[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
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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
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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]
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2. Remove and reserve paragraph (b)(8).
[FR Doc. 2013-19995 Filed 8-16-13; 8:45 am]
BILLING CODE 6712-01-P