[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Notices]
[Pages 18448-18449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8672]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket No. 010327080-1080-01]

RIN 0660-XX12


Request for Comment on Energy, Water and Railroad Service 
Providers' Spectrum Use Study

AGENCY: National Telecommunications and Information Administration, 
Commerce.

ACTION: Notice, request for comments.

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SUMMARY: Public Law 106-553, making appropriated funds available to the 
Departments of Commerce, Justice, and State, the Judiciary, and related 
agencies for fiscal year 2001, contained a provision directing the 
National Telecommunications and Information Administration (NTIA) to 
submit to Congress a study of the current and future use of spectrum by 
providers of energy, water and railroad services to protect and 
maintain the nation's critical infrastructure.\1\ Therefore, NTIA is 
conducting an investigation of current and future use of radio 
frequency spectrum in the United States by providers of energy, water 
and railroad services, and how current and emerging technology trends 
affect use of the radio spectrum. By this notice and request for 
comments, NTIA is soliciting the views of the industry and the public 
on these issues.
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    \1\ See Federal Funding, Fiscal Year 2001, Public Law 106-553, 
114 Stat. 2762, 2762A-174 (2000).

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DATES: Comments must be received on or before June 8, 2001.

ADDRESSES: The Department invites the public to submit written comments 
in paper or electronic form. Comments may be mailed to Jeng Mao, Public 
Safety Program, National Telecommunications and Information 
Administration, U.S. Department of Commerce, Room 4624, 14th and 
Constitution Avenue, NW., Washington, DC 20230. Paper submissions 
should include an electronic version on diskette in ASCII, WordPerfect 
(please specify version) or Microsoft Word (please specify version) 
format.
    In the alternative, comments may be submitted in electronic form to 
the following electronic mail address: [email protected]>.

FOR FURTHER INFORMATION CONTACT: Jeng Mao, (202) 501-0342, 
[email protected], or Marshall Ross, (202) 482-1222, 
[email protected], Public Safety Program, NTIA.

SUPPLEMENTARY INFORMATION:

Background

    Energy, water and railroad services are primary components of the 
nation's critical infrastructure. Processing voice and data information 
via wireless radio systems is an efficient way to supervise, control 
and monitor these utilities on a daily basis. It is also an efficient 
means of communications during situations requiring emergency response. 
Without adequate radio spectrum, providers of energy, water and 
railroad services would be unable to address major service 
interruptions due to natural disaster, equipment malfunctions or in 
some cases, terrorist activities. Wireless telecommunications are 
frequently used by utilities to monitor power transmission lines, water 
pumps and also to send commands to various remote control switches. In 
addition, some utilities must comply with State statutes requiring them 
to respond to service interruptions within a specified time period. 
Interruption of these services could disrupt emergency response efforts 
and impede law enforcement activities. Furthermore, lack of 
interoperability can be a major hindrance to mission-critical public 
safety communications. Multi-jurisdictional coordination between 
Federal and non-federal entities during crisis situations can be 
severely impacted because of inadequate radio spectrum.
    NTIA is the President's principal adviser on telecommunications and 
information policy and manages the Federal Government's use of radio 
spectrum.\2\ The Federal Communications Commission (FCC), an 
independent agency established by the Communications Act of 1934, 
manages the use of radio spectrum by state and local governments and 
the private sector, including the energy, water and railroad 
industries.\3\ Public Law 106-553, making appropriated funds available 
to the Departments of Commerce, Justice, and State, the Judiciary, and 
related agencies for fiscal year 2001, contained a provision directing 
the National Telecommunications and Information Administration (NTIA) 
to submit to Congress a study of the current and future use of spectrum 
by providers of

[[Page 18449]]

energy, water and railroad services to protect and maintain the 
nation's critical infrastructure.\4\ The statute also requires the FCC 
Chairman to submit a subsequent report to Congress addressing any needs 
identified in NTIA's study. The statute specifically provides:

    \2\ 47 U.S.C. 902 (2000).
    \3\ For example, see the FCC's proceeding to address the 
requirements of the private land mobile radio community, including 
the energy, water and railroad industries, for more efficient use of 
the radio spectrum below 800 MHz, commonly called the ``Refarming 
Proceeding.'' Documents related to the Refarming Proceeding are 
available on the FCC's web site at http://www.fcc.gov/wtb/plmrs/refarmdocs.html>.
    \4\ Supra, n. 1.
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    [T]he [NTIA] Administrator shall, after consultation with other 
federal departments and agencies responsible for regulating the core 
operations of entities engaged in the provision of energy, water and 
railroad services, complete and submit to Congress, not later than 
twelve months after date of enactment of this subsection, a study of 
the current and future use of spectrum by these entities to protect 
and maintain that nation's critical infrastructure: Provide further, 
That within six months after the release of this study, the Chairman 
of the Federal Communications Commission shall submit a report to 
Congress on the actions that could be taken by the Commission to 
address any needs identified in the Administrator's study.\5\
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    \5\ Id at 2762A-174 to 2762A-175. NTIA is required to submit its 
report to Congress no later than December 21, 2001.
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Questions for Public Comment

    In order to obtain information necessary for NTIA to conduct an 
assessment of current and future spectrum requirements of providers of 
energy, water, and railroad services to protect and maintain the 
nation's critical infrastructure, NTIA seeks public comment on any 
issue of fact, law, or policy that may inform the agency about spectrum 
requirements of these industries taking into account growth, new 
technology, and future applications. Specifically, comments are 
requested on the questions below.
    These questions are designed to assist the public and should not be 
construed as a limitation on the issues on which public comments may be 
submitted. Comments should cite the number of the question(s) being 
addressed. Please provide copies of any studies, research and other 
empirical data referenced in the comments.
    1. How much spectrum is presently available for the energy, water 
and railroad industries?
    2. In which spectrum bands and in which radio services do these 
industries operate radio communications equipment?
    3. What kinds of spectrum-dependent telecommunications equipment 
are currently being used by the energy, water and railroad industries?
    4. Are there non-spectrum dependent alternative technologies or 
commercial services currently available?
    5. What part of the spectrum do the energy, water and railroad 
industries foresee for possible future use? What is the rationale for 
these additional spectrum requirements?
    6. What non-spectrum dependent communications technologies or 
commercial alternatives will be available in the future for the energy, 
water and railroad industries?

Kathy Smith,
Chief Counsel.
[FR Doc. 01-8672 Filed 4-6-01; 8:45 am]
BILLING CODE 3510-60-P