[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Proposed Rules]
[Pages 59903-59906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23645]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 13-209, RM-11663; FCC 13-117]
Emission Mask Requirements for Digital Technologies on 800 MHz
NPSPAC Channels; Analog FM Capability on Mutual Aid and
Interoperability Channels
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document seeks comment on proposals to amend the
Commission's rules to promote spectrum efficiency, interoperability,
and restrict interference in public safety operations in the (806-809/
851-854 MHz, 150-170 MHz and 450-470 MHz bands). 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 November 14, 2013 and reply
comments are due on or before November 29, 2013.
ADDRESSES: You may submit comments, identified by PS Docket No. 13-209,
by any of the following methods:
Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/ (or http://www.fcc.gov/cgb/ecfs). 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: John A. Evanoff, Esq., Policy and
Licensing Division, Public Safety and Homeland Security Bureau, (202)
418-0848.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 13-117, adopted August 23, 2013 and
released on August 27, 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-
209, the Commission initiates a new proceeding in response to a
Petition for Rulemaking filed by Harris Corporation (Harris). The NPRM
proposes to require digital technologies, including but not limited to
Terrestrial Trunked Radio (TETRA) based technologies, to comply with
Emission Mask H when operated in the 800 MHz National Public Safety
Planning Advisory Committee (NPSPAC) band (806-809/851-854 MHz). The
NPRM also proposes to require equipment to have analog FM capability
when operating on 800 MHz NPSPAC, VHF (150-170 MHz), and UHF (450-470
MHz) public safety mutual aid and interoperability channels. These
proposals could help safeguard public safety licensees in the NPSPAC
band from adjacent-channel interference and preserve interoperability
in the NPSPAC, VHF and UHF bands.
2. 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
[[Page 59904]]
Docket No. 13-209. Comments may be filed using: (1) The Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ (or 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 each additional docket or
rulemaking number.
3. 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.
4. 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/.
5. 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).
6. 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, 63 FR 44161, August 18, 1998, Order on
Reconsideration, 64 FR 55161, October 12, 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.
7. 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.
A. Initial Paperwork Reduction Act of 1995 Analysis
8. This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
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).
B. Initial Regulatory Flexibility Act of 1980 Analysis
9. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in the Notice of Proposed Rulemaking (NPRM). Written public
comments are requested on this IRFA. Comments must be filed by the same
dates as listed on the first page of the NPRM and must have a separate
and distinct heading designating them as responses to this IRFA. The
Commission will send a copy of the NPRM, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
[[Page 59905]]
C. Need for, and Objectives of, the Proposed Rules
10. In the NPRM, the Commission seeks comment on proposals to amend
the Commission's rules governing public safety spectrum at 806-809/851-
854 MHz, VHF and UHF. The NPRM is intended to determine whether it is
in the public interest, convenience and necessity to amend the Part 90
rules for emission masks and interoperability in order to prevent
interference and promote interoperable public safety communications.
D. Legal Basis
11. The legal basis for any action that may be taken pursuant to
the NPRM is contained in sections 1, 2, 4(i), 301, 303, 307, 309, 319,
324, and 332 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 152, 154(i), 301, 303, 307, 309, 319, 324, and 332.
E. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
12. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. 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 SBA.
13. Private Land Mobile Radio Licensees. PLMR systems serve an
essential role in a range of industrial, business, land transportation,
and public safety activities. These radios are used by companies of all
sizes operating in all U.S. business categories, and are often used in
support of the licensee's primary (non-telecommunications) business
operations. For the purpose of determining whether a licensee of a PLMR
system 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 PLMR licensees to disclose information about number of
employees, so the Commission does not have information that could be
used to determine how many PLMR licensees constitute small entities
under this definition. We note that PLMR licensees generally use the
licensed facilities in support of other business activities, and
therefore, it would also be helpful to assess PLMR licensees under the
standards applied to the particular industry subsector to which the
licensee belongs.
14. As of November 1, 2012, there were 1,185 PLMR licensees
operating in the PLMR band between 806-809/851-854 MHz (NPSPAC band)
and 686 PLMR licensees operating on the VHF and UHF public safety
interoperability channels. We note that any entity engaged in a
commercial activity is eligible to hold a PLMR license, and that any
revised rules in this context could therefore potentially impact small
entities covering a great variety of industries.
15. RF Equipment Manufacturers. 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 small business size standard for
Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing 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 the entire year. Of
this total, 912 had employment of under 500, and an additional 10 had
employment of 500 to 999. Thus, under this size standard, the majority
of firms can be considered small.
F. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
16. The NPRM proposes two rule changes that will affect reporting,
recordkeeping and other compliance requirements. The NPRM proposes
requiring digital technologies, including, but not limited to TETRA-
based technologies, to (a) comply with Emission Mask H when operated on
800 MHz NPSPAC channels and (b) have analog FM capability on public
safety mutual aid and interoperability frequencies. These digital
technologies are spectrum-efficient, but have characteristics that
differ from those in use when the Emission Mask rules were adopted and,
hence, have a greater likelihood of causing adjacent-channel
interference than the earlier technologies. Industry practice
recognizes that (1) digitally-modulated signals must be certified under
the H-Mask for use in public safety spectrum and (2) radios intended
for use on mutual aid and interoperability channels must be capable of
analog FM operation. We expect that large and small manufacturers
already comply with these proposed regulations. However, to the extent
some manufacturers do not already comply with these proposed
regulations and industry standards, we expect that such manufacturers
would refrain from marketing their equipment to public safety entities
as being in compliance with the Commission's rules and ensure that
their equipment performs consistent with these proposed regulations
designed to prevent interference and preserve interoperability.
G. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
17. 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 and
reporting requirements under the rule for small entities; (3) the use
of performance rather than design standards; and (4) an exemption from
coverage of the rule, or any part thereof for small entities.
18. We have evaluated our proposals in this NPRM in the context of
small business entities and find no alternatives, to the benefit of
small entities that would achieve our goals of interference avoidance
and interoperability. Additionally, this NPRM proposes rules that are
consistent with industry practice. Accordingly, we expect most
manufacturers already comply with our proposed regulations, therefore
minimizing any significant economic impact on small entities.
19. We hereby invite interested parties to address any or all of
these regulatory alternatives and to suggest additional alternatives to
minimize any significant economic impact on small entities. Any
significant alternative presented in the comments will be considered.
[[Page 59906]]
H. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
20. None.
Ordering Clauses
21. 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.
22. 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 November 14, 2013, and reply comments on or before November
29, 2013.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
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), 332(c)(7).
0
2. Section 90.203 is amended by revising paragraphs (i) and (j)(1) to
read as follows:
Sec. 90.203 Certification Required.
* * * * *
(i) Equipment certificated after DATE and marketed for public
safety operation in the 806-809/851-854 MHz bands must have the
capability to be programmed for analog FM operation on the mutual aid
channels as designated in Sec. 90.617(a)(1) of the rules.
(j) * * *
(1) Applications for certification received on or after DATE, for
mobile and portable transmitters designed to transmit voice on public
safety frequencies in the 150-174 MHz band will be granted only if the
mobile/portable equipment is capable of operating in the analog FM mode
on the nationwide public safety interoperability calling channel in the
150-174 MHz band. (See Sec. 90.20(c) and (d) of this part.)
Applications for certification received on or after DATE, for mobile
and portable transmitters designed to transmit voice on public safety
frequencies in the 450-470 MHz band will be granted only if the mobile/
portable equipment is capable of operating in the analog FM mode on the
nationwide public safety interoperability calling channel in the 450-
470 MHz band. (See Sec. 90.20(c) and (d) of this part.)
* * * * *
0
3. Section 90.210 is amended in the table by adding footnote 6 to the
entry for ``806-809/851-854'' to read as follows:
Sec. 90.210 Emission Masks.
Applicable Emission Masks
------------------------------------------------------------------------
Mask for Mask for
equipment equipment
Frequency band (MHz) with audio without
low pass audio low
filter pass filter
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* * * * *
806-809/851-854 \6\........................... B H
* * * * *
------------------------------------------------------------------------
* * * * *
\6\ Transmitters utilizing analog emissions that are equipped with an
audio low-pass filter must meet Emission Mask B. All transmitters
utilizing digital emissions and those transmitters using analog
emissions without an audio low-pass filter must meet emission mask H.
[FR Doc. 2013-23645 Filed 9-27-13; 8:45 am]
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