[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Proposed Rules]
[Pages 42337-42339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18055]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 99-87; RM-9332; FCC 03-34]


Implementation of Sections 309(j) and 337 of the Communications 
Act of 1934 as Amended and Promotion of Spectrum Efficient Technologies 
on Certain Part 90 Frequencies

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document the Federal Communications Commission (FCC) 
provides public notice that it is considering adopting new rules 
related to promoting spectrum efficiency for private land mobile radio 
services (PLMRS), and is seeking public comment. The FCC seeks comment 
on whether existing equipment certification requirements are sufficient 
to promote migration to one voice path per 6.25 kHz bandwidth or 
equivalent technology, or whether migration to 6.25 kHz bandwidth or 
equivalent technology should be mandatory. The FCC seeks comment on its 
tentative conclusion that in order to facilitate migration to 6.25 kHz 
technology, it should take regulatory actions similar to the ones it 
has taken to facilitate the migration to 12.5 kHz technology. The FCC 
also seeks comment on the date(s) by which licensees would be required 
to migrate to 6.25 kHz technology and to have taken any other related 
compliance actions, in the event a new requirement were adopted 
mandating migration to 6.25 kHz. The FCC seeks public comment in an 
effort to fully understand the issues associated with a migration to 
6.25 kHz technology and, within the same context, to fully understand 
what, if anything can be learned from its experience of establishing 
regulatory requirements to secure migration to 12.5 kHz technology. The 
FCC intends to develop a comprehensive record on issues and concerns 
surrounding migration to 6.25 kHz technology.

DATES: Comments on or before September 15, 2003, and reply comments on 
or before October 15, 2003.

ADDRESSES: Federal Communications Commission 445 12th Street, SW., 
Washington, DC 20554, See SUPPLEMENTARY INFORMATION for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Karen Franklin, Esq. Public Safety and 
Private Wireless Division, Wireless Telecommunications Bureau, Federal 
Communications Commission, Washington, DC 20554, at (202) 418-0680, TTY 
(202) 418-7233, or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the FCC's FNPRM, FCC 
03-34, adopted on February 25, 2003, and released on February 12, 2003. 
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 FCC's copy contractor, Qualex International, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. The full text may also be 
downloaded at: http://www.fcc.gov. Alternative formats are available to 
persons with disabilities by contacting Jenifer Simpson at (202) 418-
0008, TTY (202) 418-2555.
    1. Earlier in the same docket, the FCC, sought comments on, inter 
alia, certain proposals to promote new spectrum-efficient technology. 
This FNPRM seeks comment on additional issues related to promoting 
spectrum efficiency for the PLMRS. In addition, the FNPRM seeks comment 
on whether the equipment certification provision in the current rules 
is sufficient to promote migration to one voice path per 6.25 kHz 
bandwidth or equivalent technology, or whether migration to 6.25 kHz 
bandwidth or equivalent technology should be mandatory.

Procedural Matters

A. Regulatory Flexibility Act Analyses

    2. As required by the Regulatory Flexibility Act (RFA), see 5 
U.S.C. 604, the FCC has prepared an Initial Regulatory Flexibility 
Analysis concerning the impact of the policies and rules addressed by 
the FNRRM. The Initial Regulatory Flexibility Analysis is set forth 
further. The FCC's Consumer Information Bureau, Reference Information 
Center, will send a copy of the FNPRM, including the Initial Regulatory 
Flexibility Act Analyses, to the Chief Counsel for Advocacy of the 
Small Business Administration.

B. Paperwork Reduction Act of 1995 Analysis

    3. This document does not contain any new or modified information 
collection. Therefore, it is not subject to the requirements for a 
paperwork reduction analysis, and we have not performed one.

C. Filing Procedures

    4. Pursuant to sections 1.415 and 1.419 of the FCC's rules, 47 CFR 
1.415, 1.419, interested parties may file comments on or before 
September 15, 2003, and reply comments on or before October 15, 2003. 
Comments may be filed using the FCC's Electronic Comment Filing System 
(``ECFS'') or by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 13 FCC Rcd 11322, 11326 (1998).
    5. 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, only 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

[[Page 42338]]

name, Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To obtain 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 .'' A sample form and directions will be sent in 
reply.
    6. Parties choosing to file by paper must file an original and four 
copies of each filing. If participants want each Commissioner to 
receive a personal copy of their comments, an original plus nine copies 
must be filed. All filings must be sent to the FCC's Secretary, Marlene 
H. Dortch, Office of the Secretary, Federal Communications Commission, 
The Portals, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. 
In addition, courtesy copies should be delivered to Karen Franklin, 
Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 445 12th 
Street, SW., Room 4-C405, Washington, DC 20554.
    7. All relevant and timely comments will be considered by the FCC 
before final action is taken in this proceeding. Comments and reply 
comments will be available for public inspection and duplication during 
regular business hours in the FCC Reference Information Center, Room 
CY-A257, 445 12th Street, SW., Washington, DC 20554. Copies also may be 
obtained from Qualex International., 445 12th Street, SW., Room CY-
B400, Washington, DC 20554, (202) 863-2893.

Initial Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act (``RFA''), the FCC 
has prepared this present Initial Regulatory Flexibility Analysis 
(``IRFA'') of the possible significant economic impact on small 
entities by the policies and rules proposed in the FNPRM. Written 
public comments are requested on this IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for 
comments provided above in paras. 30-33, supra. The FCC will send a 
copy of the FNPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (``SBA''). In addition, 
the FNPRM and IRFA (or summaries thereof) will be published in the 
Federal Register.

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

    9. The purpose of this FNPRM is to determine whether it would be in 
the public interest, convenience, and necessity to amend our rules 
governing PLMR licensees in the 150-174 MHz and 421-512 MHz bands in 
order to expedite the transition to 6.25 kHz narrowband technology. 
While the FCC sought comment regarding issues associated with a 
migration to 12.5 kHz technology earlier in this same docket, the FCC 
did not at that time seek comment regarding issues associated with a 
migration to 6.25 kHz technology.

B. Legal Basis

    10. Authority for issuance of this FNPRM is contained in sections 
4(i), 303(r), and 332(a)(2) of the Communications Act of 1934, as 
amended.

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

    11. 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. Under the RFA, small 
entities may include small organizations, small businesses, and small 
governmental jurisdictions. The RFA generally defines the term ``small 
business'' as having the same meaning as the term ``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 operation; and (3) satisfies any additional criteria 
established by the 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.
    12. The proposed rule amendments may affect users of public safety 
radio services and private radio licensees that are regulated under 
part 90 of the FCC's rules, and may also affect manufacturers of radio 
equipment. An analysis of the number of small entities affected 
follows.
    13. Public Safety radio services and Governmental entities. Public 
safety radio services include police, fire, local governments, forestry 
conservation, highway maintenance, and emergency medical services. The 
SBA rules contain a definition for small radiotelephone (wireless) 
companies, which encompasses business entities engaged in 
radiotelephone communications employing no more that 1,500 persons. 
There are a total of approximately 127,540 licensees within these 
services. Governmental entities as well as private businesses comprise 
the licensees for these services. The RFA also includes small 
governmental entities as a part of the regulatory flexibility analysis. 
``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 96 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, the FCC estimates that 81,600 (96 percent) are small 
entities.
    14. Estimates for PLMR Licensees. Private land mobile radio systems 
serve an essential role in a vast range of industrial, business, land 
transportation, and public safety activities. These radios are used by 
companies of all sizes operating in all U.S. business categories. 
Because of the vast array of PLMR users, the FCC has not developed a 
definition of small entities specifically applicable to PLMR users, nor 
has the SBA developed any such definition. The SBA rules do, however, 
contain a definition for small radiotelephone (wireless) companies. 
Included in this definition are business entities engaged in 
radiotelephone communications employing no more that 1,500 persons. 
Entities engaged in telegraph and other message communications with no 
more than $5 million in annual receipts also qualify as small business 
concerns. According to the Bureau of the Census, only twelve 
radiotelephone firms of a total of 1,178 such firms which operated 
during 1992 had 1,000 or more employees. For the purpose of determining 
whether a licensee is a small business as defined by the SBA, each 
licensee would need to be evaluated within its own business area. The 
FCC's fiscal year 1994 annual report indicates that, at the end of 
fiscal year 1994, there were 1,101,711 licensees operating 12,882,623 
transmitters in the PLMR bands below 512 MHz.
    15. Equipment Manufacturers. The FCC anticipates 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

[[Page 42339]]

television broadcasting and communications equipment, and that 778 of 
these firms have fewer than 750 employees and would therefore be 
classified as small entities.

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

    16. Possible requirements under consideration in this FNPRM would 
impose use of new narrowband technology at least one voice path per 
6.25 kHz of spectrum by a date certain. Assuming the rules adopted 
earlier in the same docket in another context are a good model for the 
transition to 6.25 kHz narrowband technology (which assumption has yet 
to be established), the FCC might require licensees to convert to 6.25 
kHz operation by a date certain; and/or establish dates after which 
equipment capable of operating at a higher bandwidth could no longer be 
certified, manufactured or imported; or freeze the filing of new 
applications for 12.5 kHz operation. These steps may be necessary to 
facilitate efficient management and use of spectrum.

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

    17. 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.
    18. The objective in the Refarming proceeding was to provide a 
means to transition licensees to 6.25 kHz technology, see para. 27, 
supra. Migration to 12.5 kHz technology was viewed as a stepping stone 
to operation at 6.25 kHz technology, see id. However, requiring the use 
of 6.25 kHz technology by a date certain could have an impact some 
small entities by requiring them to upgrade their communications 
systems before they would otherwise do so. An alternative would be to 
maintain the current rules, which are intended to foster migration to 
narrowband technology by way of progressively more stringent type 
certification requirements. The FCC issues this FNPRM in order to 
consider whether a change in its rules would benefit small entities and 
other PLMR licensees.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    19. None.

Ordering Clauses

    20. Accordingly, pursuant to sections 1, 2, 4(i), 5(c), 7(a), 
11(b), 301, 302, 303, 307, 308, 309(j) , 310, 312a, 316, 319, 323, 324, 
332, 333, 336, 337, and 351 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i), 155(c), 157(a), 161(b), 301, 302, 
303, 307, 308, 309(j), 310, 312a, 316, 319, 323, 324, 332, 333, 336, 
337, and 351, the Balanced Budget Act of 1997, Public Law Number 105-
33, Title III, 111 Stat. 251 (1997), and Sec. Sec.  1.421 and 1.425 of 
the FCC's rules, 47 CFR 1.421 and 1.425, it is ordered that the Second 
Further Notice of Proposed Rule Making is hereby adopted.
    21. It is furthered ordered that notice is hereby given of the 
proposed regulatory changes contained in the Second Further Notice of 
Proposed Rule Making, and that comment is sought on these proposals.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-18055 Filed 7-16-03; 8:45 am]
BILLING CODE 6712-01-U