[Federal Register Volume 66, Number 219 (Tuesday, November 13, 2001)]
[Proposed Rules]
[Pages 56793-56794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28413]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 01-278; FCC 01-290]


Part 15 Biennial Review

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; denial.

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SUMMARY: This document responds to a petition filed by National 
Association for Amateur Radio (ARRL). The petition requested that the 
Commission modify its rules that have or may have a significant 
economic impact on a substantial number of small entities. The 
Commission believes that these rules are sufficient to protect against 
harmful interference to authorized radio services and that additional 
advisory language in the Commission's rules is unnecessary. The ARRL 
petition is denied.

FOR FURTHER INFORMATION CONTACT: Hugh Van Tuyl, Office of Engineering 
and Technology, (202) 418-7506.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
ET Docket No. 01-278, FCC 01-290, adopted October 2, 2001, and released 
October 15, 2001. The full text of this Commission decision is 
available on the Commission's Internet site at www.fcc.gov. It is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Room CY-A257, 445 12th Street, 
SW., Washington, DC, and also may be purchased from the Commission's 
duplication contractor, Qualex International, (202) 863-2893, Room CY-
B402, 445 12th Street, SW., Washington, DC 20554.

Summary of the Order

    1. In this Order, we deny a petition filed by the National 
Association for Amateur Radio (ARRL). The Regulatory Flexibility Act 
requires federal agencies to conduct periodic reviews of rules that 
have or might have a significant economic impact on a substantial 
number of small entities. Pursuant to section 610 of the Regulatory 
Flexibility Act, agencies must publish a list of such rules in the 
Federal Register and invite public comment on the rules. The Commission 
released a Public Notice on September 24, 1999 identifying rules for 
possible modification or elimination under the Regulatory Flexibility 
Act. See Public Notice FCC Seeks Comment Regarding Possible Revision or 
Elimination of Rules under the Regulatory Flexibility Act, 5 U.S.C. 
610, Mimeo 95371, 64 FR 55671, October 14, 1999.
    2. In response to this public notice, ARRL requested that the 
Commission modify Sec. 15.17 of the rules. Section 15.17 of the rules 
provides a warning to manufacturers that they should consider the 
proximity and high power of both government and non-government 
operations when selecting operating frequencies.
    3. In reviewing rules for modification or elimination under the 
Regulatory Flexibility Act, the Commission considers the following 
factors: ``(1) the

[[Page 56794]]

continued need for the rule, (2) the nature of complaints or comments 
received concerning the rule from the public, (3) the complexity of the 
rule, (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other Federal rules, and, to the extent feasible, with 
State and local governmental rules; and (5) the length of time since 
the rule has been evaluated or the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule.''
    4. Section 15.17 was originally adopted in 1989, and has not been 
modified since that time. This is a simple rule enacted to alert 
manufacturers to the possibility that high-power radio services could 
cause interference to devices operating under part 15 of the rules. 
Since that time, the number of manufacturers and the number of part 15 
devices have increased. Because this rule is merely advisory, there is 
no compliance burden on manufacturers and there is no conflict or 
overlap between this rule and other federal state or local 
requirements.
    5. ARRL believes that the rule continues to be necessary because it 
alerts manufacturers of radio frequency devices of possible 
electromagnetic compatibility issues prior to obtaining an equipment 
authorization. However, ARRL believes that the rule addresses only half 
of the cautionary information to manufacturers, and that the rule 
should also caution manufacturers to avoid specification of operating 
frequencies for their devices that could result in interference to 
sensitive radio services. It states that this change could avoid the 
need for and cost of after-market interference resolution.
    6. We continue to believe that this rule provides noteworthy 
guidance to manufacturers on the possibility of receiving interference. 
ARRL acknowledges the increasing importance of the rule; and, while we 
are sympathetic to ARRL's suggestion, we believe that the matter raised 
is already adequately covered in the rules. For example, part 15 
contains limits that are designed to minimize the risk of interference 
caused to all authorized radio services. Further, part 15 equipment is 
required to operate on a non-interference basis, and users of such 
equipment must cease operation in the event that interference occurs. 
We believe that these rules are sufficient to protect against harmful 
interference to authorized radio services and that additional advisory 
language in Sec. 15.17 is unnecessary. Therefore, the ARRL request to 
modify section 15.17 is denied.
    7. The petition filed by the The National Association for Amateur 
Radio is denied.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-28413 Filed 11-9-01; 8:45 am]
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