[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Proposed Rules]
[Pages 17786-17790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5108]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 06-34]


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.

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SUMMARY: In the Eighth Notice of Proposed Rulemaking (Eighth NPRM), the 
FCC seeks comment on proposals to create broadband channels in the 700 
MHz public safety band. Specifically, the Eighth NPRM seeks comment on 
proposals to accommodate broadband and/or wideband operations on the 
current wideband spectrum (twelve megahertz) of the current 700 MHz 
public safety spectrum allocation. This Eighth NPRM is another step in 
the FCC's ongoing efforts to develop a regulatory framework in which to 
meet current and future public safety communications needs.

DATES: Written comments are due on or before June 6, 2006, and reply 
comments are due on or before July 6, 2006.

ADDRESSES: You may submit comments, identified by WT Docket 96-86 and 
FCC 06-34, by any of the identified methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission Web Site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
     E-mail: [email protected]. Include WT Docket No. 96-86 in the 
subject line of the message.
     Mail: Paper submissions.
     (Hand or Messenger Delivered accepted between 8 a.m. to 7 
p.m. only) Marlene H. Dortch, Secretary, Federal Communications 
Commission, Office of the Secretary, c/o Natek, Inc., Inc., 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002.
     (Commercial overnight mail, EXCEPT United States Postal 
Service) Marlene H. Dortch, Secretary, Federal Communications 
Commission, Office of the Secretary, 9300 East Hampton Drive, Capitol 
Heights, MD 20743,
     (All other mail, including United States Postal Service 
Express Mail, Priority Mail, and First Class Mail) Marlene H. Dortch, 
Secretary, Federal Communications Commission, Office of

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the Secretary, 445 12th Street, SW., Washington, DC 20554.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.fcc.gov/cgb/ecfs, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.fcc.gov/cgb/ecfs or in the FCC 
Reference Information Center, Federal Communications Commission, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Legal Information: John Evanoff, Esq., 
[email protected], Public Safety and Critical Infrastructure 
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY 
(202) 418-7233. Technical Information: Tim Maguire, 
[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 Eighth Notice of Proposed Rulemaking 
(Eighth NPRM), FCC 06-34, adopted March 17, 2006 and released on March 
21, 2006. In the Eighth NPRM the FCC seeks comment on proposals to 
create broadband channels in the 700 MHz public safety band. 
Specifically, the Eighth NPRM seeks comment on proposals to accommodate 
broadband and/or wideband operations on the current wideband spectrum 
(twelve megahertz) of the current 700 MHz public safety spectrum 
allocation. The Eighth NPRM also seeks to update the record on wideband 
interoperability matters raised in the Seventh Notice of Proposed 
Rulemaking in this proceeding (70 FR 21726, April 27, 2005).

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 pursuant to the 
Commission's Rules.

B. Comment Dates

    3. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before June 6, 2006, and reply comments on or before 
July 6, 2006. Comments may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. Electronic Filers: 
Comments may be filed electronically using the Internet by accessing 
the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking 
Portal: http://www.regulations.gov. Filers should follow the 
instructions provided on the website for submitting comments. For ECFS 
filers, if multiple docket or rulemaking numbers appear in the caption 
of this proceeding, filers must transmit one electronic copy of the 
comments for each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, filers should include 
their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response. Paper Filers: Parties who choose 
to file by paper must file an original and four copies of each filing. 
If more than one docket or rulemaking number appears in the caption of 
this proceeding, filers must submit two additional copies for each 
additional docket or rulemaking number. Filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail (although we continue to 
experience delays in receiving U.S. Postal Service mail). All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission. The Commission's 
contractor will receive hand-delivered or messenger-delivered paper 
filings for the Commission's Secretary at 236 Massachusetts Avenue, 
NE., Suite 110, Washington, DC 20002. The filing hours at this location 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building. Commercial overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service 
first-class, Express, and Priority mail should be addressed to 445 12th 
Street, SW., Washington DC 20554. People with Disabilities: To request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format), send an e-mail to 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).

C. Paperwork Reduction Act

    4. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 
(c)(4).

II. Initial Regulatory Flexibility Analysis

    5. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on small entities of 
the policies and rules proposed in the Eighth Notice of Proposed Rule 
Making (Eighth NPRM). 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 Eighth Notice 
provided in the first page of the document. The Commission will send a 
copy of the Eighth Notice, including this IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration.

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

    6. The Eighth NPRM seeks to promote effective public safety 
communications and innovation in wireless services in support of public 
safety and homeland security. Pursuant to Congressional directive, the 
Commission reallocated twenty-four megahertz of spectrum in the Upper 
700 MHz Band to meet the communications needs of public safety. In many 
areas of the United States this public safety spectrum is encumbered by 
incumbent television stations. In January 1999 the Commission chartered 
a federal advisory committee, the Public Safety National Coordination 
Committee (NCC), to advise the Commission on service rules for the 700 
MHz Public Safety Band, which the Commission had divided into 
narrowband voice and data channels and wideband data channels,

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with designated interoperability channels in each of these band 
segments. Pursuant to the NCC's recommendations, the Commission adopted 
the ANSI 102 (Project 25 Phase I) suite of standards for the narrowband 
interoperability channels. In July 2003, the NCC concluded its work 
with a final set of recommendations, including the ANSI 102 Scalable 
Adaptive Modulation (SAM) wideband data interoperability standard. On 
January 5, 2005, the Commission adopted a Seventh Notice of Proposed 
Rulemaking (70 FR 21726, April 27, 2005) in this proceeding which 
sought comment on the NCC's recommendation of the SAM standard and 
inquired whether all wideband radios should be capable of using the SAM 
standard on the wideband interoperability channels, independent of the 
technical standards used by such radios on the non-interoperability 
wideband data channels.
    7. The Eighth NPRM seeks comment on advanced data transmission 
technologies which may not have been fully developed and commercially 
viable at the time that the NCC made its final recommendations, and 
which may prove more suitable to public safety's data transmission 
requirements. The potential benefits of these broadband technologies 
were raised in a November 18, 2005 filing by the National Public Safety 
Telecommunications Council (NPSTC) which urged ``the Commission to 
review through a notice of proposed rulemaking, how [the 700 MHz 
wideband and reserve channels] could be used to promote broadband 
access.'' The use of broadband applications in the 700 MHz Public 
Safety Band was subsequently addressed by the Chairman of the FCC in a 
December 19, 2005 Report to Congress pursuant to Section 7502 of the 
Intelligence Reform Act. Therein, it was stated that ``the Commission 
will expeditiously examine and analyze whether certain channels within 
the current allocation of twenty-four megahertz of public safety 
spectrum in the 700 MHz band could be modified to accommodate broadband 
communications.''
    8. Consistent with national priorities focusing on homeland 
security and broadband, and the Commission's commitment to ensure that 
emergency first responders have access to reliable and interoperable 
communications, the Eighth NPRM will allow the Commission to compile a 
record with up-to-date information regarding the state of today's 
broadband technologies in an effort to determine whether there is a 
need for changes to the current 700 MHz public safety band plan. The 
Eighth NPRM is intended to explore opportunities to promote spectrum 
access for a variety of new broadband applications while ensuring 
reliable, interference-free, and interoperable communications. The 
Eighth Notice also seeks to promote flexibility by seeking comment on 
providing a regulatory framework in which public safety entities can 
pursue broadband and/or wideband options in support of homeland 
security and protection of life and property. Further, the Eighth 
Notice seeks to refresh the record developed in response to the Seventh 
Notice of Proposed Rulemaking in this proceeding, which addressed the 
issue of whether there is a continuing need for wideband data 
interoperability. Finally, the Commission seeks comment on whether to 
adopt the SAM wideband data interoperability standard.
    9. The first option is to modify the band plan to combine the 
wideband general use, interoperability and reserve channels, channelize 
these channels at 50 kHz, allow Regional Planning Committees (RPCs) to 
combine these channels to provide wideband or broadband operations in 
order to meet regional needs, and establish guard bands to protect 
narrowband operations from interference. Under this proposal, Motorola 
suggests that a total of 3.1 MHz of spectrum could be deployed for 
broadband operations and that a total of two megahertz (1 MHz paired) 
be dedicated as guard bands while maintaining eighteen 50 kHz wideband 
interoperability channels. Motorola recommends that all wideband 
interoperability and broadband radios support the SAM standard.
    10. Under the second option, NPSTC suggests that RPCs should have 
the flexibility of combining 50 kHz channels to create one to three 
1.25 MHz broadband channels (3.75 MHz total). NPSTC also suggests a 
smaller guard band allocation of 1.95 megahertz (two .950 MHz guard 
bands paired) and that RPCs have flexibility in managing wideband 
interoperability channels.
    11. The third option, offered by Lucent, involves combining the 
wideband general use, interoperability and reserve channels to create 
three 1.25 MHz broadband channels (3.75 MHz total) and two 1.125 MHz 
guard bands (2.25 MHz total). Lucent suggests the Commission abandon 
the concept of wideband interoperability.

B. Legal Basis for Proposed Rules

    12. The potential actions on which comment is sought in this Notice 
would be authorized under 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.

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

    13. 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.

D. Governmental Entities

    14. 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.

E. Public Safety Radio Licensees

    15. As a general matter, Public Safety Radio 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 engaged in radiotelephone 
communications employing no more that 1,500 persons. There is 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

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safety services the number of government entities affected.

F. Wireless Communications Equipment Manufacturers

    16. 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.

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

    17. The Eighth NPRM does not propose a rule that will entail 
reporting, recordkeeping, and/or third-party consultation.

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

    18. 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.
    19. To assist the Commission in its analysis, commenters are 
requested to provide information regarding which public safety entities 
and manufacturers would be affected by the proposed changes to the 700 
MHz public safety band plan as described in the Eighth NPRM. In 
particular, we seek estimates of how many small entities might be 
affected and whether any of the proposals under consideration would be 
too burdensome to public safety.
    20. In the Eighth NPRM, we seek data demonstrating the costs and 
benefits of modifying the 700 MHz band to accommodate public safety 
broadband operations. We have received three proposals for modifying 
the 700 MHz wideband segment to accommodate broadband. Under our 
current rules, wideband general use and interoperability channels may 
be aggregated to 150 kHz channels and conform to a data rate of 384 
kilo bits per second (kbps). Public safety entities wish to explore 
aggregation above 150 kHz in order to achieve applications requiring 
higher data rates. Pursuant to the proposed band plans, the wideband 
channels would be combined to permit aggregation up to 1.25 MHz. Some 
proponents of broadband advocate allowing public safety Regional 
Planning Committees increased flexibility to administer the wideband 
spectrum to meet communications needs on a regional basis. Increasing 
bandwidth, however, decreases the number of channels that can be used 
and may also impact public safety communications coverage, reliability 
and infrastructure costs as well as increase the risk of interference 
to narrowband voice operations. Accordingly, we seek comment on the 
costs and benefits of modifying the existing wideband plan to 
accommodate broadband communications and ask commenters to identify 
public safety broadband applications that can be deployed in a modified 
700 MHz wideband band plan.
    21. Commenters are asked to address to what extent the proposed SAM 
wideband data interoperability standard would affect the ability of 
small entities to acquire wideband and/or broadband radios, as well as 
serve the objectives of interoperability in a broadband environment. 
Under the current rules, the wideband interoperability channels are not 
available for licensing, and wideband general use radios are not 
required to operate on the wideband interoperability channels. In the 
Seventh Notice of Proposed Rulemaking, the Commission sought comment on 
adopting a wideband data interoperability standard known as ``SAM'' 
(TIA-902, Scalable Adaptive Modulation), and requiring wideband general 
use radios have the capability of operating on the wideband 
interoperability channels using SAM. The possible adoption of a 
wideband data interoperability standard would potentially require all 
public safety 700 MHz wideband and broadband radios to incorporate the 
SAM standard for use on the wideband data interoperability channels. 
Thus we seek comment on the technical, operational and cost factors 
associated with such a requirement. However if we decline to adopt the 
SAM standard, manufacturers would be free to implement other 
technologies, incompatible with the SAM standard, which arguably would 
be a lesser regulatory burden on governmental entities and 
manufacturers, but which may impact data interoperability. One 
commenter suggests we abandon the concept of wideband interoperability, 
while another suggests adopting the SAM standard on a permissive basis. 
Accordingly, we ask commenters to address the objectives of 
interoperability in a modified band plan and what measures, if any, 
should be taken to promote interoperability in a broadband environment, 
as well as refresh the record regarding the SAM standard.
    22. We have also sought comment on proposals to minimize the 
burdens of interference management on public safety entities while 
promoting efficient use of the spectrum. Under the proposed broadband 
plans, approximately two megahertz of wideband spectrum would be 
dedicated to guard bands in an effort to protect public safety 
narrowband voice operations. We seek comment on this proposal and ask 
commenters to identify alternative means to protect narrowband voice 
operations while making efficient use of the proposed guard band 
spectrum. We also ask commeters to address whether the SAM standard 
could be modified to permit efficient use of the proposed guard band 
spectrum.
    23. We also seek comment on our tentative conclusion not to modify 
the 700 MHz narrowband voice segment in light of the significant 
efforts made by public safety in planning for use of this spectrum. We 
will continue to examine alternatives in the future with the objectives 
of eliminating unnecessary regulations and minimizing any significant 
economic impact on small entities. We seek comment on significant 
alternatives commenters believe we should adopt.

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

    24. None.

III. Ordering Clauses

    25. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Eighth Notice 
of Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.


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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-5108 Filed 4-6-06; 8:45 am]
BILLING CODE 6712-01-P