[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Proposed Rules]
[Pages 3064-3069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-938]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 09-19; RM-11514; RM-11531; FCC 10-203]
Travelers Information Stations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Notice of Proposed Rulemaking (NPRM) solicits comment on
whether to modify the existing rules governing the licensing and
operation of Travelers' Information Stations (TIS) to expand the scope
of permitted operations. By initiating this proceeding, the Federal
Communications Commission (the Commission) grants petitions for
rulemaking filed by Highway Information Systems, Inc. (HIS) and the
American Associations of State Highway and Transportation Officials
(AASHTO) requesting the commencement of a proceeding to amend the TIS
rules.
DATES: Submit comments on or before February 18, 2011. Submit reply
comments March 7, 2011.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments. 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. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1
(1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
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. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours
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 must be addressed to 445 12th Street, SW., Washington DC 20554.
FOR FURTHER INFORMATION CONTACT: Eric Ehrenreich, Public Safety and
Homeland Security Bureau, at (202) 418-1726, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554; or via the
Internet to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
and Notice of Proposed Rulemaking in PS Docket No. 09-19, adopted on
December 29, 2010, and released on December 30, 2010. The complete text
of this document is available for inspection and copying during normal
business hours in the FCC Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554. This document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., in person at 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, via telephone at (202) 488-5300, via
facsimile at (202) 488-5563, or via e-mail at [email protected].
Alternative formats (computer diskette, large print, audio cassette,
and Braille) are available to persons with disabilities or by sending
an e-mail to [email protected] or calling the Consumer and Governmental
Affairs Bureau at (202) 418-0530, TTY (202) 418-0432. This document is
also available on the Commission's Web site at http://www.fcc.gov.
I. Introduction
1. In this NPRM, the Commission solicits comment on whether to
modify the existing rules governing the licensing and operation of TIS
to expand the scope of permitted operations. Since the inception of TIS
in 1977, the Commission has authorized TIS operations to permit Public
Safety Pool eligible entities to transmit noncommercial travel-related
information to motorists on a localized basis. However, certain parties
and licensees have sought to expand the scope of TIS operations in
order to transmit more general alerts and public safety-related
information to the public, including non-motorists. By initiating this
proceeding, the Commission grants petitions for rulemaking filed by HIS
and the AASHTO requesting the commencement of a proceeding to amend the
TIS rules. The Commission denies the petition for declaratory ruling
regarding TIS filed by American Association of Information Radio
Operators (AAIRO), but incorporate the issues raised in AAIRO's
petition into this rulemaking proceeding.
II. Background
2. The Commission promulgated TIS operations in 1977 in order to
``establish an efficient means of communicating certain kinds of
information to travelers over low power radio transmitters licensed to
Local Government entities.'' The Commission specifically noted that
such stations had been used to reduce traffic congestion and to
transmit ``road conditions, travel restrictions, and weather forecasts
to motorists.'' Further, the Commission anticipated that such stations
also would be used to ``transmit travel related emergency messages
concerning natural disasters (e.g., forest fires, floods, etc.),
traffic accidents and hazards, and related bulletins affecting the
immediate welfare of citizens.''
3. Commercial broadcasters opposed the creation of TIS, claiming
that it would duplicate information provided by commercial broadcasts,
including ``comprehensive weather reports, reports of traffic
conditions, names of gasoline stations, restaurants, and lodging
conveyed through advertising.'' The broadcasters worried that this
would siphon off advertising revenues. Other licensees averred that TIS
operations would cause impermissible interference with their
operations.
4. To address these concerns, the Commission prohibited TIS
operators from transmitting ``commercial'' messages and emphasized that
strict limits would be placed on other operational aspects of TIS
licenses,
[[Page 3065]]
including authorized power levels. Regarding the former, the Commission
stated that: ``No commercial operation of these stations is intended or
permitted.'' The Commission also adopted power and transmitter coverage
limitations to ensure that TIS operations typically would be confined
to the immediate vicinity of specified, travel-related areas. The
Commission imposed this transmitter location restriction with the
objective of limiting service to ``the traveler in the immediate
vicinity of the station.'' Although the Commission did not preclude TIS
operations from multiple transmitters, each TIS site is expected to
provide specifically targeted information restricted to the immediate
vicinity of certain areas specified by the rules. Multiple TIS site
operations working on a network concept would not be allowed.
Additionally, TIS licensees operate predominantly on a secondary basis,
and their operations may ``be suspended, modified, or withdrawn by the
Commission without prior notice or right to hearing if necessary to
resolve interference conflicts.''
5. TIS stations are authorized on a primary basis on 530 kHz and on
a secondary basis in the 535-1705 kHz band, all of which is receivable
with an AM radio. TIS operates on a low power basis: maximum output
power is 50 watts with a cable antenna and 10 watts with a traditional
radiating antenna. TIS stations may only transmit ``noncommercial voice
information pertaining to traffic and road conditions, traffic hazard
and travel advisories, directions, availability of lodging, rest stops
and service stations, and descriptions of local points of interest.''
Finally, TIS transmitting sites are restricted to ``the immediate
vicinity of * * * [a]ir, train, and bus transportation terminals,
public parks and historical sites, bridges, tunnels, and any
intersection of a Federal Interstate Highway with any other Interstate,
Federal, State, or local highway.''
6. The Commission has not undertaken a major amendment of the TIS
rules since their inception. However, in an effort to address apparent
operational limitations imposed by the current TIS rules, a few TIS
operators have acted on their own accord to expand the scope of TIS
content and operations. This has resulted in at least one Commission
enforcement action. Other TIS operators and their sponsors have sought
to expand the scope of TIS operations through rule waiver requests. In
this proceeding, the Commission considers the petitions filed by HIS,
AAIRO, and AASHTO that seek rule changes or clarification of the scope
of the Commission's current TIS rules.
7. On July 16, 2008, HIS filed a petition for rulemaking (HIS
Petition) to amend the TIS rules. The HIS Petition requests that the
Commission: (1) Re-title TIS as the ``Local Government Radio Service;''
(2) expand the permissible use rule in section 90.242(a)(7) to
``provide that stations in the local government radio service may be
used to broadcast information of a non-commercial nature as determined
by the government entity licensed to operate the station and other
government entities with which the licensee cooperates;'' and (3)
``eliminate the limitation on the sites for local government radio
stations that confines such stations to areas near roads, highways and
public transportation terminals.''
8. On September 9, 2008, AAIRO filed a petition for declaratory
ruling (AAIRO Petition). The AAIRO Petition asks for (1) a ``[r]uling
that any message concerning the safety of life or protection of
property that may affect any traveler or any individual in transit or
soon to be in transit, may be transmitted on Travelers' Information
Stations, at the sole discretion of officials authorized to operate
such stations;'' and (2) ``a clear directive that such messages, by
definition, are expressly included in the permissible content
categories defined by 47 CFR 90.242(a)(7).'' In its petition, AAIRO
states that such a declaration would allow the broadcast of a wide
range of information over TIS, including NOAA Weather Radio
retransmissions, AMBER Alerts, alternate phone numbers when local 911
systems fail, terror threat alert levels, public health warnings ``and
all manner of civil defense announcement.'' AAIRO, however, does not
seek any expansion of TIS operational limitations currently imposed by
the Commission's rules.
9. On March 16, 2009, AASHTO filed a petition for rulemaking
seeking revision of the TIS rules to permit the transmission of AMBER
Alerts and information regarding the availability of 511 services.
10. On February 13, 2009, the Public Safety and Homeland Security
Bureau (Bureau) released a public notice seeking comment on the HIS and
AAIRO Petitions. The comment period on those petitions closed on March
30, 2009, with 61 comments received. On April 23, 2009, the Bureau
released a public notice seeking comment on the AASHTO Petition. The
comment period on that petition closed on June 8, 2009, with 11
comments received.
III. Order
11. The Commission first addresses the AAIRO petition for
declaratory ruling. As noted above, AAIRO seeks (1) a ``[r]uling that
any message concerning the safety of life or protection of property
that may affect any traveler or any individual in transit or soon to be
in transit, may be transmitted on Travelers' Information Stations, at
the sole discretion of officials authorized to operate such stations;''
and (2) ``a clear directive that such messages, by definition, are
expressly included in the permissible content categories defined by 47
CFR 90.242(a)(7).'' Under AAIRO's proposed interpretation the current
TIS rules would allow the broadcast of a wide range of information over
TIS, including NOAA Weather Radio retransmissions, AMBER Alerts,
alternate phone numbers when local 911 systems fail, terror threat
alert levels, public health warnings, and other civil defense
announcements.
12. The Commission concludes that a declaratory ruling is not the
appropriate vehicle to decide the issues raised by AAIRO, and it
therefore denies the AAIRO Petition. Pursuant to section 1.2 of the
Commission's rules, the Commission may issue a declaratory ruling for
purposes of ``terminating a controversy or removing uncertainty.''
However, a declaratory ruling may not be used to substantively change a
policy. Section 90.242(a)(7) states that TIS stations may only transmit
``noncommercial voice information pertaining to traffic and road
conditions, traffic hazard and travel advisories, directions,
availability of lodging, rest stops and service stations, and
descriptions of local points of interest.'' The Commission concludes
that accepting AAIRO's proposed interpretation of the current rules
would expand the scope of permitted communications so significantly as
to constitute a change in policy. While some of the types of
communications AAIRO cites could arguably fall within the scope of the
existing rules, other examples cited in the petition--such as NOAA
transmissions, alternate phone numbers to 911, terror threat alert
levels, and public health warnings--do not appear to be ``travel
related'' as contemplated by the plain language of the TIS rules.
Indeed, the Commission previously issued a notice of violation for
retransmission of NOAA broadcasts over a TIS transmitter.
13. For these reasons, the Commission denies AAIRO's petition.
AAIRO's petition, however, raises matters that are relevant to the
general thrust of this proceeding to consider expanding the
[[Page 3066]]
travel-related scope of the TIS rules. In fact, these issues overlap
with issues raised by the HIS and AASHTO petitions concerning possible
changes to the scope of information content transmitted by TIS.
Accordingly, the Commission finds that it is in the public interest to
address the issues raised by the AAIRO Petition and, on its own motion,
it does so as part of the NPRM below.
IV. Notice of Proposed Rulemaking
14. In this NPRM, the Commission seeks to determine whether
expansion of the content and location restrictions in the TIS rules
would create significant public benefit. To varying degrees, AAIRO,
HIS, and AASHTO all contend that conditions have sufficiently changed
since the Commission promulgated the TIS rules in 1977 that some
expansion of the rules would be in the public interest. However, the
changes proposed by the three organizations differ from one another in
scope. The Commission therefore seeks comment on the specific changes
to the TIS rules proposed by each petitioner, and on the overall
approach that the Commission should take. Should the Commission
significantly expand the scope of permitted communications and alerts
by local governments on TIS stations, or should it adopt more limited
changes that are consistent with the traditional travel-related focus
of TIS?
A. Issues Raised by the AAIRO Petition
15. Initially, the Commission seeks comment on AAIRO's suggestion
that the Commission should allow TIS stations to broadcast information
including NOAA Weather Radio retransmissions, AMBER Alerts, alternate
phone numbers when local 911 systems fail, terror threat alert levels,
public health warnings, and civil defense announcements. Many
commenters, most of them emergency managers and first responders,
supported the AAIRO petition. Many of these commenters also indicate
their desire to utilize TIS transmitters for the uses suggested by
AAIRO, as well as a number of other uses. The Commission seeks comment
on expanding the scope of the TIS rules to allow a broader array of
government information and alerts. Should the Commission identify
specific services, such as AMBER Alerts and NOAA weather broadcasts, in
the TIS services rules? What limits, if any, should the Commission
place on information allowed to be transmitted over TIS?
16. The Commission also seeks comment on whether expansion of the
TIS rules as proposed by AAIRO would have any adverse effect on
commercial broadcasting. AAIRO states that allowing the uses it
proposes will not lead to any competition with commercial broadcasters.
The National Association of Broadcasters (NAB), however, opposes the
uses proposed by AAIRO, stating that the AAIRO petition does ``not
provide sufficient evidence to justify approval of their requests for a
fundamental transformation of [TIS] operations.''
17. AASHTO also raises concerns about expanding the scope of
information transmitted over TIS. AASHTO notes that since the original
TIS rules were adopted in 1977, ``there has been an explosion in the
amount of information to which travelers may have access,'' and
proposes that the Commission should re-focus the type of information
that should be permitted on TIS stations to include information
intended to promote situational awareness * * *.''
18. AASHTO also asserts that routine rebroadcast of NOAA weather
information would ``have a severe affect on the [TIS] service's ability
to carry official urgent information in the event of an emergency.''
AASHTO, however, states that it ``supports the ability of a TIS
licensee to transmit information regarding [non-routine] adverse
conditions.'' In that regard, AASHTO urges the Commission to clarify
that current FCC rules allow rebroadcast of NOAA weather radio on TIS
only if ``initiated through the reception of an encoded SAME
transmission containing a weather message event code'' which will
terminate on the earlier of (1) receipt of an encoded SAME message
canceling the event code, or (2) the passage of six hours.
19. The Commission seeks comment on AASHTO's position and the
distinction it makes between the rebroadcast over TIS of routine versus
non-routine NOAA weather reports. The Commission asks commenters to
frame their comments in the context of: (1) The TIS service rules and
whether they should be expanded to make a clear accommodation for non-
routine NOAA reports; and (2) sections 90.405(a)(1) and 90.407 of the
Commission's rules, which allow for, respectively, the transmission
over the TIS service of ``emergency communications'' under certain
circumstances and ``any communications related directly to the imminent
safety-of-life or property.'' Are the existing part 90 rules sufficient
for the Commission to clarify that non-routine NOAA reports over TIS
permitted, as AASHTO requests? The Commission clarifies that it is not
proposing to declare permissible under its existing rules anything that
would be within the scope of its previous enforcement action against
retransmission of NOAA broadcasts.
B. HIS Petition
20. The HIS Petition asks that the Commission (1) Re-title the TIS
service rules as ``Local Government Radio Service,'' (2) expand the
permissible use rule in section 90.242(a)(7) to ``provide that stations
in the local government radio service may be used to broadcast
information of a non-commercial nature as determined by the government
entity licensed to operate the station and other government entities
with which the licensee cooperates,'' and (3) ``eliminate the
limitation on the sites for local government radio stations that
confines such stations to areas near roads, highways and public
transportation terminals.''
21. In support of these proposed changes to the TIS rules, HIS
states that the Commission actively promotes policies to ``enhance the
reliability, resiliency, and security of emergency alerts to the public
by requiring that alerts be distributed over diverse communications
platforms,'' and that ``TIS stations provide a means of communicating
with all Americans since only an AM radio is necessary to receive these
communications. * * * TIS stations provide a communications channel
that is diverse and redundant.'' HIS further notes that many ``TIS
stations are solar-powered and/or have battery backup systems and as a
result they continue to operate during a power blackout.''
22. Eleven of seventeen commenters supported the HIS Petition. The
majority of the supporting commenters provide additional perspectives
on how the TIS service could be used should the Commission determine to
revise the rules per the HIS petition.
23. ``Local Government Radio Service.'' HIS urges the Commission to
re-title the TIS service rules as ``Local Government Radio Service,''
because it is ``more consistent with the broader interests and
responsibilities of the government.'' HIS states that given ``the
highly localized nature of these stations, the particular content
broadcast on a station will be best determined by the government entity
with jurisdiction over that specific location.'' Middletown Township
also supports a change of the service's name to reflect ``less
restrictive transmitter siting'' as well as expanded content.
24. APCO opposes the proposed name change to ``Local Government
Radio Service,'' as this was the previous name of a part 90, land
mobile radio service.
[[Page 3067]]
As an alternative, APCO suggests ``Local Government AM Radio Service.''
Texas DOT states that ``we do not support changing the radio service
name to `Local Government Radio Service' as * * * some agencies may be
tempted to broadcast programming which may belong on news media
broadcasts rather than a government warning or alert system.'' The
Commission seeks comment on whether it should retain or change the name
of the TIS service. Could a name change inadvertently induce TIS
licensees to broadcast messages more appropriately delivered by local
media broadcasters?
25. Section 90.242(a)(7)(permissible use rule). Given the highly
localized content of TIS broadcasts, HIS also urges amendment of
section 90.242(a)(7) to ensure that editorial control over the content
of TIS broadcasts rests squarely with the government entity licensed to
operate the station. HIS states that the government entity licensed to
operate the station should have discretion to use the TIS service to
broadcast any information of a noncommercial nature. HIS's proposal
would appear to expand the existing scope of TIS to encompass
information pertinent to non-travelers.
26. Middletown Township supports the HIS Petition and notes
possible benefits to an expansion of section 90.242(a)(7):
While the primary purpose of the TIS station is for emergency
travel notifications and evacuation information when other media are
limited or unavailable, the station also could effectively provide,
to non-traveling residents, emergency readiness information related
to the county-wide programs noted above, advice on preparation for
emergencies, local-area relevant safety announcements related to
approaching weather and developing hazards, power outage and
restoration information, community announcements, tourist
information, and information about the township's history,
environment and parks. This latter public interest information would
serve to develop listener awareness of the station so that when an
emergency develops, the public is already attuned to this valuable
information source.
Conversely, NAB opposes the HIS Petition, stating that, ``HIS Inc.
cites only two instances in which licensees sought unsuccessfully to
use TIS operations for prohibited purposes [energy conservation message
and NWS forecast loop]. * * * Two examples do not establish that the
Commission's long-standing regulations on TIS operations are
unwarranted and certainly do not justify wholesale changes to this
service.'' NAB further argues that given the ``low-power service with
an extremely limited, highly targeted reception area * * * contrary to
HIS Inc.'s suggestion that [its proposed amendments] would improve
emergency alerting, [they] would not have any significant benefit for
the public.'' Similarly, AASHTO opposes the HIS Petition, stating that
``the changes proposed by * * * HIS would inadvisably broaden the type
of information that TIS licensees may transmit, potentially diluting
the value of the service.''
27. The Commission seeks comment on whether and to what extent the
changes proposed by HIS would or should alter the Commission's
requirement for a nexus between TIS transmissions and traveling
motorists. Several commenters contend that the changes proposed by HIS
would amount to a de facto elimination of the TIS service as presently
constituted. The Commission seeks comment on whether the public
interest would be served by expanding the scope to include the
broadcast of all non-commercial information or whether it is preferable
to limit the scope of the changes to emergency alerts only, or some
other subset of permissible content. Would it be possible to expand the
scope of TIS as proposed by HIS while retaining the travel-nexus
requirement? If not, would any subsequent restrictions placed on the
scope of permissible TIS transmissions by government entities licensed
to use TIS diminish their ability to communicate information of local
concern to travelers? Would an expansion of the TIS service to include
all non-commercial information affect the reliability of emergency
alerts transmitted via TIS? Does continuing to require a traveler-
related nexus serve the public interest? With respect to Middletown
Township's argument that TIS stations could provide tourist information
and information on local landmarks, the Commission notes that the TIS
rules already expressly allow for the broadcasting of tourist
information, such as directions, availability of lodging, and points of
interest. If the travel-related nexus should be retained, the
Commission seeks comment on the extent, if any, to which the type of
information broadcast over the TIS service might be broadened without
``diluting'' the value of the service to travelers.
28. Operational Limitations. HIS asks that ``the Commission
eliminate the limitation on the sites for local government radio
stations that confines such stations to areas near roads, highways and
public transportation terminals.'' HIS states that the local government
licensee should have the discretion to determine site locations,
provided that the interference criteria are met with respect to
commercial AM radio station.
29. Hatfield & Dawson Consulting Engineers raise interference
concerns regarding HIS's proposal to eliminate the TIS transmitter site
limitation, claiming that it:
seeks a change in the rules which almost surely would result in
substantial numbers of additional TIS facilities. The result would
be a general increase in the background or ambient radio frequency
noise levels in the medium wave ``AM'' broadcast band. This has a
potential for increasing the overall level of interference to
nighttime operation in the medium wave ``AM'' broadcasting band.
With regard to interference concerns from expanded TIS operations,
HIS indicates that there has been ``[no] showing of harmful
interference'' were the Commission to implement its requested changes
to the TIS service. The Commission seeks comment on HIS's assertion. Do
the section 90.242 interference protection standards adequately protect
AM stations? Should the Commission adopt specific second- and third-
adjacent channel protection standards to ensure lack of interference to
AM stations? To what extent could TIS broadcast locations be expanded
without resulting in harmful interference to other licensees? Even if
the risk of harmful interference resulting from expanded TIS broadcast
operations is minimal, to what extent would those changes be of any
practical usefulness given the limitations on power output presently
established in the TIS rules? Would those power output limitations also
need to be relaxed in order to provide local governments with any
benefits? If power output limitations are relaxed, what rule changes
are necessary to ensure that AM stations are adequately protected? Are
there any other technical rules that would need to be changed?
30. Ribbon Systems. AASHTO suggests that ``instead of changing the
geographic limitations as HIS suggest, the FCC should consider the
elimination of the TIS rules' restriction on `ribbon systems.' ''
AASHTO argues that ``such ribbon systems could be useful in providing
alternative route information to alleviate congestion and manage the
flow of traffic during emergencies,'' such as ``in the event of an
evacuation due to a natural or manmade disaster.'' AASHTO continues,
``[t]emporary TIS stations could be installed along evacuation routes
to provide critical information regarding the availability of temporary
emergency facilities and information regarding evacuation areas.'' The
Commission seeks comment on AASHTO's suggestion regarding ribbon
systems in response to the HIS Petition.
[[Page 3068]]
31. The Commission notes that it currently ``precludes an applicant
from setting up a `network,' or `ribbon' of transmitting stations along
a highway for the purpose of continuously attracting a motorist with
what could be superfluous information.'' Do users envision a ribbon
system of TIS stations transmitting unique information applicable to
each transmitter's immediate area, or a system of stations transmitting
in a synchronized mode, where all TIS stations transmit the same
message in unison? In the latter scenario, it would not be possible for
information to be tailored to the immediate area of each TIS
transmitter. How is the latter scenario justified in light of the
Commission's intent to ensure that the TIS service is not used to
attract travelers with what could be superfluous or redundant
information? On the other hand, could AASHTO's examples and other
potential uses for ribbons systems provide benefits that outweigh the
Commission's original intent?
32. AASHTO argues that ``the Commission should recognize that the
rules should be modified to permit transmission over broader areas than
now permitted.'' It notes, for example, that ``the area encompassed by
NOAA SAME [Specific Area Message Encoder] broadcasts generally exceeds
the current coverage area of a TIS station.'' Section 90.242(b)(4)(iv)
specifies that the field strength of TIS stations may ``not exceed 2
mV/m when measured with a standard field strength meter at a distance
of 1.50 km (0.93 miles) from the transmitting antenna system.'' AASHTO
notes that, ``[w]hen the Commission set the field strength requirements
for this service, the national speed limit was 55 miles per hour.''
AASHTO contends that ``[a] vehicle traveling at this speed would be
within the effective service area for approximately two (2) minutes.''
AASHTO notes that ``[s]ince 1977, the national speed limit was
rescinded with the last states reverting to 65-70 mile per hour speed
limits.'' Given higher speeds, vehicles would be within TIS service
areas for shorter durations. AASHTO asserts that ``the 2mV/M radiated
power limitation effectively limits the amount of information that may
be transmitted by a single location to approximately 90 seconds
including station identification.''
33. The Commission notes that its Public Safety and Homeland
Security Bureau has issued waivers of the field strength limit to
permit TIS transmitters to reach broader areas. The Commission seeks
comment on AASHTO's suggestion regarding field strength in response to
the HIS Petition. Is the field strength limit necessary to protect AM
broadcast stations and other TIS stations from interference when other
technical limitations exist in the rules, such as power limits, antenna
height limits, and minimum spacing requirements between TIS
transmitters and AM broadcaster contours? Is the field strength limit
only needed because of the present requirement to provide specific
information to the ``immediate vicinity'' of areas listed in section
90.242(a)(5)? Would this limit be unnecessary if TIS stations were to
be permitted to provide more general information that is applicable to
broader areas? If the Commission allows TIS stations to serve broader
areas, what should the new field strength limit be, if any? Would a
relaxed field strength limit frustrate the purpose of the Commission's
spacing requirements between co-channel TIS stations as set forth in
section 90.242(b)(5) of the Commission's rules? Would additional
technical or operational changes be necessary if the field strength
limits were amended?
34. Low-Power FM. In comments, the Local Government Licensees
(Wilmington, Delaware; Fairfax, Virginia; and Hanover County, Virginia)
contend that the Commission's rules should be expanded to permit TIS
stations to transmit a broader scope of noncommercial information, such
as ``official notices and related communications,'' similar to
government-operated low-power FM stations. The Commission seeks comment
on this viewpoint.
C. AASHTO Petition
35. AASHTO's petition seeks expansion of the present scope of the
TIS rules to allow the broadcasting of AMBER Alerts and information
about the availability of 511 services. The Commission received eleven
comments on the AASHTO Petition. Nine comments were in full support,
and one was neutral. AAIRO was the sole commenter in opposition,
contending that the relief sought by AASHTO could be obtained by
granting AAIRO's declaratory ruling petition.
36. The Commission seeks further comment on AASHTO's proposal to
allow AMBER alerts and 511 service information. As noted above in
denying AAIRO's petition, these issues are not appropriate for
resolution by declaratory ruling, but they are suitable for action by
rulemaking. The Commission therefore seeks comment on whether it should
amend the TIS rules to allow these specific applications.
V. Procedural Matters
A. Paperwork Reduction Act
37. 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 47 U.S.C.
3506(c)(4).
B. Ex Parte Presentations
38. The inquiry this Notice initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making oral ex parte presentations are reminded
that memoranda summarizing the presentations must contain summaries of
the substance of the presentations and not merely a listing of the
subjects discussed. More than a one or two sentence description of the
views and arguments presented generally is required. Other requirements
pertaining to oral and written presentations are set forth in section
1.1206(b) of the Commission's rules.
C. Comment Filing Procedures
39. Pursuant to Sec. Sec. 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 the dates indicated on the first page of
this document. 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. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1
(1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
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. All filings must be addressed to the Commission's
Secretary, Office of the
[[Page 3069]]
Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours
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 must be addressed to 445 12th Street, SW., Washington DC 20554.
40. 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).
VI. Ordering Clauses
41. Accordingly, it is ordered that pursuant to sections 4(i) and
303 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and
303, this Notice of Proposed Rulemaking is adopted.
42. It is further ordered that pursuant to sections 4(i) and 303 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303,
the petitions for rulemaking filed by Highway Information Systems,
Inc., on July 16, 2008, and the American Association of State Highway
and Transportation Officials on March 16, 2009, are granted to the
extent indicated herein.
43. It is further ordered that pursuant to sections 4(i) and 303 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303,
the petition for ruling filed by the American Association of
Information Radio Operators filed on September 9, 2008, is denied.
44. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
45. It is further ordered that pursuant to applicable procedures
set forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments on this Notice
of Proposed Rulemaking on or before 30 days after publication in the
Federal Register, and interested parties may file reply comments on or
before 45 days after publication in the Federal Register.
Bulah P. Wheeler,
Deputy Manager, Federal Communications Commission.
[FR Doc. 2011-938 Filed 1-18-11; 8:45 am]
BILLING CODE 6712-01-P