[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Proposed Rules]
[Pages 31598-31600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14802]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[WT Docket No. 01-97; FCC 01-148]


Revision of the Authorized Duty Cycle for Stolen Vehicle Recovery 
Systems (SVRSs)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend a Commission rule in order to 
revise the authorized duty cycle for SVRS operations on 173.075 MHz. 
The rule change was proposed in response to a Petition for Rulemaking 
filed by LoJack Corporation. Specifically, we propose to permit a duty 
cycle for mobile units of 1800 milliseconds every 300 seconds, in 
addition to the current duty cycle of 200 milliseconds every 10 
seconds.

DATES: Comments must be submitted on or before July 16, 2001, and reply 
comments are due on or before July 31, 2001.

ADDRESSES: Federal Communications Commission, 445 12th Street, S.W., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden, Public Safety 
and Private Wireless Division, Wireless Telecommunications Bureau, 
Federal Communications Commission, 445 12th Street, SW., Room 4-C325, 
Washington, DC 20554, telephone (202) 418-0627 or by e-mail to 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 01-148, adopted April 27, 2001, and 
released May 7, 2001. The full text of this Notice of Proposed 
Rulemaking (NPRM) is available for inspection and copying during normal 
business hours in the FCC Reference Center, Room CY-A257, 445 Twelfth 
St., 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 20036, telephone (202) 857-3800, facsimile 
(202) 857-3805. The full text of the NPRM also can be downloaded at: 
http://www.fcc.gov/Bureaus/Wireless/Orders/2001/fcc01148.wp. Alternate 
formats (computer diskette, large print, audio cassette, and Braille) 
are available to persons with disabilities by contacting Brian Millin 
at (202) 418-7426, TTY (202) 418-7365, or at [email protected].

Summary of Notice of Proposed Rulemaking

    1. On December 20, 1999, LoJack Corporation (LoJack) filed a 
Petition for Rulemaking seeking amendment of 47 CFR 90.20(e)(6) to 
revise the authorized duty cycle for SVRS operations on 173.075 MHz. 
LoJack indicates that use of a duty cycle of 1800 milliseconds permits 
the stolen vehicle recovery system to be activated by unauthorized 
movement. The mobile-to-base station ``uplink'' transmissions can be 
used to alert a control center, alert the vehicle owner in order to 
effect a prompt police theft report, and acknowledge base station 
activation and deactivation messages. LoJack submits that the new 
``uplink'' feature obviates the need for repetitive transmissions by 
high-powered base stations, reducing the actual transmitting time on 
the channel by as much as a factor of 100:1. In order to benefit from 
these technological advances, a system must utilize the 1800 
milliseconds cycle in addition to the 200 milliseconds cycle.
    2. We believe the record warrants proposing amendment of 47 CFR 
90.20(e)(6) to reflect current technological advancements that will 
benefit law enforcement and vehicle owners. By expediting the theft 
detection and reporting process, the ``uplink'' technology appears to 
greatly improve the chances for successful vehicle recovery and 
improves tracking efficiency. We invite comment on the merits of the 
proposal, specifically the public interest and public safety benefits 
associated with revising the duty cycle to permit the use of this new 
technology.
    3. We believe that spectrum efficiency is an additional benefit of 
utilizing this new technology for recovering stolen vehicles. The 
``uplink'' feature of the new system would be used to acknowledge base 
station activation and deactivation messages, thereby obviating the 
need for repetitive transmissions by high-powered base stations. 
Although the ``uplink'' transmission will be greater in length then the 
tracking signal, the ``uplink'' transmissions will be fewer in number 
than the tracking signal. Viewing the proposal in its entirety, we 
believe that it would significantly reduce channel occupancy, and 
thereby promote spectrum efficiency. Commenters should address whether 
adoption of the proposal would advance efficient spectrum utilization.
    4. The LoJack system transmits on a frequency of 173.075 MHz with 
an authorized bandwidth of 20 kHz. Therefore, interference to TV 
Channel 7 (174-180 MHz) reception is a concern. The possibility of 
interference to TV Channel 7 is largely determined by power and 
proximity. As such, it is the base station sites rather than the 
transponder units, that are of greater consequence. Nonetheless, 
transmissions by mobile units are restricted in order to reduce the 
impact of any potential interference from mobile units to TV Channel 7 
reception. Instituting the 1800 millisecond duty cycle will not 
significantly increase the number of mobile transmissions. 
Consequently, we tentatively conclude that the possibility of 
interference from mobile units to TV Channel 7 will not significantly 
increase. Conversely, the number of base station transmissions needed 
for a typical stolen vehicle recovery sequence will be greatly reduced. 
Therefore, we tentatively conclude that the proposal will likely reduce 
the possibility of harmful interference to DTV and TV Channel 7 
reception. Nevertheless, we invite commenters to address any concerns 
regarding interference to digital, as well as analog, broadcast 
operations on TV Channel 7.
    5. In addition to proposing to modify the duty cycle rule, we 
invite comment on whether the public interest continues to be served by 
specification of the relevant duty cycles in our Rules. We seek comment 
on whether these concerns continue to merit specifying duty cycles, in 
whole or in part, or whether it is now appropriate to develop a rule 
permitting greater technical flexibility. Would elimination of a 
specified duty cycle for mobiles cause harmful interference to TV 
Channel 7 reception? Would removal of a duty cycle for base stations 
prevent competitive SVRS operations from commencing? In addition, would 
spectrum efficiency be impaired without specified duty cycles?

[[Page 31599]]

Commenters favoring removal of duty cycle limits also should explain 
the possible effect on the sharing of 173.075 MHz by the Federal 
Government, given that this is a shared frequency. Finally, we ask 
interested parties to address the question of what specific benefits 
could accrue from elimination of duty cycles for mobile and base 
transmitters.

Procedural Matters

    6. Ex Parte Rules Presentations. This is a permit-but-disclose 
notice and comment rulemaking proceeding. Ex parte presentations are 
permitted, except during the Sunshine Agenda period, provided they are 
disclosed as provided in the Commission's rules. See generally 47 CFR 
1.1202, 1.1203, 1.1206(a).
    7. Comment Dates. Pursuant to Secs. 1.415 and 1.419 of the 
Commission's Rules, 47 CFR 1.415, 1.419, interested parties may file 
comments on or before July 12, 2001, and reply comments on or before 
July 27, 2001. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS) or by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 
1998).
    8. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form your e-mail address>.'' A sample form and directions will be sent 
in reply.
    9. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appear in the caption of this proceeding, commenters must submit 
two additional copies for each additional docket or rulemaking number. 
All filings must be sent to the Commission's Secretary, Magalie Roman 
Salas, Office of the Secretary, Federal Communications Commission, 445 
12th street, S.W., Room TW-A325, Washington, D.C. 20554.
    10. Paperwork Reduction Analysis. The proposal contained herein has 
been analyzed with respect to the Paperwork Reduction Act of 1980 and 
found to contain no proposed information collection.
    11. Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act (RFA), 5 USC 603, the Commission has 
prepared an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and rules proposed in the Notice of Proposed Rule Making (NPRM). 
Written public comments are requested on this IRFA. These comments must 
be filed in accordance with the same filing deadlines as comments on 
the rest of the NPRM but they must have a separate and distinct heading 
designating them as responses to the IRFA. The Commission will send a 
copy of the NPRM, including the IRFA, to the Chief Counsel for Advocacy 
of the Small Business Administration. See 5 U.S.C. 603(a). In addition, 
the NPRM and IFRA (or summaries thereof) will be published in the 
Federal Register. See id.

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

    In the NPRM, we propose to change the duty cycle for mobile 
transmissions in stolen vehicle recovery systems contained in 47 CFR 
90.20(e)(6) to 1800 milliseconds every three hundred seconds to permit 
use of new technology. Such modification would be in the public 
interest because it would enhance the efficient use of spectrum and 
permit greater efficiency in use of police resources to track and 
recover stolen vehicles and apprehend more individuals involved in such 
activities.

II. Legal Basis

    Authority for issuance of this item is contained in sections 4(i), 
4(j), and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 303(r).

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

    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. See 5 U.S.C. 603(b)(3). 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. See 5 U.S.C. 
601(b)(3). 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. See 5 U.S.C. 632. 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.'' See 5 U.S.C. 601(5).
    This proposal will provide marketing opportunities for radio 
manufacturers, some of which may be small businesses. Beyond this we 
are unable to quantify the potential effects on small entities. We, 
therefore, invite specific comments on this point by interested 
parties.

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

    The NPRM solicits comments that will not entail reporting, 
recordkeeping, and/or third-party consultation.

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

    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 (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, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. 5 U.S.C. 603.
    As an alternative to modification of the subject rule, the 
Commission invited public comment on elimination of that rule, i.e., 
specified duty cycles for mobile and base transmitters.

VI. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rules

    None.

Ordering Clauses

    12. It Is Ordered that, pursuant to sections 4(i), 4(j), and 303(r) 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), and 303(r), Notice Is Hereby Given of proposed amendment to 
Sec. 90.20(e)(6) of the Commission's rules, 47 CFR 90.20(e)(6), as 
described.

[[Page 31600]]

    13. It Is Further Ordered that the Petition for Rulemaking, RM-
9798, submitted by the LoJack Corporation on December 20, 1999 Is 
Granted to the extent indicated herein.
    14. It Is Further Ordered that the Commission's Consumer 
Information Bureau, Reference Information Center, Shall Send a copy of 
this Notice of Proposed Rulemaking, including the Initial Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 90

    Communications equipment, radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Proposed Rules

    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), 
303(g), 303(r), and 332(c)(7).

    2. Section 90.20 is amended by revising paragraph (e)(6) 
introductory text to read as follows:


Sec. 90.20  Public Safety Pool.

* * * * *
    (e) * * *
    (6) The frequency 173.075 MHz is available for stolen vehicle 
recovery systems on a shared basis with the Federal Government. Stolen 
vehicle recovery systems are limited to recovering stolen vehicles and 
are not authorized for general purpose vehicle tracking or monitoring. 
Mobile transmitters operating on this frequency are limited to 2.5 
watts power output and base transmitters are limited to 300 watts ERP. 
F1D and F2D emissions may be used within a maximum authorized 20 kHz 
bandwith. Transmissions from mobiles shall be limited to either 200 
milliseconds every 10 seconds or 1800 milliseconds every 300 seconds, 
except that when a vehicle is being tracked actively, the transmissions 
under either duty cycle may be increased to 200 milliseconds every 
second. Applications for base stations operating on this frequency 
shall require coordination with the Federal Government. Applicants 
shall perform an analysis for each base station located within 169 km 
(105 miles) of a TV channel 7 transmitter of potential interference to 
TV channel 7 viewers. Such stations will be authorized if the applicant 
has limited the interference contour to fewer than 100 residences or if 
the applicant:
* * * * *
[FR Doc. 01-14802 Filed 6-11-01; 8:45 am]
BILLING CODE 6712-01-U