[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Rules and Regulations]
[Pages 61002-61006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24421]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 90

[WT Docket No. 96-86; FCC 02-67]


The Development of Operational, Technical and Spectrum 
Requirements For Meeting Federal, State and Local Public Safety Agency 
Communication Requirements Through the Year 2010

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission finalizes various technical 
and operational rules and policies regarding use of public safety 
frequencies in the 764-776 MHz and 794-806 MHz bands designated for 
narrowband Interoperability uses. (``Interoperability'' is used here to 
mean an essential communications link within public safety and public 
service wireless communications systems which permits units from two or 
more different entities to interact with one another and to exchange 
information according to a prescribed method in order to achieve 
predictable results.) This action follows the recommendation of the 
Public Safety National Coordination Committee (NCC). Also, in this 
document the Commission addresses petitions for reconsideration or 
clarification of the Fourth Report and Order. Finally the Commission 
considers on its own motion several matters prompted by these petitions 
and other filings. These Commission actions will facilitate public 
safety Interoperability capabilities in the 700 MHz Band.

DATES: This rule is effective October 28, 2002. The incorporation by 
reference of certain publications listed in the regulations is approved 
by the Director of the Federal Register as of October 28, 2002.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden (202) 418-1428.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Fourth Memorandum Opinion and Order, FCC 
02-67, adopted on March 5, 2002, and released on March 14, 2002, as 
corrected by Erratum, DA 02-902 (rel. April 19, 2002), and Second 
Erratum, DA-02-2297 (rel. September 20, 2002). The full text of this 
Fourth Memorandum Opinion and Order is available for inspection and 
copying during normal business hours in the FCC Reference Center, Room 
CY-A257, 445 12th Street, SW., Washington, DC 20554. The complete text 
with the summarized band plan chart may be purchased from the 
Commission's copy contractor, Qualex International, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. The full text may also be 
downloaded at: www.fcc.gov. Alternative formats are available to 
persons with disabilities by contacting Brian Millin at (202) 418-7426 
or TTY (202) 418-7365.
    1. We have carefully considered the issues presented on 
reconsideration of the Fourth Report and Order, 66 FR 10632, February 
16, 2001. We agree with petitioners that ``secondary trunking 
channels'' ought to be evenly distributed among all four former TV 
channels 63, 64, 68, and 69, but decline to designate 6.25 kHz 
bandwidth ``guard channels,'' immediately above and below each 
narrowband Interoperability channel set (12.5 kHz bandwidth). Because 
the proposed pre-coordination database is not yet operational, we 
believe it premature, at this time, to mandate that public safety 
entities use such a database as a condition of licensing in the 700 MHz 
public safety band. In addition, we continue to believe that states and 
local jurisdictions are in the best position to determine access 
priority levels, and thus we refrain from establishing nationwide, 
codified priority levels in the 700 MHz public safety band. Likewise, 
we affirm our decision not to adopt a table of Interoperability channel 
assignments for nationwide use. Finally, we believe that adoption of 
Project 25 Phase I as the digital voice standard for

[[Page 61003]]

the 700 MHz public safety band Interoperability channels will allow for 
early entry into that spectrum by public safety entities located in 
areas presently unencumbered by television stations operating on TV 
channels 63, 64, 68, and 69; thus we do not believe a transition period 
is necessary before the standard becomes mandatory.

I. Procedural Matters

A. Regulatory Flexibility Act

    2. Paragraph four contains a Supplemental Final Regulatory 
Flexibility Analysis (SFRFA) with respect to the Fourth Memorandum 
Opinion and Order. As required by the Regulatory Flexibility Act, the 
Commission has prepared the analysis of the possible impact on small 
entities of the rules set forth in this document. The Commission's 
Consumer Information Bureau, Reference Information Center, will send a 
copy of this Fourth Memorandum Opinion and Order, including the SFRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration, 
in accordance with the Regulatory Flexibility Act.

B. Paperwork Reduction Act

    3. This Fourth Memorandum Opinion and Order does not contain any 
new or modified information collection. Therefore, it is not subject to 
the requirements for a paperwork reduction analysis, and the Commission 
has not performed one.

II. Supplemental Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Fourth Notice of Proposed Rule Making, 65 FR 
51788, August 25, 2000, of this proceeding. The Commission sought 
written public comment on the proposals in the Fourth Notice of 
Proposed Rule Making, including comment on the IRFA. A Final Regulatory 
Flexibility Analysis (FRFA) was incorporated into the Fourth Report and 
Order. The present Supplemental Final Regulatory Flexibility Analysis 
(SFRFA) conforms to the RFA.

A. Need for, and Objectives of, the Fourth Memorandum Opinion and Order

    5. Our objective is to promote the early and efficient use of 
public safety spectrum in the frequencies at 764-776 MHz and 794-806 
MHz (the 700 MHz band). Specifically, this action will: promote 
spectrum efficiency through allowing secondary trunking on the 
Interoperability channels; promote efficient administration of the 
Interoperability channels by state or local entities; permit encryption 
on the Interoperability channels; and establish digital voice standards 
and efficiency standards for the Interoperability channels.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    6. No comments were submitted in response to the IRFA.

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

    7. 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 generally defines 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as ``small business concern'' under 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 operations; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field. 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.
    8. 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. All governmental 
entities with populations of less than 50,000 fall within the 
definition of a small entity.
    9. 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 SBA'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. However, Motorola and Ericsson, two of the six 
manufacturers, are major, nationwide radio equipment manufacturers, 
and, thus, we conclude that these manufacturers would not qualify as 
small businesses.
    10. Television Stations. This proceeding will affect full service 
TV station licensees (Channels 60-69), TV translator facilities, and 
low power TV (LPTV) stations. The SBA defines a TV broadcasting station 
that has no more than $10.5 million in annual receipts as a ``small 
business.'' TV broadcasting stations consist of establishments 
primarily engaged in broadcasting visual programs by TV to the public, 
except cable and other pay TV services. Included in this industry are 
commercial, religious, educational, and other TV stations. Also 
included are establishments primarily engaged in TV broadcasting and 
which produce taped TV program materials. Separate establishments 
primarily engaged in producing taped TV program materials are 
classified under another NAICS Code.
    11. There were 1,509 TV stations operating in the United States in 
1992. That number has remained fairly constant as indicated by the 
approximately 1,551 operating TV broadcasting stations in the United 
States as of February 28, 1997. For 1992 the number of TV stations that 
produced less than $10.0 million in revenue was 1,155 establishments, 
or approximately 77 percent of the 1,509 establishments. There are 
currently 95 full service analog TV stations, either operating or with 
approved construction permits on channels 60-69. In the DTV Proceeding, 
we adopted a DTV Table that provides only 15 allotments for DTV 
stations on

[[Page 61004]]

channels 60-69 in the continental United States. There are seven DTV 
allotments in channels 60-69 outside the continental United States. 
Thus, the rules will affect approximately 117 TV stations; 
approximately 90 of those stations may be considered small businesses. 
These estimates may overstate the number of small entities since the 
revenue figures on which they are based do not include or aggregate 
revenues from non-TV affiliated companies. We recognize that the rules 
may also impact minority-owned and women-owned stations, some of which 
may be small entities. In 2000, minorities owned and controlled 23 (1.9 
percent) of 1,288 full power commercial TV stations in the United 
States. According to the U.S. Bureau of the Census, in 1987 women owned 
and controlled 27 (1.9 percent) of 1,342 commercial and non-commercial 
TV stations in the United States.
    12. There are currently 4,977 TV translator stations and 1,952 LPTV 
stations. Approximately 1,309 low power TV and TV translator stations 
are on channels 60-69 which could be affected by policies in this 
proceeding. The Commission does not collect financial information of 
any broadcast facility and the Department of Commerce does not collect 
financial information on these broadcast facilities. We will assume for 
present purposes, however, that most of these broadcast facilities, 
including LPTV stations, could be classified as small businesses. As 
indicated earlier, approximately 77 percent of TV stations are 
designated under this analysis as potentially small businesses. Given 
this, LPTV and TV translator stations would not likely have revenues 
that exceed the SBA maximum to be designated as small businesses.

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

    13. The Fourth Memorandum Opinion and Order does not adopt rules 
that will entail reporting, recordkeeping, and/or third-party 
consultation.

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

    14. 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.
    15. 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 the Fourth Notice of Proposed Rulemaking. 
We note that in several instances, to benefit all entities, including 
small entities, we did not propose a particular recommendation.
    16. In formulating the rules in the Fourth Memorandum Opinion and 
Order, we reduced economic burdens wherever possible. The regulatory 
burdens that we have adopted are necessary to ensure that the public 
receives the public safety benefits of innovative new services in a 
prompt and efficient manner. For example, we have adopted technical and 
operational rules that will promote competition in the equipment 
market. We believe that the rules 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 adopt herein provide a reasonable balance of these 
concerns.
    17. 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.
    18. Recognizing the budgetary constraints that public safety 
entities face as a matter of course, we have adopted 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 adopted 
permissive trunking on certain public safety channels in the 700 MHz 
band. Trunked systems 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.
    19. Report to Congress: The Commission will send a copy of the 
Fourth Memorandum Opinion and Order, including this SFRFA, in a report 
to be sent to Congress pursuant to the SBREFA, see 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of the 
Fourth Memorandum Opinion and Order to the Chief Counsel for Advocacy 
of the Small Business Administration. In addition, the Fourth 
Memorandum Opinion and Order and SFRFA (or summaries thereof) will be 
published in the Federal Register. See 5 U.S.C. 604(b).

III. Ordering Clauses

    20. Authority for the issuance of this Fourth Memorandum Opinion 
and Order is contained in sections 4(i), 4(j), 7(a), 302, 303(b), 
303(f), 303(g), 303(r), 307(e), 332(a), and 332(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
157(a), 302, 303(b), 303(f), 303(g), 303(r), 307(e), 332(a), 332(c).
    21. This Fourth Memorandum Opinion and Order will be effective 
October 28, 2002.

[[Page 61005]]

    22. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Fourth Memorandum Opinion 
and Order, including the Supplemental Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    23. Pursuant to section 4(i) and 405 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 405, and Sec.  1.429(i) of the 
Commission's rules, 47 CFR 1.429(i), that the petitions for 
reconsideration, clarification, and/or a declaratory ruling filed by 
Motorola, the North America TETRA Forum, Sergeant John S. Powell, the 
Public Safety Wireless Network, Com-Net Ericsson Critical Radio 
Systems, Inc. are granted to the extent indicated herein and otherwise 
are denied.

List of Subjects in 47 CFR Part 90

    Communications equipment, Incorporation by reference, Radio, 
Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    Part 90 of Title 47 of the Code of Federal Regulations is amended 
as follows:

    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 90.531 is amended by revising paragraphs (b)(1)(iii), 
(b)(2), (b)(7), (c)(1), (d) introductory text, (d)(1), and (2) to read 
as follows:


Sec.  90.531  Band plan.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Narrowband trunking Interoperability channels. The following 
Interoperability channel pairs may be combined with the appropriate 
adjacent secondary trunking channel pairs and used in trunked mode on a 
secondary basis to conventional Interoperability operations: 23/983, 
24/984, 103/1063, 104/1064, 183/1143, 184/1144, 263/1223, 264/1224, 
657/1617, 658/1618, 737/1697, 738/1698, 817/1777, 818/1778, 897/1857, 
898/1858. For every ten general use channels trunked at a station, 
entities may obtain a license to operate in the trunked mode on two of 
the above contiguous Interoperability channel pairs. The maximum number 
of Interoperability channel pairs that can be trunked at any one 
location is eight.
* * * * *
    (2) Narrowband reserve channels. The following narrowband channels 
are undesignated and reserved: 37, 38, 61, 62, 77, 78, 117, 118, 141, 
142, 157, 158, 197, 198, 221, 222, 237, 238, 277, 278, 301, 302, 317, 
318, 643, 644, 683, 684, 699, 700, 723, 724, 763, 764, 779, 780, 803, 
804, 843, 844, 859, 860, 883, 884, 923, 924, 939, 940, 997, 998, 1021, 
1022, 1037, 1038, 1077, 1078, 1101, 1102, 1117, 1118, 1157, 1158, 1181, 
1182, 1197, 1198, 1237, 1238, 1261, 1262, 1277, 1278, 1603, 1604, 1643, 
1644, 1659, 1660, 1683, 1684, 1723, 1724, 1739, 1740, 1763, 1764, 1803, 
1804, 1819, 1820, 1843, 1844, 1883, 1884, 1899, 1900.
* * * * *
    (7) Secondary trunking channels. The following channel pairs are 
reserved for secondary trunking operations: 21/981, 22/982, 101/1061, 
102/1062, 181/1141, 182/1142, 261/1221, 262/1222, 659/1619, 660/1620, 
739/1699, 740/1700, 819/1779, 820/1780, 899/1859, and 900/1860. They 
may be used only in combination with the appropriate adjacent 
Interoperability channel pairs specified in paragraph (b)(1)(iii) of 
this section in trunked systems.
    (c) * * *
    (1) Wideband Interoperability channels. The following wideband 
channels are designated for nationwide Interoperability licensing and 
use, but are not available for licensing or use pending Commission 
adoption of a wideband Interoperability standard: 28-30, 37-39, 46-48, 
73-75, 82-84, 91-93, 148-150, 157-159, 166-168, 193-195, 202-204, 211-
213.
* * * * *
    (d) Combining channels. Except as noted in this section, at the 
discretion of the appropriate regional planning committee, contiguous 
channels may be used in combination in order to accommodate 
requirements for larger bandwidth emissions, in accordance with this 
paragraph. Interoperability channels may not be combined with channels 
in another group except for channels for secondary trunking channels.
    (1) Narrowband. Two or four contiguous narrowband (6.25 kHz) 
channels may be used in combination as 12.5 kHz or 25 kHz channels, 
respectively. The lower (in frequency) channel for two channel 
combinations must be an odd (i.e., 1, 3, 5 * * *) numbered channel. The 
lowest (in frequency) channel for four channel combinations must be a 
channel whose number is equal to 1+(4xn), where n = any integer between 
0 and 479, inclusive (e.g., channel number 1, 5, * * * 1917). Channel 
combinations are designated by the lowest and highest channel numbers 
separated by a hyphen, e.g., ``1-2'' for a two channel combination and 
``1-4'' for a four channel combination.
    (2) Wideband. Two or three contiguous wideband (50 kHz) channels 
may be used in combination as 100 kHz or 150 kHz channels, 
respectively. The lower (in frequency) channel for two channel 
combinations must be a channel whose number is equal to 1+(3xn) or 
2+(3xn), where n = any integer between 0 and 79, inclusive (e.g., 
channel number 1, 2, 4, 5, 7, 8, * * * 238, 239). The lowest (in 
frequency) channel for three channel combinations must be a channel 
whose number is equal to 1+(3xn), where n = any integer between 0 and 
79, inclusive (e.g., channel number 1, 4, 7, 10, * * * 238). Channel 
combinations are designated by the lowest and highest channel numbers 
separated by a hyphen, e.g., ``1-2'' for a two channel combination and 
``1-3'' for a three channel combination.
* * * * *

    3. Section 90.547 is revised to read as follows:


Sec.  90.547  Narrowband Interoperability channel capability 
requirement.

    (a) Except as noted in this section, mobile and portable 
transmitters operating on narrowband channels in the 764-776 MHz and 
794-806 MHz frequency bands must be capable of operating on all of the 
designated nationwide narrowband Interoperability channels pursuant to 
the standards specified in this part.
    (1) Mobile and portable transmitters that are designed to operate 
only on the Low Power Channels specified in Sec.  90.531 (b)(3) and (4) 
are exempt from this Interoperability channel requirement.
    (2) Mobile and portable transmitters that are designed to operate 
only in the data mode must be capable of operation on the data 
Interoperability channels specified in Sec.  90.531(b)(1)(i); but need 
not be capable of voice operation on other Interoperability channels.
    (3) Mobile and portable transmitters that are designed to operate 
only in the voice mode do not have to operate on the data 
Interoperability channels specified in Sec.  90.531(b)(1)(i).
    (b) Mobile and portable transmitters designed for data are not 
required to be voice capable, and vice versa.

    4. Section 90.548 is revised to read as follows:

[[Page 61006]]

Sec.  90.548  Interoperability Technical Standards.

    (a) Transmitters operating on those narrowband channels in the 764-
776 and 794-806 MHz band designated for interoperability (See 90.531) 
shall conform to the following technical standards:
    (1) Transmitters designed for voice operation shall include a 12.5 
kHz bandwidth mode of operation conforming to the following standards, 
which are incorporated by reference: Project 25 FDMA Common Air 
Interface--New Technology Standards Project--Digital Radio Technical 
Standards, approved April 15, 1998, Telecommunications Industry 
Association, ANSI/TIA/EIA-102.BAAA-1998; Project 25 Vocoder 
Description, approved May 5, 1998, Telecommunications Industry 
Association, ANSI/TIA/EIA-102.BABA-1998.
    (2) Transmitters designed for data transmission shall include a 
12.5 kHz bandwidth mode of operation conforming to the following 
standards, which are incorporated by reference: Project 25 Data 
Overview--New Technology Standards Project--Digital Radio Technical 
Standards, approved March 3, 2000, Telecommunications Industry 
Association, ANSI/TIA/EIA-102.BAEA-2000; Project 25 Packet Data 
Specification--New Technology Standards Project--Digital Radio 
Technical Standards, approved March 3, 2000, Telecommunications 
Industry Association, ANSI/TIA/EIA-102.BAEB-2000; Project 25 Radio 
Control Protocol (RCP)--New Technology Standards Project--Digital Radio 
Technical Standards, approved March 3, 2000, Telecommunications 
Industry Association, ANSI/TIA/EIA-102.BAEE-2000; Project 25 FDMA 
Common Air Interface--New Technology Standards Project--Digital Radio 
Technical Standards, approved April 15, 1998, Telecommunications 
Industry Association, ANSI/TIA/EIA-102.BAAA-1998.
    (b) The Director of the Federal Register approves these 
incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Copies of the standards listed in this section 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, DC. The 
standards can also be purchased from TIA/EIA, 2500 Wilson Boulevard, 
Arlington, VA, 22201; Global Engineering Documents, 15 Inverness Way 
East, Englewood, CO 80112; or the American National Standards 
Institute, 25 West 43rd Street, Fourth Floor, New York, NY 10036 (or 
via the Internet at www.ansi.org.)

    5. Section 90.553 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  90.553  Encryption.

* * * * *
    (b) If Encryption is employed then the following encryption 
protocol must be used: Project 25 DES Encryption Protocol, approved 
January 23, 2001, Telecommunications Industry Association, ANSI/TIA/
EIA-102.AAAA-A-2001.
    (c) The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the standard listed in this section 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, DC. The 
standard can also be purchased from TIA/EIA, 2500 Wilson Boulevard, 
Arlington, VA, 22201; Global Engineering Documents, 15 Inverness Way 
East, Englewood, CO 80112; or the American National Standards 
Institute, 25 West 43rd Street, Fourth Floor, New York, NY 10036 (or 
via the Internet at www.ansi.org.)

[FR Doc. 02-24421 Filed 9-26-02; 8:45 am]
BILLING CODE 6712-01-P