[Federal Register Volume 65, Number 180 (Friday, September 15, 2000)]
[Proposed Rules]
[Pages 55931-55933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23587]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 90

[WT Docket No. 98-182; RM-9222; PR Docket No. 92-235; FCC 00-235]


1998 Biennial Regulatory Review--Private Land Mobile Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has adopted a Further Notice of Proposed Rule 
Making, (FNPRM) which seeks comment on whether certain rule changes 
would be in the public interest. Specifically, the Commission seeks 
comment on whether it should modify the eligibility criteria to operate 
in the Public Safety Pool for parks and schools; the eligibility 
criteria for highway maintenance frequencies; and the power limits for 
certain dockside channels.

DATES: Interested parties may file comments on or before November 14, 
2000 and reply comments on or before December 14, 2000.

FOR FURTHER INFORMATION CONTACT: Guy Benson (202) 418-2946 
[email protected]> or Ghassen Khalek (202) 418-2771 [email protected]>, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, or Les Smith, AMD-PERM, Office of Managing 
Director at (202) 418-0217.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's FNPRM 
in the Report and Order and FNPRM, FCC 00-235 in WT Docket No. 98-182 
and PR Docket No. 92-235, adopted on June 28, 2000 and released on July 
12, 2000. The full text of this FNPRM is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
CY-A257, 445 12th Street, SW., Washington, DC. The complete text may be 
purchased from the Commission's copy contractor, International 
Transcription Service, Inc., 1231 20th Street, NW., Washington, DC. 
20037. The full text 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 Proposed Rule

    1. The Commission initiated the instant proceeding in conjunction 
with the Commission's 1998 biennial regulatory review under Section 11 
of the Communications Act of 1934, 47 U.S.C. 161. Section 11 requires 
us to review all our regulations applicable to providers of 
telecommunications service and determine whether any rule is no longer 
in the public interest as a result of meaningful economic competition 
between providers of telecommunications service, and whether such 
regulations should be deleted or modified. As part of the biennial 
review of regulations required under section 11, however, the 
Commission has reviewed all of its regulations relating to 
administering wireless services, not just those pertaining to providers 
of a telecommunications service, to determine which regulations can be 
streamlined or eliminated. The Commission concluded in the FNPRM that 
it was in the public interest to continue to streamline the part 90 
Rules and to reduce regulatory requirements on licensees.
    2. First, the Commission proposes to eliminate the restriction 
found in 47 CFR 90.20(a)(1)(i) that excludes school districts and 
authorities and park districts and authorities from eligibility in the 
Public Safety Pool. The Commission believes that there are sufficient 
frequencies available in the Public Safety Pool to accommodate school 
and park districts. Because school districts and authorities will be 
eligible to hold authorizations in the Public Safety Pool with this 
change, the Commission also proposes to eliminate their eligibility for 
the Industrial/Business Pool.
    3. Second, the Commission proposes to eliminate the restriction 
found in 47 CFR 90.20(43), reserving certain public safety frequencies 
for non-State highway maintenance use. The proposal allows any public 
safety user to share these frequencies. The intended result is more 
efficient use of the spectrum.
    4. Finally, the Commission seeks comment on the American Automobile 
Association's (AAA) proposal that the Commission assign eight of the 
thirty dockside frequencies to the Emergency Road Service. AAA also 
proposes to act as the sole frequency coordinator on those channels and 
asks that the 2-watt power limitations for these frequencies be 
eliminated. The Commission seeks comment on all of these proposals.

Initial Regulatory Flexibility Analysis

    5. As required by section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the expected impact on small entities of 
the policies and rules proposed in the FNPRM. Written public comments 
are requested on the IRFA. Comments must be identified as responses to 
the IRFA

[[Page 55932]]

and must be filed by the deadlines for comments on this FNPRM.

Reason for, and Objectives of, the FNPRM

    6. The purpose of this item is to determine whether it is in the 
public interest, convenience, and necessity to amend our rules to 
eliminate certain restrictions on the use of frequencies in the Public 
Safety Pool. These proposals include: (1) Deleting the restrictions in 
47 CFR 90.20 that exclude school districts and authorities and park 
districts and authorities from Public Safety Pool eligibility; (2) 
eliminate the restrictions in 47 CFR 90.20(43) that limit eligibility 
for certain Public Safety Pool frequencies to non-State highway 
maintenance systems; and (3) seeking comment on AAA's proposal that we 
assign eight of twenty-two dockside frequencies for Emergency Road 
Service, designate AAA as the sole frequency coordinator for those 
frequencies, and eliminate the current 2-watt power restriction for 
those frequencies.
    7. These proposed rules and actions will give park districts and 
authorities, school districts and authorities, and other public safety 
users access to spectrum needed for important communications functions, 
and will result in more efficient use of the spectrum.

Legal Basis

    8. Authority for the proposed rules included in this issuance of 
this FNPRM is contained in sections 4(i), 303(r), and 332(a)(2) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), and 
332(a)(2).

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

    9. 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 which: (1) Is independently owned and operated; (2) is not dominant 
in its field of operation; and (3) satisfies any additional criteria 
established by the SBA.

Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    10. Reporting, recordkeeping, and compliance requirements under 
these proposed rules are nominal. No new reporting, recordkeeping, or 
other compliance requirements would be imposed on applicants or 
licensees as a result of the actions proposed in this rule making 
proceeding.

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

    11. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (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, standards; and (4) an 
exemption from coverage of the rule or any part thereof for small 
entities.
    12. Regarding our proposal to delete the exclusion of park 
districts and authorities and school districts and authorities from the 
Public Safety Pool channels, see paras. 43-46, supra, there should be 
no significant adverse impact on small entities. An alternative to this 
proposal would be to do nothing, which would be unsatisfactory because 
it would leave the parks without any possibility of operating radio 
stations for the transmission of communications essential to their 
official activities.
    13. Finally, we seek comment on how the changes proposed in the 
FNPRM will effect small entities.

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

    14. None.

Report to Congress

    The Commission will send a copy of the FNPRM including this FRFA, 
in a report to be sent to Congress pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. In addition, the 
Commission will send a copy of the FNPRM, including FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the FNPRM and FRFA (or summaries thereof) will also be published in the 
Federal Register.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio

Federal Communications Comission.
Magalie Roman Salas,
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 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).

    2. Section 90.20 is amended by removing and reserving paragraph 
(d)(43) and revising paragraph (a)(1)(i) and the entries for 156.165 
MHz, 156.1725 MHz, 156.180 MHz, 156.1875 MHz, 156.195 MHz, 156.2025 
MHz, 156.225 MHz, 156.2325 MHz, 156.240 MHz, 158.985 MHz, 158.9925 MHz, 
159.000 MHz, 159.0075 MHz, 159.015 MHz, 159.0225 MHz, 159.045 MHz, 
159.0525 MHz, 159.060 MHz, 159.0675 MHz, 159.075 MHz, 159.0825 MHz, 
159.105 MHz, 159.1125 MHz, 159.120 MHz, 159.1275 MHz, 159.135 MHz, 
159.1425 MHz, 159.165 MHz, and 159.1725 MHz of paragraph (c)(3) to read 
as follows:


Sec. 90.20  Public Safety Pool.

    (a) * * *
    (a) * * *
    (i) A district and an authority;
* * * * *
    (c) * * *
    (3) * * *

[[Page 55933]]



                                       Public Safety Pool Frequency Table
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                                        Class of
        Frequency or band             stations(s)          Limitations         Coordinator
---------------------------------------------------------------------------------------------
Megahertz:
 
*                  *                  *                  *                  *                  *
                                                        *
    156.165.....................  Base or Mobile.....  42................  PH
    156.1725....................  ......do...........  27, 42............  PH
    156.180.....................  ......do...........  42................  PH
    156.1875....................  ......do...........  27, 42............  PH
    156.195.....................  ......do...........  ..................  PH
    156.2025....................  ......do...........  27................  PH
 
*                  *                  *                  *                  *                  *
                                                        *
    156.225.....................  ......do...........  ..................  PH
    156.2325....................  ......do...........  27................  PH
    156.240.....................  ......do...........  79................  PH
 
*                  *                  *                  *                  *                  *
                                                        *
    158.985.....................  [Mobile]...........  ..................  PH
    158.9925....................  ......do...........  27................  PH
    159.000.....................  ......do...........  ..................  PH
     159.0075...................  ......do...........  27................  PH
    159.015.....................  ......do...........  ..................  PH
    159.0225....................  ......do...........  27................  PH
 
*                  *                  *                  *                  *                  *
                                                        *
    159.045.....................  ......do...........  ..................  PH
    159.0525....................  ......do...........  27................  PH
    159.060.....................  ......do...........  ..................  PH
    159.0675....................  ......do...........  27................  PH
    159.075.....................  ......do...........  ..................  PH
    156.0825....................  ......do...........  27................  PH
 
*                  *                  *                  *                  *                  *
                                                        *
    159.105.....................  [Base or Mobile]...  ..................  PH
    159.1125....................  ......do...........  27................  PH
    159.120.....................  ......do...........  ..................  PH
    159.1275....................  ......do...........  27................  PH
    159.135.....................  ......do...........  ..................  PH
    159.1425....................  ......do...........  27................  PH
 
*                  *                  *                  *                  *                  *
                                                        *
    159.165.....................  ......do...........  ..................  PH
    159.1725....................  ......do...........  27................  PH
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) * * *
    (43) [Reserved]
* * * * *


Sec. 90.242  [Amended]

    3. Section 90.242 is amended by removing paragraph (a)(1) and 
redesignating paragraphs (a)(2) through (a)(7) as (a)(1) though (a)(6).

[FR Doc. 00-23587 Filed 9-14-00; 8:45 am]
BILLING CODE 6712-01-P