[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Pages 50340-50345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20000]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

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


Travelers' Information Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission clarifies and amends its 
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. First, the Commission clarifies that 
permissible content under the TIS rules must continue to have a nexus 
to travel, an emergency, or an imminent threat of danger. Second, the 
Commission clarifies that TIS licensees may transmit any communications 
related directly to the imminent safety-of-life or property, and may 
transmit emergency communications during a period of emergency in which 
the normal communication facilities are disrupted as a result of 
hurricane, flood, earthquake or similar disaster. Third, the Commission 
partially removes the present restriction on so-called ``ribbon'' 
networks of TIS transmitters (i.e., multiple simulcast transmitters), 
requiring only that simulcast TIS transmissions be relevant to 
travelers in the vicinity of each transmitter in the network. Finally, 
the Commission updates the definition of TIS in the rules to replace 
the reference to the former Local Government Radio Service with a 
reference to the Public Safety Pool. These rule changes will remove 
confusion about what type of content is permissible on the TIS, thus 
improving administrative efficiency for the both the Commission and TIS 
licensees.

DATES: Effective September 18, 2013.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554.

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 Report 
and Order in PS Docket No. 09-19; RM-11514 and 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.

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 today's Report and Order, we both clarify and amend our TIS 
rules in order to promote a more efficient and effective service. 
First, we clarify that permissible content under the TIS rules must 
continue to have a nexus to travel, an emergency, or an imminent threat 
of danger. Second, we amend Sec.  90.242 of our rules, which defines 
and authorizes TIS, to cross-reference Sec. Sec.  90.405(a)(1) and 
90.407 of the rules, which respectively allow the use of all part 90 
facilities, including TIS, for the transmission of ``any communications 
related directly to the imminent safety-of-life or property,'' and for 
emergency communications ``during a period of emergency in which the 
normal communication facilities are disrupted as a result of hurricane, 
flood, earthquake or similar disaster.'' Third, we partially remove the 
present restriction on so-called ``ribbon'' networks of TIS 
transmitters (i.e., multiple simulcast transmitters), requiring only 
that simulcast TIS transmissions be relevant to travelers in the 
vicinity of each transmitter in the network. Finally, we update the 
definition of TIS in Sec.  90.7 to replace the reference to the former 
Local Government Radio Service with a reference to the Public Safety 
Pool.
    The rule changes in the Report and Order serve either to clarify or 
to modestly expand the operating parameters of the TIS service. The 
costs associated with these rule changes are negligible because the 
changes impose no investment or expenditure requirements on any 
affected entities to achieve compliance. The rule changes will also 
remove confusion about what type of content is permissible on the TIS, 
thus improving administrative efficiency for the both the Commission 
and TIS licensees. Moreover, by permitting the simulcasting of TIS 
transmissions, the rule changes will lower licensees' operating costs 
because licensees will no longer need to create individual TIS 
transmissions for each transmitter in a network.

Background

    The Commission established TIS 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

[[Page 50341]]

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 TIS 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.''
    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.'' Some broadcasters contended that this 
would siphon off advertising revenues, while others argued that TIS 
operations would cause impermissible interference with their 
operations.
    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, including 
limits on authorized power levels. The Commission also adopted power 
and transmitter location limitations to ensure that TIS operations 
typically would be confined to the immediate vicinity of specified, 
travel-related areas. The Commission imposed the 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 using multiple transmitters, the 
Commission did not allow multiple TIS transmitters to operate as a 
network, but instead required each TIS site to provide specifically 
targeted information restricted to the immediate vicinity of the area 
served by that site.
    The Commission authorizes TIS stations on a primary basis on 530 
kHz and on a secondary basis in the 535-1705 kHz band, all of which can 
be received on a conventional AM radio. TIS stations operate at low 
power: 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, the rule restricts 
TIS transmitting sites 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.''
    The Commission has not undertaken a major amendment of the TIS 
rules since their inception in 1977. 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.
    On July 16, 2008, HIS filed a petition for rulemaking (HIS 
Petition) to amend the TIS rules. The HIS Petition requested that the 
Commission: (1) Re-title TIS as the ``Local Government Radio Service;'' 
(2) expand the permissible use rule in Sec.  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.''
    On September 9, 2008, AAIRO filed a petition for declaratory ruling 
(AAIRO Petition). The AAIRO Petition asked 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 stated that such a 
declaration would allow the broadcast of a wide range of information 
over TIS, including National Oceanic and Atmospheric Administration 
(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 announcements.'' 
AAIRO, however, did not seek any expansion of TIS operational 
limitations currently imposed by the Commission's rules.
    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 traffic and 
transportation information services.
    On February 13, 2009, the Public Safety and Homeland Security 
Bureau (Bureau) released a public notice seeking comment on the HIS and 
AAIRO Petitions, and received 61 comments. On April 23, 2009, the 
Bureau released a public notice seeking comment on the AASHTO Petition, 
and received 11 comments.
    On December 30, 2010, the Commission released its Notice of 
Proposed Rulemaking in this proceeding consolidating the substantive 
and operational issues raised in the three petitions and related 
records. The NPRM received ten comments and 28 reply comments (five 
late-filed). On December 18, 2012 and December 28, 2012, AAIRO made 
supplemental ex parte filings, which included further correspondence in 
support of its petition from public safety entities and others.

Report and Order

    We now consider the record in this proceeding with respect to two 
major categories: (1) What constitutes permissible information that may 
be transmitted over TIS stations, and (2) what geographic and 
operational limitations apply to TIS.

Permissible TIS Content

    The NPRM sought comment on a variety of issues related to expansion 
of permissible TIS content. It asked whether the Commission should 
expand the scope of the TIS rules to allow a broader array of 
government information and alerts; whether the Commission should 
identify specific services, such as AMBER Alerts and NOAA weather 
broadcasts, as permissible under the TIS services rules; what limits, 
if any, the Commission should place on information allowed to be 
transmitted over TIS; and whether expansion of the TIS rules as 
proposed by HIS, AAIRO, and AASHTO would have any adverse effect on 
commercial broadcasting. The NPRM also sought specific comment on 
whether continuing to require a traveler-related nexus served the 
public interest; and if the travel-related nexus were retained, 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. The NPRM also sought comment on AASHTO's position 
and

[[Page 50342]]

the distinction it made between the rebroadcast over TIS of routine 
versus non-routine NOAA weather reports. Finally, the NPRM sought 
comment on whether the name of the service should be changed.
    As a threshold matter, we note that the current TIS rules already 
permit transmission of much of the information cited by AAIRO and other 
commenters. Sec.  90.242 expressly allows TIS transmission of, inter 
alia, ``noncommercial voice information pertaining to traffic and road 
conditions, traffic hazards and travel advisories, directions [and] 
rest stops.'' Thus, under this provision of the rule, TIS operators may 
transmit weather alerts regarding difficult or hazardous conditions 
(whether or not ``tone alerted''), as well as information regarding 
motor vehicle crashes, emergency points of assembly, road closures and 
construction, parking, current driving travel times, air flight status, 
truck weigh stations, driver rest areas, locations of truck services, 
and road closures.
    511 Service. The NPRM sought comment on AASHTO's request to allow 
TIS stations to provide information about the availability of 511 
service. All commenters support this request, although San Francisco 
opposes as duplicative allowing TIS stations to repeat the same 
information that is available on 511. AAIRO, however, advises that 
``TIS and 5-1-1 systems can co-exist and complement each other.'' We 
agree with AAIRO and therefore clarify that information on the 
availability of 511 service is already allowed under our TIS rules, 
because such information directly relates to the provision of travel-
related information.
    Non-Commercial Content. In its petition, HIS asked the Commission 
to revise the TIS rules to allow the broadcast of any non-commercial 
content. Although this proposal garnered some support in the initial 
comment cycle related to the HIS Petition, most NPRM commenters oppose 
the proposal, reasoning that allowing TIS to broadcast any type of non-
commercial content would dilute the public safety value of the TIS 
service. APCO retains a ``neutral'' position, but remains concerned 
about dilution of ``the emergency purposes of TIS and [the possibility 
to] potentially confuse travelers accustomed to finding time-sensitive 
safety and traffic information on TIS.'' We agree with the majority of 
commenters who believe that TIS should retain its historical focus on 
serving the needs of the traveling public. The record indicates that 
such a dedicated service continues to serve the public interest in that 
it contributes both to public safety and convenience. Accordingly we 
decline to implement this change to the TIS content rules.
    Non-Travel Related Emergency and Imminent Threat Information. In 
the NPRM, the Commission sought comment on whether TIS stations should 
be allowed to transmit emergency information and information related to 
imminent threats to safety and property, even if such information is 
not directly travel-related. Most commenters support allowing TIS to 
transmit emergency and imminent threat information, e.g., AMBER and 
Silver Alerts. Several commenters note that TIS serves as a platform of 
last resort with regard to the broadcast of emergency information. For 
example, during Hurricane Sandy, the town of North Plainfield, New 
Jersey's TIS transmitter made it possible for the town to provide 
updates of local emergency information both at the height of the storm 
and throughout the power outage that followed. However, AASHTO contends 
that transmission of such information by TIS stations is already 
permitted under rules that allow all part 90 licensees, including TIS 
operators, to transmit emergency information.''
    We agree with AASHTO that TIS broadcasting of emergency information 
and information related to imminent threats to safety and property, 
whether travel-related or not, is already allowed under our part 90 
rules. Sec.  90.405(a)(1) allows all part 90 licensees, which includes 
TIS licensees, to transmit ``any communications related directly to the 
imminent safety-of-life or property.'' For example, this allows use of 
TIS for AMBER and Silver Alerts, as well as transmission of information 
about other imminent threats. Similarly, Sec.  90.407 allows part 90 
licensees to transmit emergency communications ``during a period of 
emergency in which the normal communication facilities are disrupted as 
a result of hurricane, flood, earthquake or similar disaster.'' In an 
emergency context, this clearly could include transmission by TIS 
stations of information regarding evacuation routes and the location of 
shelters, health care, and other emergency facilities. To further 
clarify that TIS transmitters may be used to transmit non-travel 
related emergency information in accordance with those rules, we add 
the following sentence at the end of Sec.  90.242(a)(7): ``Travelers 
Information Stations may also transmit information in accordance with 
the provisions of Sec. Sec.  90.405(a)(1) and 90.407.''
    Non-Emergency Non-Travel-Related Public Health and Safety 
Information. A number of commenters propose allowing TIS operators to 
transmit ``public health'' and/or ``public safety'' messages even if 
they do not have a travel-related nexus, are not emergency-related, or 
do not relate directly to an imminent threat. NAB, on the other hand, 
opposes TIS broadcast of ``routine, non-emergency information'' and 
argues that TIS operators should be limited to providing information 
that will promote ``situational awareness.'' NPR endorses the broadcast 
of ``highly localized travel- and public safety-related information 
that is largely unavailable elsewhere'' but supports ``maintaining the 
existing travel and public safety nexus.'' AASHTO similarly states 
there is no need for TIS to transmit any non-commercial information 
beyond ``non-routine information that may uniquely affect [travelers] 
as they travel through an area.'' SHA agrees that any expansion should 
be ``limited to travel-related messages.'' San Francisco takes the most 
restrictive view, stating that ``TIS should be confined to emergency 
alerts only, especially in areas without cellular coverage.''
    Commenters differ on whether TIS stations should be allowed to 
broadcast weather information originated by NOAA. While no commenter 
disputes that TIS may broadcast emergency NOAA weather announcements, 
AAIRO contends that TIS rules should also allow broadcast of ``routine, 
detailed weather announcements.'' AAIRO reasons that ``only a fraction 
of the population'' has NOAA weather receivers, that routine NOAA 
weather broadcasts give information about road surface conditions, and 
that extended forecasts help travelers to plan their routes. AAIRO also 
states that ``NOAA Radio `All-Hazard' information . . . provide[s] 
pertinent lifesaving information to travelers.'' AAIRO contends that 
broadcast of routine NOAA weather information would not ``dilute TIS 
content or prove superfluous to its mission.'' AAIRO considers it 
``likely that NOAA broadcasts will be excerpted by TIS, not run in 
their entirety, thus not replicating all NOAA content or duplicating 
broadcast news reports. Many other commenters support this proposal
    AASHTO, on the other hand, argues that other options exist for 
accessing routine NOAA weather information and that ``TIS transmissions 
should continue to be reserved for location and time-limited weather 
related and other emergency information.'' AASHTO suggests that 
``expansion of information beyond this basic core will dilute the value 
of TIS transmissions and travelers

[[Page 50343]]

will be dissuaded from tuning to TIS transmissions unless they know 
that important emergency information is being transmitted.'' Several 
other commenters agree. Gropper notes that ``[t]ravelers now have many 
sources of up to the minute weather and traffic information beyond 
traditional AM and FM broadcast sources, including cell phone, mobile 
internet, automobile based information systems, and satellite radio. 
Therefore, due to technological advances, TIS is no longer the primary 
alternative to AM/FM broadcasts for this information.'' Nevertheless, 
Gropper supports integrating NOAA Weather Radio into TIS, short of 
continuous rebroadcast, arguing that this will allow for full 
automation of such broadcasts during an emergency and that not all 
information regarding dangerous weather conditions is ``tone alerted'' 
(e.g. severe weather statements, dense fog and snow advisories).
    We find that expanding the TIS rules to allow the transmission of 
non-emergency, non-travel-related information would dilute the 
effectiveness of TIS in assisting travelers and providing 
geographically focused emergency information. Routine weather 
information is widely available on commercial radio stations and 
increasingly available over cell phone, mobile internet, automobile 
based information systems, and satellite radio. While motorists should 
not access weather information from cell phones and the mobile internet 
while driving, they may safely do so through the other foregoing means. 
By limiting TIS weather information to potentially hazardous 
conditions, drivers and other travelers will know immediately that they 
are receiving non-routine weather information that could negatively 
impact driving conditions. Moreover, prohibiting the routine 
retransmission of NOAA weather radio broadcasts does not thereby 
prohibit the ``integration'' of NOAA weather radio or NOAA radio all-
hazards information into TIS during times of hazardous or potentially 
hazardous conditions. TIS stations may transmit NOAA broadcasts, 
whether ``tone alerted'' or not, so long as they relate to an existing 
or potential hazard. Similarly, we find that allowing routine TIS 
broadcast during non-emergency periods of terrorist threat levels, 
public health alerts, emergency preparedness messages, conservation 
messages, and the like, is not in the public interest, as such routine 
broadcasts also would dilute situational awareness pertinent to the 
traveling motorist. The primary purpose of the TIS is to assist 
motorists in the process of traveling and to provide emergency and 
imminent threat information in covered areas. Therefore, we will 
continue to disallow messages that do not have a travel nexus, are not 
emergency-related, or do not relate directly to an imminent threat 
because such messages would dilute the convenience and efficacy of TIS.
    Determination of what constitutes allowable information. Beyond the 
issue of defining the allowable scope of TIS content, commenters also 
express divergent views on who should determine whether any particular 
content complies with the applicable definition. Some commenters argue 
for detailed rule-based definitions of what is permissible. AASHTO 
argues that ``TIS licensees would be better served with rule-based 
criteria that specify the information that may be transmitted over TIS 
facilities and the mechanism by which a TIS operator may determine when 
the transmission of emergency information should begin and end.'' 
AASHTO suggests allowable emergency information is that which is 
``officially recognized by the Federal government.'' SHA agrees that 
there should be ``nationwide consistency'' in messaging in order to 
meet ``the expectations of the traveling public.'' However, SHA 
suggests that 47 CFR 90.405(a)(1) and 90.407 ``provide sufficient 
guidance related to the broadcast of routine and non-routine 
information during emergency situations.''
    Other commenters argue for giving discretion to TIS licensees to 
determine what is and is not permissible under the applicable rules. 
AAIRO suggests that the Commission ``defer to TIS operators on a 
general basis'' on which content to air. Similarly, Gropper advises the 
Commission to ``not choose the permitted content on TIS, but instead . 
. . set broad areas of permitted activities and leave it to the 
licensees to implement the FCC's policy.'' George states that local 
governments are best ``qualified to make the decision on what 
information should be distributed.'' Auburn similarly states that TIS 
operators should be allowed to use TIS ``regardless of the exact nature 
of the life safety message that we choose to broadcast.'' AAIRO states 
that the Commission must achieve a balance between ``too strict 
definitional criteria [which] would be impractical,'' and sufficient 
clarity ``to avoid the chilling effect of uncertainty in the current 
rule.''
    We are persuaded by those commenters that argue that the part 90 
rules should allow for discretion on the part of TIS licensees 
regarding use of the TIS service. Given their intimate knowledge of 
local conditions and considering the limited area of operation of TIS 
base stations, TIS licensees are in the best position to determine what 
constitutes an ``imminent [threat to] safety-of-life or property,'' as 
well as when emergency conditions reach the level of a ``hurricane, 
flood, earthquake or similar disaster.'' Again, permissible use of the 
TIS in such conditions could include the transmission of evacuation 
routes and the location of shelters, health care and other emergency 
facilities, as well as weather or other conditions that may negatively 
impact driving conditions. These clarifications are consistent with the 
Commission's longstanding recognition of the public interest in 
ensuring that TIS stations timely inform traveling motorists about 
emergency events and situations that may have a bearing on the 
immediate welfare and safety of the public. Nevertheless, we also 
emphasize that local authorities only have discretion within the scope 
of the part 90 rules, and that with that discretion comes 
responsibility for compliance. The discretion afforded to local 
authorities therefore does not in any way limit our authority to take 
enforcement action to the extent a TIS station operates in violation of 
this Report and Order or the part 90 rules.
    Service Name Change. Commenters are divided on whether to adopt a 
new name for TIS. AASHTO suggests changing the name to ``Highway 
Advisory Service.'' Gropper suggests ``Transportation and Government 
Information AM Radio Service,'' which he contends would ``reflect the 
new potential scope of the service.'' Snyder supports a name change 
along with the lifting of restrictions to use by government agencies 
only. SHA opposes the name ``Local Government Radio Service,'' proposed 
in the HIS Petition, on the grounds that many TIS operators are not 
local government organizations and that such a name change could 
promote broadcasting of information ``already covered by commercial 
radio stations.'' AAIRO opposes a name change as it does not favor 
changing the fundamental nature of the service.
    We will retain the present name of the service. Given our 
determination above that the primary purpose of TIS is to assist 
motorists in the process of traveling and to provide emergency and 
imminent threat information in covered areas, we see no reason to adopt 
a new service name.
    We also take this opportunity to update the definition of TIS in 
Sec.  90.7 by replacing the reference to the former Local Government 
Radio Service with a reference to the Public Safety Pool. This change 
recognizes that the Local

[[Page 50344]]

Governmental Radio Service is an anachronism (since that Service was 
folded into the Public Safety Pool) and conforms the definition of TIS 
to the relevant substantive authorizing rules, which assign to the 
Public Safety Pool the operation of TIS. While we did not specifically 
request comment on updating the definition of TIS, under section 
553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), 
notice and comment procedures do not apply ``when the agency for good 
cause finds (and incorporates the finding and a brief statement for 
reasons therefore in the rules issued) that notice and public 
procedures thereon are . . . unnecessary.'' The ``unnecessary'' 
exception to the notice requirement is ``confined to those situations 
in which the administrative rule is a routine determination, 
insignificant in nature and impact, and inconsequential to the industry 
and to the public.'' ```Unnecessary' refers to the issuance of a minor 
rule or amendment in which the public is not particularly interested.'' 
We find that updating the definition of ``Travelers' information 
station'' in Sec.  90.7 meets the requirements for the good cause 
exception because notice and comment are ``unnecessary'' in these 
respects; the amendment of the rule defining TIS constitutes an 
editorial change that simply reflects Commission action taken in 1997. 
In that action, the Commission eliminated the Local Governmental Radio 
Service as a stand-alone service by folding it into the broader Public 
Safety Pool, and extended eligibility for each of the Pool's component 
services to any entity that had been eligible for any one of those 
services. Accordingly, since 1997, TIS licenses could be held by any 
entity eligible for a license within the Public Safety Pool, not just 
entities that had been eligible for the superseded Local Government 
Radio Service referenced by the definition of TIS in Sec.  90.7.

Geographic and Operational Limitations

    With regard to TIS operational limitations, the NPRM asked a series 
of technical questions: Whether the Sec.  90.242 interference 
protection standards adequately protect AM stations; whether the 
Commission should adopt specific second and third-adjacent channel 
protection standards to ensure lack of interference to AM stations; to 
what extent TIS broadcast locations could be expanded without resulting 
in harmful interference to other licensees; to what extent those 
changes would be of any practical usefulness given the limitations on 
power output presently established in the TIS rules; whether those 
power output limitations would also need to be relaxed in order to 
provide local governments with any benefits; if power output 
limitations were relaxed, what rule changes would be necessary to 
ensure that AM stations are adequately protected; and whether there any 
other technical rules that would need to be changed.
    In general, AAIRO argues that no revision to the technical or 
siting provisions of the rules is necessary aside from lifting the 
filtering restriction in Sec.  90.242(b)(8) (discussed in the Further 
Notice of Proposed Rulemaking below). HIS proposed elimination of all 
TIS site transmitter locations, but its successor entity, Vaisala, 
merely states that it supports ``more operational flexibility'' without 
requesting specific changes. AASHTO calls for adjustment of ``power 
levels and other technical criteria to improve the service while 
ensuring that TIS facilities will not cause harmful interference to AM 
broadcast stations.'' Several comments were directed to particular 
technical issues.
    Field Strength. Sec.  90.242(b)(4)(iv) of the Commission's rules 
specifies that the field strength of TIS stations may ``not exceed 2 
mV/m when measured with a standard strength meter at a distance of 1.50 
km (0.93 miles) from the transmitting antenna system.'' The NPRM asked 
whether the existing TIS field strength limit was necessary to protect 
AM broadcast stations and other TIS stations from interference when 
other technical limitations exist in the rules; whether the field 
strength limit was only needed because of the present requirement to 
provide specific information to the ``immediate vicinity'' of areas 
listed in Sec.  90.242(a)(5); whether this limit would be unnecessary 
if TIS stations were to be permitted to provide more general 
information that is applicable to broader areas; what, if the 
Commission allows TIS stations to serve broader areas, the new field 
strength limit should be, if any; whether a relaxed field strength 
limit frustrates the purpose of the Commission's spacing requirements 
between co-channel TIS stations as set forth in Sec.  90.242(b)(5) of 
the Commission's rules; and whether additional technical or operational 
changes would be necessary if the field strength limits were amended.
    There was limited comment on these issues. SHA opposes increasing 
the maximum field strength of TIS, arguing that if it is increased, 
``risks of interference will be present and the FCC will then have to 
adopt specific second and third level channel protection standards'' 
necessitating ``a research project to determine the effects on AM 
stations, under a variety of scenarios (power output, spacing, field 
strength, etc.)'' prior to any rule change. We find that the record 
provides no substantial support for changing the field strength limit. 
We encourage licensees to continue to work together to resolve 
interference issues that occur under our existing technical rules. We 
also note that the Commission may modify a TIS authorization if a 
legally-operating TIS station causes interference.
    Site Location Restrictions. Our rules restrict TIS transmitting 
sites 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.'' The NPRM sought 
comment on HIS's request that we remove these siting restrictions. 
Gropper supports ``[r]elaxed siting of AM transmitters . . . to provide 
for maximum utilization of the TIS system.'' AASHTO, however, suggests 
only minimal expansion of location requirements, if any, and a 
reevaluation of appropriate power levels and other technical criteria 
for TIS stations due to the long passage of time since the regulations 
were promulgated. Both AAIRO and SHA oppose eliminating site 
restrictions due to interference concerns. NAB adds that eliminating 
such restrictions ``would delink TIS operations from its intended 
purpose.''
    We believe the record provides insufficient support for any 
modification of present TIS site restrictions since it does not 
establish whether elimination or even expansion of these restrictions 
would lead to harmful interference with non-TIS stations. Accordingly, 
we find that retaining these restrictions is in the public interest, 
and thus we leave them in place as well.
    Other Rule Changes to Protect Other AM Stations. Pavlica states 
that in order to protect other AM stations from interference at night, 
TIS transmitters must ``be prepared to change [their] frequency +/- 30 
KHz in the event of night time skywave interference reported by the 
public.'' While we appreciate this concern, we encourage licensees to 
continue to work together to resolve interference issues that occur 
under our existing technical rules. We note that the Commission may 
modify a TIS authorization if a legally-operating TIS station causes 
interference. The Commission will also take enforcement action, as 
appropriate, where there are violations of the Commission's rules.

[[Page 50345]]

Accordingly, we do not believe the record indicates the need for 
further action on our part on this issue at present.
    Ribbon Systems. The 1977 TIS Report and Order prohibited ``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.'' In response to a proposal from AASHTO to 
relax this restriction, the NPRM asked for commenters' views on either 
(1) allowing ribbon systems but requiring them to transmit unique 
information applicable to each transmitter's immediate area, or (2) 
allowing ribboned stations to transmit in a synchronized mode, where 
all TIS stations transmit the same message in unison. With respect to 
the latter scenario, the NPRM further asked if synchronized use of 
ribbon systems could provide benefits that would outweigh the 
Commission's original intent to prevent use of TIS to transmit 
superfluous information.
    AAIRO supports allowing synchronized ribboning of TIS stations, 
contending that it would be ``useful in alleviating congestion along a 
route and to manage the flow of traffic during widespread 
emergencies.'' AASHTO says such ribboning would ``allow travelers to 
receive updated information before reaching the location of a traffic 
condition or other incident.'' Several other commenters support lifting 
the restriction for the same reasons. However, San Francisco opposes 
ribboning as ``duplicative of a 511 service.''
    We disagree that ribbon systems are duplicative of 511 service. TIS 
and 511 systems can coexist and complement each other by providing 
information about other means of obtaining traffic information. We also 
find that the public interest lies in allowing simulcast systems of 
transmitters, which commenters indicate can help to manage traffic flow 
or provide a means of broadcasting relevant information over complex 
geographic terrain. Our actions today will also lower operational costs 
for TIS licensees without diminishing benefits to the traveling public. 
However, we will permit ribbon systems to be used only for transmission 
of travel and emergency information that is relevant to travelers in 
the vicinity of each transmitter in the network. While we leave it to 
the discretion of the TIS license holders to determine relevancy, 
licensees should not view this relaxation of the ribboning restriction 
as carte blanche for the simulcasting of irrelevant content over a 
large geographic area.

Procedural Matters

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, see 5 U.S.C. 
603, the Commission has prepared a Final Regulatory Flexibility 
Analysis (FRFA) of the possible significant economic impact on small 
entities of the policies and rules addressed in this document. The FRFA 
is set forth in Appendix C of the Report and Order and Further Notice 
of Proposed Rulemaking. 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 FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). See 5 U.S.C. 603(a).

Paperwork Reduction Act Analysis

    This Report and Order does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, the Report and Order 
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 44 
U.S.C. 3506(c)(4).

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 the Commission shall send a copy of this 
Report and Order in a report to be sent to Congress and the General 
Accounting Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 90

    Communications equipment; Radio.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 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) OCC and Title VI of the Middle Class 
Tax Relief and Jobs Creation Act of 2012, Pub. L. 112-96, 126 Stat. 
156.

0
2. Section 90.7 is amended by revising the definition of ``Travelers' 
information station'' to read as follows:


Sec.  90.7  Definitions.

* * * * *
    Travelers' information station. A base station in the Public Safety 
Pool used to transmit non-commercial, voice information pertaining to 
traffic and road conditions, traffic hazard and traveler advisories, 
directions, availability of lodging, rest stops, and service stations, 
and descriptions of local points of interest.
* * * * *

0
3. Section 90.242 is amended by revising paragraph (a)(7) to read as 
follows:


Sec.  90.242  Travelers' information stations.

    (a) * * *
    (7) Travelers' Information Stations shall transmit only 
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. It is not permissible to 
identify the commercial name of any business establishment whose 
service may be available within or outside the coverage area of a 
Travelers' Information Station. However, to facilitate announcements 
concerning departures/arrivals and parking areas at air, train, and bus 
terminals, the trade name identification of carriers is permitted. 
Travelers' Information Stations may also transmit information in 
accordance with the provisions of Sec. Sec.  90.405 and 90.407.
* * * * *
[FR Doc. 2013-20000 Filed 8-16-13; 8:45 am]
BILLING CODE 6712-01-P