[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Rules and Regulations]
[Pages 70704-70705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29923]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 01-97; RM-9798; FCC 02-232]


Amendment of the Commission's Rules To Revise the Authorized Duty 
Cycle on 173.075 MHz

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission revised the duty cycle 
specifications for stolen vehicle recovery system operations on 173.075 
MHz by adding a new duty cycle option of 1800 milliseconds every 300 
seconds, with a maximum of six messages in any thirty-minute period. 
This action was taken to enable the enhancement of police performance 
in the recovery of stolen vehicles and apprehension of suspects. This 
rule change will facilitate: more efficient law enforcement, a decrease 
in the time between when a vehicle is discovered stolen and when the 
theft is reported to the police, greater stolen vehicle recovery rates, 
and a greater rate of apprehension of criminals.

DATES: Effective December 26, 2002.

FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden, Esq., Policy and 
Rules Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, (202) 418-0627, TTY (202) 418-7233, or via 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order, FCC 02-232, adopted on 
August 9, 2002, and released on September 5, 2002. The full text of 
this document is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street, SW., 
Washington, DC 20554. The complete text 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 or at [email protected].
    In this Report and Order, we address the proposal set forth in the 
Notice of Proposed Rulemaking (NPRM), 66 FR 31598, June 12, 2001, in WT 
Docket No. 01-97. In the NPRM, the Commission sought comment on whether 
to revise the duty cycle specifications for stolen vehicle recovery 
system (SVRS) operations on 173.075 MHz. The NPRM also invited comment 
on whether the public interest continues to be served by specification 
of duty cycles for the SVRS operations on 173.075 MHz. For the reasons 
explained below, we are revising Sec.  90.20(e)(6) of the Commission's 
rules to add a new duty cycle option of 1800 milliseconds every 300 
seconds with a maximum of six messages in any thirty-minute period. We 
believe that this new duty cycle option will enable the enhancement of 
police performance in the recovery of stolen vehicles and apprehension 
of suspects, while ensuring that harmful interference does not occur to 
television reception. It is our view that the specification of SVRS 
duty cycles continues to serve the public interest by also encouraging 
a competitive marketplace for provision of SVRS operations.

I. Procedural Matters

A. Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act (RFA) of 1980, the 
Commission has prepared a Final Regulatory Flexibility Analysis of the 
possible impact of the rule changes contained in this Report and Order 
on small entities. The Final Regulatory Flexibility Act analysis is set 
forth in Appendix A of the Report and Order. The Commission's Consumer 
and Governmental Affairs Bureau, Reference Information Center, will 
send a copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

B. Paperwork Reduction Analysis

    2. This Report 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. Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated in Appendix A 
of the Notice of Proposed Rulemaking (NPRM) issued in this proceeding. 
The Commission sought written public comment on the proposals in the 
NPRM, including on the IRFA. The Commission's Final Regulatory 
Flexibility Analysis (FRFA) in this Report and Order in WT Docket No. 
97-82 conforms to the RFA. I. Need for, and Objectives of, the Report 
and Order
    3. In the Report and Order, we modify the duty cycle for mobile 
specifications for SVRS operations, contained in 47 CFR Sec.  
90.20(e)(6), to 1800 milliseconds every 300 seconds to permit use of 
new technology. This modification is in the public interest because it 
enhances the efficient use of spectrum and permits greater efficiency 
in use of police resources to track and recover stolen vehicles and 
apprehend more individuals involved in such activities.

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

    4. No comments were filed in direct response to the IRFA.

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

    5. 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

[[Page 70705]]

Section 3 of the Small Business Act. 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. 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.''
    6. The rule change adopted in this Report and Order 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.

C. Description of Reporting, Recordkeeping, and Other Compliance 
Requirements

    7. No new reporting, recordkeeping, or other compliance 
requirements would be imposed on applicants or licensees as a result of 
the actions taken in this rulemaking proceeding.

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

    8. 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.
    9. As an alternative, the Commission considered eliminating 
specified duty cycles for SVRS mobile and base transmitters. However, 
the Commission determined that the public interest continues to be 
served by retention of these duty cycles. The mobile duty cycle ensures 
that harmful interference to TV Channel 7 reception will not occur, 
while the base station duty cycle permits the growth of a competitive 
SVRS marketplace. The rule change adopted will accommodate the use of 
an early warning detector and, thus, enhance police performance in the 
recovery of stolen vehicles and apprehension of individuals suspected 
of committing these thefts.
    10. Amendment of the duty cycle rule does not impose any new 
reporting or compliance requirements, however, it does permit an 
additional use of SVRS technology. The proposal contained herein has 
been analyzed with respect to the Paperwork Reduction Act of 1980 and 
found to contain no new or modified form, information collection and/or 
record keeping, labeling, disclosure, or record retention requirements, 
and will not increase or decrease burden hours imposed on the public.

E. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    11. None
    Report to Congress: The Commission will send a copy of this Report 
and Order, including the FRFA, in a report to be sent to Congress 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996, see 5 U.S.C. 801(a)(1)(A). In addition, the Commission will send 
a copy of this Report and Order, including FRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration. A copy of the Report 
and Order and FRFA (or summaries thereof) will also be published in the 
Federal Register, see 5 U.S.C. 604(b).

III. Ordering Clauses

    12. Authority for issuance of this Report and Order 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), and 303(r).
    13. Pursuant to the authority of 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), Sec.  90.20(e)(6) of the Commission's Rules, 47 CFR 
90.20(e)(6), is amended as set forth in the rule changes.
    14. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, Shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    15. This proceeding is terminated.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble the Federal 
Communications Commission proposes to amend 47 CFR parts 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 
bandwidth. Transmissions from mobiles shall be limited to 200 
milliseconds every 10 seconds, except that when a vehicle is being 
tracked actively transmissions may be 200 milliseconds every second. 
Alternatively, transmissions from mobiles shall be limited to 1800 
milliseconds every 300 seconds with a maximum of six such messages in 
any 30 minute period. Transmissions from base stations shall be limited 
to a total time of one second every minute. 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. 02-29923 Filed 11-25-02; 8:45 am]
BILLING CODE 6712-01-P