[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Proposed Rules]
[Pages 25184-25185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12587]



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[[Page 25185]]


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90

[WT Docket No. 96-86, FCC 96-155]


Public Safety Radio Requirements Through the Year 2010

AGENCY: Federal Communications Commission.

ACTION: Proposed Rule.

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SUMMARY: The Commission has adopted a Notice of Proposed Rule Making to 
address the present deficiencies in public safety wireless 
communications as well as its expanding spectrum needs. These proposed 
amendments will solicit comments on how to meet public safety needs, 
and to facilitate a transition to a communications environment in which 
public safety agencies have access to higher quality transmission, 
emerging technologies, and broader services. The Notice also furthers 
the Commission's efforts to implement Section 6002 of the Omnibus 
Budget Reconciliation Act of 1993, which requires the Commission to 
study public safety spectrum needs and to develop a plan that ensures 
that adequate frequenices are available for public safety uses through 
the year 2010.

DATES: Comments are due September 20, 1996; reply comments are due 
October 18, 1996.

FOR FURTHER INFORMATION CONTACT: Robert McNamara the Wireless 
Telecommunications Bureau at (202) 418-0680.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, adopted April 5, 1996, and released April 10, 
1996. The full text of this action is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
239, 1919 M Street, N..W., Washington, D.C. The complete text may be 
purchased from the Commission's copy contractor, ITS, Inc., (202) 857-
3800, 2100 M Street, NW., Suite 140, Washington, DC 20037.

Summary of Report and Order

    1. In this action, the Commission initiates an overall evaluation 
and assessment of public safety wireless communications, which builds 
upon our findings and conclusions presented in the 1995 FCC Public 
Safety Report. We believe that the critical responsibilities of public 
safety agencies, such as protection of life and property, can be 
performed more effectively by increasing the flexibility and 
opportunities that wireless communications can offer. The goal of this 
proceeding is to develop the data necessary to evaluate the spectrum 
needs of public safety agencies, to solicit comment on how best to meet 
these needs, and to facilitate a transition to a communications 
environment in which public safety agencies have access to higher 
quality transmission, emerging technologies, and broader services, 
including the ability to communicate readily with one another 
(interoperability). We recognize that such an environment can be 
achieved through a variety of regulatory approaches, such as requiring 
more efficient use of current public safety spectrum, reallocating 
additional spectrum for public safety uses, and facilitating the use of 
commercial service providers for increased communications capacity. We 
believe, however, that no one approach will satisfy all public safety 
communications spectrum needs. We further believe that the optimal 
approach should allow each of these individual approaches to be 
strategically combined in a way that meets the specific needs of 
individual public safety entities.
    2. The Notice of Proposed Rule Making emphasizes two primary 
issues. The first issue is the critical nature of public safety 
responsibilities to the Nation's well being and the role of modern 
wireless communications in ensuring that these duties are fulfilled 
effectively. The second issue is that the fragmented nature of present 
public safety wireless communications has a detrimental impact on 
present and future capabilities. We believe that bringing about 
improved quality and tangible access to expanded services is dependent 
largely on public safety operating in a wider and more consistent 
environment. This proceeding seeks to broaden the opportunity for 
public safety agencies to obtain access to the benefits that accrue 
from the increased competition and innovation that has emerged in 
telecommunications generally while maintaining the independence, 
reliability, universal service and security that are integral to public 
safety. We believe that a regulatory structure can emerge that is more 
efficient, commits more discretion to users, and facilitates access to 
a much broader range of services.
    3. Authority for issuance of this Notice of Proposed Rule Making is 
contained in Sections 4(i) and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. Secs. 154(i) and 303(r).

Final Regulatory Flexibility Analysis

    4. As required by Section 603 of the Regulatory Flexibility Act, 
the Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the expected impact on small entities of the proposals 
suggested in this document. The IRFA is set forth in Appendix A of the 
Notice of Proposed Rule Making. Written public comments are requested 
on the IRFA. These comments must be filed in accordance with the same 
filing deadlines as comments on the rest of the Notice of Proposed Rule 
Making, but they must have a separate and distinct heading designating 
them as responses to the IRFA. The Secretary shall send a copy of this 
Notice of Proposed Rule Making, including the IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration in accordance 
with paragraph 603(a) of the Regulatory Flexibility Act, Public Law No. 
96-354, 94 Stat. 1164, 5 U.S.C. 601-612.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-12587 Filed 5-17-96; 8:45 am]
BILLING CODE 6712-01-P