Some jurisdictions have deployed Part 22 channels to supplement public safety land mobile radio spectrum in areas where there were insufficient Part 90 channels available to deploy necessary communications systems.  NPSTC recommends the Commission open a rulemaking to address several key areas that would help enable such secondary market access and use of Part 22 channels for public safety and business critical operations.

In its Public Notice, the FCC seeks comment on whether it is appropriate to consider updating the Part 22, Subpart E, Paging and Radiotelephone Service rules to provide flexibility in the types of uses and technologies that can operate on these channels. Such an update could result in licensees deploying innovative technologies, deploying narrowband equipment, or using offset frequencies if they hold adjacent channel blocks.

NPSTC urges the Commission to move forward with a Notice of Proposed Rulemaking to address three key areas. These include widening emission bandwidth to match the currently allowed mask and the rules under Part 90, allowing mobiles, portables, and fixed equipment certified under Part 90 to operate on Part 22 channels and modifying buildout requirements to consider wide-area systems that license adjacent areas to provide interference protection. Updating the Part 22 rules in each of these three areas would support the Commission’s interest in enabling secondary market use of spectrum.