[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23267-23268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09058]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 22, 24, 25, 27, 90, 95 and 101

[ET Docket No. 15-170; DA 16-348]


Incorporating the American National Standard for Compliance 
Testing of Transmitters Used in Licensed Radio Services (ANSI C63.26-
2015) Into the Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission acknowledges the publication 
of ANSI C63.26-2015 ``American National Standard for Compliance Testing 
of Transmitters Used in Licensed Radio Services'' and seeks comment on 
incorporating it into the Commission's rules by reference as part of an 
open rulemaking proceeding that addresses its equipment authorization 
(EA) rules and procedures. The standard was recently published and is 
now an ``active standard''--that is, the standards association 
considers it to be valid, current, and approved.

DATES: Submit comments on or before May 5, 2016. Reply Comment Date: 
May 16, 2016.

ADDRESSES: Pursuant to sections 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 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).
    Electronic Filers: Comments may be filed electronically using the 
Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
    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.
    All hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    Commercial overnight mail (other than U.S. Postal Service Express 
Mail and Priority Mail) must be sent to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
    U.S. Postal Service first-class, Express, and Priority mail must be 
addressed to 445 12th Street SW., Washington DC 20554. People with 
Disabilities: To request materials in accessible formats for people 
with disabilities (Braille, large print, electronic files, audio 
format), send an email to fcc504@fcc.gov or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).
    Comments, reply comments, and ex parte submissions will be 
available for public inspection during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 445 12th 
Street SW., CY-A257, Washington, DC 20554. These documents will also be 
available via ECFS. Documents will be available electronically in 
ASCII, Microsoft Word, and/or Adobe Acrobat.

FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering 
and Technology, (202) 418-2702, email: Brian.Butler@fcc.gov, TTY (202) 
418-2989.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
(Public Notice) ET Docket No 15-170, released April 1, 2016. The full 
text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street SW., Washington, DC 20554. The full text may also be 
downloaded at: www.fcc.gov. People with Disabilities: To request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format), send an email to 
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (tty).

[[Page 23268]]

Synopsis

    By this Synopsis, we acknowledge the publication of ANSI C63.26-
2015 ``American National Standard for Compliance Testing of 
Transmitters Used in Licensed Radio Services,'' and seek comment on 
incorporating it into the Commission's rules by reference as part of an 
open rulemaking proceeding that addresses our equipment authorization 
(EA) rules and procedures. Comments and reply comments should be filed 
in the existing EA docket, ET Docket No. 15-170.
    As background, ANSI C63.26 was developed by the ANSI ASC C63 in 
order to provide manufacturers and test laboratories with the reliable 
and consistent measurement procedures necessary to demonstrate that 
transmitters used in licensed radio services comply with the 
Commission's technical requirements. The standard was recently 
published and is now an ``active standard''--that is, the standards 
association considers it to be valid, current, and approved.
    The Commission, in the Notice of Proposed Rulemaking Docket 15-170 
(EA NPRM), initiated an examination of ways to update and modernize the 
rules and procedures associated with the equipment authorization 
program for radiofrequency (RF) devices. In the EA NPRM, the Commission 
acknowledged the then-pending ANSI C63.26 standard, and observed that 
references to the applicable measurement procedures in ANSI C63.26 
could replace measurement procedures set forth in the part 2 equipment 
authorization rules and referred to in many specific licensed service 
subparts. In particular, the Commission noted that section 2.947 of the 
rules states that it will accept data which has been measured in 
accordance with standards or measurement procedures acceptable to the 
Commission and published by national engineering societies.
    ANSI C63.26 is particularly relevant to the testing of digital 
devices, since our existing rules mostly address older analog 
technologies, and the supplemental guidance for digital device 
measurements has generally been provided by OET on an ad hoc basis. 
Moreover, because the standard complements the ANSI C63.10 standard for 
measurement procedures for unlicensed devices (which the Commission 
recently incorporated by reference), the use of ANSI C63.26 would 
facilitate the testing of devices that contain both licensed and 
unlicensed transmitters.
    In the EA NPRM, the Commission asked parties to ``take the ANSI 
C63.26 standards development into account when drafting their 
comments,'' anticipated that it would ``soon have to consider whether 
we should allow for the use of ANSI C63.26 once it has been adopted . . 
. and published,'' and proposed ``to seek comment on incorporating the 
ANSI C63.26 into our rules as soon as the standard becomes final.'' As 
the standard has become final, and through this Public Notice, we seek 
comment on modifying section 2.910 of our rules, 47 CFR 2.910, to 
incorporate ANSI C63.26 by reference. By supplementing the record 
within existing Docket 15-170, the Commission will be able to consider 
the use of ANSI C63.26 as part of its comprehensive review of the EA 
process.
    In addition to commenting on the potential adoption of ANSI C63.26 
generally, commenters should address how the Commission would 
incorporate the standard into our existing rules, as discussed in the 
NPRM. For example, what are the specific part 2 measurement procedures 
that ANSI C63.26 would replace, and which individual service rules 
should be replaced with cross-references to part 2 (and, by extension, 
ANSI C63.26)? These filings should be made in ET Docket No. 15-170 
within the pleading cycle time period listed above.
    Incorporation by Reference. The OFR recently revised the 
regulations to require that agencies must discuss in the preamble of 
the rule ways that the materials the agency incorporates by reference 
are reasonably available to interested persons and how interested 
parties can obtain the materials. In addition, the preamble of the rule 
must summarize the material. 1 CFR 51.5(b). In accordance with OFR's 
requirements, the discussion in this section summarizes ANSI standards. 
Copies of the standards are available for purchase from these 
organizations: The Institute of Electrical and Electronic Engineers 
(IEEE), 3916 Ranchero Drive, Ann Arbor, MI 48108, 1-800-699-9277, 
http://www.techstreet.com/ieee; and the American National Standards 
Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036, 
(212) 642-4900, http://webstore.ansi.org/ansidocstore.
    ANSI C63.26-2015, ``American National Standard for Compliance 
Testing of Transmitters Used in Licensed Radio Services,'' is ANSI 
approved and was published on January 15, 2016. The IBR previously 
proposed in 80 FR 46900 (2015) would also include this standard in 
multiple rule sections.
    This standard, ANSI C63.26-2015, covers the procedures for testing 
a wide variety of licensed transmitters; including but not limited to 
transmitters operating under parts 22, 24, 25, 27, 90, 95 and 101 of 
the FCC Rules, transmitters subject to the general procedures in part 2 
of the FCC Rules and procedures for transmitters not covered in the FCC 
Rules. The standard also addresses specific topics; e.g., ERP/EIRP, 
average power measurements and instrumentation requirements.

Federal Communications Commission.
Ronald T. Repasi,
Deputy Chief, Office of Engineering and Technology.
[FR Doc. 2016-09058 Filed 4-19-16; 8:45 am]
 BILLING CODE 6712-01-P