[Federal Register Volume 65, Number 166 (Friday, August 25, 2000)]
[Proposed Rules]
[Pages 51788-51792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21579]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 00-271]


Public Safety 700 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this Fourth Notice of Proposed Rulemaking (4thNPRM), the 
Commission proposes rules concerning various technical and operational 
issues regarding the use of interoperability frequencies in the 764-776 
MHz and 794-806 MHz frequency bands (the 700 MHz band). Previously, the 
Commission charged the Public Safety National Coordination Committee 
(NCC) with preparing a report on the technical and operational 
standards for interoperability frequencies in the 700 MHz band. The NCC 
issued its report to the Commission on February 25, 2000. The 
Commission seeks comment on the rules proposed in response to 
recommendations contained in the NCC's report.

DATES: Comments are due September 25, 2000. Reply comments are due 
Ocotber 10, 2000.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW, Room 4-C207, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Bertram Weintraub or Nancy Zaczek, 
Wireless Telecommunications Bureau, Public Safety & Private Wireless 
Division, Policy and Rules Branch, (202) 418-0680, or via E-mail to 
``[email protected]'' or ``[email protected]''.

SUPPLEMENTARY INFORMATION:
    1. This document summarizes the Commission's 4thNPRM in WT Docket 
No. 96-86, FCC 00-271, adopted on July 25, 2000 and released on August 
2, 2000. The full text of the 4thNPRM is available for inspection and 
duplication

[[Page 51789]]

during regular business hours in the FCC Reference Center, 445 12th 
Street, SW, Room CY-A257, Washington, DC 20554. The full text of the 
4thNPRM may also be purchased from the Commission's copy contractor, 
International Transcription Service, Inc. (ITS), 1231 20th Street, NW, 
Washington, DC 20036, (202) 857-3800. The full text of the 4thNPRM may 
also be downloaded at www.fcc.gov. Alternative formats are available to 
persons with disabilities by contacting Martha Contee at (202) 418-0260 
or TTY (202) 418-2555.

Summary of the Fourth Notice

    2. The Commission directed the NCC to make a timely recommendation 
concerning whether the Commission should require trunking on nationwide 
interoperability spectrum. After considering the advantages and 
disadvantages of requiring the use of trunking on the interoperability 
channels, the NCC recommends that the Commission not mandate trunking. 
Accordingly, the Commission proposes to allow trunking only on ten of 
the interoperability channel sets on a strict secondary basis. 
Additionally, the Commission proposes the discontinuance of trunked 
operation whenever any channel sets are needed for interoperability 
communications or whenever a trunked system interferes with any 
interoperability communication, e.g., communications conducted on a 
unit-to-unit basis or using conventional repeaters. The Commission 
invites comment on these proposals.
    3. Additionally, the Commission seeks comment on accommodating 25 
kHz operations on the interoperability channels. Specifically, the 
Commission requests comment on allocating the temporary guard channels 
pursuant to the NCC's recommendations. The options for allocating the 
temporary guard channels include: (a) Moving the interoperability 
channels so that they are adjacent to each other, thereby eliminating 
the need for temporary guard channels, or (b) designating those 
channels immediately where trunking is permitted for interoperability 
use, thus permitting the aggregation of 25 kHz bandwidths on some 
interoperability channels, or (c) allocating all of the channels for 
interoperability use, thereby doubling the total number of 
interoperability channels.
    4. The Commission solicits comment, pursuant to the NCC's 
recommendation, on the states administering the interoperability 
channels with oversight of the interoperability infrastructure by the 
Regional Planning Committees (RPCs). In addition, the Commission 
requests comment on (a) the formation of State Interoperability 
Executive Committees (SIECs) to handle the administration of 
interoperability channels for the states; (b) Commission licensing of 
``subscriber equipment'' (mobile and portable units) operating on 
interoperability channels; and (c) the adoption of standardized 
templates for Memoranda of Understanding between SIECs and sharing 
agreements between jurisdictions.
    5. The Commission also invites comment on the NCC's recommendations 
concerning channel designations, display labeling and access priority. 
Specifically, the Commission seeks comment on the NCC's proposed table 
and assignments. The proposed table assigns a particular purpose and 
name to each interoperability channel set. The Commission also seeks 
comment on the NCC's proposal that mobile units certificated for use 
under part 90 of the Commission's Rules must be capable of displaying 
interoperability channel labels alphanumerically if the radios are 
equipped with alphanumeric displays. In addition, the Commission seeks 
comment on the NCC's proposed priority access scheme. Furthermore, the 
Commission seeks comment on the NCC's recommendation to designate two 
interoperability channels as calling channels to use as gateways to 
other channels.
    6. In anticipation of the development of spectrum-efficient 
equipment that would require only a 6.25 kHz bandwidth for one voice 
channel, previously, the Commission declined to adopt the Project 25 
Phase I standard. However, since that time, the NCC recommended 
adoption of the Project 25 Phase I standard as the digital voice 
standard for interoperability channels. The Project 25 Phase I standard 
requires a 12.5 kHz bandwidth instead of the spectrum efficient 6.25 
kHz bandwidth. The Commission tentatively concludes that it should 
adopt the NCC's recommendation of the Project 25 Phase I standard at 
this time and that it should develop and implement a ``migration path'' 
to 6.25 kHz technology. The Commission invites comment on the 
appropriate digital voice standard, and an appropriate migration path 
to spectrum efficient 6.25 kHz technology in the future. The Commission 
also declined to include a requirement for narrowband channels that 
transmitters for voice communications in the narrowband segment of the 
700 MHz band meet a spectrum efficiency standard of one voice channel 
per 6.25 kHz of channel bandwidth, regardless of the data rate 
supplied.
    7. The NCC recommends that the Commission adopt the data 
interoperability standard that is incorporated in the Project 25 suite 
of standards and is defined by one ANSI standard and four TIA/EIA 
standards. This data interoperability standard requires the use of a 
12.5 kHz channel. The Commission solicits comment on the appropriate 
standard for narrowband data transmissions on interoperability 
channels.
    8. The NCC recommends that the Commission adopt the latest Federal 
government encryption standard. The Commission requests comment on 
whether it should adopt the current Federal standard, and if so, the 
best method for updating the encryption standard in the future.
    9. With regards to interference standards, the Commission invites 
comment on two related issues. First, the Commission invites comment on 
whether the interests of public safety and commercial licensees in the 
700 MHz band would be served by establishing interference standards for 
receivers operating on public safety frequencies. Second, the 
Commission solicits comment on whether it should mandate receiver 
standards to address interference issues raised by public safety radio 
operators.
    10. The Commission tentatively concludes that two recommendations 
by the NCC are unnecessary. First, the NCC requests sufficient 
flexibility to allow state and local authorities to enter contractual 
agreements with Federal authorities. However, the Commission 
tentatively concludes that an additional rule is not necessary to 
facilitate Federal sharing of the interoperability spectrum. Second, 
the NCC recommends requiring RPCs to use a regional planning ``pre-
coordination database,'' to choose interoperability channels in order 
to avoid co-channel and adjacent channel interference. However, the 
Commission tentatively concludes that it is not necessary to require by 
rule the use of a pre-coordination database The Commission invites 
comment on its tentative conclusions.

Initial Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in this 4thNPRM. Written public 
comments are requested regarding this IRFA. Comments must be identified 
as responses to the IRFA and

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must be filed by the deadlines for comments on the 4thNPRM provided in 
the item. The Commission will send a copy of the 4thNPRM including this 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. In addition, the 4thNPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.

I. Need for, and Objectives of, the Proposed Rules

    12. In the 4thNPRM, we continue our evaluation of rules applicable 
to the use of public safety spectrum in the frequencies at 764-776 MHz 
and 794-806 MHz (the 700 MHz band). Specifically, the 4thNPRM 
summarizes and seeks comment on the recommendations of the NCC 
concerning technical and operational standards for public safety 
interoperability frequencies in the 700 MHz band. We seek comment on a 
number of issues including: Primary and secondary trunking on the 
interoperability channels; establishment and role of RPCs and SIECs; 
administration of the interoperability channels by state or local 
entities; licensing of end-users; standardized display labeling for 
interoperability units; access priority scheme for the interoperability 
channels; designation and use of calling channels; use of encryption on 
the interoperability channels; digital voice standards and efficiency 
standards for the interoperability channels; digital data standards and 
channel reservation for the interoperability channels; federal use of 
the interoperability spectrum; and use of a pre-coordination database 
to assign the interoperability channels. The proposed rules and actions 
should help achieve our goal of seamless interoperability on a 
nationwide basis, thereby improving critical public safety 
communications.

II. Legal Basis

    13. Authority for issuance of this item is contained in sections 1, 
4(i), 7, 301, 302, 303, and 337 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 157, 301, 302, 303, 337.

III. Description and Estimate of the Number of Small Entities to 
Which the Proposed Rules Will Apply

    14. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small business concern'' 
under Section 3 of the Small Business Act. A small business concern is 
one that: (1) Is independently owned and operated, (2) is not dominant 
in its field of operation, and (3) satisfies any additional criteria 
established by the Small Business Administration. Nationwide, as of 
1992, there were approximately 275,801 small organizations. ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.'' As of 1992, there 
were approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or ninety-six percent, have populations of fewer than 50,000. The 
Census Bureau estimates that this ratio is approximately accurate for 
all governmental entities. Thus, of the 85,006 governmental entities, 
we estimate that 81,600 (ninety-one percent) are small entities. Below, 
we further describe and estimate the number of small entity licensees 
and regulatees that may be affected by the proposed rules, if adopted.
    15. Public Safety Radio Pool Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Spectrum in the 700 MHz band for public safety services is 
governed by 47 U.S.C. 337. Non-Federal governmental entities, as well 
as private businesses, are licensees for these services. As indicated 
above, all governmental entities with populations of less than 50,000 
fall within the definition of a small entity. Neither the Commission 
nor the SBA has developed a definition of small businesses directed 
specifically toward public service licensees. Therefore, the applicable 
definition of small business is the definition under the SBA rules 
applicable to radiotelephone (wireless) companies. This provides that a 
small business is a radiotelephone company employing no more than 1,500 
persons. According to the Bureau of the Census, only twelve 
radiotelephone firms from a total of 1,178 such firms which operated 
during 1992 had 1,000 or more employees. Therefore, even if all twelve 
of these firms were public safety licensees, nearly all would be small 
businesses under the SBA's definition, if independently owned and 
operated.
    16. Radio and Television Equipment Manufacturers. We anticipate 
that at least six radio equipment manufacturers will be affected by our 
decisions in this proceeding. According to the Small Business 
Administration's regulations, a radio and television broadcasting and 
communications equipment manufacturer must have 750 or fewer employees 
in order to qualify as a small business concern. Census Bureau data 
indicate that there are 858 U.S. firms that manufacture radio and 
television broadcasting and communications equipment, and that 778 of 
these firms have fewer than 750 employees and would therefore be 
classified as small entities. We do not have information that indicates 
how many of the six radio equipment manufacturers associated with this 
proceeding are among these 778 firms. Motorola and Ericsson, however, 
are major, nationwide radio equipment manufacturers, and thus, we 
conclude that they would not qualify as small businesses.

IV. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    17. The 4thNPRM proposes a number of rules and solicits comments 
that will entail reporting, recordkeeping, and/or third-party 
consultation. The Commission believes, however, that these requirements 
are the minimum needed. The licensing methods under consideration in 
the 4thNPRM include the possibility of imposing recordkeeping and 
reporting requirements on applicants for public safety licenses that 
may be required to make submissions to planning committees justifying 
their request for spectrum. These entities will be required to submit 
applications for spectrum licenses on Form 601.
    18. The 4thNPRM also seeks comment on recommendations to MOUs and 
model sharing agreements to govern use of interoperability channels. 
Entities would be responsible for gathering the information necessary 
to complete an MOU or sharing agreement.

V. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    19. The RFA requires an agency to describe any significant 
alternatives that it has considered reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design,

[[Page 51791]]

standards; and (4) an exemption from coverage of the rule, or any part 
thereof, for small entities. 5 U.S.C. 603.
    20. The NCC, comprised of representatives from government, the 
public safety community, and the communications equipment manufacturing 
industry, was chartered by the FCC as a Federal Advisory Committee, 
effective February 25, 1999. The NCC made recommendations concerning 
various issues addressed in this 4thNPRM. We note that in several 
instances, to benefit all entities, including small entities, we did 
not propose a particular recommendation. For instance, see the 
discussion in paragraphs 25-28 and 60-62, in the 4thNPRM.
    21. In formulating the proposals in the 4thNPRM, we have reduced 
economic burdens wherever possible. The regulatory burdens that we have 
proposed are necessary to ensure that the public receives the pubic 
safety benefits of innovative new services in a prompt and efficient 
manner. For example, we have proposed technical and operational rules 
that should promote competition in the equipment market. We believe 
that the rules we adopt must be as competitively and technologically 
neutral as possible, in order to allow for competing equipment designs 
and to avoid hindering future innovative technological developments. We 
note that tighter technical specifications generally allow more intense 
spectrum use, but may result in higher equipment costs. Conversely, 
although wider tolerances may allow manufacturers to use less costly 
component parts in transmitting equipment, they also may result in less 
efficient spectrum use. With these considerations in mind, we believe 
that the technical regulations we propose herein provide a reasonable 
balance of these concerns.
    22. Under the regional planning process, frequency coordination is 
competitive. Frequency coordination is the process by which a private 
organization recommends to the Commission the most appropriate 
frequencies for private land mobile radio service applicants. Frequency 
coordinators provide a valuable service to the Commission by 
eliminating common application errors, thereby improving the quality of 
the applications and resolving potential interference problems at the 
source. We continue to believe that the encouragement of competition 
among coordinators promotes cost-based pricing of coordination services 
and provides incentives for enhancing service quality. Therefore, we 
will continue to allow any of the certified public safety coordinators 
to provide coordination in the 700 MHz band.
    23. Recognizing the budgetary constraints that public safety 
entities face as a matter of course, we have proposed rules that 
encourage broad-based efforts, such as projects on the state and 
regional level, to coordinate and consolidate operations that are 
critical to meeting the needs of public safety with cost effective, 
spectrally-efficient radio systems. For example, we have proposed 
trunking on certain public safety channels in the 700 MHz band. Trunked 
systems would provide service to many governmental entities in a 
specific geographic area and offer a higher degree of efficiency than 
some smaller, non-trunked systems. A difficulty in establishing these 
types of shared systems is that they require individual agencies to 
surrender some autonomy in return for the efficiencies and better 
coverage of a larger system. In addition, the funding required to 
develop the infrastructure necessary to support some of the newer 
technologies is often too great to permit small public safety agencies 
to participate in new, sophisticated, spectrum efficient, wireless 
radio systems. These same agencies, however, might be able to 
participate in a county-wide or state-wide system. For these, and 
other, reasons, we encourage the use of shared systems in the public 
safety community.
    24. We believe that flexible licensing policies are necessary to 
encourage the use of the most spectrally efficient technology to meet 
user-defined needs. Recognizing the budgetary constraints that small 
public safety entities face, the 4thNPRM seeks comment on a variety of 
proposals regarding the interoperability spectrum in the 700 MHz public 
safety band. Any significant alternatives presented in comments will be 
considered.

VI. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    25. None.

List of Subjects in 47 CFR Part 90

    Advisory committees, Communications equipment, Radio.

    Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    1. The authority citation for Part 90 is revised to read as 
follows:

    Authority: Secs. 4, 251-52, 303, 309, 332 and 337 of the 
Communications Act of 1934, 48 Stat. 1066, 1082, as amended, 47 
U.S.C. 154, 251-52, 303, 309, 332 and 337, unless otherwise noted.

    2. A new Sec. 90.524 is added to read as follows:


Sec. 90.524  Administration of interoperability channels.

    (a) States are responsible for administration of the 
interoperability channels in the 764-776 MHz and 794-806 MHz frequency 
bands. Base and control stations must be licensed individually. A 
public safety entity may operate mobile or portable units on the 
interoperability channels in the 764-776 MHz and 794-806 MHz frequency 
bands without an individual license if: the entity is eligible to hold 
a license in the 764-776 MHz and 794-806 MHz frequency bands; or the 
entity otherwise is licensed under part 90 of these Rules. All persons 
operating mobile or portable units are responsible for compliance with 
part 90 of these Rules and other applicable federal laws.
    (b) License applications for interoperability channels in the 764-
776 MHz and 794-806 MHz frequency bands must be approved by a state-
level agency or organization responsible for administering state 
emergency communications. States may hold the licenses for 
interoperability channels or approve other qualified entities to hold 
such licenses. States may delegate the approval process for 
interoperability channels to another entity, such as regional planning 
committees.
    3. Section 90.531 is amended by adding paragraphs (b)(1)(i) through 
(b)(1)(iv) to read as follows:


Sec. 90.531  Band plan.

* * * * *
    (b) * * *
    (1) * * *
    (i) Primary narrowband interoperability channels. The following 
channels are designated as primary narrowband interoperability 
channels. [Note: channels dependent upon guard band decision].
    (ii) Narrowband data interoperability channels. The following 
channels are dedicated for the express purpose of nationwide data 
transmission only. [Note: channels dependent upon guard band decision].
    (iii) Narrowband calling interoperability channels. The following 
channels are dedicated for the express

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purpose of nationwide interoperability calling only [Note: channels 
dependent upon guard band decision]. Trunking and encryption are 
prohibited on the two designated calling channel sets.
    (iv) Narrowband trunking interoperability channels. The following 
channels are available for nationwide interoperability trunking 
purposes. [Note: channels dependent upon guard band decision].
* * * * *
    4. Section 90.537 is revised to read as follows:


Sec. 90.537  Trunking requirement.

    (a) General use channels. All systems using six or more narrowband 
channels in the 764-776 MHz and 794-806 MHz frequency bands must be 
trunked systems, except for those described in paragraph (b) of this 
section.
    (b) Interoperability channels. Trunking is permitted on ten of the 
channels designated for nationwide interoperability use, as designated 
in Sec. 90.531(b)(1)(iv). The following requirements apply to 
interoperability channels where trunking is permitted, but not 
required: Trunked use must be conducted on a strict secondary, non-
interference basis; 6.25 kHz, 12.5 kHz, and 25 kHz trunked operations 
are permitted; and routine (day-to-day) communications are permitted if 
the channel(s) are not needed for emergency communications. Trunking is 
prohibited on the remainder of the interoperability channels, including 
any channels reserved as calling channels, because such channels are 
reserved for conventional operations.
    5. Section 90.547 is revised to read as follows:


Sec. 90.547  Interoperability channel capability requirement.

    (a) Mobile and portable transmitters designed pursuant to standards 
adopted by the National Coordination Committee to operate in the 764-
776 MHz and 794-806 MHz frequency bands must be capable of operating on 
any of the designated nationwide narrowband interoperability channels, 
approved by the Commission. Subscriber units designed for data-only 
applications are not required to have voice capability. Subscriber 
units designed for voice-only applications are not required to have 
data transmission capability.
    (b) Transmitters operating on those narrowband channels in the 764-
776 and 794-806 MHz band designated for interoperability (See 
Sec. 90.531 shall conform to the following technical standards):
    (1) Transmitters designed for voice operation within a 12.5 kHz or 
6.25 kHz bandwidth shall conform to the following standards: ANSI/TIA/
EIA102.BAAA-1 (common air interface); ANSI/TIA/EIA102.BABA (vocoder).
    (2) Transmitters designed for data transmission within a 12.5 kHz 
or 6.25 kHz bandwidth shall conform to the following standards, as 
applicable: ANSI/TIA/EIA 102.BAEA (data overview); ANSI/TIA/EIA 
102.BAEB (packet data specification); ANSI/TIA/EIA102.BAEC (circuit 
data description); ANSI/TIA/EIA 102.BAEA (radio control protocol); and 
ANSI/TIA/EIA 102.BABA (vocoder).
    (c) Copies of the standards listed in this Sec. 90.547 that are 
incorporated by reference can be purchased from the American National 
Standards Institute, Washington, DC Headquarters, 1819 L Street, NW., 
6th Floor, Washington, DC 20036.
    (d) Copies of the standards listed in this Sec. 90.547 that are 
incorporated by reference may be inspected at the Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 
(Reference Information Center) or at the Office of the Federal 
Register, 800 North Capitol Street, NW, Suite 700, Washington.

[FR Doc. 00-21579 Filed 8-24-00; 8:45 am]
BILLING CODE 6712-01-P