[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Proposed Rules]
[Pages 10295-10299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4058]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 06-229; WT Docket 06-150; WP Docket 07-100; FCC 11-6]
Implementing a Nationwide, Broadband, Interoperable Public Safety
Network in the 700 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission seeks comments on the
development of a technical interoperability framework for the
nationwide public safety broadband network. This document considers and
proposes additional requirements to further promote and enable
nationwide interoperability among public safety broadband networks
operating in the 700 MHz band. This document addresses public safety
broadband network interoperability from a technological perspective and
considers interoperability at various communication layers.
DATES: Submit comments on or before April 11, 2011. Submit reply
comments on or before May 10, 2011.
ADDRESSES: You may submit comments, identified by PS Docket No. 06-229,
WT Docket 06-150 and WP Docket 07-100, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: http://www.fcc.gov. Follow the
instructions for submitting comments in the Electronic Comment Filing
System, http://www.fcc.gov/cgb/ecfs/.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail): Address to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail: Address to FCC Headquarters, 445 12th Street, SW., Washington DC
20554.
Hand Delivery/Courier: FCC Headquarters at 445 12th St.,
SW., Room TW-A325, Washington, DC 20554.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION of this document.
FOR FURTHER INFORMATION CONTACT: Jennifer Manner, Federal
Communications Commission, Public Safety and Homeland Security Bureau,
at (202)-418-3619.
[[Page 10296]]
SUPPLEMENTARY INFORMATION: In the Fourth Further Notice of Proposed
Rulemaking, FCC 11-6, adopted January 25, 2011, and released January
26, 2011, the Commission sought comment on an initial technical
framework for public safety broadband network interoperability. The
proposed framework would encompass technical rules for the network;
public safety roaming on public safety networks; federal use of the
network; testing and verification to ensure interoperability; and other
matters relevant to ensuring the interoperability of the network. This
full text of this document is available at http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0204/FCC-11-6A1.pdf.
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 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 (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.
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).
Procedural Matters
Paperwork Reduction Act
The Fourth Further Notice of Proposed Rulemaking contains proposed
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collection requirements contained in this document, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA),\1\ the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in this Fourth Further
Notice of Proposed Rule Making (Fourth Further NPRM). Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
provided herein. The Commission will send a copy of the Fourth Further
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA).\2\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
\2\ See 5 U.S.C. 603(a).
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Proposed Rules
The rules proposed in the Fourth Further NPRM are necessary to
ensure the interoperability of 700 MHz public safety broadband networks
that are expected to be deployed in the near term. The proposed rules
create technical requirements designed to ensure that public safety
broadband networks are technically and operationally compatible, so
that public safety personnel from various jurisdictions and departments
are able to communicate effectively over these networks.
The Fourth Further NPRM proposes changes to part 90 of the rules.
Specifically, it proposes to:
(1) Develop a regulatory and operational framework for roaming from
one public safety broadband network to another.
(2) Require that public safety broadband networks meet certain
technical requirements designed to ensure that networks are technically
interoperable or compatible.
(3) Require that public safety broadband networks meet additional
requirements designed to ensure that networks achieve a baseline of
operability necessary to support interoperable communications.
(4) Require public safety broadband network operators to complete
testing for equipment and user devices operated on their networks to
ensure conformance with relevant technical standards and ensure
interoperability between networks.
(5) Make additional minor edits to part 90.
B. Legal Basis
The proposed action is authorized under sections 1, 2, 4(i), 5(c),
7, 10, 201, 202, 208, 214, 301, 302, 303, 307, 308, 309, 310, 311, 314,
316, 319, 324, 332, 333, 336, 337, 614, 615, and 710 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
155(c), 157, 160, 201, 202, 208, 214, 301, 302, 303, 307, 308, 309,
310, 311, 314, 316, 319, 324, 332, 333, 336, 337, 614, 615 and 710.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
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 proposed rules, if adopted.\3\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' \4\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\5\ A small business concern
[[Page 10297]]
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 SBA.\6\
---------------------------------------------------------------------------
\3\ 5 U.S.C. 603(b)(3).
\4\ 5 U.S.C. 601(6).
\5\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the
Small Business Administration and after opportunity for public
comment, establishes one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\6\ Small Business Act, 15 U.S.C. 632 (1996).
---------------------------------------------------------------------------
The proposed requirements of the Fourth Further NPRM would apply to
public safety entities granted authority from the Commission to pursue
deployment of public safety broadband networks within their
jurisdictions.
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.'' \7\ Census Bureau data for 2002 indicate that there were
87,525 local governmental jurisdictions in the United States.\8\ We
estimate that, of this total, 84,377 entities were ``small governmental
jurisdictions.'' \9\ Thus, we estimate that most governmental
jurisdictions are small.
---------------------------------------------------------------------------
\7\ 5 U.S.C. 601(5).
\8\ U.S. Census Bureau, Statistical Abstract of the United
States: 2006, Section 8, p. 272, Table 415.
\9\ We assume that the villages, school districts, and special
districts are small, and total 48,558. See U.S. Census Bureau,
Statistical Abstract of the United States: 2006, section 8, p. 273,
Table 417. For 2002, Census Bureau data indicate that the total
number of county, municipal, and township governments nationwide was
38,967, of which 35,819 were small. Id.
---------------------------------------------------------------------------
We anticipate, however, that the vast majority of small
governmental jurisdictions will not be directly authorized to serve as
operators of their own 700 MHz public safety broadband networks.
Rather, we anticipate that such entities will operate primarily under
authority granted to larger regional, tribal or national entities to
serve as public safety broadband network operators.\10\ Accordingly, we
anticipate that the proposed requirements that apply directly to public
safety network operators are unlikely to directly affect a substantial
number of small entities.
---------------------------------------------------------------------------
\10\ We note that none of the twenty-one jurisdictions that
applied for and were granted conditional waivers for early public
safety broadband network deployment, except one, would qualify as
``small governmental jurisdictions.'' See 5 U.S.C. 601(5); see also
Requests for Waiver of Various Petitioners to Allow the
Establishment of 700 MHz Interoperable Public Safety Wireless
Broadband Networks, PS Docket 06-229, Order, 25 FCC Rcd 5145, 5147
(2010) (Waiver Order).
---------------------------------------------------------------------------
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The Fourth Further NPRM proposes rule changes that will affect
reporting, recordkeeping and other compliance requirements. Each of
these changes is described below.
The Fourth Further NPRM, proposes to require public safety
broadband networks to support roaming from users of other public safety
broadband networks. This would require network operators to provide
technical roaming capability within their networks and to support of
minimum set of user applications.
The Fourth Further NPRM proposes to require public safety broadband
networks to support seamless handover within the network's coverage
region. This would require network operators to implement the technical
capability to support this feature within their networks.
The Fourth Further NPRM proposes to require public safety broadband
networks to adhere to a specified out-of-band-emissions requirement.
This would require to public safety network operators to incorporate
the proposed out-of-band-emissions requirement into the planning and
design of their networks.
The Fourth Further NPRM proposes to require public safety broadband
networks to support a minimum set of applications, namely (1) Internet
access; (2) Virtual Private Network (VPN) access to any authorized site
and to home networks; (3) a status or information ``homepage;'' (4)
provision of network access for users under the Incident Command
System; and (5) field-based server applications. This would require
public safety network operators to implement the technical capability
to support these applications on their networks.
The Fourth Further NPRM proposes to require public safety broadband
network to meet performance requirements, namely that they provide
outdoor coverage at minimum data rates 768 kbps downlink and 256 kbps
uplink, for all types of devices, for a single user at the cell edge.
Public safety network operators would need to incorporate these
requirements into the planning and design of their networks. Public
safety network operators would also be required to certify to the
Public Safety and Homeland Security Bureau their compliance with these
performance requirements. These certifications would need to be based
on a representation of the actual ``as-built'' network and be
accompanied by uplink and downlink data rate plots that map specific
performance levels.
The Fourth Further NPRM proposes to require public safety broadband
networks to support specified security features, namely (1) The LTE
signaling layer security features over the Radio Resource Control (RRC)
protocol layer (UE and eNodeB); (2) EPC signaling layer security
features over the Non Access Stratum (NAS) protocol layer (UE and MME);
(3) and user data/control layer security features over the Packet Data
Convergence Sublayer (PDCP) protocol layer (UE and eNodeB).
The Fourth Further NPRM proposes to require public safety broadband
networks to meet coverage and coverage reliability requirements.
Specifically, it proposes to require public safety broadband networks
to provide outdoor coverage reliability at a probability of coverage of
95 percent for all services and applications throughout the network.
Public safety network operators would need to incorporate this
requirement into the planning and design of their networks.
The Fourth Further NPRM proposes to require each public safety
broadband network operator to notify adjacent or bordering
jurisdictions prior to deployment, and to allow adjacent or bordering
jurisdictions the opportunity to negotiate a formal coordination
agreement with the deploying jurisdiction. Any formal written
agreements would be required to be submitted to the Bureau.
The Fourth Further NPRM proposes to require public safety broadband
network operators to complete conformance testing for the devices used
on their network after a testing process for LTE devices operating in
the public safety broadband spectrum becomes available. Public safety
network operators would also be required to certify to the Commission
their completion of conformance testing.
The Fourth Further NPRM proposes to require public safety broadband
network operators to submit plans for completing interoperability
testing with other public safety broadband networks. The scope of the
testing called for in a network operator's plan would be required to be
sufficiently broad to address all LTE capabilities and functions
required for public safety broadband waiver recipients. Public safety
network operators would also be required to certify their performance
of such testing in accordance with their approved plans.
The Fourth Further NPRM proposes to require that public safety LTE
devices support, at minimum, a five megahertz channel bandwidth. This
requirement
[[Page 10298]]
would need to be taken into account when designing or purchasing
devices for use on public safety broadband networks.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
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.
The proposed requirements of the Fourth Further NPRM are designed
to ensure that public safety broadband networks achieve a baseline of
operability and nationwide interoperability. In developing these
proposed requirements, the Commission has made significant efforts to
ensure that the requirements imposed are the minimum necessary to
ensure that public safety broadband networks are truly interoperable.
As an alternative to its proposed approach, the Commission could have
proposed more detailed and burdensome conditions on the design and
implementation of these networks. The proposed rules seek to balance
the need for flexibility in network design, cost, and implementation
with the demands of nationwide interoperability.
The establishment of differing compliance or reporting requirements
for small entities would frustrate the goal of achieving nationwide
interoperability. Given the importance of ensuring that public safety
broadband networks are technically and operationally compatible, it is
important that each network is subject to a comparable set of rules and
requirements.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
None.
Ordering Clauses
Pursuant to sections 1, 2, 4(i), 5(c), 7, 10, 201, 202, 208, 214,
301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332, 333,
336, 337, 614, 615, and 710 of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i), 155(c), 157, 160, 201, 202, 208,
214, 301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332,
333, 336, and 337, the Fourth Further Notice of Proposed Rulemaking in
PS Docket No. 06-229 is adopted. The Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Fourth Further Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Administrative practice and procedure, Business and industry, Civil
defense, Common carriers, Communications equipment, Emergency medical
services, Individuals with disabilities, Radio, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
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), and 332(c)(7) unless otherwise noted.
2. Section 90.7 is amended by adding the following definitions,
Field-Based Server Applications, Incident Command System, Internet
Access, Interoperability, Interoperability Testing, Public Safety
Narrowband Operator, Roamer, Status or Information Homepage and Virtual
Private Network Access to read as follows:
Sec. 90.7 Definitions.
* * * * *
Field-Based Server Applications. Applications that require client
devices to consistently and continuously reach server-based systems
from any other location (i.e., field locations) on the Internet.
* * * * *
Incident Command System. A standardized, on-scene, all-hazards
incident management approach that allows for the integration of
facilities, equipment, personnel, procedures, and communications
operating within a common organizational structure; enables a
coordinated response among various jurisdictions and functional
agencies, both public and private; and establishes common processes for
planning and managing resources.
* * * * *
Internet Access. Access to the global internet.
* * * * *
Interoperability. The ability of public safety agencies to
communicate with one another via radio communications systems--to
exchange voice and/or data with one another on demand, in real time,
when needed and when authorized.
Interoperability Testing. Testing to ensure interoperability
between or among public safety broadband networks.
* * * * *
Public Safety Narrowband Operator. A Public Safety Narrowband
Operator is a public safety entity that is authorized to operate and
has deployed narrowband operations within the 763-769 MHz and 793-799
MHz bands.
* * * * *
Roamer. A mobile station receiving service from a station or system
in the public safety broadband network other than one to which it is a
subscriber.
* * * * *
Status or Information Homepage. A method by which the operator of a
host network provides roamers access to and distribution of available
applications, alerts, incident-specific information, system status
information, and information that the operator deems important to share
with roamers on its system.
* * * * *
Virtual Private Network Access. Access to a network, such as a
roamer's home network, through use of a Virtual Private Network
connection.
3. Section 90.1407 is amended by adding and reserving paragraphs
(d) and (e) and adding paragraphs (f) through (j) to read as follows:
Sec. 90.1407 Spectrum Use in the Network
* * * * *
(d) [Reserved]
(e) [Reserved]
(f) Public Safety Broadband Network Operators must submit to the
Chief of the Public Safety and Homeland Security Bureau the following
certifications:
(1) Prior to deployment of any Radio Access Network equipment, a
certification that it will be in compliance with paragraph (e) of this
section as of the date its network achieves service availability.
(2) Prior to deployment of any Radio Access Network equipment, a
certification that it has performed
[[Page 10299]]
interoperability testing on the following 3GPP LTE interfaces: Uu--LTE
air interface, S6a--Visited MME to Home HSS, S8--Visited SGW to Home
PGW and S9--Visited PCRF to Home PCRF for dynamic policy arbitration.
(3) Within thirty days of the date its network achieves service
availability, a certification that its network can provide a minimum
outdoor data rate of 256 Kbps uplink and 768 Kbps downlink for all
types of devices, per single user at the cell edge.
(4) Six months following the release of a public notice announcing
the availability of the PTCRB testing process for 3GPP LTE Band Class
14, a certification that the devices in use on its network have gone
through and completed this process.
(g) Out of Band Emissions: Public Safety Broadband Network
Operators must adhere to the following limitations on out of band
emissions:
(1) On any frequency outside the 763-768 MHz band, the power of any
emission shall be attenuated outside the band below the transmitter
power (P) by at least 43 + 10 log (P) dB.
(2) On any frequency outside the 793-798 MHz band, the power of any
emission shall be attenuated outside the band below the transmitter
power (P) by at least 43 + 10 log (P) dB.
(h) Public Safety Broadband Network Operators must support the
following applications: Internet access; Virtual Private Network
access; a status or information ``homepage;'' access for users to the
Incident Command System; and field-based server applications.
(i) Public Safety Broadband Network Operators must support LTE
signaling layer security features over the Radio Resource Control (RRC)
protocol layer (UE and eNodeB); EPC signaling layer security features
over the Non-Access Stratum (NAS) protocol layer (UE and MME); and user
data/control layer security features over the Packet Data Convergence
Sublayer (PDCP) protocol layer (UE and eNodeB).
(j) Interference Mitigation. Ninety days prior to the deployment of
any Radio Access Network equipment, a Public Safety Broadband Network
Operator must provide notice to all adjacent or bordering jurisdictions
of its plans for deployment. Any notified jurisdiction may then
request, in writing, the opportunity to enter a written frequency
coordination agreement with the operator.
(1) Any such agreement, or modification to such agreement, must be
submitted to the Public Safety and Homeland Security Bureau within 30
days of its execution.
(2) If parties are unable to execute an agreement within ninety
days of the date a request is made, the parties may submit the dispute
to the Bureau for resolution.
4. Add Sec. 90.1409 to read as follows:
Sec. 90.1409 Protection of Incumbent Narrowband Operations
(a) Ninety days prior to the deployment of any Radio Access Network
equipment, a Public Safety Broadband Network Operator must provide
notice to any incumbent Public Safety Narrowband Operator within its
proposed area of operation or in any adjacent or bordering
jurisdictions of its plans for deployment. Such notice shall identify:
(1) The geographic borders within which the Public Safety Broadband
Network Operator intends to operate;
(2) Any geographic overlap; and
(3) The proposed method of interference mitigation or notice of
their intent to relocate the incumbent Public Safety Narrowband
Operator.
(b) Any notified jurisdiction shall respond to a notification under
paragraph (a) of this section within 60 days. Such response shall
identify:
(1) The jurisdictions consent to any proposed interference
mitigation or relocation proposal, and any counterproposals; and/or
(2) Specific objections to any element of the notification.
(c) The Public Safety Broadband Network Operator and Public Safety
Narrowband Operator shall memorialize such agreements in writing. These
agreements, or modification to such agreement, must be submitted to the
Public Safety and Homeland Security Bureau within 30 days of its
execution.
(d) Any jurisdictions failing to resolve any disputes within 90
days following a response under paragraph (b) of this section may
submit the dispute to the Bureau for resolution.
[FR Doc. 2011-4058 Filed 2-23-11; 8:45 am]
BILLING CODE 6712-01-P