[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Rules and Regulations]
[Pages 43423-43424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18239]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[WT Docket No. 98-182; FCC 10-106]


1998 Biennial Regulatory Review--Private Land Mobile Radio 
Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: In this document, the Commission denies the petition filed by 
the Personal Radio Steering Group (PRSG) regarding certain Multi-Use 
Radio Service (MURS) rules. In essence, the Commission finds that PRSG 
has not demonstrated that the changes it seeks are necessary and are in 
the public interest. Accordingly, there is no change to the CFR.

DATES: Effective July 26, 2010.

FOR FURTHER INFORMATION CONTACT: B.C. ``Jay'' Jackson, Jr., Mobility 
Division, Wireless Telecommunications Bureau, [email protected], 202-
418-1309.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Memorandum Opinion and Order on 
Reconsideration (MO&O on Recon.) in WT Docket No. 98-182, FCC 10-106, 
adopted on June 1, 2010, and released on June 7, 2010. Contemporaneous 
with this document, the Commission issues a Notice of Proposed Rule 
Making (published elsewhere in this publication). The complete text of 
this document may be downloaded from the FCC Web site (http://www.fcc.gov) at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-106A1.pdf. This document and all related Commission documents is 
also available for inspection and copying during normal business hours 
in the FCC Reference Center, 445 12th Street, SW., Washington, DC 
20554. A copy of the complete text may also be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. 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).

Synopsis

    1. In the Report and Order, 15 FCCR 16673, 16688 para. 31 (2000), 
in WT Docket No. 98-182, the Federal Communications Commission 
(``Commission'') reallocated five frequencies to the newly-created 
Multi-Use Radio Service (MURS), a two-way, short-distance, voice, data 
or image communication service for the personal or business activities 
of the general public. In response to petitions for reconsideration, 
the Commission affirmed its decision to license MURS by rule, but 
adopted additional technical restrictions designed to address concerns 
expressed by grandfathered (i.e., pre-MURS) users of the five 
frequencies. See Memorandum Opinion and Order (MO&O) at 67 FR 63279, 
October 11, 2002, in WT Docket No. 98-182. PRSG filed a petition for 
reconsideration of certain aspects of the MO&O. Specifically, PRSG 
requests that the Commission (1) reconsider prohibiting MURS radios 
from interconnecting with the public switched telephone network (PSTN); 
(2) require MURS radios to have automatic monitoring, a feature that 
prevents the radio from transmitting on a channel that is already in 
use; and (3) revisit the grandfathering privileges extended to pre-MURS 
business and industrial licensees that had facilities operating on the 
MURS frequencies.
    2. Interconnection. The Commission prohibited interconnecting MURS 
transmitters with the PSTN. It concluded that such interconnection 
would be inappropriate for MURS because of the limited number of 
channels and the importance of spectrum sharing. PRSG supports the 
prohibition on interconnection, but asserts that the regulatory 
language adopted by the Commission is imprecise and antiquated. PRSG 
argues that the rule should address issues such as connecting to 
networks other than the PSTN. No commenting party supports PRSG's 
request. The Commission finds that the interconnection prohibition 
contained in 47 CFR 95.1313 is sufficiently clear, and that no changes 
are needed.

[[Page 43424]]

    3. Monitoring. Because MURS channels are shared, the Commission 
requires operators to monitor the transmitting frequency for 
communications in progress before transmitting. PRSG argues that the 
Commission should go further and require automatic monitoring, so that 
MURS radios could transmit only after monitoring the channel for a 
specified minimum period (at least several seconds). PRSG does not 
explain why automatic monitoring is necessary for MURS. Of the other 
Personal Radio services, only the Medical Device Radiocommunications 
Service (MedRadio) has an automatic monitoring requirement. There are 
obvious differences between the two services. MedRadio is used to 
transmit medical data in support of the diagnostic and/or therapeutic 
functions associated with implanted or body-worn medical devices such 
as cardiac pacemakers and defibrillators. The automatic monitoring 
requirement helps avoid interference to these health-related 
transmissions. No such need for automatic monitoring has been 
demonstrated with respect to MURS. The Commission finds that PRSG's 
proposal should not be adopted, because imposing an automatic 
monitoring requirement could stifle innovation and raise equipment 
costs without providing any corresponding public interest benefit.
    4. Grandfathering. The Commission grandfathered and licensed by 
rule all previously licensed operations on the MURS frequencies, 
including operations that employed parameters inconsistent with the 
technical restrictions of the MURS rules. PRSG requests that the 
Commission continue to require such stations to have a license, and 
require renewal of grandfathered licenses that operate at variance with 
current and future MURS requirements. It also requests that parties 
operating under grandfathered privileges identify their stations by FCC 
call sign and that the operating parameters of these grandfathered 
licenses be contained in the FCC's publicly accessible license 
database. PRSG argues that otherwise, MURS operators have no way of 
knowing if others are operating permissibly under grandfathered 
privileges or improperly in violation of the MURS rules.
    5. Information on former licenses for the MURS frequencies 
continues to be publicly available on the Commission's Universal 
Licensing System, including licenses that have expired. Thus the public 
can search the database by frequency to locate such grandfathered 
users. Consequently, the Commission concludes that further licensing is 
not needed for MURS users to be able to identify grandfathered 
operations. The Commission also notes that requiring grandfathered 
stations to transmit a call sign could confuse MURS users.

Ordering Clauses

    6. Pursuant to sections 4(i), 4(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
303(r), notice is hereby given of the proposed amendments to parts 1, 
27, and 95 of the Commission's rules, 47 CFR parts 1, 27, and 95, as 
discussed herein, and that comment is sought on these proposals.
    7. Pursuant to sections 4(i), 303(f), 303(r), and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f), 
303(r), 332, this Memorandum Opinion and Order on Reconsideration is 
adopted.
    8. Pursuant to sections 4(i), 4(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
303(r), and Sec.  1.407 of the Commission's rules, 47 CFR 1.407, the 
petition for rulemaking filed by Garmin International, Inc., RM-10762, 
on July 22, 2003 is granted to the extent stated herein.
    9. Pursuant to sections 4(i), 4(j), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
303(r), and Sec.  1.407 of the Commission's rules, 47 CFR 1.407, the 
petition for rulemaking filed by Omnitronics, L.L.C., RM-10844, on 
December 17, 2003 is granted to the extent stated herein.
    10. Pursuant to sections 4(i) and 4(j) of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 154(j), and Sec.  1.106(j) of the 
Commission's rules, 47 CFR 1.106(j), the petition for reconsideration 
filed by the Personal Radio Steering Group in WT Docket No. 98-182 on 
November 14, 2002, is denied.
    11. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Memorandum 
Opinion and Order on Reconsideration, including the Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-18239 Filed 7-23-10; 8:45 am]
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