[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18144-18146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07600]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WP Docket No. 07-100, FCC 15-28]


Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) grants an unopposed petition filed by the Public Safety 
Communications Council (PSCC) for partial reconsideration of the Fifth 
Report and Order in this proceeding. Specifically, for applicants 
seeking authority to operate centralized trunked stations on Public 
Safety Pool channels, we eliminate the requirement that the applicant 
demonstrate that the proposed station's service contour will not be 
overlapped by any incumbent station's interference contour. We also 
amend the rule changes adopted in the Fifth Report and Order regarding 
treatment of mobile stations to clarify how to protect 150-174 MHz band 
mobile stations that are associated with a base station. This 
proceeding is part of our continuing effort to provide clear and 
concise rules that facilitate new wireless technologies, devices and 
services, and are easy for the public to understand.

DATES: Effective May 4, 2015.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway, at 
[email protected], Wireless Telecommunications Bureau, (202) 418-
2904, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order on Reconsideration in WP Docket No. 07-100; FCC 15-28, adopted on 
March 9, 2015, and released March 11, 2015. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 
20554. The full text may also be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
sending an email to [email protected] or by calling the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary

    1. A trunked radio system employs technology that can search two or 
more available channels and automatically assign a user an open 
channel. In the Fifth Report and Order, the Commission revised, 
clarified, and streamlined Sec.  90.187 of its rules, which specifies 
the manner in which trunking may be accomplished in the 150-174 MHz and 
421-512 MHz private land mobile radio bands. PSCC seeks reconsideration 
with respect to two of those rule changes.
    2. Section 90.187(d)(3). As noted in the Fifth Report and Order, 
Sec.  90.187 requires that a trunked system monitor the frequencies and 
employ equipment that prevents transmission on a frequency if a signal 
from another system is present on it, with certain exceptions. One of 
these exceptions is if the licensee obtains the written consent of all 
``affected licensees.'' Whether an incumbent is an affected licensee 
depends on both the spectral proximity of the existing and proposed 
frequencies, and the physical proximity of the existing and proposed 
facilities. In the Fifth Report and Order, the Commission modified 
Sec.  90.187 to require that the contour analysis used to determine 
physical proximity be performed by an applicant for a new centralized 
trunked system to demonstrate both that (1) the proposed system's 
interference contour will not overlap any spectrally proximate 
incumbent system's service contour;

[[Page 18145]]

and (2) its proposed service contour will not be overlapped by the 
interference contour of any incumbent system (a ``reverse'' contour 
analysis). The Commission adopted the reverse contour requirement 
because its benefits--to prevent the licensing of stations that would 
appear to have little function other than to enable the applicant to 
block the expansion of viable incumbent systems--outweighed the limited 
additional burden on frequency coordinators of performing a two-way 
analysis. It noted that applicants with legitimate reasons for seeking 
authorization for service contours overlapped by incumbents' 
interference contours could seek case-by-case waivers.
    3. PSCC states that there are situations in which it is appropriate 
to license low-power Public Safety stations within the interference 
contours of incumbent stations in order to fill a specific 
communications need, such as providing communications capacity at a 
prison or courthouse, and that such stations have no effect on 
incumbent licensees. PSCC believes that the coordination of such 
stations should be permitted based on the expertise of the Public 
Safety Pool frequency coordinators rather than requiring licensees to 
utilize the slower and more burdensome case-by-case waiver process. 
Further, PSCC asserts that while ``a practice similar to `greenmail' '' 
may occur on Industrial/Business Pool channels, which the reverse 
contour analysis might help to prevent, the issue does not arise on 
Public Safety Pool channels.
    4. We agree with PSCC that the reverse contour requirement is not 
necessary for the Public Safety Pool channels, and should apply only to 
Industrial/Business Pool channels. No party has opposed PSCC's request, 
and we find the risk of such potential ``greenmail'' activity in 
connection with public safety facilities to be unlikely and certainly 
outweighed by the cost of pursuing case-by-case waivers. Accordingly, 
we are amending the rules to eliminate the ``affected licensees'' 
consent requirement for Public Safety Pool applicants for stations with 
a proposed service contour overlapped by an incumbent system's 
interference contour. Such Public Safety Pool applicants will be 
permitted to prosecute their applications, which require coordination 
by a Public Safety Pool frequency coordinator, without obtaining the 
consent of ``affected licensees'' unless their proposed interference 
contour overlaps any spectrally proximate incumbent licensee's service 
contour. We amend Sec.  90.187(d)(3) to make clear that when a public 
safety applicant files an application in which its service contour is 
overlapped by the interference contour of an incumbent station, the 
applicant must accept any resultant interference.
    5. Section 90.187(d)(1)(B). Formerly, Sec.  90.187 was not entirely 
clear about how to treat mobile stations for the foregoing contour 
analysis. The Commission amended the rule in the Fifth Report and Order 
to provide that, for purposes of the contour analysis to determine 
whether a station is an affected licensee, a mobile-only system's 
authorized operating area will be used as both its service contour and 
its interference contour. The Commission concluded that using the 
service area boundary for both the protected contour and the 
interference contour would allow establishment of new facilities while 
still providing an appropriate level of protection to the mobile 
operations.
    6. PSCC concurs with the Commission's decision to address the 
protection of mobile stations not associated with a base station by 
making the mobile-only authorized operating area represent both the 
interference and service contours. It notes, however, that the 
Commission did not adopt any provision regarding protection of mobile 
units that are associated with a base station, and suggests that 
associated mobile units be treated analogously to unassociated mobile 
units by using the associated base station's service contour as both 
the associated mobile unit's service contour and interference contour.
    7. We agree that this omission should be addressed with respect to 
the 150-174 MHz band, where the base and mobile frequencies generally 
are not paired. As the Commission concluded with respect to mobile 
units not associated with a base station, using the service area 
boundary for 150-174 MHz mobile units that are associated with a base 
station for both the protected contour and the interference contour 
will allow establishment of new facilities while still providing an 
appropriate level of protection to incumbent operations. We amend Sec.  
90.187(d)(1)(B) accordingly.

I. Procedural Matters

Paperwork Reduction Act

    8. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it 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).

II. Final Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act (RFA), a Final 
Regulatory Flexibility Analysis (FRFA) was incorporated in the Fifth 
Report and Order. In view of the fact that we have adopted further rule 
amendments in the Second Order on Reconsideration, we have included 
this Supplemental Final Regulatory Flexibility Certification. This 
Certification conforms to the RFA. See 5 U.S.C. 604.
    10. The Regulatory Flexibility Act of 1980, as amended (RFA) 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' See 5 U.S.C. 605(b). The RFA generally defines 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' See 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. See 5 U.S.C. 601(3). 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). See Small Business Act, 5 U.S.C. 632 (1996). The FRFA 
incorporated in the Fifth Report and Order described and estimated the 
number of small entity licensees and regulatees that may be affected by 
the rules changes adopted therein, described the projected reporting, 
recordkeeping, and other compliance requirements associated therewith, 
identified the steps taken to minimize significant economic impact on 
small entities and significant alternatives considered in connection 
therewith, and identified no federal rules that may duplicate, overlap, 
or conflict therewith. That FRFA is unchanged by this Second Order on 
Reconsideration except as described below.
    11. The Second Order on Reconsideration makes technical 
modifications to our rule regarding the contour analysis for 
determining whether to permit a new centralized trunked station. These 
rule changes are not expected to have any significant cumulative effect 
on frequency coordination costs. Therefore, we certify

[[Page 18146]]

that the requirements of the Second Order on Reconsideration will not 
have a significant economic impact on a substantial number of small 
entities.
    12. The Commission will send a copy of the Second Order on 
Reconsideration, including a copy of this final certification, in a 
report to Congress pursuant to the Congressional Review Act, see U.S.C. 
801(a)(1)(A). In addition, the Second Order on Reconsideration and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration. A copy of this Second Order on 
Reconsideration and this certification (or summaries thereof) will also 
be published in the Federal Register. See 5 U.S.C. 604(b).

III. Ordering Clauses

    13. Accordingly, it is ordered pursuant to sections 4(i), 303(r), 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 405, and Sec.  1.429 of the Commission's rules, 47 CFR 
1.429, that the Petition for Reconsideration of the Fifth Report and 
Order filed by the Public Safety Communications Council on June 12, 
2013, is granted to the extent set forth herein.
    14. It is further ordered that part 90 of the Commission's rules is 
amended, effective May 4, 2015.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed, 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) and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96 Stat. 156.

0
2. Section 90.187 is amended by revising paragraphs (d)(1)(ii)(A) and 
(d)(3) to read as follows:


Sec.  90.187  Trunking in the bands between 150 and 512 MHz.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (A) Licensees (and filers of previously filed pending applications) 
with a service contour (37 dBu for stations in the 150-174 MHz band, 
and 39 dBu for stations in the 421-512 MHz band) that is overlapped by 
the proposed centralized trunked station's interference contour (19 dBu 
for stations in the 150-174 MHz band, and 21 dBu for stations in the 
421-512 MHz band). Contour calculations are required for base station 
facilities. Contour calculations are required for associated mobile 
stations only in the 150-174 MHz band, with the associated base 
station's service contour used as both the mobile station's service 
contour and its interference contour.
* * * * *
    (3) In addition, the service contour for proposed centralized 
trunked stations on Industrial/Business Pool frequencies shall not be 
overlapped by an incumbent licensee's interference contour. An 
application filed for Public Safety Pool frequencies, see Sec.  90.20, 
for a proposed centralized trunked station in which the service contour 
of the proposed station is overlapped by the interference contour of 
the incumbent station(s) is allowed, but the applicant must accept any 
resultant interference.
* * * * *
[FR Doc. 2015-07600 Filed 4-2-15; 8:45 am]
 BILLING CODE 6712-01-P