[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Rules and Regulations]
[Pages 19387-19390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7252]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 99-87; RM 9332; FCC 07-39]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) declines, for now, to establish a schedule for 
Private Land Mobile Radio (PLMR) systems in the 150-174 MHz and 421-512 
MHz bands to transition to 6.25 kHz technology; and revises the 
implementation date of the 6.25 kHz requirement for equipment 
certification from January 1, 2005 to January 1, 2011.

DATES: Effective May 18, 2007.

FOR FURTHER INFORMATION CONTACT: Melvin Spann, [email protected], 
Mobility Division, Wireless Telecommunications Bureau at (202) 418-
1333.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Third Report and Order in WT Docket No. 99-
87 (Third Report and Order), FCC 07-39, adopted on March 22, 2007, and 
released on March 26, 2007. The full text of this document is available 
for inspection and copying during normal business hours in the FCC 
Reference Information 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 sending an e-mail to [email protected] or by calling the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    1. The Third Report and Order addresses issues raised in the Second

[[Page 19388]]

Report and Order and Second Further Notice of Proposed Rule Making, 
(2nd R&O and 2nd FNPRM) and Third Memorandum Opinion and Order, Third 
Further Notice of Proposed Rule Making and Order (3rd MO&O, 3rd FNPRM 
and Order) in this proceeding. The Commission takes the following 
significant actions in the Third Report and Order: (i) declines to 
establish a schedule for PLMR systems in the 150-174 MHz and 421-512 
MHz bands to transition to 6.25 kHz technology, and (ii) revises the 
implementation date of the 6.25 kHz requirement for equipment 
certification from January 1, 2005 to January 1, 2011.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    2. The Third Report and Order does not contain any new or modified 
information collection requirements 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).

B. Report to Congress

    3. The Commission will send a copy of this Third Report and Order 
in a report to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act (RFA), see 5 
U.S.C. 604, the Commission has prepared a Final Regulatory Flexibility 
Analysis (FRFA) of the possible impact of the rule changes contained in 
this Third Report and Order on small entities. The Commission's 
Consumer Information Bureau, Reference Information Center, will send a 
copy of this Third Report and Order, including the FRFA Analysis, to 
the Chief Counsel for Advocacy of the Small Business Administration.
Need for, and Objectives of, the Third Report and Order
    5. The Third Report and Order addresses comments in response to the 
Third Further Notice of Proposed Rule Making, in WT Docket 99-87; FCC 
04-292 at 70 FR 34666, concerning a contemplated mandatory transition 
to 6.25 kHz technology for Private Land Mobile Radio (PLMR) users. In 
the Third Report and Order, we change the implementation date of 47 CFR 
90.203(j)(4)-(5) from January 1, 2005, to January 1, 2011. The rule 
change reduces burdens on equipment manufacturers and furthers the 
Commission's objectives to encourage the development and use of 
increasingly spectrally efficient technology. Once the rule change 
becomes effective, applications for equipment certification received on 
or after January 1, 2011, will be granted only if the equipment either 
(1) is capable of operating on 6.25 kHz channels, or (2) meets a 
narrowband efficiency standard, i.e., one channel per 6.25 kHz (voice) 
or 4800 bits per second per 6.25 kHz (data).
Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA
    6. No comments or reply comments were filed in direct response to 
the IRFA. The Commission has, however, reviewed the general comments 
that may impact small businesses. Much of the potential impact on small 
businesses arose from the previous requirement that applications for 
equipment certification received on or after January 1, 2005, will be 
granted only if the equipment either (1) is capable of operating on 
6.25 kHz channels, or (2) meets a narrowband efficiency standard, i.e., 
one channel per 6.25 kHz (voice) or 4800 bits per second per 6.25 kHz 
(data). The burdens and hardships associated with equipment 
manufacturers meeting this requirement were cited in opposition to this 
requirement.
Description and Estimate of the Number of Small Entities To Which Rules 
Will Apply
    7. 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). Nationwide, there are a total of approximately 
22.4 million small businesses, according to SBA data. 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 2002, there were approximately 1.6 million small 
organizations. The term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, towns, townships, villages, 
school districts, or special districts, with a population of less than 
fifty thousand.'' Census Bureau data for 2002 indicate that there were 
87,525 local governmental jurisdictions in the United States. We 
estimate that, of this total, 84,377 entities were ``small governmental 
jurisdictions.'' Thus, we estimate that most governmental jurisdictions 
are small.
    8. The rule change effectuated by this Third Report and Order 
applies to manufacturers of radio equipment designed to operate on 
private land mobile frequencies in the 150-174 MHz and 421-512 MHz 
bands. The rule change and decisions herein also have a nominal, merely 
indirect application to users of Public Safety Radio Pool services and 
private radio licensees that are regulated under part 90 of the 
Commission's rules.
    9. Equipment Manufacturers. We anticipate that at least six radio 
equipment manufacturers will be affected by our decisions in this 
proceeding. The Census Bureau defines this category as follows: ``This 
industry comprises establishments primarily engaged in manufacturing 
radio and television broadcast and wireless communications equipment. 
Examples of products made by these establishments are: transmitting and 
receiving antennas, cable television equipment, GPS equipment, pagers, 
cellular phones, mobile communications equipment, and radio and 
television studio and broadcasting equipment.'' The SBA has developed a 
small business size standard for Radio and Television Broadcasting and 
Wireless Communications Equipment Manufacturing, which is: all such 
firms having 750 or fewer employees. According to Census Bureau data 
for 2002, there were a total of 1,041 establishments in this category 
that operated for the entire year. Of this total, 1,010 establishments 
had employed less than 500, and an additional 13 had employed 500 to 
999. Thus, under this size standard, the majority of firms can be 
considered small.
    10. Public safety 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

[[Page 19389]]

(wireless) companies that encompass 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. 
As noted, under the RFA, the term ``small governmental jurisdiction'' 
is defined generally as ``governments of cities, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' Census Bureau data for 2002 indicate that 
there were 87,525 local governmental jurisdictions in the United 
States. We estimate that, of this total, 84,377 entities were ``small 
governmental jurisdictions.'' Thus, we estimate that most governmental 
jurisdictions are small.
    11. 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 Commission 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. The SBA has developed a small business size standard for 
wireless firms within the two broad economic census categories of 
``Paging'' and ``Cellular and Other Wireless Telecommunications.'' 
Under both categories, the SBA deems a wireless business to be small if 
it has 1,500 or fewer employees. For the census category of Paging, 
Census Bureau data for 2002 show that there were 807 firms in this 
category that operated for the entire year. Of this total, 804 firms 
had employment of 999 or fewer employees, and three firms had 
employment of 1,000 employees or more. Thus, under this category and 
associated small business size standard, the majority of firms can be 
considered small. For the census category of Cellular and Other 
Wireless Telecommunications, Census Bureau data for 2002 show that 
there were 1,397 firms in this category that operated for the entire 
year. Of this total, 1,378 firms had employment of 999 or fewer 
employees, and 19 firms had employment of 1,000 employees or more. 
Thus, under this second category and size standard, the majority of 
firms can, again, be considered small. Thus, under this size standard, 
the majority of firms can be considered small. 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 Commission'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.
Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements for Small Entities
    12. Equipment manufacturers need to make note of the new 
implementation date of January 1, 2011, for 47 CFR 90.203(j)(4)-(5) of 
the Commission's Rules, as established in this Third Report and Order. 
Applications for equipment certification and received on or after 
January 1, 2011, will be granted only if the equipment either (1) is 
capable of operating on 6.25 kHz channels, or (2) meets a narrowband 
efficiency standard, i.e., one channel per 6.25 kHz (voice) or 4800 
bits per second per 6.25 kHz (data). We believe that both small and 
large entities will encounter the same proportional costs to comply 
with these requirements.
Steps Taken To Minimize the 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 developing its 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 and reporting requirements under the rule for such 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 
such small entities.''
    14. The only rule change we adopt herein is to delay the 
implementation date of our certification requirements from January 1, 
2005, to January 1, 2011. Applications for equipment certification 
received on or after January 1, 2011, will be granted only if the 
equipment either (1) is capable of operating on 6.25 kHz channels, or 
(2) meets a narrowband efficiency standard, i.e., one channel per 6.25 
kHz (voice) or 4800 bits per second per 6.25 kHz (data). This rule 
change reduces the impact on equipment manufacturers of the prior rule, 
which required compliance sooner. We delayed the implementation date 
because a majority of commenters believed that enforcing an equipment 
authorization cut-off now would place onerous burdens on manufacturers. 
We anticipate that small licensees will experience little impact as a 
result of this rule change. By 2011, licensees in the market for new 
equipment will have a choice between 12.5 kHz-capable and 6.25 kHz-
capable equipment.
    15. We investigated alternatives to the January 1, 2011, 
implementation date of our certification requirements, including 
elimination of the requirements, as requested by some commenters. We 
rejected earlier dates because they might not allow enough time for 
6.25 kHz standards to be finalized. We believe that earlier dates would 
not provide significant relief to equipment manufacturers, and that 
they would incur excessive costs to meet our certification 
requirements. Next, we considered dates after 2011, as well as 
eliminating our 6.25 kHz equipment certification requirements 
completely. While we realize that these options would further minimize 
the economic impact on equipment manufacturers, we rejected these 
options they would excessively delay our objective to encourage the 
development and use of spectrally efficient technology.

D. Report to Congress

    16. The Commission will send a copy of this Third Report and Order 
in WT Docket No. 99-87, including the Final Regulatory Flexibility 
Analysis, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Third Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the SBA. A 
copy of the Third Report and Order and the Final Regulatory Flexibility 
Analysis (or summaries thereof) will also be published in the Federal 
Register.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 90 as follows:

[[Page 19390]]

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), and 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. Amend Sec.  90.203 by revising paragraph (j)(4) introductory text 
and paragraph (j)(5); and removing paragraph (j)(6); and by 
redesignating paragraphs (j)(7) through (j)(11) as (j)(6) through 
(j)(10) to read as follows:


Sec.  90.203  Certification required.

* * * * *
    (j) * * *
    (4) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, 
and/or 421-512 MHz bands, received on or after January 1, 2011, except 
for hand-held transmitters with an output power of two watts or less, 
will only be granted for equipment with the following channel 
bandwidths:
* * * * *
    (5) Applications for part 90 certification of transmitters designed 
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, 
and/or 421-512 MHz bands, received on or after January 1, 2011, must 
include a certification that the equipment meets a spectrum efficiency 
standard of one voice channel per 6.25 kHz of channel bandwidth. 
Additionally, if the equipment is capable of transmitting data, has 
transmitter output power greater than 500 mW, and has a channel 
bandwidth of more than 6.25 kHz, the equipment must be capable of 
supporting a minimum data rate of 4800 bits per second per 6.25 kHz of 
channel bandwidth.
* * * * *
[FR Doc. E7-7252 Filed 4-17-07; 8:45 am]
BILLING CODE 6712-01-P