[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Proposed Rules]
[Pages 50370-50372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19995]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 09-19; RM-11514; RM-11531; FCC 13-98]


Travelers' Information Stations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this Further Notice of Proposed Rulemaking, the Commission 
proposes an amendment to part 90 of the Commission's rules pertaining 
to public safety Travelers' Information Stations (TIS), which Public 
Safety Pool-eligible entities operate to transmit noncommercial, 
travel-related information over AM band frequencies to motorists on a 
localized basis. The Commission proposes to delete the portion of the 
Commission's rules which require the filtering of TIS audio frequencies 
above 3 kHz.

DATES: Submit comments on or before September 18, 2013. Submit reply 
comments October 3, 2013.

ADDRESSES: You may submit comments, identified by PS Docket No. 09-19; 
RM-11514; RM-11531, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://

[[Page 50371]]

fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: U.S. Postal Service first-class, Express, and 
Priority mail must be addressed to 445 12th Street SW., Washington DC 
20554. 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.
     Hand or Messenger Delivery: 445 12th St. SW., Room TW-
A325, Washington, DC 20554.
     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, additional 
information on the rulemaking process, and where to find materials 
available for inspection, see the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Thomas Eng, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554, 
at (202) 418-0019, TTY (202) 418-7233, or via email at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking in PS Docket No. 09-19; RM-11514; 
RM-11531; adopted July 18, 2013 and released on July 23, 2013. 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 email at [email protected]. 
Alternative formats (computer diskette, large print, audio cassette, 
and Braille) are available to persons with disabilities or by sending 
an email 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.

Comments

    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 8:00 a.m. to 7:00 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.

I. Introduction

    Currently, the Commission authorizes Public Safety Pool-eligible 
entities to use Travelers' Information Stations (TIS) to transmit 
noncommercial, travel-related information over AM band frequencies to 
motorists on a localized basis. In this proceeding, we address the 
scope of permissible operations under our TIS rules in response to 
petitions filed by Highway Information Systems (HIS), the American 
Association of Information Radio Operators (AAIRO), and the American 
Association of State Highway and Transportation Officials (AASHTO). The 
Commission invited comment on the issues raised in these three 
petitions in a Notice of Proposed Rulemaking (NPRM) adopted in 2010.
    In this Further Notice of Proposed Rulemaking (Further Notice), we 
propose to delete Sec.  90.242(b)(8) of the Commission's rules, which 
requires the filtering of TIS audio frequencies above 3 kHz. The record 
indicates that the filtering requirement significantly decreases the 
audibility of TIS broadcasts while adding little to the interference 
protection of commercial broadcasters. However, because the Commission 
did not specifically address the filtering issue in the initial Notice 
of Proposed Rulemaking in this docket, we request comment on this 
proposed rule change.

II. Further Notice of Proposed Rulemaking

    Although the NPRM did not raise the issue, numerous commenters 
argue for removal of the filtering provision of Sec.  90.242(b)(8), 
which requires the filtering of TIS audio frequencies above 3 kHz. 
Commenters contend that the required filtering decreases the audibility 
of TIS broadcasts in general, and especially at night and over 
difficult terrain. Burden suggests this restriction could be removed 
with little or no increased interference with adjacent channel 
broadcasters. No commenter has opposed such removal.
    Accordingly, we propose to remove this requirement from the rules. 
Because this particular issue was not previously proposed in the NPRM 
but rather was introduced by commenters in the record, we seek comment 
in this Further Notice of Proposed Rulemaking in order to establish a 
record and consider any issues that may not have been raised in docket 
prior to this time. Accordingly, we ask whether there is any reason 
this restriction should not be removed. Is there a potential for 
increased interference with broadcasters? If not, are there any other 
reasons why we should not remove the filtering restriction? We ask that 
all comments for or against the lifting of this restriction provide 
empirical evidence for the position taken.

III. Procedural Matters

Ex Parte Presentations

    This matter 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

[[Page 50372]]

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 Sec.  1.1206(b). In proceedings governed by 
Sec.  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.

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, see 5 U.S.C. 
603, the Commission has prepared an Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities of the policies and rules addressed in this document. The IRFA 
is set forth in Appendix E of the Report and Order and Further Notice 
of Proposed Rulemaking. Written public comments are requested on the 
IRFA. These comments must be filed in accordance with the same filing 
deadlines as comments filed in response to this Further Notice of 
Proposed Rulemaking as set forth herein, and they should have a 
separate and distinct heading designating them as responses to the 
IRFA. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, will send a copy of the Report and Order 
and Further Notice of Proposed Rulemaking, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
See 5 U.S.C. 603(a).

Paperwork Reduction Act Analysis

    This Further Notice of Proposed Rulemaking does not contain 
proposed new or modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In 
addition, therefore, the Further Notice of Proposed Rulemaking does not 
contain any proposed new or modified information collection burden for 
small business concerns with fewer than 25 employees, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).

IV. Ordering Clauses

    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, that this Report and Order and Further Notice of Proposed 
Rulemaking is adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order and Further Notice of Proposed 
Rulemaking, including the Initial and Final Regulatory Flexibility 
Analyses, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    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 Further 
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.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    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

0
1. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r) and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r) and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Jobs Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


Sec.  90.242  [Amended]

0
2. Remove and reserve paragraph (b)(8).

[FR Doc. 2013-19995 Filed 8-16-13; 8:45 am]
BILLING CODE 6712-01-P