[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71321-71326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28250]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[PS Docket No. 13-87; PS Docket No. 06-229, WT Docket No. 96-86, RM-
11433 and RM-11577, FCC 14-172]


Service Rules Governing Narrowband Operations in the 769-775/799-
805 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission implements certain changes to 
the rules governing the 700 MHz public safety narrowband spectrum (769-
775/799-805 MHz). We eliminate the requirement for licensees to 
narrowband to 6.25 kHz technology by December 2016, thereby enabling 
licensees to extend the life of existing systems and providing public 
safety with greater flexibility in determining the optimal future use 
of the band. In addition, we revise and update the technical rules for 
the band to enhance interoperability and open up certain channels to 
new uses, and we release reserve spectrum to provide additional 
capacity, particularly for public safety licensees relocating to the 
700 MHz band from the T-Band (470-512 MHz). These rule changes enhance 
the ability of public safety licensees to use this spectrum to protect 
the safety of life and property.

DATES: Effective January 2, 2015, except for the amendments to 47 CFR 
2.1033(c)(20), 90.531(b)(2), and 90.531(b)(7), containing new or 
modified information collection requirements that require approval by 
the Office of Management and Budget under the Paperwork Reduction Act 
of 1995, which will be effective after such approval on the effective 
date specified in a notification the Commission will publish in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, (202) 418-0838.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in PS Docket No. 13-87, FCC 14-172, released on October 24, 
2014. 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).
    In 2013, the Commission's Notice of Proposed Rulemaking (NPRM) 
sought comment on several proposals to amend the 700 MHz public safety 
narrowband rules. First, the Commission asked whether it should extend 
or eliminate the December 31, 2016 narrowbanding deadline for 700 MHz 
public safety narrowband licensees. Next, it sought comment on a 2010 
National Public Safety Telecommunications Council (NPSTC) proposal to 
designate certain 700 MHz narrowband channels for low-altitude, low 
power, air-ground voice communications. Finally, it sought comment on 
other NPSTC proposals made in an earlier 2008 petition and matters 
raised on the Commission's own motion.
    In the Report and Order the Commission eliminates the December 31, 
2016 narrowbanding deadline for 700 MHz public safety narrowband 
licensees to transition from 12.5 kilohertz to 6.25 kilohertz channel 
bandwidth technology. The Commission also re-designates channels in the 
700 MHz band that are currently licensed for secondary trunking 
operations for public safety aircraft voice operations, consistent with 
NPSTC's 2010 proposal. The Commission reallocates the Reserve Channels 
to General Use Channels and affords T-Band public safety licensees 
priority for licensing of the former Reserve Channels in T-Band areas. 
The Commission also addresses NPSTC's proposals and technical matters 
raised in the NPRM. As a result of our decision to eliminate the 700 
MHz narrowbanding deadline and designate the Reserve Spectrum for 
General Use, we dismiss as moot several requests for waiver filed prior 
to and during the pendency of this rulemaking.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    The Final Regulatory Flexibility Analysis required by section 604 
of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix A of the Report and Order.

B. Paperwork Reduction Act of 1995 Analysis

    The Report and Order document contains new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. It will be submitted to the Office of 
Management and Budget (OMB) for review under section 3507(d) of the 
PRA. OMB, the general public, and other Federal agencies are invited to 
comment on the new information collection requirements contained in 
this proceeding.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated into the NPRM 
of this proceeding. The Commission sought written public comment on the 
IRFA. The RFA requires that an agency prepare a regulatory flexibility 
analysis for notice-and-comment rulemaking proceedings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' The RFA generally defines ``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 Small Business Administration (SBA). The present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

[[Page 71322]]

A. Need for, and Objectives of, the Proposed Rules

    1. In the Report and Order, we amend the Commission's rules 
governing 700 MHz public safety narrowband spectrum at 769-775 MHz and 
799-805 MHz. The rule changes adopted are intended to promote flexible 
and efficient use of public safety narrowband spectrum in the 700 MHz 
band while reducing the regulatory burdens on licensees wherever 
possible. In order to achieve these objectives, we:
     Eliminate the December 31, 2016 narrowbanding deadline for 
700 MHz public safety narrowband licensees to transition from 12.5 
kilohertz to 6.25 kilohertz channel bandwidth technology.
     Redesignate channels in the 700 MHz band that are 
currently licensed for secondary trunking operations for public safety 
aircraft voice operations, at a maximum ERP of 2 watts, consistent with 
NPSTC's 2010 proposal.
     Decline to establish a Nationwide Interoperability Travel 
Channel.
     Allow voice operations on Data Interoperability Channels 
on a secondary basis.
     Reallocate the Reserve Channels to General Use Channels 
and afford T-Band public safety licensees priority for licensing of the 
former Reserve Channels in T-Band areas.
     Decline to increase the permissible 2 watt ERP for radios 
operating on the mobile-only low power channels.
     Encourage manufacturers to demonstrate compliance with 
Sec.  90.548 of the Commission's rules (Interoperability Technical 
Standards) by submitting evidence of Compliance Assessment Program 
(CAP) approval. Alternatively, manufacturers may provide a document 
demonstrating how they determined that their devices are interoperable 
across vendors and meet Sec.  90.548 requirements.
     Adopt rules governing the spectral output of signal 
boosters when simultaneously retransmitting multiple signals.
     Adopt effective radiated power (ERP) as a regulatory 
parameter in place of transmitter power output (TPO).
     Recommend, but do not require, that 700 MHz radios 
operating on interoperability calling channels employ the Network 
Access Code (NAC) $293.
     Clarify that 700 MHz radios must be capable of being 
programmed for all 64 interoperability channels, but that all 64 
channels need not be immediately accessible to the user.
     Clarify that the rules do not allow analog operation on 
the 700 MHz interoperability channels.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    1. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    2. 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.
    3. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Licensees include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services. For 
the purpose of determining whether a Public Safety Radio Licensee 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 Public Safety 
Radio Licensees to disclose information about number of employees, so 
the Commission does not have information that could be used to 
determine how many Public Safety Radio licensees constitute small 
entities under this definition.
    4. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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 has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which 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 
part or all of the entire year. According to Census bureau data for 
2007, there were a total of 919 firms in this category that operated 
for the entire year. Of this total, 771 had fewer than 100 employees 
and 148 had more than 100 employees. Thus, under that size standard, 
the majority of firms can be considered small.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    2. This Report and Order adopts a rule that will entail reporting, 
recordkeeping, and/or third-party consultation. Specifically, the 
Report and Order requires all Wireless Communications Equipment 
Manufacturers that manufacture 700 MHz narrowband equipment capable of 
operating on the interoperability channels to demonstrate compliance 
with the Commission's Interoperability Technical Standards. One method 
of demonstrating this compliance is demonstrating compliance with the 
Project 25 Compliance Assessment Program (CAP). CAP is a program that 
establishes an independent compliance assessment process to ensure that 
communications equipment conforms to Project 25 standards and is 
interoperable across vendors. The purpose of this rule is to enhance 
interoperability and provide assurance to licensees that their 
equipment is interoperable across vendors regardless of which vendor 
they choose. Thus, the Report and Order establishes the presumption 
that CAP compliance is sufficient to show compliance with Sec.  90.548. 
Alternatively, a manufacturer may submit a document describing how it 
determined compliance with Section 90.548 and that its equipment is 
interoperable across vendors. The Report and Order concludes this is 
the most effective means of ensuring licensee adherence with Sec.  
90.548 of our rules. The estimated burden and cost levels for equipment 
certification are described in more detail in the supporting statement 
for OMB Control No. 3060-0057.
    3. This Report and Order designates the twenty-four 12.5 kilohertz 
bandwidth reserve channel pairs for General Use subject to the approved 
regional planning committee regional plans. To date, only 47 out of 55 
regions have obtained approval for their plans. As a result, we direct 
these 47 700 MHz

[[Page 71323]]

regional planning committees that have obtained approval for their 
regional plans to modify their plans to reflect the new 700 MHz 
narrowband General Use reserve spectrum allocation adopted in this 
Report and Order. Therefore, these 47 regions will incur a one-time 
burden as they implement the final rule. Similarly, we estimate that 
each of the 55 regional planning committees will receive information on 
how to incorporate the reserve channels into their plans from 
approximately 20 eligible entities, so that the total number of third 
party respondents is estimated to be approximately 1100. The estimated 
burden and cost levels are described in more detail in the supporting 
statement for OMB 3060-0805, ICR Ref No. 201103-3060-001.
    4. This Report and Order designates the twenty-four 12.5 kilohertz 
bandwidth reserve channel pairs for General Use subject to the approved 
regional planning committees' regional plans. Each applicant for 
General Use Reserve Spectrum shall notify the relevant Regional 
Planning Committee(s) prior to filing a license application with the 
Commission and allow the Regional Planning Committee the opportunity to 
review the application and prepare a statement of concurrence. Any 
statement of concurrence from the Regional Planning Committee shall be 
submitted with the applicant's license application. Therefore, these 
licensees and regional planning committees will incur a one-time burden 
each time an application is filed with the Commission. The estimated 
burden and cost levels are described in more detail in the supporting 
statement for OMB 3060-1198, ICR Ref. No. 201404-3060-023. 
Additionally, T-Band incumbents that seek to license the Reserve 
Channels must commit to return to the Commission an equal amount of T-
Band spectrum.
    5. This Report and Order redesignates the Secondary Trunking 
Channels to support Air-Ground communications subject to State 
administration. We assign responsibility for coordinating these 
channels to the states. Each applicant for Air-Ground spectrum shall 
notify the relevant State prior to filing a license application with 
the Commission and allow the State the opportunity to review the 
application and prepare a statement of concurrence. Any statement of 
concurrence from the State shall be submitted with the applicant's 
license application.
    6. This Report and Order amends the rules to require radios to be 
capable of being programmed to operate on any of the sixty-four 6.25 
kilohertz bandwidth interoperability channels in the 700 MHz band. All 
64 channels, however, need not be immediately available to the user. 
This rule change eliminates an ambiguity in the rules and reduces the 
compliance requirements for public safety licensees.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    5. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its 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 or 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.
    6. The Report and Order adopts a number of changes to the rules 
covering operation of public safety systems on narrowband spectrum in 
the 700 MHz band. In formulating rule changes in the Report and Order, 
we strived to promote efficient use of the 700 MHz public safety 
narrowband spectrum while reducing economic burdens on Public Safety 
Radio Licensees. Absent these rule changes, we conclude that Public 
Safety Radio Licensees would be subject to increased economic burdens 
and unnecessary restrictions.
    7. Deadline for Narrowbanding Transition to 6.25 Kilohertz 
Technology. The Report and Order eliminates the December 31, 2016 
deadline for 700 MHz public safety narrowband licensees to transition 
to 6.25 kHz bandwidth technology and the December 31, 2014 interim 
deadline for the cessation of marketing, manufacture, or import of 700 
MHz narrowband equipment not capable of operating at 6.25 kilohertz 
efficiency. Elimination of the 2016 deadline relieves public safety 
licensees of the economic burden associated with having to replace 
currently operating communications systems prior to the end of their 
life-cycle. Elimination of the 2014 deadline allows for the development 
of industry standards for 6.25 kHz technology which will allow 
equipment manufacturers to develop equipment designed for 
interoperability among equipment of all manufacturers as opposed to 
equipment that can only communicate with a limited number of vendors' 
equipment.
    8. Air-Ground Communications on Secondary Trunking Channels. The 
Report and Order re-designates the secondary trunking channels for air-
ground communications to be used by low altitude aircraft and ground 
based stations. The Report and Order concludes there is a need to 
designate specific channels in the band for use by low-altitude 
aircraft and that secondary trunking channels are no longer used for 
their original purpose. Thus, public safety licensees benefit from this 
rule change because channels in the band which previously remained 
fallow become available for the increasingly important function of 
allowing aircraft responding to emergencies to interoperate with public 
safety officials on the ground.
    9. Nationwide Interoperability Travel Channel. The Report and Order 
declines to re-designate one of the 12.5 kilohertz bandwidth nationwide 
calling channel pairs as a Nationwide Interoperability Travel Channel. 
The Report and Order concludes that the adverse impact of reducing the 
overall channel capacity devoted to nationwide calling interoperability 
outweighs any potential benefit to public safety licensees of 
designating a nationwide travel channel.
    10. Voice Communications on Data Interoperability Channels. The 
Report and Order permits voice communications on a secondary basis on 
both of the two 12.5 kilohertz bandwidth data-only interoperability 
channels. This rule change benefits public safety licensees by 
providing them the flexibility to use additional channels for voice 
interoperability in jurisdictions that only have limited if any demand 
for data interoperability.
    11. Reserve Channels. The Report and Order designates all twenty 
four 12.5 kilohertz bandwidth Reserve Channel pairs for General Use 
subject to approved regional planning committee regional plans. The 
Reserve Channels had been held in reserve to address public safety's 
developing needs. To further Congress' goal to facilitate relocation of 
public safety incumbents in the 470-512 MHz T-band, the Report and 
Order provides priority access to all twenty four 12.5 kilohertz 
channel pairs for T-Band relocation in the urban areas specified in 
Section 90.303 of the Commission's rules. Outside the urban areas 
specified by Section 90.303, the Report and Order permits approved 
regional planning committees to designate up to eight 12.5 kilohertz 
channel pairs for temporary deployable trunked use and the rest for 
General Use, including low power vehicular repeater operation. This 
approach affords public safety agencies with

[[Page 71324]]

flexibility in operation on the former Reserve Channels while also 
avoiding undue economic burdens.
    12. Power Limit for Low Power Channels. The Report and Order 
declines to increase the power limit on the low power channels from two 
to twenty watts effective radiated power (ERP). The Report and Order 
concludes public safety licensees would benefit from retaining these 
channels for their original intended purpose of providing first 
responders with on-scene low-power communications. The Report and Order 
instructs licensees needing additional transmit power in order to 
communicate over large distances or to penetrate RF-resistant buildings 
to consider the numerous full power narrowband channels available in 
the band.
    13. Compliance with Interoperability Technical Standards. The 
Report and Order requires equipment manufacturers to demonstrate 
compliance with the requisite Interoperability Technical Standards as a 
condition for equipment certification. This will provide a benefit to 
public safety licensees by ensuring that only equipment that has been 
tested for trunked and conventional interoperability in a vendor-
neutral environment can be marketed. This will provide the additional 
benefit of engendering competition in the public safety equipment 
marketplace by eliminating system compatibility as a gating factor when 
evaluating equipment purchases. We have attempted to reduce the burden 
on equipment manufacturers by allowing them to meet this standard by 
demonstrating compliance with the Project 25 Compliance Assessment 
Program. Compliance with this program is already a requisite for grant 
eligibility and agency purchasing standards and thus we feel that any 
new burden imposed by this requirement would be minimal. Alternatively, 
manufacturers may demonstrate, independent of the CAP Program, that 
their equipment is interoperable with that of other manufacturers.
    14. ACP Requirements for Class B Signal Boosters. The Report and 
Order exempts Class B signal boosters from the ACP limits of Sec.  
90.543(a), but only when such units are simultaneously retransmitting 
multiple signals. In lieu of the ACP limits, the Report and Order 
applies the emission limit listed in Sec.  90.543(c) applicable to 
Class B signal boosters operating in this manner. Wireless 
Communications Equipment Manufacturers that produce Class B signal 
boosters benefit from this exemption because they will be able to 
continue manufacturing and marketing signal boosters capable of 
operating on 700 MHz public safety narrowband spectrum. Public safety 
licensees benefit from this exemption because they will continue to 
have access to signal boosters capable of providing in-building RF 
coverage in this band. Absent this exemption, public safety licensees 
may have been unable to find solutions for deficiencies in in-building 
RF coverage.
    15. Narrowband Power Limits. The Report and Order converts all 
power limits from transmitter output power (TPO) to effective radiated 
power (ERP) and consolidates all power limits into a more comprehensive 
Section 90.541. The Report and Order also deletes Sec.  90.545 in its 
entirety because full power TV and DTV stations no longer occupy the 
band. Thus, this rule section is no longer necessary. Public safety 
licensees benefit from this update because all power limits will now be 
in terms of ERP which more accurately defines the actual operating 
power of the radio and is therefore more suitable for services--such as 
700 MHz public safety narrowband operations--which are subject to 
licensing and frequency coordination.
    16. Interoperability Network Access Code. The Report and Order 
declines to specify a standardized Network Access Code (NAC) by rule 
for operation on the 700 MHz interoperability channels. The NAC is a 
pre-programmed digital address in a Project 25 radio which allows the 
radio to ``hear'' only communications directed to that address from 
another radio. The Report and Order concludes that the choice of a NAC 
for interoperability channels is best left to regional, state and local 
public safety agencies to address according to their operational 
security and organizational needs. This approach affords public safety 
flexibility in programming radios while avoiding undue economic 
burdens.
    17. User Access to Interoperability Channels. The Report and Order 
clarifies that Commission rules require only that radios be capable of 
being programmed to operate on any of the interoperability channels, 
but do not require that all 64 interoperability channels be selectable 
by the user. This approach affords public safety flexibility in 
programming radios while avoiding undue economic burdens.
    18. Analog Operation on the Interoperability Channels. The Report 
and Order declines to permit users to operate their mobile and portable 
equipment in analog mode on the interoperability channels. In reaching 
this decision, the Report and Order concludes that allowing two 
modulation modes on a channel reserved for interoperable voice 
communications would seriously impair interoperability.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    19. None.

G. Report to Congress

    20. The Commission will send a copy of the Report and Order, 
including the FRFA, in a report to be sent to Congress pursuant to the 
Small Business Regulatory Enforcement Fairness Act of 1996. In 
addition, the Commission will send a copy of the Report and Order, 
including this FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration.

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 Report and Order is 
hereby adopted.
    It is further ordered that the amendments of the Commission's rules 
as set forth in Appendix B of the Report and Order are adopted, 
effective January 2, 2015, except for those rules and requirements in 
Sec. Sec.  2.1033(c)(20), 90.531(b)(2) and 90.531(b)(7), 47 CFR 
2.1033(c)(20), 90.531(b)(2) and 90.531(b)(7), containing new or 
modified information collection requirements that require approval by 
the Office of Management and Budget under the Paperwork Reduction Act 
of 1995, which will become effective after such approval, on the 
effective date specified in a notice that the Commission publishes in 
the Federal Register announcing such approval and effective date.
    22. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sec.  
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver filed by the Washington Metropolitan Area Transit Authority 
on June 18, 2013, is dismissed as moot.
    23. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver filed by the Los Angeles Regional Interoperable 
Communications System Joint Powers Authority on December 7, 2012, is 
dismissed as moot.
    24. It is further ordered that, pursuant to section 4(i) of the 
Communications

[[Page 71325]]

Act of 1934, as amended, 47 U.S.C. 154(i), and Sec.  1.925(b)(3) of the 
Commission's rules, 47 CFR 1.925(b)(3), the Request for Waiver filed by 
Central Maryland Area Radio Communications (CMARC) on April 3, 2013, is 
dismissed as moot.
    25. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sec.  
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver and Request for Expedited Review and Action for Rulemaking 
filed by Weld County, Colorado on February 14, 2013, is dismissed as 
moot.
    26. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver and Request for Expedited Review and Action for Rulemaking 
filed by the Region 12, 700 MHz Regional Planning Committee and the 
State of Idaho Statewide Interoperability Executive Council on February 
8, 2013, is dismissed as moot.
    27. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver and Request for Expedited Review and Action for Rulemaking 
filed by the City of Pueblo, Colorado on December 12, 2012, is 
dismissed as moot.
    28. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver and Request for Expedited Review and Action for Rulemaking 
filed by the County of Douglas, Colorado on December 12, 2012, is 
dismissed as moot.
    29. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver and Request for Expedited Review and Action for Rulemaking 
filed by the City of Thornton, Colorado on December 5, 2012, is 
dismissed as moot.
    30. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Request 
for Waiver and Request for Expedited Review and Action for Rulemaking 
filed by the Adams County Communications Center, Inc., Colorado on 
November 29, 2012, is dismissed as moot.
    31. It is further ordered that, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and section 
1.925(b)(3) of the Commission's rules, 47 CFR 1.925(b)(3), the Petition 
for Waiver filed by the State of Maryland on December 12, 2013, is 
dismissed as moot.
    32. It is further ordered that the Commission shall send a copy of 
the Report and Order in a report to be sent to Congress and the General 
Accounting Office pursuant to the Congressional Review Act, 5 U.S.C. 
801(a)(1)(A).

List of Subjects

47 CFR Part 2

    Radio.

47 CFR Part 90

    Radio.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2 and 90 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302, 303, 307, 336, and 337, unless 
otherwise noted.


0
2. Section 2.1033 is amended by adding paragraph (c)(20) to read as 
follows:


Sec.  2.1033  Application for certification.

* * * * *
    (c) * * *
    (20) Applications for certification of equipment operating under 
part 90 of this chapter and capable of operating on the 700 MHz 
interoperability channels (See Sec.  90.531(b)(1) of this chapter) 
shall include a Compliance Assessment Program Supplier's Declaration of 
Conformity and Summary Test Report or, alternatively, shall include a 
document detailing how the applicant determined that its equipment 
complies with Sec.  90.548 of this chapter and that the equipment is 
interoperable across vendors.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. 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).


0
4. Section 90.203 is amended by revising paragraph (m) and removing and 
reserving paragraph (n).
    The revision reads as follows:


Sec.  90.203  Certification Required.

* * * * *
    (m) Applications for part 90 certification of transmitters designed 
to operate in in 769-775 MHz and 799-805 MHz frequency bands will only 
be granted to transmitters meeting the modulation, spectrum usage 
efficiency and channel capability requirements listed in Sec. Sec.  
90.535, 90.547, and 90.548.
* * * * *
0
5. Section 90.531 is amended by revising paragraphs (b)(1)(i) and 
(iii), (b)(2), and (b)(6) and (7) to read as follows:


Sec.  90.531  Band plan.

* * * * *
    (b) * * *
    (1) * * *
    (i) Narrowband data Interoperability channels. The following 
channel pairs are reserved nationwide for data transmission on a 
primary basis: 279/1239, 280/1240, 921/1881, and 922/1882. Voice 
operations are permitted on these channels on a secondary basis.
* * * * *
    (iii) Narrowband trunking Interoperability channels. The following 
Interoperability channel pairs may be used in trunked mode on a 
secondary basis to conventional Interoperability operations: 23/983, 
24/984, 103/1063, 104/1064, 183/1143, 184/1144, 263/1223, 264/1224, 
657/1617, 658/1618, 737/1697, 738/1698, 817/1777, 818/1778, 897/1857, 
898/1858. For every ten general use channels trunked at a station, 
entities may obtain a license to operate in the trunked mode on two of 
the above contiguous Interoperability channel pairs. The maximum number 
of Interoperability channel pairs that can be trunked at any one 
location is eight.
    (2) Narrowband General Use Reserve channels. The following 
narrowband channels are designated for General Use subject to 
Commission approved regional planning committee regional plans and 
technical rules applicable to General Use channels: 37, 38, 61, 62, 77, 
78, 117, 118, 141, 142, 157, 158, 197, 198, 221, 222, 237, 238, 277, 
278, 301, 302, 317, 318, 643, 644, 683, 684, 699, 700, 723, 724, 763, 
764, 779, 780, 803, 804, 843, 844, 859, 860, 883, 884, 923, 924, 939, 
940, 997, 998, 1021, 1022, 1037, 1038, 1077, 1078, 1101, 1102, 1117, 
1118, 1157, 1158, 1181, 1182,

[[Page 71326]]

1197, 1198, 1237, 1238, 1261, 1262, 1277, 1278, 1603, 1604, 1643, 1644, 
1659, 1660, 1683, 1684, 1723, 1724, 1739, 1740, 1763, 1764, 1803, 1804, 
1819, 1820, 1843, 1844, 1883, 1884, 1899, 1900.
    (i) T-Band Relocation. The narrowband channels established in 
paragraph (b)(2) are designated for priority access by public safety 
incumbents relocating from the 470-512 MHz band in the urban areas 
specified in Sec. Sec.  90.303 and 90.305 of the Commission's rules 
provided that such incumbent commits to return to the Commission an 
equal amount of T-Band spectrum and obtains concurrence from the 
relevant regional planning committee(s). Public safety T-Band 
incumbents shall enjoy priority access for a five year period starting 
from the date the Public Safety and Homeland Security Bureau releases a 
public notice announcing the availability of Reserve Channels for 
licensing.
    (ii) Deployable Trunked Systems. Outside the urban areas specified 
in Sec. Sec.  90.303 and 90.305 of the Commission's rules, the 700 MHz 
Regional Planning Committees may designate no more than eight 12.5 
kilohertz channel pairs for temporary deployable mobile trunked 
infrastructure (F2BT) that could be transported into an incident area 
to assist with emergency response and recovery.
    (iii) General Use. Outside the urban areas specified in Sec. Sec.  
90.303 and 90.305 of the Commission's rules, the 700 MHz Regional 
Planning Committees may designate sixteen to twenty four 12.5 kilohertz 
channel pairs for General Use, including low power vehicular mobile 
repeaters (MO3).
* * * * *
    (6) Narrowband general use channels. All narrowband channels 
established in this paragraph (b), other than those listed in 
paragraphs (b)(1), (b)(4), (b)(5), and (b)(7) of this section are 
reserved to public safety eligibles subject to Commission approved 
regional planning committee regional plans. Voice operations on these 
channels are subject to compliance with the spectrum usage efficiency 
requirements set forth in Sec.  90.535(d).
    (7) Air-ground channels. The following channels are reserved for 
air-ground communications to be used by low-altitude aircraft and 
ground based stations: 21/981, 22/982, 101/1061, 102/1062, 181/1141, 
182/1142, 261/1221, 262/1222, 659/1619, 660/1620, 739/1699, 740/1700, 
819/1779, 820/1780, 899/1859, and 900/1860.
    (i) Airborne use of these channels is limited to aircraft flying at 
or below 457 meters (1500 feet) above ground level.
    (ii) Aircraft are limited to 2 watts effective radiated power (ERP) 
when transmitting while airborne on these channels.
    (iii) Aircraft may transmit on either the mobile or base transmit 
side of the channel pair.
    (iv) States are responsible for the administration of these 
channels.
* * * * *

0
6. Section 90.535 is amended by revising paragraph (a) and paragraph 
(d) introductory text to read as follows.


Sec.  90.535  Modulation and spectrum usage efficiency requirements.

* * * * *
    (a) All transmitters in the 769-775 MHz and 799-805 MHz frequency 
bands must use digital modulation. Mobile and portable transmitters may 
have analog modulation capability only as a secondary mode in addition 
to its primary digital mode except on the interoperability channels 
listed in Sec.  90.531(b)(1). Analog modulation is prohibited on the 
interoperability channels. Mobile and portable transmitters that only 
operate on the low power channels designated in Sec.  90.531(b)(3) and 
(4) are exempt from this digital modulation requirement.
* * * * *
    (d) Transmitters designed to operate on the channels listed in 
paragraphs Sec.  90.531(b)(2), (b)(5), (b)(6), and (b)(7) must be 
capable of operating in the voice mode at an efficiency of at least one 
voice path per 12.5 kHz of spectrum bandwidth.
* * * * *

0
7. Revise Sec.  90.541 to read as follows:


Sec.  90.541  Transmitting power and antenna height limits.

    The transmitting power and antenna height of base, mobile, portable 
and control stations operating in the 769-775 MHz and 799-805 MHz 
frequency bands must not exceed the maximum limits in this section. 
Power limits are listed in effective radiated power (ERP).
    (a) The transmitting power and antenna height of base stations must 
not exceed the limits given in paragraph (a) of Sec.  90.635.
    (b) The transmitting power of a control station must not exceed 200 
watts ERP.
    (c) The transmitting power of a mobile unit must not exceed 100 
watts ERP.
    (d) The transmitting power of a portable (hand-held) unit must not 
exceed 3 watts ERP.
    (e) Transmitters operating on the narrowband low power channels 
listed in Sec.  90.531(b)(3) and (4), must not exceed 2 watts ERP.

0
8. Section 90.543 is amended by revising the introductory text to read 
as follows:


Sec.  90.543  Emission limitations.

    Transmitters designed to operate in 769-775 MHz and 799-805 MHz 
frequency bands must meet the emission limitations in paragraphs (a) 
through (d) of this section. Class A and Class B signal boosters 
retransmitting signals in the 769-775 MHz and 799-805 MHz frequency 
bands are exempt from the limits listed in paragraph (a) of this 
section when simultaneously retransmitting multiple signals and instead 
shall be subject to the limit listed in paragraph (c) of this section 
when operating in this manner. Transmitters operating in 758-768 MHz 
and 788-798 MHz bands must meet the emission limitations in (e) of this 
section.
* * * * *


Sec.  90.545  [Removed]

0
9. Remove Sec.  90.545.
0
10. Section 90.547 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  90.547  Narrowband Interoperability channel capability 
requirement.

    (a) Except as noted in this section, mobile and portable 
transmitters operating on narrowband channels in the 769-775 MHz and 
799-805 MHz frequency bands must be capable of being programmed to 
operate on all of the designated nationwide narrowband Interoperability 
channels pursuant to the standards specified in this part.
* * * * *

0
11. Section 90.548 is amended by adding paragraph (c) to read as 
follows:


Sec.  90.548  Interoperability Technical Standards.

* * * * *
    (c) Equipment certified by the P25 Compliance Assessment Program is 
presumed to comply with this section.

[FR Doc. 2014-28250 Filed 12-1-14; 8:45 am]
BILLING CODE 6712-01-P