[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21726-21728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8203]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 05-9]


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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document the Commission seeks comment on various 
proposals governing both technical and operational rules in the 764-776 
MHz and 794-806 MHz public safety bands (700 MHz Public Safety Band).

DATES: Written comments are due on or before May 27, 2005, and reply 
comments are due on or before June 13, 2005.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
SUPPLEMENTARY INFORMATION for further filing instructions.

FOR FURTHER INFORMATION CONTACT: Technical Information: Brian Marenco, 
[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY 
(202) 418-7233. Legal Information: Roberto Mussenden, Esq., 
[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY 
(202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Seventh Notice of Proposed Rulemaking, FCC 
05-9, adopted January 5, 2005 and released on January 7, 2005. 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, Best Copy and Printing, Inc., 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 Brian Millin at (202) 418-
7426 or TTY (202) 418-7365 or at [email protected].
    1. In the Seventh Notice of Proposed Rulemaking, the Commission 
seeks comment on:
    (a) A proposal made by the Private Radio Section of the Wireless 
Communications Division of the Telecommunications Industry Association 
(TIA-PRS) to:
     Adopt tables describing ACP limits for 50 kHz and 100 kHz 
wideband operations;
     Relax the ACP requirement in the paired receive band for 
wideband and narrowband base station transmitters; and
     Extend the ACP limits to the 700 MHz Guard Band channels.
    (b) A proposal by Access Spectrum, LLC (Access Spectrum) that the 
Commission clarify that the 700 MHz Guard Band ACP limits apply only at 
the boundaries of the 700 MHz Guard Band's licensee's authorized 
allocation.
    (c) A proposal by Access Spectrum that the Commission establish 
scalable ACP limits which would apply to operations at any bandwidth;
    (d) A joint proposal from Nortel/EADS Telecom North America that 
the Commission adjust the ACP limits for

[[Page 21727]]

12.5 kHz bandwidth operations in order to permit use of more spectrally 
efficient technologies;
    (e) Proposals made by the Public Safety National Coordination 
Committee (NCC) asking that the Commission:
     Adopt a 700 MHz wideband data standard;
     Require wideband mobile and portable radios be capable of 
operating on all the wideband interoperability channels using the 
wideband data standard;
     Update the interoperability standards set forth at Section 
90.548 of the Commission's rules to reflect updated industry standards;
     Update the encryption standards set forth at Section 
90.553(e) of the Commission's rules to reflect updated industry 
standards; and
     Adopt minimum signal strength design criteria for public 
safety systems operating in the 700 MHz Public Safety Band.
    (f) A tentative conclusion not to adopt the following NCC 
proposals:
     Requiring the use of standard channel nomenclature for 
interoperability channels;
     Requiring mobile and portable units certificated for use 
under part 90 of the rules be capable of displaying standardized 
interoperability channel labels alphanumerically if the radios are 
equipped with alphanumeric displays;
     Revising the term ``State Interoperability Executive 
Committee'' to ``Statewide Interoperability Executive Committee'';
     Mandating the use of State Interoperability Executive 
Committees; and extend their jurisdiction to interoperability channels 
in all public safety bands; and
     Making certain procedural changes to the Commission's 
review of 700 MHz regional plans;
    (g) Clarifications to the trunking requirement of Section 90.537 of 
the Commission's rules.

I. Procedural Matters

A. Ex Parte Rules--Permit-But-Disclose Proceeding

    2. 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.

B. Filing Procedures

    3. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments on the Seventh Notice of Proposed 
Rulemaking on or before May 27, 2005, and reply comments on or before 
June 13, 2005. Comments and reply comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) or by filing paper 
copies. All relevant and timely comments will be considered by the 
Commission before final action is taken in this proceeding.
    4. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In 
completing the transmittal screen, commenters should include their full 
name, postal service mailing address, and the applicable docket number. 
Parties may also submit an electronic comment by e-mail via the 
Internet. 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.
    5. Parties who choose to file by paper must file an original and 
four copies of each filing. If parties want each Commissioner to 
receive a personal copy of their comments, they must file an original 
plus nine copies. All filings must be sent to the Commission's 
Secretary, Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Room TW-A325, 
Washington, DC 20554. One copy of each filing (together with a diskette 
copy, as indicated below) should also be sent to the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-
3160.
    6. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be attached to the 
original paper filing submitted to the Office of the Secretary. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using Microsoft\TM\ Word 2002 or compatible software. 
The diskette should be accompanied by a cover letter and should be 
submitted in ``read only'' mode. The diskette should be clearly labeled 
with the commenter's name, proceeding, type of pleading (comment or 
reply comment), date of submission, and the name of the electronic file 
on the diskette. The label should also include the following phrase 
``Disk Copy--Not an Original.'' Each diskette should contain only one 
party's pleadings, preferably in a single electronic file. In addition, 
commenters should send diskette copies to the Commission's copy 
contractor. In addition, commenters should send diskette copies to the 
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone 1-800-378-3160.
    7. The public may view the documents filed in this proceeding 
during regular business hours in the FCC Reference Information Center, 
Federal Communications Commission, 445 12th Street, SW., Room CY-A257, 
Washington, D C 20554, and on the Commission's Internet Home Page: 
http://www.fcc.gov. Copies of comments and reply comments are also 
available through the Commission's duplicating contractor: Best Copy 
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail at 
the following e-mail address: http://www.bcpiweb.com. Accessible 
formats (computer diskettes, large print, audio recording and Braille) 
are available to persons with disabilities by contacting Brian Millin, 
of the Consumer & Governmental Affairs Bureau, at (202) 418-7426, TTY 
(202) 418-7365, or at [email protected]. For further information, contact 
Mr. Brian Marenco at (202) 418-0838, [email protected], Public 
Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau.

C. Initial Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in this Seventh Notice of Proposed 
Rulemaking. Written public comments are requested regarding this IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the Seventh Notice of Proposed 
Rulemaking provided in paragraph 3. The Commission will send a copy of 
the Seventh Notice of Proposed Rulemaking, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. In 
addition, the Seventh Notice and Proposed Rulemaking and IRFA (or 
summaries thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
    9. In the Seventh Notice and Proposed Rulemaking, we seek comment 
on:
     The TIA-PRS proposal recommending:

--Adopting tables describing ACP limits for 50 kHz and 100 kHz wideband 
operations;

[[Page 21728]]

--Relaxing the ACP requirement in the paired receive band for wideband 
and narrowband base station transmitters; and
--Extending the above mentioned rules to the 700 MHz Guard Band 
channels.

     The proposal by Access Spectrum that the Commission 
clarify that the 700 MHz Guard Band emission requirements masks only at 
the boundaries of the 700 MHz Guard Band's licensee's authorized 
allocation.
     The joint proposal from Nortel/EDS that the Commission 
adopts ACP requirements that correspond to any authorized bandwidth.
     The proposals by National Coordination Committee (NCC) 
that the Commission:
--Adopt a 700 MHz wideband standard;
--Update the interoperability standards set forth at Section 90.548 of 
the Commission's rules;
--Update the encryption standards set forth at Section 90.535(e) of the 
Commission's rules; and
--Adopt minimum signal strength requirements for public safety systems 
operating in the 700 MHz Public Safety band.
Legal Basis
    10. Authority for issuance of this item is contained in Sections 1, 
4(i), 7, 301, 302, 303, and 337 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 157, 301, 302, 303, 337.
Description and Estimate of the Number of Small Entities To Which the 
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 rules adopted. The RFA generally defines the term 
``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 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 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. Below, we further describe 
and estimate the number of small entity licensees and regulatees that 
may be affected by the proposed rules, if adopted.
    12. Governmental Entities. The term ``small governmental 
jurisdiction'' is defined as ``governments of cities, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' As of 1997, there were approximately 87,453 
governmental jurisdictions in the United States. This number includes 
39,044 county governments, municipalities, and townships, of which 
37,546 (approximately 96.2%) have populations of fewer than 50,000, and 
of which 1,498 have populations of 50,000 or more. Thus, we estimate 
the number of small governmental jurisdictions overall to be 84,098 or 
fewer.
    13. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. The SBA rules contain a definition for cellular and other 
wireless telecommunications 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. With respect to local governments, in 
particular, since many governmental entities as well as private 
businesses comprise the licensees for these services, we include under 
public safety services the number of government entities affected.
    14. Wireless Communications Equipment Manufacturers. The SBA has 
established a small business size standard for radio and television 
broadcasting and wireless communications equipment manufacturing. Under 
the standard, firms are considered small if they have 750 or fewer 
employees. Census Bureau data for 1997 indicates that, for that year, 
there were a total of 1,215 establishments in this category. Of those, 
there were 1,150 that had employment under 500, and an additional 37 
that had employment of 500 to 999. The Commission estimates that the 
majority of wireless communications equipment manufacturers are small 
businesses.
Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements
    15. This Seventh Notice of Proposed Rulemaking does not propose a 
rule that will entail reporting, recordkeeping, and/or third-party 
consultation. The rule changes proposed in the Seventh Notice of 
Proposed Rulemaking provide technical adjustments to the Commission's 
existing requirements for Adjacent Channel Power or update the 
Commission's existing requirements to reference the latest industry 
standards.
Steps Taken To Minimize Significant Economic Impact on Small Entities 
and Significant Alternatives Considered
    16. 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. We believe the rule changes contained in this Seventh Notice 
of Proposed Rulemaking are technologically neutral and do not impact 
small entities differently than large entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    17. None.

II. Ordering Clauses

    18. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, 47 CFR 1.415, 1.419; interested 
parties may file comments on the Seventh Notice of Proposed Rulemaking 
on or before May 27, 2005, and reply comments on or before June 13, 
2005.
    19. It is further ordered, that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Seventh 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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-8203 Filed 4-26-05; 8:45 am]
BILLING CODE 6712-01-P