[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Rules and Regulations]
[Pages 2106-2110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00220]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 13-229, FCC 15-103]


Amendment of the Commission's Rules To Facilitate the Use of 
Vehicular Repeater Units

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document implements certain changes to the rules 
governing six remote control and telemetry channels in the VHF band. We 
will allow the licensing and operation of vehicular repeater systems 
(VRS) and other mobile repeaters on these channels. In addition, we 
revise and update the technical rules for these channels to allow 
greater use of VRS systems while providing protection for incumbent 
telemetry users who rely on these frequencies for control of critical 
infrastructure systems.

DATES: Effective March 15, 2016, except for the addition of Sec.  
90.175(b)(4), 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.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy and 
Licensing Division, Public Safety and Homeland Security Bureau, (202) 
418-1428. For additional information concerning the information 
collection requirements contained in this document, send an email to 
[email protected] or contact Nicole Ongele, Office of Managing Director, 
Performance Evaluation and Records Management, 202-418-2991, or by 
email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in PS Docket No. 13-229, FCC 15-103, released on August 10, 
2015 and Clarification Order in PS Docket No. 13-229, FCC 15-165, 
released on December 11, 2015. These documents are available for 
download at http://fjallfoss.fcc.gov/edocs_public/. The complete text 
of these documents are 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 whether to make additional spectrum available to 
support mobile repeater capability. The Commission declined to seek 
comment on VRS operations on nine channels in the 170-172 MHz band, but 
proposed to allow mobile repeater use on six telemetry channels in the 
173 MHz band. In addition, the Commission sought comment on whether 
other spectrum bands or frequencies could also be used for public 
safety mobile repeater operations; whether to allow Industrial/Business 
use of mobile repeater stations on these channels; whether to impose 
bandwidth restrictions on these frequencies; whether frequency 
coordination could protect telemetry users from interference; whether 
to allow wide-area mobile repeater operations on these frequencies; and 
whether to allow VRS units to exceed the 2 watt power limit that 
applies to these channels.
    In the Report and Order the Commission decides to allow all users 
of these channels--including telemetry licensees--to operate using 
11.25 kHz bandwidth. In addition, we will make these six telemetry 
channels co-primary with adjacent channel land mobile operations and 
remove the restrictions on omni-directional antennas, fixed station 
power limits and antenna heights for telemetry stations. The Commission 
also decides that the only way to accommodate both telemetry and VRS on 
these frequencies is through frequency coordination to both ensure 
geographic separation as well as minimizing the risk of commingling 
voice and data operations. However, since no party provided the 
Commission with a specific coordination protocol, it directs the 
coordinator community to develop a consensus protocol for VRS 
coordination. The Commission also decides to only allow area-wide or 
state-wide authorizations on a secondary basis. The Commission imposes 
loading requirements for licensees seeking to license mobile repeaters 
on these frequencies. The Commission allows VRS to operate with 5 watts 
ERP but declines to increase the 2-watt power limit for telemetry and 
remote control use. As a result of our decision to allow the licensing 
of VRS units on these frequencies, we dismiss as moot several requests 
for waiver filed during the pendency of this rulemaking. On December 
11, 2015, the Commission released a Clarification Order to ensure that 
the Commission's rules aligned with the text of the August Report and 
Order.

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 B of the Report and Order.

B. Paperwork Reduction Act of 1995 Analysis

    This document contains new 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 3507(d) of the PRA. OMB, the general public, and other 
Federal agencies will be invited to comment on the new information 
collection requirements contained in this proceeding. In addition, we 
note that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
    The actions taken in the Report and Order in PS Docket No. 13-229 
have been analyzed with respect to the Paperwork Reduction Act of 1995, 
Pub.

[[Page 2107]]

L. 104-13, and found to impose new or modified recordkeeping 
requirements or burdens on the public.

C. Congressional Review Act

    The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

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.

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

    In the Report and Order, we amend the Commission's rules we amend 
the Commission's Rules to allow the licensing and operation of 
vehicular repeater systems (VRS) and other mobile repeaters on six 
remote control and telemetry channels in the VHF band. The rule changes 
adopted are intended to promote flexible and efficient use of these 
channels. In order to achieve these objectives, we:
     Allow the use of mobile repeaters on the following six 
telemetry channels: 173.2375, 173.2625, 173.2875, 173.3125, 173.3375, 
and 173.3625 MHz.
     Allow the use of bandwidths up to 11.25 kHz on these 
channels.
     Require frequency coordination for applications seeking 
primary status on these frequencies.
     Limit applicants to a license a maximum of three channels 
on a primary basis

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

    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

    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.
    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. For this category, census data for 2007 show 
that there were 11,163 establishments that operated for the entire 
year. Of this total, 10,791 establishments had employment of 999 or 
fewer employees and 372 had employment of 1000 employees or more. 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. 
Nonetheless, the Commission estimates that the majority of Public 
Safety Radio Licensees are small entities.
    Private Land Mobile Radio Licensees. The Private land mobile radio 
(PLMR) systems serve an essential role in a vast 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. Because of the vast array of PLMR users, the 
Commission has not developed a small business size standard 
specifically applicable to PLMR users. The SBA rules, however, contain 
a definition for Wireless Telecommunications Carriers (except 
Satellite) which encompasses business entities engaged in 
radiotelephone communications employing no more than 1,500 persons. 
According to the Commission's records, there are a total of 3,374 
licenses in the frequencies range 173.225 MHz to 173.375 MHz, which is 
the range affected by this NPRM. Despite the lack of specific 
information, however, the Commission believes that a substantial number 
of PLMR licensees may be small entities.
    Frequency Coordinators. Neither the Commission nor the SBA has 
developed a small business size standard specifically applicable to 
spectrum frequency coordinators. There are nine frequency coordinators 
certified by the Commission to coordinate frequencies allocated for 
public safety use. The Commission has not developed a small business 
size standard specifically applicable to frequency coordinators. The 
SBA rules, however, contain a definition for Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications employing no 
more than 1,500 persons. Under this category and size standard, we 
estimate that a majority of frequency coordinators can be considered 
small.

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

    This Report and Order adopts a rule that will entail reporting, 
recordkeeping, and/or third-party consultation. Specifically, the 
Report and Order requires applicants for mobile repeater authorizations 
receive frequency coordination prior to filing a license application 
with the Commission. While the preparation of an application does not 
require the hiring of professionals, frequency coordinators do charge a 
fee for their services. Therefore, licensees 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. 201404-30.

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

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its

[[Page 2108]]

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.
    The Report and Order adopts changes to the rules covering operation 
on six telemetry channels in the 173 MHz band. In formulating rule 
changes in the Report and Order, we strived to promote efficient use of 
spectrum.
    The Report and Order requires applicants obtain frequency 
coordination prior to filing a license application with the Commission. 
Given the Commission's previous reliance on frequency coordination as a 
mechanism to minimize the occurrence of harmful interference, we did 
not consider other alternatives to frequency coordination. In addition, 
we note that there are no methods by which to reduce the burden of 
frequency coordination on smaller entities. The Report and Order 
concludes that the benefits of frequency coordination outweigh any 
potential economic burden associated with frequency coordination.

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

    None.

G. Report to Congress

    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

    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 February 16, 2016, except for those rules and requirements in 
Section 90.175 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.
    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 Washington Metropolitan Area Transit Authority 
on June 18, 2013, is dismissed as moot.
    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 
Modification Application and associated Request for Waiver filed by 
Trinity County, California on January 31, 2014 are dismissed.
    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 
Application and associated Request for Waiver filed by Williams County 
Sheriff's Department on December 26, 2013, are dismissed.
    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 
Application and associated Request for Waiver filed by Panhandle 
Regional Planning Commission on August 5, 2013, are dismissed.
    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 in 47 CFR Part 90

    Radio.

Federal Communications Commission.
Sheryl Todd,
Deputy Secretary.
    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), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.

0
2. Amend Sec.  90.20:
0
a. In the table in paragraph (c)(3) by revising the entries for 
173.2375, 173.2625, 173, 2875, 173.3125, 173.3375, and 173.3625; and
0
b. By adding paragraphs (d)(90) through (93).
    The revisions and additions read as follows:


Sec.  90.20  Public Safety Pool.

* * * * *
    (c) * * *
    (3) * * *

                                       Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
          Frequency or band              Class of station(s)          Limitations              Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
              Megahertz
 
                                                  * * * * * * *
173.2375.............................  ......do...............  90, 91, 92, 93.........  PX.
173.2625.............................  ......do...............  90, 91, 92, 93.........  PX.
173.2875.............................  ......do...............  90, 91, 92, 93.........  PX.
173.3125.............................  ......do...............  90, 91, 92, 93.........  PX.
173.3375.............................  ......do...............  90, 91, 92, 93.........  PX.
173.3625.............................  ......do...............  90, 91, 92, 93.........  PX.
 

[[Page 2109]]

 
                                                  * * * * * * *
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    (d) * * *
    (90) The maximum effective radiated power (ERP) may not exceed 2 
watts for mobile stations, and 5 watts for mobile repeater stations and 
hand-carried transmitters that communicate directly with mobile 
repeater stations.
    (91) This frequency is available on a shared basis both for remote 
control and telemetry operations and for mobile repeater operations. 
The authorized bandwidth may not exceed 11.25 kHz.
    (92) This frequency is available on a shared basis with the 
Industrial/Business Pool for remote control and telemetry operations. 
Licensees seeking primary status for the use of this frequency for 
mobile repeater stations and hand-carried transmitters that communicate 
directly with mobile repeater stations must describe the area of normal 
day-to-day operations either in terms of operation in a specific county 
or in the terms of maximum distance from a geographic center (latitude 
and longitude) and shall be subject to the frequency coordination 
requirements of Sec.  90.175.
    (93) Mobile repeaters operating on this frequency are subject to a 
channel loading requirement of 50 transmitter-receivers. Loading 
standards will be applied in terms of the number of units actually in 
use or to be placed in use within 8 months following authorization. A 
licensee will be required to show that an assigned frequency is at full 
capacity before it may be assigned a second or additional frequency. 
Channel capacity may be reached either by the requirements of a single 
licensee or by several users sharing a channel. Until a channel is 
loaded to capacity it will be available for assignment to other users 
in the same area.
* * * * *

0
3. Amend Sec.  90.35:
0
a. In the table in paragraph (b)(3) by revising the entries for 
173.2375, 173.2625, 173.2875, 173.3125, 173.3375, and 173.3625; and
0
b. By adding paragraphs (c)(92) through (95).
    The revisions and additions read as follows:


Sec.  90.35  Industrial/Business Pool.

* * * * *
    (b) * * *
    (3) * * *

                                    Industrial Business Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
          Frequency or band              Class of station(s)          Limitations              Coordinator
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
              Megahertz
 
                                                  * * * * * * *
173.2375.............................  Fixed or mobile........  92, 93, 94, 95.........
 
                                                  * * * * * * *
173.2625.............................  Fixed or mobile........  92, 93, 94, 95.........
 
                                                  * * * * * * *
173.2875.............................  Fixed or mobile........  92, 93, 94, 95.........
 
                                                  * * * * * * *
173.3125.............................  Fixed or mobile........  92, 93, 94, 95.........
 
                                                  * * * * * * *
173.3375.............................  Fixed or mobile........  92, 93, 94, 95.........
 
                                                  * * * * * * *
173.3625.............................  Fixed or mobile........  92, 93, 94, 95.........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (c) * * *
    (92) This frequency is available on a shared basis both for remote 
control and telemetry operations and for mobile repeater operations. 
The authorized bandwidth may not exceed 11.25 kHz.
    (93) This frequency is available on a shared basis with the Public 
Safety Pool for remote control and telemetry operations. In cases where 
Sec.  90.35(c)(95) applies to this frequency, licensees seeking primary 
status for the use of this frequency for mobile repeater stations and 
hand-carried transmitters that communicate directly with mobile 
repeater stations must describe the area of normal day-to-day 
operations either in terms of operation in a specific county or in the 
terms of maximum distance from a geographic center (latitude and 
longitude) and shall be subject to the frequency coordination 
requirements of Sec.  90.175.
    (94) Mobile repeaters operating on this frequency are subject to a 
channel loading requirement of 50 transmitter-receivers. Loading 
standards will be applied in terms of the number of units actually in 
use or to be placed in use within 8 months following authorization. A 
licensee will be required to show that an assigned frequency pair is at 
full capacity before it may be assigned a second or additional 
frequency. Channel capacity may be reached either by the requirements 
of a single licensee or by several users sharing a channel. Until a 
channel is loaded to capacity it will be

[[Page 2110]]

available for assignment to other users in the same area.
    (95) The maximum effective radiated power (ERP) may not exceed 2 
watts for mobile stations, and 5 watts for mobile repeater stations and 
hand-carried transmitters that communicate directly with mobile 
repeater stations.
* * * * *
0
4. Section 90.175 is amended by adding paragraph (b)(4) to read as 
follows:


Sec.  90.175  Frequency coordinator requirements.

* * * * *
    (b) * * *
    (4) For any application for mobile repeater station operations on 
frequencies denoted by both Sec.  90.20(d)(90) and (92), or by both 
Sec.  90.35(c)(93) and (95) the frequency coordinator responsible for 
the application must determine and disclose to the applicant the call 
signs and the service areas of all active co-channel incumbent remote 
control and telemetry stations inside the applicant's proposed area of 
operation by adding a special condition to the application, except when 
the applicant has obtained written concurrence from an affected 
incumbent licensee, or when the applicant and the incumbent licensee 
are the same entity.
* * * * *
[FR Doc. 2016-00220 Filed 1-14-16; 8:45 am]
BILLING CODE 6712-01-P