[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Rules and Regulations]
[Pages 21671-21673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8204]


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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: Final rule.

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SUMMARY: In this document the Commission takes certain actions intended 
to encourage the transition to narrowband technology in the 764-776 MHz 
and 794-806 MHz public safety bands (700 MHz Public Safety Band).

DATES: Effective May 27, 2005.

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 Fifth Memorandum Opinion and Order, 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 Fifth Memorandum Opinion and Order, the Commission takes 
the following actions:
     defers the ban on the marketing, manufacture and 
importation of equipment soley capable of utilizing 12.5 kHz bandwidth 
when operating in the voice mode in the 700 MHz Public Safety Band 
(12.5 kHz equipment) from December 31, 2006 until December 31, 2014; 
and
     defers the prohibition on filing applications for new 
systems that operate utilizing 12.5 kHz voice channels from December 
31, 2006 until December 31, 2014.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. The order does not contain any new or modified information 
collection.

B. Regulatory Flexibility Act

    3. A Supplemental Final Regulatory Flexibility Analysis with 
respect to the Fifth Memorandum Opinion and Order has been prepared and 
is set forth below.

C. Report to Congress

    4. The Commission will send a copy of this Fifth Memorandum Opinion 
and Order in a report to be sent to Congress and the General Accounting 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

D. Supplemental Final Regulatory Flexibility Analysis

    5. In view of the fact that the Commission has adopted further rule 
amendments in the Fifth Memorandum Opinion and Order, the Commission 
has included this Supplemental Final Regulatory Flexibility Analysis 
(SFRFA). This SFRFA conforms to the RFA. Need for, and Objectives of 
the Fifth Memorandum Opinion and Order:
    6. The Fifth Memorandum Opinion and Order adopts rules to promote 
the transition to dual mode equipment and 6.25 kHz equipment in the 700 
MHz Public Safety band operating in the General Use and State License 
channels. Specifically, we amend our rules to delay the ban on the 
marketing, manufacture, and importation of 12.5 kHz equipment until 
December 31, 2014. In addition, we amend our rules to delay until 
December 31, 2014, the cut-off for accepting applications for new 
systems operating in the General Use and State License channels that 
use 12.5 kHz equipment. These actions will effect a transition to a 
narrowband channel plan. The resulting gain in efficiency will ease 
congestion on the General Use and State License channels in these 
bands. Delaying this transition, however, will ease the economic burden 
on small businesses by allowing them to make this transition over a 
longer period of time.
    Summary of Significant Issues Raised by Public Comments in Response 
to the FRFA:
    7. No comments or reply comments were filed in direct response to 
the FRFA. The Commission has, however, reviewed the general comments 
that may impact small businesses. Much of the potential impact on small 
businesses arises form the mandatory migration to 6.25 kHz or dual mode 
technology beginning on December 31, 2014; the ban on marketing, 
importation and manufacture of 12.5 kHz equipment after December 31, 
2014; and the freeze on new 12.5 kHz applications. The costs associated 
with replacement of current systems were cited in opposition to 
mandatory conversion proposals.
    Description and Estimate of the Number of Small Entities to Which 
the Rules Apply:
    8. 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

[[Page 21672]]

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 regulates that 
may be effected by the proposed rules, if adopted.
    9. 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.
    10. 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 encompass business entities 
engage 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, 
we include under public safety services the number of government 
entities affected.
    11. 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 
business.
    Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements:
    12. This Fifth Memorandum Opinion and Order adopts rules to promote 
the transition to dual mode equipment and 6.25 kHz equipment in the 700 
MHz Public Safety band operating in the General Use and State License 
channels. Further, this Fifth Memorandum Opinion and Order amends our 
current rules to prohibit the marketing, importation or manufacture of 
12.5 kHz-only equipment beginning on December 31, 2014. All equipment 
utilized in the 700 MHz Public Safety band on or after December 31, 
2014 must utilize a maximum channel bandwidth of 6.25 kHz. These rules 
do not impose new reporting or recordkeeping requirements on licensees, 
but will require licensees to transition to new equipment. We have this 
transition as long as possible.
    Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered:
    13. 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.
    14. The Commission considered the economic burden on small 
businesses when it adopted the rules set forth in the Fifth Memorandum 
Opinion and Order. For instance, in consideration of the amortization 
and life-space of current equipment and the resources available to 
small entities, we amend our Rules to delay until December 31, 2014 the 
cut-off for accepting applications for new systems operating in the 
General Use and State License channels that use 12.5 kHz equipment. In 
addition we amend our rules to delay until December 31, 2014 the 
prohibition on the marketing, manufacture and importation of 12.5 kHz 
equipment.
    15. Exemption from coverage of the rule changes for small 
businesses would frustrate the purpose of the rule, i.e., migration to 
more efficient spectrum use, and facilitate continued inefficient use 
of spectrum.
    16. Report to Congress: The Commission will send a copy of this 
Fifth Memorandum Opinion and Order, including this SFRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Fifth Memorandum Opinion and SFRFA (or summaries thereof) will also 
be published in the Federal Register. See 5 U.S.C. 604(b).

II. Ordering Clauses

    17. Pursuant to Sections 4(i), 303(f), 332, 337 and 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f), 332, 
337 and 405 this Fifth Memorandum Opinion and Order is hereby adopted.
    18. Pursuant to Sections 1, 4(i), 303(f) and (r), 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303(f) 
and (r), 332, and 405 the Petition for Reconsideration filed by 
Motorola, Inc. on January 13, 2003, is granted to the extent described 
herein.
    19. It is further order that the amendments of the Commission's 
Rules as set forth in Rule Changes are adopted May 27, 2005.
    20. It is further ordered, that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Fifth Memorandum Opinion and Order including the 
Supplemental Final 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.

Rule Changes

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), 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).


0
2. Section 90.203 is amended by revising paragraphs (m) and (n) to read 
as follows:


Sec.  90.203  Certification required.

* * * * *
    (m) Applications for part 90 certification received after December 
31, 2014 will only be granted to transmitters designed to operate in 
the voice mode on channels designated in Sec.  Sec.  90.531.(b)(5) or 
90.531(b)(6) that provide at least one voice path per 6.25 kHz of 
spectrum bandwidth.

[[Page 21673]]

    (n) Transmitters designed to operate in the voice mode on channels 
designated in Sec.  Sec.  90.531(b)(5) or 90.531(b)(6) that do not 
provide at least one voice path per 6.25 kHz of spectrum bandwidth 
shall not be manufactured in, or imported into the United States after 
December 31, 2014. Marketing of these transmitters shall not be 
permitted after December 31, 2014.

0
3. Section 90.535 is amended by revising paragraphs (d)(1) and (d)(2) 
to read as follows:


Sec.  90.535  Modulation and spectrum usage effeciency requirements.

* * * * *
    (d) * * *
    (1) With the exception of licensees designated in paragraph (d)(2) 
of this section, after December 31, 2014, licensees may only operate in 
voice mode in these channels at a voice efficiency of at least one 
voice path per 6.25 kHz of spectrum bandwidth.
    (2) Licensees authorized to operate systems in the voice mode on 
these channels from applications filed on or before December 31, 2014, 
may continue operating in voice mode on these channels (including 
modification applications of such licenses granted after December 31, 
2014, for expansion or maintenance of such systems) at a voice 
efficiency of at least one voice path per 12.5 kHz of spectrum 
bandwidth until December 31, 2016.
* * * * *
[FR Doc. 05-8204 Filed 4-26-05; 8:45 am]
BILLING CODE 6712-01-M