[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Proposed Rules]
[Pages 23529-23533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09069]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket Nos. 13-87, 06-229; WT Docket No. 96-86; RM-11433, RM-11577; 
FCC 13-40]


Service Rules Governing Public Safety Narrowband Operations in 
the 769-775/799-805 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document seeks comment on proposals to amend the 
Commission's rules to promote spectrum efficiency, interoperability, 
and flexibility in 700 MHz public safety narrowband operations (769-
775/799-805 MHz). By this action, the Commission affords interested 
parties an opportunity to submit comments on these proposed rule 
changes.

DATES: Comments are due on or before June 18, 2013 and reply comments 
are due on or before July 18, 2013.

ADDRESS:  You may submit comments, identified by PS Docket No. 13-87, 
by any of the following methods:
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, (202) 418-0838.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 13-40, released on April 1, 2013. The 
document is available for download at http://fjallfoss.fcc.gov/edocs_public/. The complete text of this document is also 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. To request materials in accessible formats 
for people with disabilities (Braille, large print, electronic files, 
audio format), send an email to [email protected] or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).
    1. In the Notice of Proposed Rulemaking (NPRM) in PS Docket No. 13-
87, the Commission initiates a new proceeding to seek comment on 
proposals to amend the Commission's rules governing 700 MHz public 
safety narrowband operations (769-775/799-805 MHz). The Commission 
seeks comment on whether to extend or eliminate the December 31, 2016 
narrowbanding deadline for 700 MHz public safety narrowband licensees 
to transition from 12.5 kilohertz to 6.25 kilohertz channel bandwidth 
technology.
    2. The Commission also seeks comment on a proposal from the 
National Public Safety Telecommunications Council (NPSTC) to authorize 
secondary use of certain channels in the 700 MHz band for public safety 
aircraft voice operations. Furthermore, the Commission seeks comment on 
additional NPSTC proposals to modify the rules governing use of the 
designated nationwide interoperability channels, data-only 
interoperability channels, reserve channels, and low power channels.
    3. Finally, the Commission seeks comment on a number of other 
issues, including adjacent channel power (ACP) limits for signal 
boosters, harmonizing power limits, certifying Project 25 equipment and 
establishing a standardized Network Access Code (NAC) for operation on 
700 MHz interoperability channels.
    4. 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. All filings related to the NPRM should refer to PS 
Docket No. 13-87. 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 24,121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs. 
Filers should follow the instructions provided on the Web site for 
submitting comments.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy 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

[[Page 23530]]

each additional docket or rulemaking number.
    5. 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 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes 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.
    6. Interested parties may view documents filed in this proceeding 
on the Commission's Electronic Comment Filing System (ECFS) using the 
following steps: (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. (2) In 
the introductory screen, click on ``Search for Filed Comments.'' (3) In 
the ``Proceeding'' box, enter the numerals in the docket number. (4) 
Click on the box marked ``Retrieve Document List.'' A link to each 
document is provided in the document list. The public may inspect and 
copy filings and comments during regular business hours at the FCC 
Reference Information Center, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. The public may also purchase filings and comments 
from the Commission's duplicating contractor, Best Copy and Printing, 
Inc., Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 
20554, telephone 1-800-378-3160, or via email to [email protected]. The 
public may also download this NPRM from the Commission's Web site at 
http://www.fcc.gov/.
    7. People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    8. Commenters who file information that they believe should be 
withheld from public inspection may request confidential treatment 
pursuant to Sec.  0.459 of the Commission's rules. Commenters should 
file both their original comments for which they request 
confidentiality and redacted comments, along with their request for 
confidential treatment. Commenters should not file proprietary 
information electronically. See Examination of Current Policy 
Concerning the Treatment of Confidential Information Submitted to the 
Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on 
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants 
confidential treatment, information that does not fall within a 
specific exemption pursuant to the Freedom of Information Act (FOIA) 
must be publicly disclosed pursuant to an appropriate request. See 47 
CFR 0.461; 5 U.S.C. 552. We note that the Commission may grant requests 
for confidential treatment either conditionally or unconditionally. As 
such, we note that the Commission has the discretion to release 
information on public interest grounds that does fall within the scope 
of a FOIA exemption.
    9. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Procedural Matters

A. Initial Regulatory Flexibility Analysis

    10. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA''), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (``IRFA'') of the possible significant 
economic impact on a substantial number of small entities that might 
result from adoption of the rules proposed in the NPRM. Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the applicable deadlines for 
initial comments, or reply comments, as specified in the Further Notice 
of Proposed Rulemaking. The Commission will send a copy of the NPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (``SBA'').

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

    11. In the NPRM, the Commission seeks comment on further proposals 
to amend the Commission's rules governing 700 MHz public safety 
narrowband spectrum at 769-775 MHz and 799-805 MHz. The rule changes 
the Commission seeks comment on are intended to promote flexible and 
efficient use of public safety narrowband spectrum in the 700 MHz band 
while reducing the regulatory burdens on licensees wherever possible. 
In order to achieve these objectives, the Commission seeks comment in 
the NPRM on:
     extending or eliminating the December 31, 2016 
narrowbanding deadline for 700 MHz public safety narrowband licensees;
     allowing 700 MHz public safety narrowband licensees to use 
the secondary trunking channels for low-altitude, low power air-ground 
voice communications;
     redesignating two 6.25 kilohertz bandwidth nationwide 
calling channels as Nationwide Interoperability Travel Channels;
     allowing tactical voice communications on a secondary 
basis

[[Page 23531]]

on the two 6.25 kilohertz bandwidth data-only interoperability 
channels;
     designating the forty-eight 6.25 kilohertz bandwidth 
reserve channel pairs for use by temporary deployable mobile trunked 
infrastructure that could be transported into an incident area to 
assist with emergency response and recovery;
     increasing the two-watt power limit for low power channels 
to 20 watts effective radiated power (ERP);
     requiring all 700 MHz narrowband equipment to be certified 
under the TIA Project 25 Compliance Assessment Program (P25 CAP);
     exempting Class B signal boosters from the Adjacent 
Channel Power (ACP) limits when retransmitting multiple signals;
     harmonizing and eliminating redundant or conflicting power 
limits for transmitters operating on the 700 MHz public safety 
narrowband channels;
     specifying by rule a standardized Network Access Code 
(NAC) for operation on the 700 MHz interoperability channels;
     clarifying that our rules require radios to be capable of 
being programmed to operate on all sixty-four of the 6.25 kilohertz 
bandwidth interoperability channels in the 700 MHz band;
     permitting users to operate their mobile and portable 
equipment in analog mode on the interoperability channels.

C. Legal Basis

    12. The legal basis for any action that may be taken pursuant to 
the NPRM is contained in sections 1, 4(i), 303, 316, 332, and 337 of 
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303, 
316, 332, and 337.

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

    13. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules. 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).
    14. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio licensees include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services. For 
the purpose of determining whether a Public Safety Radio licensee is a 
small business as defined by the SBA, we use the broad census category, 
Wireless Telecommunications Carriers (except Satellite). This 
definition provides that a small entity is any such entity employing no 
more than 1,500 persons. The Commission does not require Public Safety 
Radio licensees to disclose information about number of employees, so 
the Commission does not have information that could be used to 
determine how many Public Safety Radio licensees constitute small 
entities under this definition.
    15. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. According to Census bureau data for 
2007, there were a total of 919 firms in this category that operated 
for the entire year. Of this total, 771 had less than 100 employees and 
148 had more than 100 employees. Thus, under that size standard, the 
majority of firms can be considered small.

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

    16. No rule proposed in the NPRM will entail additional reporting, 
recordkeeping, and/or third-party consultation. Two proposed rules in 
the NPRM, however, would entail additional compliance efforts as 
described below.
    17. Project 25 Compliance Assessment Program. We propose to require 
all vendors of 700 MHz narrowband equipment designed to operate on the 
interoperability channels to demonstrate compliance with the Project 25 
Compliance Assessment Program (CAP). CAP is a voluntary program that 
establishes an independent compliance assessment process to ensure that 
communications equipment conforms to Project 25 standards and is 
interoperable across vendors. The purpose of this proposal is to 
enhance interoperability and provide assurance to licensees that their 
equipment is interoperable across vendors regardless of which vendor 
they choose.
    18. Interoperability Network Access Code. We seek comment on 
whether to specify a standardized Network Access Code (NAC) by rule for 
operation on the 700 MHz interoperability channels. A NAC is a pre-
programmed digital address used by radio units employing the Project 25 
standard to ``hear'' only communications directed to that address from 
another radio. We seek comment on whether a standardized NAC is 
necessary to ensure all radio users can communicate with each other on 
the interoperability channels.

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

    19. The RFA requires an agency to describe any significant, 
specifically small business 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) and exemption 
from coverage of the rule, or any part thereof, for small entities.''
    20. The NPRM seeks comment on a number of proposed changes to the 
rules covering operation of public safety systems on narrowband 
spectrum in the 700 MHz band. The NPRM seeks comment on whether the 
proposed rule changes will promote efficient use of public safety 
narrowband spectrum in the band while reducing economic burdens on 
licensees. In order to strike the proper balance between these two 
objectives, the NPRM seeks comment on a wide range of alternatives to 
the proposals put forth.

[[Page 23532]]

    21. Deadline for Narrowbanding Transition to 6.25 Kilohertz 
Technology. The NPRM seeks comment on petitions filed separately by the 
700 MHz Region 24 Planning Committee, the State of Louisiana, and the 
Regional Wireless Cooperative seeking to delay the December 31, 2016 
deadline for transition to 6.25 kilohertz-capable equipment. Public 
safety licensees operating on narrowband spectrum in the 700 MHz band 
have until December 31, 2016 to complete a mandatory migration from a 
12.5 kilohertz voice efficiency standard to a 6.25 kilohertz voice 
efficiency standard. These parties seek an extension of the deadline in 
order to ensure that equipment purchased by public safety licensees for 
operation in the band need not be replaced before its intended life 
cycle is met. The NPRM seeks comment on extending the December 31, 2016 
deadline and factors to be considered if a new deadline is selected. 
Alternatively, the NPRM seeks comment on whether the long-term future 
of the 700 MHz narrowband spectrum would be best served by suspending 
or eliminating the mandatory migration to a 6.25 kilohertz voice 
efficiency standard.
    22. Air-Ground Communications on Secondary Trunking Channels. The 
NPRM seeks comment on a proposal by the National Public Safety 
Telecommunications Council (NPSTC) to allow 700 MHz public safety 
narrowband licensees to use the secondary trunking channels for low-
altitude, low power air-ground voice communications. NPSTC asserts that 
designating these channels for airborne use would allow licensees to 
incorporate air-ground communications into their operations while 
creating little risk of interference to ground-based operations. The 
NPRM seeks comment on whether to dedicate channels in the 700 MHz band 
for air-ground use, if the secondary trunking channels are the most 
appropriate channels for this purpose and if protection criteria is 
needed to ensure that airborne operations create no interfere to 
terrestrial users which could potentially increase costs and cause 
disruption to users in the band.
    23. Nationwide Interoperability Travel Channel. The NPRM seeks 
comment on a NPSTC proposal to redesignate two nationwide calling 
interoperability channels as Nationwide Interoperability Travel 
Channels. NPSTC contends the travel channels would facilitate 
coordination of vehicle convoys transporting resources, assets, and 
personnel to major incidents, allowing first responders and equipment 
to be deployed to an area directly instead of having to first travel to 
a staging area. The NPRM seeks comment on NPSTC's proposal and whether 
the potential benefits of such a designation outweigh the potential 
adverse impact of reducing the overall channel capacity devoted to 
nationwide calling interoperability.
    24. Tactical Voice Communications on Data Interoperability 
Channels. The NPRM seeks comment on a NPSTC proposal to allow tactical 
voice communications on a secondary basis on data-only interoperability 
channels. NPSTC argues such action would help meet the expanding demand 
for communications supporting tactical operations. The NPRM seeks 
comment on NPSTC's proposal and whether such a designation would have 
any adverse impact on primary data-only interoperability. In this 
regard, the NPRM seeks comment on whether this proposal would have any 
impact on the existing base of mobile, portable, and base stations 
currently in use by public safety entities, such as requiring 
reprogramming or retrofits.
    25. Temporary Deployable Mobile Trunked Infrastructure. The NPRM 
seeks comment on a NPSTC proposal to designate all 48 reserve channel 
pairs for use by temporary deployable mobile trunked infrastructure 
that could be transported into an incident area to assist with 
emergency response and recovery. According to NPSTC, designating 
channels for deployable trunked use would allow 700 MHz licensees to 
pre-program these channels into their subscriber radios, negating the 
need during a disaster to reprogram radios in the field or distribute 
cached radios. The NPRM seeks comment on whether designating some or 
all of the narrowband reserve channels for deployable mobile trunked 
infrastructure would be a practical and efficient utilization of these 
channels. Alternatively, the NPRM seeks comment on whether the same 
benefits could be achieved by simply requiring deployable equipment to 
operate on the narrowband channels already designated for general and/
or state use in the affected area.
    26. Power Limit for Low Power Channels. The NPRM seeks comment on a 
NPSTC proposal to increase the power limit on the low power channels 
from two watts to 20 watts effective radiated power (ERP). NPSTC argues 
that such an increase would allow for more effective on-scene 
communications in critical life-safety situations, particularly for 
fire department radios operating in high ambient noise environments. 
The NPRM seeks comment on whether NPSTC's proposal to increase the 
power limit to 20 watts ERP would overcome the problem of communicating 
in high ambient noise environments but also seeks comment on 
alternative solutions such as using vehicular repeater system (VRS) 
units to overcome the problem of communicating in noisy environments.
    27. Project 25 Compliance Assessment Program. The NPRM seeks 
comment on requiring all 700 MHz narrowband equipment to be certified 
under the Project 25 Compliance Assessment Program (P25 CAP). The 
Commission states in the NPRM that it believes requiring all 700 MHz 
narrowband equipment to be P25 CAP-certified would enhance 
interoperability in the band and would provide assurance to licensees 
that their equipment will be interoperable across vendors regardless of 
which vendor they choose. Nonetheless, the NPRM seeks comment on what 
costs, if any, P25 CAP certification would impose on vendors.
    28. ACP Requirements for Class B Signal Boosters. The NPRM seeks 
comment on a proposal by Dekolink to exempt Class B signal boosters 
from the Adjacent Channel Power (ACP) requirements when multiple 
signals are retransmitted. Dekolink suggests that Class B signal 
boosters currently authorized to operate in the 700 MHz public safety 
narrowband spectrum typically produce intermodulation products in 
excess of ACP limits when simultaneously retransmitting two or more 
signals. The NPRM seeks comment whether exempting this class of devices 
from the ACP requirements when multiple signals are retransmitted would 
unreasonably elevate the potential for harmful interference to adjacent 
channel users. The NPRM also seeks comment on any technical limitations 
that prevent these devices from being designed and manufactured to meet 
the current ACP limits and whether compliance can be achieved through 
filters and/or other technical remedies.
    29. Narrowband Power Limits. The NPRM seeks comment on harmonizing 
and consolidating power limits in Sec. Sec.  90.541 and 90.545(b) of 
the Commission's rules. In this regard, the NPRM tentatively concludes 
to base power limits on effective radiated power (ERP) rather than 
transmitter power output (TPO) but seeks comment on whether a change in 
policy from TPO to ERP would render certain incumbent users or 
previously certified equipment non-compliant. The NPRM also seeks 
comment on antenna height limits.
    30. Interoperability Network Access Code. The NPRM seeks comment on 
whether the Commission should specify

[[Page 23533]]

a standardized Network Access Code (NAC) by rule for operation on the 
700 MHz interoperability channels. The NAC is a pre-programmed digital 
address in a Project 25 radio which allows the radio to ``hear'' only 
communications directed to that address from another radio. If the NAC 
is to be set by rule, the NPRM seeks comment what code would be most 
appropriate. Alternatively, the NPRM seeks comment on whether NACs 
should be left to an industry standard, which would be more flexible 
then codifying a single code into the Commission's rules.
    31. User Access to Interoperability Channels. The NPRM proposes to 
clarify that transmitters designed to operate on the narrowband 
channels in the 700 MHz band be capable of being programmed to operate 
on all sixty-four of the 6.25 kilohertz bandwidth interoperability 
channels. The NPRM seeks comment on its proposal.
    32. Analog Operation on the Interoperability Channels. The NPRM 
seeks comment on whether to permit users to operate their mobile and 
portable equipment in analog mode on the interoperability channels. In 
particular, the NPRM asks parties addressing this issue to describe 
what benefits may accrue from allowing analog operation on the 
interoperability channels and whether such benefits outweigh the 
impairment to interoperability resulting from allowing both analog and 
digital modes of operation on these channels.

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

    33. None.

Ordering Clauses

    34. Accordingly, it is ordered that, pursuant to sections 1, 4(i), 
303, 316, 332 and 337 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 303, 316, 332 and 337, the NPRM is hereby adopted.
    35. 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 the NPRM on 
or before June 18, 2013, and reply comments on or before July 18, 2013.
    36. It is further ordered that the Commission shall send a copy of 
the NPRM in a report to be sent to Congress and the General Accounting 
Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-09069 Filed 4-18-13; 8:45 am]
BILLING CODE 6712-01-P