broadcasting. MST's comments in Docket 18294 discuss some of the problems. As a general matter, however, singling out UHF - TV spectrum for satellite broadcasting is wholly inconsistent with long standing FCC policy to foster growth of terrestrial broadcasting.


Corporation for Public Broadcasting (CPB)


CPB created by the Public Broadcasting Act of 1967 to foster the greater development of educational television, opposes any action which would impair the growth or effective operation of local community outlets comprising the nation's educational broadcast system. To do other than protect as first priority the integrity of non-commercial broadcasting would be contrary to well established national policy.


It is the Commission's duty to preserve the existing UHF allocations for educational television. The Commission essentially restricted educational television to the UHF spectrum in its Sixth Report and Order when it limited educational use of VHF channels to areas having more than three UHF assignments. Of 633 educational TV reservations 117 are VHF and 516 are UHF. VHF assignments are almost exhausted with 78 operating stations, 4 CPs, and 12 pending applications. Thus educational television must look to UHF channels to meet the challenge of a truly national educational TV system.


The importance of educational television and the necessity of maintaining and protecting an 82 channel allocation are emphasized many times in Commission documents. This need was also emphasized in the All Channel Receiver Legislation enacted by Congress in 1962. Assurances by Congress and the Commission have made the national objectives so clear as to declare educational television spectrum off limits to encroachment by other services.


However. CPB does not object to a plan to utilize this spectrum more efficiently, if (1) clear and convincing evidence is given that at least as much protection will be afforded broadcast stations as now required by FCC rules; and (2) that such protection be afforded all educational TV assignment now and in the future, assuming a "saturated" Table of Assignments for channels 14-83. Under the present proposals there are serious questions about interference that must be resolved before any sharing is considered feasible.


Now, as the nation stands on the threshold of adequate financial resources necessary to develop educational television, the Commission must dismiss any proposals that would tend to hinder such development.


D. H. Overmyer Telecasting Company, Inc.


D. H. Overmyer Telecasting Company, Inc., licensee of UHF station WDHO TV, Channel 24, Toledo, Ohio submits that neither proposal is based on real need. It appears that the proposals represent a predetermination by the Commission that UHF - TV reallocation is the only available means to solve frequency congestion in the land mobile services. There are various other alternatives. In Docket 18261 the Commission has accepted on blind faith the claims of land mobile interest that 900 MHz frequencies are unsuitable for their needs, when in fact such frequencies may be far superior. The Commission has not studied the question of why the present problem could not be better solved through a more efficient utilization and management of existing land mobile frequencies. Until such questions are answered, any action of the type proposed herein would be premature.


The Commission has not judged the harmful effects which its channel sharing proposal, Docket 18261, will have upon existing UHF - TV service. Based on Commissioner Lee's dissent and Commissioner Cox's concurring statement alone, the Commission's proposal should be rejected.


Finally, if the proposals are adopted, the Commission will have abandoned its long-standing commitment to foster UHF television. Just six years ago Congress enacted the all-channel receiver bill relying upon the Commission's own representation that 70 UHF - TV channels were indispensable. Since that time, the Commission has consistently reiterated its belief that all 70 UHF channels are absolutely essential for an efficient and competitive national TV system. At a time when UHF television is finally able to support itself, the Commission proposes to deprive it of valuable spectrum space in favor of an alleged land mobile need. The action constitutes not only a complete about-face from existing precedent, but also a grave disservice to many communities throughout the United States.


Eagle Broadcasting Company


(Same as D.H. Overmyer Telecasting Company, Inc.)


Georgia State Board of Education


The Georgia State Board of Education, licensee of two UHF and six VHF educational television stations, adopts and supports the comments filed by the National Association of Educational Broadcasters.


Indian River Television, Inc.


(Same as D.H. Overmyer Telecasting Company, Inc.)


Joint Council on Educational Communications (JCET)


Docket 18261 is lesser of the two evils. If the Commission firmly decides land mobile needs justify use of additional spectrum and that no alternative relief is available, then use of UHF channels must proceed slowing and be in complete compliance with the rules set forth to protect public television. Because of the large number of potential users involved, enforcement will be a problem. Special situations may call for special measures for interference protection, even more restrictive of land mobile use than provided under the proposal. Protection beyond Grade B contour must be afforded educational signals on channels 14-20 which are relayed "off-air" to other broadcast stations or to ITFS systems.


Docket 18262 should not be adopted. In 1966 (Docket 14229) the Commission set aside channels 70-83 as a pool of flexibility channels for future television needs. Needs of public television are even stronger now, especially in larger urban areas where the Commission's proposal would be felt the most. Diverse educational needs will require as many as 4 non-commercial channels in major cities. The Commission has a proposal outstanding to use the upper UHF channels for low-power community educational stations which should not be abandoned. Rand studies for the President's Task Force indicate the need for several such stations in city ghetto areas. New techniques such as "stratovision", "polycasting", and satellite broadcasting would be compelled to use these flexibility channels. In the latter case, comments in Docket 18294 by Comsat, RCA, and GE point to these channels as being optimum for space broadcasting. Frequencies 919-942 MHz would provide adequate spectrum for space broadcasting and still leave channels 70-83 for expanding terrestrial systems.


Mercury Media, Inc.


(Same as D. H. Overmyer Telecasting Company, Inc.)


National Association of Broadcasters (NAB)


NAB terms action proposed by the Commission as drastic and extremely premature, though some reallocation of upper portion of UHF - TV spectrum may be necessary in the future. Primary basis for proposals, i.e., predicted land mobile growth to year 1980, is grossly overstated. MST shows that ACLMRS figure of 7.3 million transmitters is grossly overstated. Based on corrected data of present authorizations this 1980 figure is reduced to 2.6 million.


The solution to land mobile congestion does not involve more spectrum. An IRAC report, June 1968, states in Los Angeles "the immediate problem can be solved with resources already available."


Management deficiencies contribute to land mobile congestion. Block allocation is outmoded and results in situations such as unused Forestry Conservation frequencies in New York City while at the same time Business channels are seriously congested. Block allocation should be abandoned in favor of the interservice sharing recommended in the JTAC report.


Frequency coordination through voluntary user organization is inadequate and can never hope to implement the goal of spectrum/area/time sharing. Lack of cooperation between users in the sharing of spectrum is a serious problem where neighboring local jurisdictions cannot agree on cooperative use of frequencies for inter-system communications or, even worse, where a city government fails to integrate the needs of its own municipal departments into one communications system. In addition to improved sharing, a greater use of common user or common carrier services can go a long way toward relieving the congestion.


It is not true that frequencies above 806 MHz cannot be used immediately by land mobile. The bands returned from the DTM could be used with very little modification of existing equipment. A 1956 Motorola report attests to this fact. This is further supported by the extensive analysis of Kelly Scientific Corporation for MST which shows that the performance at 900 MHz compares favorably with 450 MHz.


Congress and the FCC have strongly supported an 82 channel TV system which would be irreparably damaged if the Commission's proposals are adopted. Sharing of channels 14-20 is based on faulty engineering which tends to minimize the interference potentials. There is no reliable data to justify ignoring "taboos" as done in 18261. The proposed Grade B contours are unrealistic since they are based on ERP of IMW, whereas FCC Rules permit up to 5 times that much power. Also, the F(50, 50) curves have not been adopted by the Commission and tend to shorten Grade B distances.


In Docket 15398, the Commission proposed, but has not yet initiated, field tests to determine the actual interference from UHF - TV sharing. Such tests are necessary to determine (1) TV interference from strong local mobile signals; (2) additive effects of multiple mobile transmitters; (3) current validity of "taboos."


The SRI studies must be analyzed and supplemented by a comprehensive traffic monitoring program before any reallocation of UHF - TV spectrum. Traffic monitoring would provide information on the type of communications on land mobile channels, which together with the channel loading data obtained by SRI, will yield a clearer picture of land mobile use.


Further reduction of STL frequencies 942-952 MHz must not be adopted. Though present use may be low statistically, industry growth and technological developments will greatly increase it. Docket 17873 for instance proposes a new use of these channels for remote control of transmitters. STL operations are far superior to wireline facilities in reliability and in the quality of stereo and SCA transmission.


National Association of Educational Broadcasters (NAEB)


Dockets 18261 and 18262 must be considered together and in the context of earlier Docket 14229 dedicated to expanded use of UHF channels.


The Commission has always held the view that channels must be reserved for educational interests to prevent their having to compete with commercial broadcasters. Use of these reserved channels has progressed with the aid of Congress though the Educational Television Facilities Act of 1962, the All-Channel Television Receiver Act of 1962, and the Public Broadcasting Act of 1967. Since VHF reservations have been filled, educational television now depends almost entirely on the use of UHF facilities for future growth.


Several issues and proposals affecting the future of educational broadcasting are outstanding in Docket 14229 which must be resolved before embarking on radically different proposals for the use of UHF channels. Unresolved questions involve possible revision of the UHF table of assignments, use of channels 70-83 for low power community educational stations, and exclusive use of channels 70-83 for translators.


NAEB would support proposals designed to relieve land mobile congestion if it could be assured that adequate channels would be reserved for educational needs and that existing assignments are not adversely affected. But such is not the case in the instant proposals. An engineering report prepared for NAEB by Jansky and Bailey concludes the Commission did not apply appropriate engineering in the proposals of 18261. In computing separation distances, existing curves, not the F(50, 50) curves, must be used together with a maximum ERP of 5 MW instead of the assumed 1 MW. All terrain between transmitter and Grade B contour must be considered, not just from 2 to 10 miles as proposed. Insufficient showing has been made that all "taboos" other than adjacent and co-channel protection can be ignored. Nor has it been shown what the combined effect of multiple mobile transmitters might be on television reception. An in-depth study of these problems must also take into account the effect on existing and proposed assignments on channels 21-35 in addition to those on channels 14-20. Of particular concern is the probable interference to assignments on channels 21 and 22, similar to what is now being experienced on channels 14 and 15 from land mobile operations in the 450-470 MHz band.


Pending evaluation of current studies into allocation and assignment practices in the land mobile services by the FCC staff, JTAC, SRI, and the President's Task Force, the present proposals should be treated as a tentative solution, i.e., use only as many channels as necessary for immediate relief. 18261 should not be treated as a 10-20 year solution. First, however, an experiment should be conducted to determine the actual effects of sharing. The Commission must proceed cautiously with sharing of TV channels by other services. It must be careful not to set a hasty precedent that will open the way for even greater demands.


Docket 18262 poses an even greater threat to educational television through the complete and irrevocable loss of channels 70-83. The Commission should adopt NAEB's proposal (Docket 14229) for a saturated assignment plan including all 70 UHF channels. This approach is more consistent with educational interest than considering channels 14-69 and 70-83 as separate allocations for separate purposes. The Commission's proposal in Docket 14229 to use the upper 14 channels for low power broadcast stations is not responsive to the needs of educational stations to provide wide area coverage as well as coverage to local school systems. Instead, the upper 14 channels should be reserved for full power educational use to provide the diversity of special programming now deficient in many areas due to a lack of educational assignments. At the very least, the Commission should revise its proposals in Docket 18262 to provide some reservation of full-power channels for educational television.


The Commission has not presented adequate justification for a departure from its policy to foster the future development of educational television. It has not substantiated the alleged need of land mobile users for UHF spectrum. The Commission's proposals come at a time when educational television is on the verge of rapid expansion and contradict the proposals of Docket 18433 to require comparable ease of tuning for all channels.


National Broadcasting Company, Inc. (NBC)


Conditions leading to adoption of the All Channel Receiver Act of 1964 have not changed. An 82 channel TV system is still needed. But now, even before the full effects of the above Act are felt, the Commission proposes in Docket 18262 to reallocate 17% (14 out of 82) of these channels to meet immediate and long range land mobile needs which have not been substantiated. If it is later found that replacement of these 14 channels must be made elsewhere in the spectrum, the nation would face another receiver compatibility crisis. Whatever needs are found to exist for additional public safety frequencies can be met through interservice sharing together with the use of the 26 MHz returned from the DTM.


No reduction should be made in the 942-952 MHz STL band. Recent equipment advances will stimulate greater demands for this service. In addition to regular STL operations, low power microphones create saturated conditions in this band during major news events. Crowding would be intolerable if only half this space were available. Can it be that questionable future land mobile needs outweigh the existing needs of broadcasters who have developed the necessary equipment and are presently using these frequencies efficiently and for valuable services?


If implemented, the proposals in Docket 18261 would result in severe interference to TV stations. Proper attention to engineering is not evident in the proposals. The separation distances are based on unrealistic maximum powers for TV stations and on unproven propagation curves. Taboo interference problems are dismissed in an off-hand manner without proper analysis.


Nationwide Communications, Inc.


(Same as D. H. Overmyer Telecasting Company, Inc.)


North Alabama Broadcasters, Inc.


(Same as D. H. Overmyer Telecasting Company, Inc.)


Philadelphia Mobile Telephone Company


Philadelphia Mobile agrees with the proposed reallocation for public as well as private land mobile users.


In contradiction to the basic principles of spectrum management, valuable frequencies in the UHF band are lying fallow in metropolitan areas where land mobile services are severely congested. To divert a small portion of this spectrum to land mobile would not materially affect the growth of TV service.


The Commission must not be swayed by statements that land mobile radio is but a toy or status symbol. The vital public interest in this service is well established in FCC records.


Philip Y. Hahn, Jr.


(Same as D. H. Overmyer Telecasting Company, Inc.)


Small Business Administration (SBA)


Commends the Commission on its proposals in Dockets 18261 and 18262, but views them both as only temporary solutions to land mobile frequency congestion. Improved land mobile techniques will provide no meaningful relief. Long range needs can be met only by extending the geographic reallocation proposed in Docket 18261 to all UHF - TV channels that, although "assigned", are not presently in use in the top 25 urban areas. There is no justification for reserving idle "assignments" in major cities for future TV use which may never materialize. Limitation such as 6 feet AAT and 5 watts ERP are unresponsive to land mobile requirements and must be relaxed if any measurable relief is to be provided in such areas as New York, Chicago and Los Angeles. The Commission should further re-examine the entire allocation structure and carefully weigh the needs and public benefits of the various radio services. In comparing TV with land mobile, it might be well to weigh the value of the typical commercial TV programming (a second re-run of "I Love Lucy") against that of improved service by ambulances, fuel and maintenance vehicles, etc.


Steel City Broadcasting Company


(Same as D. H. Overmyer Telecasting Company, Inc.)


John J. Tibiletti


Opposes either sharing in 18261 or reallocation in 18262. Translators extend service to areas unable to support local TV stations. The upper channels also provide the only potential growing space for UHF - TV. Some possible future uses of these channels include low power TV outlets and satellite broadcasting. More consideration must be given to limiting land mobile eligibility and improving its technical standards.




(Same as D.H. Overmyer Telecasting Company, Inc.)


Westport Television, Inc.


(Same as D.H. Overmyer Telecasting Company, Inc.)



Aeronautical Radio, Inc. (ARINC)


Expresses interest in the AT&T's proposed air-ground service but cannot support the allocation of 20 MHz for that purpose without further evaluation of the actual system and its potential impact on the air transport industry.


Association of Home Appliance Manufacturers (AHAM)


AHAM agrees with those who are using 915 MHz for microwave heating that reduction to +/- 4 MHz would render the band useless for its intended purpose. It disagrees with Voss-Tinga's proposal to cut ISM to +/- 10 MHz (this proposal was later withdrawn by Voss-Tinga itself). Because of the many technical questions raised in the comments about the immediate usefulness of 806-960 MHz for land mobile communication, AHAM recommends the proposals be dropped until these matters are thoroughly resolved. It offers to work with the Commission to reduce the amount of spectrum required for microwave heating.


American Telephone and Telegraph Company (AT&T)


There is unanimous agreement among those responsible for land mobile service that the proposed frequencies are needed and usable for land mobile purposes; that 5-10 years will be required to develop suitable equipment; and that the proposed allocation should be made now so that appropriate study and developmental programs may proceed. Opposing arguments - that land mobile does not need more spectrum or that existing services which are now allegedly using these frequencies efficiently would be disrupted or deprived of future growth - have already been considered specifically by the Commission and rejected in the Notice.


Improvements in land mobile management would provide some degree of relief, but it would be minimal compared to the need for additional spectrum. Better utilization practices are equally applicable to all services including broadcasting. In fact, land mobile has a uniquely impressive record of striving to increase spectrum efficiency. Similar advances in other services such as narrow banding the STL allocation, reducing ISM bandwidth, and increasing ISM use of 2450 MHz in lieu of 915 MHz are all desirable steps in coping with increasing demands on the spectrum.


AT&T repeats its earlier position that a firm allocation of 75 MHz to the common carrier service is necessary if funds are to be committed to the study and development of a high-capacity system. There is no legal impediment to WCCs providing a dispatch service, as contended by Motorola and NARS. Both direct and operator dispatch systems have been provided by AT&T since 1946. The tariffs for a high-capacity system would offer a communications service rather than the leasing of lines or equipment.


Any immediate suballocation of the common carrier spectrum between WCCs and RCCs would be arbitrary without the benefit of studies to define the optimum bandwidths required by the services to be accommodated. Suballocation should be deferred for 18 months until completion of phase I of AT&T's study and exploratory development.


Communications Bureau of the City of Milwaukee


Submits a statement by Telcom, Inc. which gives the interim results of recent tests (Winter 1968-1969) performed in Milwaukee for purpose of comparing 150, 450 and 950 MHz for teleprinters. Included are curves showing that little difference exists in signal path loss for the three bands. Based on these results "it appears that. . . using any of the three frequency bands is practical." It emphasizes, however, that the tests were run only with base-to-mobile transmission, and that no conclusions should be drawn for the reverse situation. It is also noted that foliage losses were minimum during the winter months when the tests were run.


General Electric Company (G. E.)


G. E. reiterates its original position that 915 +/- 25 MHz should not be reduced because it is impossible under existing technology to produce an economical microwave generator for home or industry capable of +/- 4 MHz, or any bandwidth less than the present. Tens of thousands of microwave ovens are in use in homes throughout the country. The locations of these units are largely unknown, and their conversion to +/- 4 MHz would not be practical.


G. E.'s position is supported by Raytheon comments which state in short that (1) a tolerance of +/- 25 MHz is needed for magnetron operation; (2) reduction of bandwidth would prevent multimoding and result in uneven illumination and heating; (3) tighter tolerances would increase rejection rate by 20% in magnetron production, require tighter temperature tolerances, and necessitate the use of ferrite isolators or circulators to prevent frequency changes due to load variations; and (4) the net result would be a doubling of cost over present devices.


G. E. also summarizes comments by Voss-Tinga Associates stating similar views regarding the detrimental effects of the proposal, but offering a compromise proposal to reduce bandwidth to +/- 10 MHz. This is not a sound proposal since load variations alone cause a fundamental frequency deviation of 26 MHz (+/- 13). API's support of the Commission's proposal without suggesting how it might be done, shows it obviously is not acquainted with the technical and economic problems involved. Before any reduction of 915 ISM band is considered, new basic techniques must be developed, possibly through a joint industry/FCC study program.


G. E. also reaffirmed its position that final reallocation of UHF-TV spectrum may preclude any future consideration of this band for space broadcasting. It also urges close adherence to TV taboos in any land mobile sharing of translator channels.


International Association of Fire Chiefs (IAFC)


The evidence in these dockets proves beyond doubt that land mobile needs are immediate and that additional spectrum is required to enable either short or long term growth. Frequency congestion must be remedied if the nation's fire protection services are to be fully effective.


International Municipal Signal Association (IMSA)


Despite what AMST has said, the 26 MHz returned from the DTM is not enough to meet the needs of land mobile. It is clear from the comments of equipment manufacturers and other experts in the land mobile field that 900 MHz will not be immediately usable. Regardless of what growth projections are used, congestion is a fact in the cities and it will not improve until additional spectrum is provided.


Land Mobile Communications Council (LMCC)


LMCC is not unsympathetic to the needs of educational television. However, it assumes that the FCC fully considered these needs and the remaining issues in Docket 14229 before issuing the proposals in this proceeding. If there are conflicting issues in these dockets affecting the use of 806-890 MHz which have not yet been resolved, interested parties should be afforded another opportunity to comment.


Despite the arguments of AMST, it is clear that substantial land mobile spectrum is needed in addition to the 26 MHz returned from the DTM. The unanimous position of land mobile interests is that frequencies in the 900 MHz range can meet certain land mobile requirements. This band can even be used for conventional two-way communications over wider areas if potential users are willing to pay the higher costs of relay stations. However, there is no equipment available off the shelf which can be pressed into immediate mobile service at 900 MHz. As shown by EIA and others, at least 7 to 10 years will be needed to develop suitable and reasonably priced equipment for this band.


Land Mobile Communications Section Industrial Electronics Division Electronic Industries Association


The Section confirms its original statement that (1) frequencies near 900 MHz, though long term in nature, should be allocated to land mobile immediately; (2) the Commission should adopt an extensive developmental program to determine technical and economic feasibility of 900 MHz operation and to develop marketable equipment; (3) the Commission should not suballocate these frequencies either within the private services or between common carrier and private service until a developmental program is complete.


The Section agrees with ISM industry that no sound engineering solutions have been offered to the problem of reducing 915 MHz band to +/- 4 MHz. To go ahead with the proposal would conflict with the state-of-the-art. In the interest of spectrum conservation, however, industry and government should study this problem further to see if the band can be reduced in the future.


AMST's block diagram of 450 MHz equipment modified for 900 MHz use is an inaccurate drawing of an experimental set-up used in the laboratory 10 years ago, and illustrates their lack of technical knowledge of land mobile equipment. MST's data on propagation is obviously wrong when it shows a 150 MHz 110 watt base station with a 100 foot 6 db antenna as having a coverage of only 3.18 miles. Other data, such as receiver noise figures, ambient noise levels and mobile antenna heights are inconsistent with land mobile technology. MST's consideration of "flutter" is based on AM systems and would not apply to FM techniques used in land mobile.


The Section adheres to its original belief that 7-10 years is required for 900 MHz development. Actually, the full use of 900 MHz will closely parallel that of 450 MHz, taking 10-15 years. Equipment in the latter band is still more costly than in lower land mobile bands. Some costs involved in conversion to 900 MHz are (1) an additional multiplier stage and resonant cavity in the receiver oscillator-multiplier chain; (2) an increase in the RF preselector for adequate spurious response control; (3) a frequency change in the first IF; (4) an additional transmitter frequency doubler and output resonant cavity; and (5) changeover of the IPA and PA output circuits to resonant cavities. Such changes would require re-tooling and development outside the time frame of immediate land mobile relief.


MST's naivete is further illustrated by its contention that land mobile congestion can be lessened through the use of common carrier provided dispatch service. Experience has shown common user systems wasteful of spectrum and less effective than private systems. Such system should not be considered in this proceeding.


Motorola, Inc.


Motorola addresses its reply to the comments of AMST and principally Exhibit E of Part III regarding the feasibility of using 900 MHz for land mobile service. As a general matter Motorola reaffirms its position that the proposed allocation of 115 MHz to the land mobile service is a necessary step in the efficient development of this part of the spectrum, but is not a substitute for immediate relief in the form of lower UHF-TV channels.


Motorola adheres to the position that a 7 to 10 year leadtime will be required at 900 MHz in order to fully assess the usefulness of the band for land mobile operation and to produce marketable equipment. Present data on coverage at 900 MHz is inadequate. However, based on what is now known, conventional private services will be limited to about 35% coverage reliability over a range of 4 to 5 miles. AMST's statement on the time in which 900 MHz can be used for land mobile is misleading and incorrect. The following sequence of events outlined by AT&T will also apply in the private sector over the next 5 to 7 years: (a) exploratory work, (b) subservice, (c) equipment design, (d) field trials, (e) market studies, and (f) prototype system.


AMST's comments concerning the ease of modifying 450 MHz equipment is based on a 1952 experiment conducted by Motorola. Land mobile equipment now in use cannot be converted by straight forward means for the following reasons: (1) compact equipment layout does not provide space for added components; (2) present 450 MHz power tubes (8643) have little or no output at 900 MHz; (3) the old equipment which was converted for experimental use employed 2C39 power tubes (operational to 2GHz) which have since been replaced by the more rugged 8643 tube. Modifications necessary to convert an existing 450 MHz receiver would seriously degrade (up to 36 db) its spurious image performance. The latter will be especially serious on frequencies immediately above the UHF-TV channels. It is clear that an entirely new line of equipment will be required to provide satisfactory performance at 900 MHz. Such equipment would typically employ cavity resonators and other mechanical configurations much more complex and costly than lumped constant and printed circuits used in lower bands. This difference in cost will be a factor even after suitable equipment has been developed for 900 MHz.


AMST concludes that the 26 MHz returned from the DTM will satisfy the immediate and long term land mobile needs if the Commission will make it mandatory that private users subscribe to common carrier dispatch service. First, there is no proven need for common carrier dispatch service. There are also legal and technical questions pointed out in Motorola's filing in Docket 11997 and which are summarized in the original comments in the present proceeding.


National Association of Manufacturers (NAM)


NAM supports the proposed reallocation and recommends that a portion of the 806-960 MHz band be reserved for industrial telemetry purposes such as those permitted by footnote US5 in the Government band 217-219 MHz. The growing requirements for telemetry in a variety of research and development programs in such fields as oceanography and automobile safety warrant an exclusive telemetry allocation. However, NAM is not yet prepared to suggest exactly how much spectrum will be required.


National Committee for Utilities Radio (NCUR)


NCUR terms as unreasonable and unrealistic AMST's contention that the 26 MHz returned from the DTM will meet whatever immediate and long term frequency needs exist in the land mobile services. Statements by equipment manufacturers and common carriers, who have the greatest motivation and expertise to develop this part of the spectrum for land mobile service, unanimously agree that it will be many years before suitable and reasonably priced equipment will be available. Even so, it is well substantiated that frequencies in the upper UHF band, though suitable for specialized applications, cannot satisfy the bulk of land mobile requirements now being served on frequencies below 470 MHz, and which can be served in the future only by reallocation of channels 14-21.


Special Industrial Radio Service Association, Inc. (SIRSA)


Allegations by AMST that land mobile licensees require no additional spectrum are contradicted by its own recommendation that 26 MHz returned from the DTM be given to the land mobile service. The overwhelming evidence and the Commission's own calculations indicate that substantially more than this amount will be required. AMST's statements regarding the ease of producing suitable land mobile equipment in the vicinity of 900 MHz are overshadowed by the authoritative statements of Motorola and others most familiar with land mobile equipment and design and manufacture. AT&T also approaches the use of these frequencies with caution and estimates a developmental program ranging from 5 to 7 years.


Uncertainties expressed in comments by AT&T and others regarding the development of a common carrier dispatch service, add weight to SIRSA's original suggestion that a portion of the proposed common carrier 75 MHz be held in reserve until more is known of the eventual needs of all land mobile services in this part of the spectrum.


With regard to NAEB's concern over the unresolved issues in the Commission's Docket 14229, it must be assumed that these matters were all adequately considered by the Commission before the instant proposals were issued. If not, the Commission should afford interested parties another opportunity to comment on its ultimate proposals for the use of the 806-890 MHz band.



All-Channel Television Society (ACTS)


LMCC's proposal for outright reallocation of the lower 7 channels ignores (1) probable loss or reduction of TV service in many areas; (2) degradation of the quality of service; (3) loss of viewers who are just now becoming familiar with UHF stations; (4) public investment in all channel tuners.


The overwhelming evidence now before the Commission is that the allocation of any additional spectrum to land mobile would not solve the basic causes of congestion which are antiquated allocation policies and a lack of user discipline. Actual assignment congestion is placed in serious doubt when, as AMST shows, only about 66% of licensed land mobile transmitters are actually in use. Certainly a massive relocation and disruption to UHF-TV such as LMCC proposes cannot be justified until all other approaches have been fully exhausted, which is far from the case now. AMST has shown that better management practices could double present occupancy in portions of the land mobile spectrum. The hundreds of pages of land mobile comments have failed to show any facts that present frequencies are being used efficiently.


LMCC does not attempt to solve the interference problems it foresees under the Commission's sharing proposals, but instead uses this as a justification for outright reallocation. It makes this recommendation while at the same time conceding that the Commission does not have sufficient facts on which to base a final allocation.


ACTS recommends the Commission (1) evaluate its land mobile records; (2) require usage data from land mobile licensees; (3) undertake program of traffic monitoring; (4) suspend the present system of land mobile block allocations while providing necessary channels to essential public safety users.


American Broadcasting Company (ABC)


Solution to the immediate land mobile congestion problem does not rest in the allocation of additional frequencies, but as convincingly shown by SRI, AMST and others, in the reform of land mobile operating and licensing practices. The impracticality of the Commission's proposal in Docket 18261 is clear from the almost unanimous opposition received from both sides. The broadcasters are concerned about the strong probability of serious interference to TV reception, while land mobile users complain they would be so restricted that the frequencies would be of only meager value. The LMCC counterproposal for outright reallocation of the lower 7 channels would cause a severe disruption of broadcasting service and is wholly inconsistent with Commission policy to foster UHF development. If the Commission ultimately decides that additional land mobile frequencies are required, it should look to the upper UHF channels which will probably never be used as extensively for television as the lower channels. By the time land mobile management reforms have been implemented and additional frequencies are needed for future development, suitable equipment will be available for use in these higher frequencies.


Association of Maximum Service Telecaster (MST)


The key point MST wants to make is that there is general agreement between SRI, the President's Task Force, and JTAC that management "reforms and improvements would conserve enormous amounts of spectrum presently allocated to land mobile," even if such reforms are "purely short-range" in nature. Thus there is no need to reallocate or share UHF-TV spectrum. Should some additional land mobile spectrum be required until management reforms are implemented, immediate use can be made of the 26 MHz returned from the DTM above 900 MHz.


To substantiate its conclusions, MST draws heavily on the findings of SRI in its interim report. Some of these conclusions and the supporting pages from Part B of the SRI report are: land mobile congestion is caused not by a lack of frequencies but by uneven channel loading (page 61); contributing to this problem are obsolete block allocation policy (page 61), inaccurate data (pages 7, 45, 50), and inadequate frequency coordination (page 62); these are in turn the results of insufficient FCC funds and staff (page 61); the immediate and long range cure lies not in the reallocation of TV channels but in increased interservice sharing (pages 61, 62) and a greater reliance on communication service companies, in combination with technological advances such as multiplexing, trunking, car location, data services, etc.


SRI also points out that the 220 "tertiaries" in the 150 MHz band are fully usable in urban areas, since 101 of them are already in use in Detroit and 142 in Los Angeles.


The remainder of the MST reply comments focuses on the positions and counter proposals presented in land mobile comments.


Growth predictions included in the LMAC report and those submitted in Dockets 18261 and 18262 by various land mobile entities (LM-EIA, and NAM) are mutually inconsistent. For example NAM predicts 150 thousand transmitters in the manufacturers service by 1980, LM-EIA predicts 250 thousand transmitters in that service by 1980, and LMAC predicted 1.3 million same service same date. The total number of industrial transmitters licensed by 1980, NAM predicts will be 3.05 million, LM-EIA predicts 4.98 million, and LMAC predicts 7.90 million. Such differences and confusion are obviously the result of inaccurate data and shallow analyses. None of these predictions take into account that the area of the major cities is expanding even faster than the population. The result will be the ability to reassign land mobile frequencies on a geographical basis within the same urban complex, thus easing rather than increasing congestion problems. In other words, land mobile needs are more a function of urban population density which is increasing much slower than overall population, or even declining.


In contrast to what land mobile comments would have us believe, wide coverage is not needed by most land mobile users. Little attention is given to tailoring ERP, antenna height, etc. to actual system coverage requirements. This problem is also mentioned in the SRI report. Large systems requiring wide coverage might achieve more efficient channel use through multiple low powered repeaters. Small users would be served best by communication service entities such as RCCs.


Frequencies above 900 MHz are immediately usable by land mobile. Reluctance of land mobile users to accept this band is based on alleged long development time, short range coverage, high cost, and inferior performance. However, as mentioned above, wide area coverage is not a major requirement. Also, AT&T has stated in its comments that 900 MHz frequencies appear to be completely satisfactory for land mobile use. General O'Connell stated before the Senate that 900 MHz is potentially usable within two or three years. Kelly Scientific Corporation shows (Exhibit 2) that coverage and performance at 900 MHz is comparable to 450 MHz in urban environments. "The great equalizer" is the immunity of 900 MHz to man-made noise. Foliage losses, though increasing somewhat with frequency are not very important in the city. Shadow losses are diminished at the higher frequencies due to "fill-in" between tall buildings. In overall coverage, a 1952 report by W. R. Young of Bell Telephone Labs demonstrates on the basis of extensive field trials that 900 MHz compares favorably with 150 and 450 MHz. Using ERPs of 250 watts, 125 watts and 250 watts respectively at 150 MHz, 450 MHz and 900 MHz, Young found that the probability of receiving at least commercial quality signals over a 15-23 mile suburban range are 45%, 64%, and 52%, respectively. The urban environment would be even more favorable to 900 MHz because of decreased foliage loss. AT&T states that powers of several hundred watts per channel are attainable at 900 MHz, again contradicting the arguments of the private users.


New Land mobile uses alleged to require additional spectrum can be accommodated on present land mobile or operational fixed channels. These uses include helmet radios, wrist radios, vehicular repeaters, hospital emergencies and data transmissions, remote control, etc.


The Cullum proposal for outright reallocation of channels 14-20 is technically unsound and unworkable. Analysis of this proposal was prepared for MST by Howard Head of A. D. Ring Associates (Exhibit 4). It is concluded that all existing UHF assignments on these channels cannot be accommodated on channels 21-69 as claimed by Cullum. To ignore or reduce taboo separations due to IM, IF, and image considerations would create intolerable interference to existing stations. Contrary to Cullum's assumptions, the data in Lab Report L-6201 indicates 20 miles is a conservative TV station separation to protect against the effects of intermodulation. As for IF beat interference this same data shows that 20 miles separation, which Cullum assumes can be ignored, is actually insufficient protection. Reducing the separation distances for image frequency protection would increase what is already substantial interference from this source. The situation is even worse for color sets which have poorer image rejection than do the black and white sets on which the present separation distances are based.


Even if the Cullum approach were technically sound, which it is not, 15 TV assignments would be lost in 14 cities totaling over 4 million in population. Moreover, coverage of present stations forced to move to higher channels would be reduced. To regain this coverage would require costly modifications such as increased power or transmitter relocation. The cost of changing frequency and making other necessary adjustments could range up to $ 500,000 per station instead of $ 125,000 estimated by the land mobile advocates. The cost for 77 stations could thus be as much as $ 39,000,000. This does not account for modification or reorientation of public receiving equipment in schools or in cable or translator systems. Nor does it account for lost advertising and the public's association of a TV station with its present channel number. The expenses of changing channels would be ruinous for many UHF stations operating with marginal finances.


Part of MST's filing, a report by economists Robert R. Nathan Associates, criticizes the FCC proposals as not being supported by studies necessary to make informed judgments. It also criticizes LMAC's presentation on the relative economic values of land mobile and television as not worthy of consideration. It assigns through a system of "shadow pricing" a value of $ 101.6 billion annually to television broadcasting, making it "the most efficient and productive element in the economy." It endorses the AMST suggestion that common carriers can provide more efficient and beneficial land mobile service than can private users.


In the latter regard, an analysis is made of the relative costs and benefits of the private land mobile system versus common carrier dispatch service. It is concluded that a common carrier system would be viable if it has at least 1000 mobile units (200 customers with 5 units each). Such a system will require several frequencies and must use multichannel mobile units to realize full benefits of uniform channel loading. Although very large private users may find their own systems more economical and efficient than common carrier service, the vast majority of users are small and will benefit from subscription service. Even instances where common carrier service is more costly, it has other advantages over private systems such as telephone interconnection; 24 hour, 7 day service; instant channel access in emergency; message store and relay service; greater coverage areas; full duplex operation. By encouraging multiple radio common carrier operations in the same city (in lieu of a WCC monopoly) the public would further benefit from lower prices generated by free competition.


Central Committee of the American Petroleum Institute (API)


Endorses the LMCC filing. No convincing evidence has been presented by AMST or others to warrant a delay in adopting 18261 for immediate, but limited relief, and 18262 as a long term solution to land mobile requirements.


AMST seeks to preserve what has never existed. An 82 channel TV system is in reality only a 67 channel system 55 of which are in the UHF band.


To suggest, as AMST does, that the solution to land mobile congestion is the application of stringent priorities and limitations on eligibility assumes an overall spectrum scarcity which just does not exist. Congestion on land mobile channels is due to an inequitable share of a resource which is generally and even increasingly plentiful. Improvements can be made in the internal efficiency of any radio service, especially broadcasting, but this is not the immediate or long term answer to the land mobile problem. Congestion is a reality regardless of what method one chooses to employ to predict future land mobile growth. Congestion is not something land mobile users have contrived from the Commission's assignment records, inaccurate though they may be. It is the inability to communicate within a reasonable waiting time; it is intolerable interference and interruptions; it is the unavailability of additional public safety channels to meet the increasingly complex and intense needs of a mushrooming urban population. One need only scan the spectrum between 25 and 890 MHz in a city like New York to see where the real congestion and inefficiencies lie.


The Commission has long since recognized that the public interest requires radio in services which are both necessary and convenient. It has also recognized the value of providing the public a choice or privately owned or common carrier radio services. To impose artificial and unnecessary eligibility limitations or to force all private users into common carrier or common user systems as AMST suggests betrays the fundamental spirit of the Communications Act. AMST recklessly urges such a plan to perpetuate the broadcasters' own gross inefficiencies. It further suggests that police users be concentrated in the 150 MHz band while forcing "lower priority" users into common carrier systems at 900 MHz. This gives no consideration whatsoever to the unique value each band of the spectrum has in providing optimum coverage in a wide range of rural and urban environments.


Land mobile growth is closely tied to population growth which AMST's statistical analysis cannot predict. It is likely that land mobile will grow even faster than population if we consider the additive effects of advancing technology, increasing mobility, and rising affluency.


Further evidence of AMST's lack of knowledge of land mobile service is reflected in its simplistic "proof" of the ease of converting equipment to 900 MHz and in its reliance on a uniform maximum channel loading factor of 60 units per channel and in the assumption that the majority of land mobile systems are of the "dispatch" type. There is, of course, a need to define channel loading in concrete terms, but it cannot be assumed that the same relationships apply equally to police as to business or even that "units per channel" is a meaningful measure of actual channel usage.


AMST's concern that severe TV interference would be caused by the proposals in both 18261 and 18262, is based on Grade B contours derived from outmoded propagation charts in the Commission's Rules and not on the slightly modified ones proposed in Docket 16004. Both sets of curves, however, yield contours considerably larger than the actual Grade B coverage which can be determined only by measurement.


City of Dallas, Texas


Urges adoption of 18261 which will provide channels 14 through 19 for land mobile licensees in the Dallas-Fort Worth urbanized area, and 18262 as a means of meeting future land mobile service. The need for additional land mobile spectrum in urban areas is well documented in Congressional, FCC, and other reports. Dallas police congestion problems mentioned in the original comments in this proceeding have been taken care of for now in the 450 MHz band, but it is estimated that in 5 years the same excessive degree of channel loading will be reached. In addition to the City's present assignment of 62 channels, it will need exclusive use of another 100 public safety channels by 1974. One hundred fifty more channels will be needed by 1980 for planned expansion of mobile services including voice, teleprinter, data, signaling and others. Another 100 channels will be required for car locators, telemetry, video, facsimile, traffic control, computer data, forestry and parks, etc. This degree of expansion can be made possible only through the allocation of substantial land mobile spectrum.


Georgia State Board of Education (GSBE)


GSBE opposes the LMCC counterproposal for outright reallocation of the lower 7 channels. Cost to Georgia taxpayers of converting four educational stations under LMCC's proposal would be $ 1,363,770. The FCC's sharing plan is premature and would likely result in destructive interference. If such a plan is adopted, however, it should be done on a trial basis only.


The Commission's proposal with regard to channels 70-83 overlooks the unsettled issues and pleadings in Docket 14229, wherein GSBE and NAEB strongly urge the reservation of adequate educational assignments. There is a national need for additional ETV assignments obtainable only from this spectrum. This need exists apart from the availability of ITFS facilities. Educational needs must be held paramount to any land mobile service except those involving safety of life and property.


National Association of Broadcasters


In short, the Commission should abandon Dockets 18261 and 18262 and implement better land mobile frequency assignment practices to correct the spectrum exposed by SRI. Review of the SRI interim report reveals fallacies in the Commission's present approach to solving land mobile congestion. Important findings of that report are: (1) inequitable channel occupancy or no occupancy at all on 49% of the railroad channels in Detroit and 500 land mobile channels in Los Angeles; (2) general lack of correlation between the number of assignments on a channel and its actual occupancy; (3) inadequate FCC records which show assignments on only about half the channels found to be occupied in Detroit. SRI concludes most urban congestion can be cured by implementing first an area monitoring capability then an assignment plan based on the principle of equal-channel-occupancy. This all points to the futility of attempting to solve the land mobile problem by allocating additional spectrum. As stated by SRI "any new spectrum made available to land mobile users would soon be as inequitably distributed as the present spectrum, unless more effective spectrum management procedures are implemented." SRI concludes this even though its own monitoring technique of sampling peak usage over a 5 minute period tends to inflate the occupancy data.


LMCC's (Cullum) counterproposal, in addition to lying beyond the scope of the instant Notice, is technically infeasible. Even if it were possible to ignore the taboos, 14 cities would lose TV assignments under LMCC's plan. The test data (from FCC Report L6201) on which LMCC's proposals are based do not apply to the broader band-pass color TV sets. A December 28, 1967 study by Kear & Kennedy for NAB concludes these taboos "very much apply to modern receivers."


Land mobile interests understate the cost of converting UHF-TV stations to other frequencies. An MST survey of licensees shows an average cost of $ 167,000 simply to change frequency. The costs would be as much as $ 500,000 if other changes are necessary, such as taller or more directive antennas, higher power, new buildings, towers, etc. At this rate, the total costs for the 26 licensees surveyed would be $ 13 million, and would mean certain bankruptcy to many stations operating on marginal funds.


The Nathan Report for AMST refutes in all respects the economic findings of LMAC regarding the relative values of land mobile and television broadcasting.


National Association of Educational Broadcasters (NAEB)


Docket 18262 seeks to deprive educational television of essential growth potential in the upper 14 UHF channels without adequately considering the issues in Docket 14229, wherein NAEB has supported the reservation of full power ETV assignments on channels 70-83. The Commission's proposals threaten the continued use of translators and the essential function they serve in extending UHF television and educational coverage to underserved areas. At a time when federal matching funds are just becoming available to educational broadcasters for auxiliary services, the Commission would give away half the 942-952 MHz band to highly speculative future land mobile services.


Serious doubts have been raised that a real need exists for additional land mobile frequencies. AMST, JTAC, the President's Task Force, and SRI all indicate that wasteful practices within the land mobile services have created an artificial frequency shortage. Lacking basic administrative reforms, any reallocation would be premature and would make the real causes of congestion more difficult to deal with.


LMCC's counterproposal to move all UHF-TV assignments on channels 14-20 to channels above 21, besides being technically unsound, would place an unreasonable financial burden on marginally funded educational stations. There is serious question about the credibility of the land mobile position in Docket 18262 which, on the one hand, advocates total reallocation of the upper 14 UHF channels and on the other hand, emphasizes the limited suitability of these frequencies for the bulk of land mobile requirements. Hopefully, the Commission will not be led by such arguments to reject its national goals for educational and commercial television, both of which depend so heavily on the continued availability of an 82 channel allocation.


National Association of Radiotelephone Systems (NARS)


In Docket 18261 the Commission should view a total reallocation of the lower 7 channels as the long range goal, but in the interim provide a sharing arrangement such as that proposed. It is imperative that RCCs be eligible for these frequencies in addition to private LM users. RCCs provide the type of disciplined service SRI reports as essential to efficient use of land mobile frequencies. This also applies to Docket 18262 in which NARS has requested that half of the common carrier 75 MHz be allocated to RCCs. NARS supports Motorola's arguments against allowing wireline carriers to furnish private dispatchtype service. This is traditionally and rightfully an RCC function. The Commission should issue an ad hoc statement that RCCs have access to frequencies involved in these dockets and adopt a liberal policy of issuing authorizations for the development of RCC services.


Taft Broadcasting Company


As licensee of WNEP-TV, channel 16, Scranton, Pennsylvania, Taft opposes LMCC proposal for total reallocation which would shift WNEP to channel 26. Total cost of conversion would be in the neighborhood of $ 220,000, not to mention the loss of advertising revenue spent in promoting its public image on channel 16. Aside from these costs, conversion to channel 26 would be difficult if not impossible due to the 20-mile IF and IM taboo requirements involving neighboring stations. LMCC's contention that such taboos can be ignored is not supported by fact. The fact is even these taboos may not adequately protect color receivers, which are more susceptible to interference than the top-of-the-line monochrome sets to which LMCC's data (taken from Lab Report L6201) applies.


AMST's recommendations for better administration of existing land mobile spectrum must be thoroughly evaluated by the Commission before adopting any proposals which would irreparably disrupt public UHF television.


Zenith Radio Corporation


Zenith concurs with filings of AMST and NAB, rejecting proposals to divert UHF spectrum from television to land mobile. An important additional reason for abandoning these proposals stem from Docket 11279 wherein the Commission recently authorized subscription television which is totally dependent on UHF channels for initial and long term growth.


National TV Translator Association (NTTA)


NTTA is composed of approximately 400 TV translator "clubs," "cities," "towns," "counties," "tax districts," ETV licensees and other non-profit organizations operating some 6000 translators serving more than 15 million persons.


NTTA, speaking for the interests of Rural America as well as those in cities dependent on translators for television reception, is strongly opposed to the proposals in Dockets 18261 and 18262 and urges that they be rejected forthwith by the Commission.


NTTA is familiar with the comments of AMST in Dockets 18261 and 18262 and believes them to be an effective, comprehensive and forceful statement of the reasons why the Commission should not adopt its proposals in Dockets 18261 and 18262.


There is sufficient spectrum already allocated to land mobile, assuming efficient allocation, licensing, coordination, management and use of the spectrum.


The future growth and development of UHF television, including the future expansion of diverse and competitive free television service is an important national goal which should not be obstructed or subverted by reallocation of UHF TV channels. Therefore, NTTA incorporates by reference and specifically adopts the comments of AMST as its comments in Dockets 18261 and 18262.

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