[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Proposed Rules]
[Pages 70837-70838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26062]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 10-4; FCC 14-138]


The Commission's Rules To Improve Wireless Coverage Through the 
Use of Signal Boosters

AGENCY: Federal Communications Commission

ACTION: Further notice of proposed rulemaking.

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SUMMARY: In the Further Notice of Proposed Rulemaking, the Commission 
seeks comment on whether to retain the ``personal use'' restriction for 
Provider-Specific Consumer Signal Boosters.

DATES: Submit comments on or before December 29, 2014 and reply 
comments on or before January 20, 2015.

ADDRESSES: You may submit comments, identified by WT Docket No. 10-4 or 
FCC 14-138, by any of the following methods:
    [ssquf] Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    [ssquf] Mail: FCC Headquarters, 445 12th St. SW., Washington, DC 
20554.
    [ssquf] 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: Amanda Huetinck of the Mobility 
Division, Wireless Telecommunications Bureau, at (202) 418-7090 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is the Commission's Further Notice of 
Proposed Rulemaking, in WT Docket No. 10-4, FCC 14-138, adopted 
September 19, 2014, and released September 23, 2014. The Order on 
Reconsideration that was adopted concurrently with the Further Notice 
of Proposed Rulemaking is published elsewhere in this issue of the 
Federal Register.
    The full text of that document is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street SW., Room CY-A257, Washington, DC 20554, or by downloading 
the text from the Commission's Web site at http://www.fcc.gov/document/signal-boosters-order-reconsideration-and-fnprm. The complete text also 
may be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., Portals II, 445 12th Street SW., Suite CY-
B402, Washington, DC 20554.
    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. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] 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.
    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.
    [ssquf] 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.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street, SW., Washington DC 20554.
    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).

Synopsis

I. Introduction and Background

    1. In this Further Notice of Proposed Rulemaking, we seek comment 
on whether to retain the ``personal use'' restriction for Provider-
Specific Consumer Signal Boosters.
    2. The Commission released the Signal Boosters NPRM on April 6, 
2011, whereby it proposed rules to facilitate the development and 
deployment of well-designed signal boosters. On February 20, 2013, in 
the Signal Boosters Report and Order (Report and Order), the Commission 
adopted the new regulatory framework to allow consumers to realize the 
benefits of using signal boosters while preventing, controlling, and, 
if necessary, resolving interference to wireless networks. In the 
Report and Order, the Commission

[[Page 70838]]

adopted new technical, operational, and registration requirements for 
signal boosters. The new rules created two classes of signal boosters--
Consumer and Industrial--with distinct regulatory requirements for 
each.

II. Further Notice of Proposed Rulemaking

    3. The underlying purpose of the Report and Order was to broaden 
the availability of signal boosters while ensuring that these boosters 
do not adversely affect wireless networks. In the concurrently adopted 
Order on Reconsideration, we adopted rule amendments that advance this 
goal by making Provider-Specific Consumer Signal Booster safer to 
wireless networks. Consistent with that purpose, we now consider 
whether to further expand consumer access to signal boosters. We 
therefore seek comment on whether to remove the ``personal use'' 
restriction on the operation of Provider-Specific Consumer Signal 
Boosters.
    4. To facilitate broader access to signal boosters, in the Report 
and Order, we developed a streamlined process for authorizing Consumer 
Signal Boosters by requiring consumers to obtain the consent of their 
wireless carrier and register their Consumer Signal Booster with that 
carrier. We found that this licensing framework would best facilitate 
the rapid introduction of Consumer Signal Boosters while enabling 
wireless operators to maintain sufficient control of their networks. By 
incorporating the restriction that Consumer Signal Boosters may be 
operated only for ``personal use,'' we also made it possible for 
consumers to seek consent from and register their devices only with the 
wireless carrier to which they subscribe. This restriction is 
particularly relevant for Wideband Consumer Signal Boosters, as they 
are capable of operating on spectrum licensed to multiple wireless 
providers.
    5. With Provider-Specific Consumer Signal Boosters, however, we 
question whether this ``personal use'' restriction remains necessary, 
as the device operates only on a single provider's spectrum. Because 
the consumer will have obtained consent from and registered with that 
single carrier, any transmissions from the Signal Booster are therefore 
authorized.
    6. We therefore ask whether we should eliminate the ``personal 
use'' restriction for Provider-Specific Consumer Signal Boosters (but 
not for Wideband Consumer Signal Boosters). Would removing this 
restriction for Provider-Specific Consumer Signal Boosters be in the 
public interest? What are the costs and benefits of removing the 
restriction? What are the costs and benefits of maintaining the 
restriction?

III. Procedural Matters

A. Paperwork Reduction Act

    7. The Further Notice of Proposed Rulemaking does not contain new 
or modified information collection requirements subject to the 
Paperwork Reduction Act of 1995 (PRA). Therefore the Further Notice of 
Proposed Rulemaking does not contain any new or modified information 
collection burdens for small businesses with fewer than 25 employees, 
pursuant to the Small Business Paperwork Relief Act of 2002.

B. Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.''
    9. We hereby certify that the Further Notice of Proposed Rulemaking 
will not have a significant economic impact on a substantial number of 
small entities. The Commission will send a copy of the Further Notice 
of Proposed Rulemaking, including this certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

C. Ex Parte Presentations

    10. Permit-But-Disclose. We will continue to treat this proceeding 
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 rule Sec.  1.1206(b). In proceedings governed 
by rule 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.

IV. Ordering Clauses

    11. Accordingly, it is ordered that, pursuant to the authority of 
sections 1, 4(i), 7, 10, 201, 202, 208, 214, 301, 302, 303, 308, 
309(j), 310, and 710 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 214, 301, 302a, 303, 308, 
309(j), 310, and 610, and Sec. Sec.  1.412, 1.425, and 1.429 of the 
Commission's rules, 47 CFR 1.412, 1.425, 1.429, the Further Notice of 
Proposed Rulemaking is hereby adopted.
    12. It is further ordered that the Commission shall send a copy of 
the Further Notice of Proposed Rulemaking to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act.
    13. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Further Notice of Proposed Rulemaking to the Chief Counsel 
for Advocacy of the Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2014-26062 Filed 11-26-14; 8:45 am]
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