[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30198-30202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11336]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 13-209, RM-11663; FCC 16-48]


Emission Mask Requirements for Digital Technologies on 800 MHz 
NPSPAC Channels; Analog FM Capability on Mutual Aid and 
Interoperability Channels

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rules to guard against 
interference to critical public safety communications in the 800 MHz 
National Public Safety Planning Advisory Committee (NPSPAC) band (806-
809/851-854 MHz) and to enhance public safety system interoperability 
in the VHF, UHF and 800 MHz bands by specifying analog FM as the 
standard emission for use on all interoperability channels in these 
bands.

DATES: Effective June 15, 2016.

FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Attorney-Advisor, 
Policy and Licensing Division, Public Safety and Homeland Security 
Bureau, (202) 418-0848 or [email protected] and Brian Marenco, 
Electronics Engineer, Policy and Licensing Division, Public Safety and 
Homeland Security Bureau, (202) 418-0838 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in PS Docket No. 13-209, FCC 16-48, released on April 25, 
2016. 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).
    The Report and Order amends the rules to require digital 
technologies to comply with Emission Mask H when operated in the 800 
MHz National Public Safety Planning Advisory Committee (NPSPAC) band 
(806-809/851-854 MHz). The Report and Order also amends the rules to 
require equipment to have analog FM capability when operating on 800 
MHz NPSPAC, VHF (150-170 MHz), and UHF (450-470 MHz) public safety 
mutual aid and interoperability channels. These rule changes will help 
safeguard public safety licensees in the NPSPAC band from adjacent-
channel interference and preserve interoperability in the NPSPAC, VHF 
and UHF bands. Finally, the Report and Order terminates the existing 
freeze on equipment authorization announced in the Public Notice, 28 
FCC Rcd 12661.

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.

[[Page 30199]]

B. Paperwork Reduction Act of 1995 Analysis

    The actions taken in the Report and Order in PS Docket No. 13-209 
have been analyzed with respect to the Paperwork Reduction Act of 1995, 
Public Law 104-13, and found to impose no 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 (``CRA''), see 5 U.S.C. 801(a)(1)(A).

Final Regulatory Flexibility Analysis

    1. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM). The 
Commission sought written public comment on the proposals in the NPRM, 
including comment on the IRFA. The comments received are discussed 
below. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

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

    2. The basic purpose of the Report and Order is to amend the Part 
90 technical rules in order to prevent adjacent channel interference 
and promote interoperable public safety communications. In the Notice 
of Proposed Rulemaking (NPRM) we proposed to adopt rules that guard 
against interference to critical public safety communications in the 
800 MHz NPSPAC band and enhance public safety system interoperability 
in the VHF, UHF and 800 MHz bands. Most commenters submit that digital 
equipment should not be authorized in the NPSPAC band unless it 
complies with Emission Mask H because digital transmitters increase the 
potential for adjacent channel interference and reduce frequency reuse 
in the limited NPSPAC spectrum. Most commenters also believe that 
public safety radios should have analog FM capability when operating on 
the mutual aid and interoperability channels.
    3. Based on the record, we conclude that the public interest will 
best be served by adopting the rules proposed in the NPRM, with certain 
changes that will reduce regulatory burdens on public safety entities 
and manufacturers. The rule changes adopted in this Report and Order 
provide certainty to public safety entities, regional planning 
committees (RPC), equipment manufacturers, and equipment certification 
laboratories, and will ensure that licensed facilities operate under 
uniform technical parameters to maintain the extant interference 
environment in the NPSPAC band and promote interoperability.

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

    4. There were no comments raised that specifically addressed the 
proposed rules and policies presented in the IRFA. Nonetheless, we 
considered the potential impact of the rules proposed in the IRFA on 
small entities and reduced the compliance burden for all small entities 
in order to reduce the economic impact of the rules enacted herein on 
such entities.
    5. First, our decision to apply the H Mask to digital technology is 
limited to equipment that operates in the sensitive interference 
environment of the NPSPAC band where 25 kilohertz channels are spaced 
only 12.5 kilohertz apart. We recognize that the NPSPAC channels are 
more susceptible to adjacent channel interference due to the 12.5 
kilohertz channel spacing relative to the rest of the 800 MHz band 
where channels are spaced 25 kilohertz apart. Equipment not conforming 
to the H Mask would increase the potential for adjacent channel 
interference, require greater geographic separation to mitigate 
interference and thus reduce spectrum reuse of limited public safety 
spectrum. Thus, by amending the emission mask rules applicable to the 
NPSPAC band, we reduce the economic burden on public safety licensees 
in having to contend with increased adjacent channel interference and 
decreased spectrum availability.
    6. Second, our decision to require analog FM common modulation 
capability promotes interoperability on the mutual aid channels and the 
VHF/UHF interoperability channels. In light of the embedded base of 
analog FM equipment on the mutual aid and VHF/UHF interoperability 
channels, we believe that requiring a common modulation scheme is a 
low-cost measure to ensure that these channels remain available during 
times of crisis.
    7. Third, the record shows that the benefits to public safety users 
of requiring (1) digital technologies to comply with Emission Mask H 
when operating in the NPSPAC band and (2) equipment to have analog FM 
capability when operating on 800 MHz, VHF, and UHF public safety mutual 
aid and interoperability channels exceed the asserted costs of (1) 
compliance with Emission Mask H, and (2) providing analog FM 
capability. Additionally, public safety agencies that wish to use non-H 
Mask compliant digital emissions for non-interoperable communications 
may apply for authorizations in the 4.5 MHz of 800 MHz interleaved 
spectrum.

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

    8. 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 rules adopted herein. 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 (SBA). 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).
    9. Private Land Mobile Radio Licensees. PLMR systems serve an 
essential role in a 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, and are often used in 
support of the licensee's primary (non-telecommunications) business 
operations. For the purpose of determining whether a licensee of a PLMR 
system is a small business as defined by the SBA, we use the broad 
census category, Wireless Telecommunications Carriers (except 
Satellite).
    10. The Wireless Telecommunications Carriers (except satellite) 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular phone services, 
paging services, wireless Internet access, and wireless video services. 
The appropriate size standard under SBA rules for the category Wireless 
Telecommunications Carriers (except satellite) is that a business is 
small if it has 1,500 or fewer employees. Census data for 2007 show 
that there were 1,383 such firms that operated for the entire year. Of 
this total, 1,368 firms had fewer than 1000 employees. Thus, under this 
category and the associated small business size standard, the 
Commission estimates that

[[Page 30200]]

the majority of wireless telecommunications carriers (except satellite) 
are small.
    11. The definition of the Wireless Telecommunications Carriers 
(except satellite) industry provides that a small entity is any such 
entity employing no more than 1,500 persons. The Commission does not 
require PLMR licensees to disclose information about number of 
employees, so the Commission does not have information that could be 
used to determine how many PLMR licensees constitute small entities 
under this definition. We note that PLMR licensees generally use the 
licensed facilities in support of other business activities, and 
therefore, it would also be helpful to assess PLMR licensees under the 
standards applied to the particular industry subsector to which the 
licensee belongs.
    12. As of November 1, 2012, there were 1,185 PLMR licensees 
operating in the PLMR band between 806-809/851-854 MHz (NPSPAC band) 
and 686 PLMR licensees operating on the VHF and UHF public safety 
interoperability channels. We note that any entity engaged in a 
commercial activity is eligible to hold a PLMR license, and that any 
revised rules in this context could therefore potentially impact small 
entities covering a great variety of industries.
    13. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size standards 
that encompass entities that could be directly affected by the amended 
rules. As of 2009, small businesses represented 99.7% of the 28.2 
million businesses in the United States, according to the SBA. 
Additionally, a ``small organization'' is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 2007, there were 
approximately 1,621,315 small organizations. Finally, the term ``small 
governmental jurisdiction'' is defined generally as ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2007 indicate that there were 89,527 
governmental jurisdictions in the United States. We estimate that, of 
this total, as many as 88,761 entities may qualify as ``small 
governmental jurisdictions.'' Thus, we estimate that most governmental 
jurisdictions are small.
    14. RF Equipment Manufacturers. 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 small business size standard for 
Radio and Television Broadcasting and Wireless Communications Equipment 
Manufacturing 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 the entire year. Of 
this total, 912 had employment of under 500, and an additional 10 had 
employment of 500 to 999. Thus, under this size standard, the majority 
of firms can be considered small.

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

    15. The Report and Order adopts two principal rule changes that 
will affect reporting, recordkeeping and other compliance requirements. 
The Report and Order retains our 800 MHz NPSPAC emission mask rules and 
explicitly requires digital emission transmitters to comply with 
Emission Mask H when operated on 800 MHz NPSPAC channels. The Report 
and Order also requires mobile and portable transmitters to have analog 
FM modulation capability on the public safety mutual aid and VHF/UHF 
interoperability frequencies. Digital emission transmitters have 
characteristics that differ from analog FM transmitters and, hence, 
have a greater likelihood of causing adjacent-channel interference. The 
Commission developed specific emission masks for digital emissions, 
including Mask H for digital emissions in the 800 MHz NPSPAC band. 
Industry practice recognizes that (1) digitally-modulated signals must 
be certified under the H-Mask for use in public safety spectrum and (2) 
radios intended for use on mutual aid and interoperability channels 
must be capable of analog FM operation. We expect that large and small 
manufacturers already comply with these proposed regulations. However, 
to the extent some manufacturers do not already comply with these 
regulations and industry standards, we expect that such manufacturers 
would refrain from marketing their equipment to public safety entities 
as being in compliance with the Commission's rules and ensure that 
their equipment performs consistent with these regulations designed to 
prevent interference and preserve interoperability. The Commission's 
equipment certification process will serve to ensure that equipment 
complies with Emission Mask H when operated in the NPSPAC band and that 
it has FM modulation capability on public safety mutual aid and VHF/UHF 
interoperability frequencies. Some manufacturers may submit new or 
amended applications for equipment certification accompanied by the 
requisite engineering showings that demonstrate compliance with the 
rules adopted in the Report and Order. See OMB Control No. 3060-0057.

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

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in developing 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 and reporting requirements under the rule for such 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 
such small entities.''
    17. We have evaluated our rule changes in the context of small 
business entities and find no alternatives, to the benefit of small 
entities that would achieve our goals of adjacent channel interference 
avoidance and facilitating nationwide interoperability. Additionally, 
the rules we adopt are consistent with industry practice and reflect 
the embedded base of public safety equipment on these channels. 
Accordingly, we expect most manufacturers and public safety licensees 
already comply with our regulations, therefore minimizing any 
significant economic impact on small entities. We believe that these 
restrictions on adjacent channel interference and interoperability 
compliance requirements are the minimum needed, when weighed against 
the significant benefits to small entities, including public safety 
entities, that result from the approach we are adopting here. In order 
to further minimize the economic impact on small entities, the rules 
require analog FM

[[Page 30201]]

capability only in subscriber units in order to achieve 
interoperability.

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

    18. None.

G. Report to Congress

    19. The Commission will send a copy of the Report and Order, 
including this FRFA, in a report to be sent to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Report and Order, including this FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) is also being published in the Federal Register.

Ordering Clauses

    20. Accordingly, it is ordered, pursuant to Sections 1, 2, 4(i), 
4(j), 301, 302, 303, 308, 309(j), and 332 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 301, 302, 303, 
308, 309(j), and 332, that this Report and Order is hereby ADOPTED. 
Part 90 of the Commission's rules, 47 CFR part 90, is revised as set 
forth in Appendix A to this Report and Order. These rule revisions will 
take effect 30 days after the date of publication of the text thereof 
in the Federal Register.
    21. It is further ordered that the equipment authorization freeze 
announced in the Public Notice, 28 FCC Rcd 12661, shall be terminated 
on the date the rule revisions as set forth in Appendix A become 
effective.
    22. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    23. It is further ordered that the Commission shall 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).

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the 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), 332(c)(7).


0
2. Section 90.20 is amended by revising paragraph (d)(80) to read as 
follows:


Sec.  90.20  Public Safety Pool.

* * * * *
    (d) * * *
    (80) After December 7, 2000 this frequency is available primarily 
for public safety interoperability only communications. Stations 
licensed prior to December 7, 2000 may continue to use this frequency 
on a co-primary basis until January 1, 2005. After January 1, 2005, all 
operations will be secondary to co-channel interoperability 
communications. Analog FM emission shall exclusively be used for 
operation on the VHF and UHF interoperability channels.
* * * * *
0
3. Section 90.203 is amended by revising paragraphs (i) and (j)(1) to 
read as follows:


Sec.  90.203  Certification required.

* * * * *
    (i) Mobile/portable equipment capable of use in the 806-809/851-854 
MHz band segment and submitted for certification thirty or more days 
after publication of a summary of the Report and Order, (FCC 16-48, 
released April 25, 2016) in PS Docket 13-209 in the Federal Register 
must have the capability to operate in the analog FM mode on the mutual 
aid channels designated in Sec.  90.617(a)(1) of the rules.
    (j) * * *
    (1) Applications for certification of mobile and portable equipment 
designed to transmit voice on public safety frequencies in the 150-174 
MHz or 450-470 MHz band will be granted only if the mobile/portable 
equipment is capable of operating in the analog FM mode on the 
nationwide public safety interoperability channels in the 150-174 MHz 
band or 450-470 MHz band, as appropriate. (See Sec.  90.20(c), (d)(80) 
of this part.)
* * * * *

0
4. Section 90.210 is amended by adding footnote 6 to the entry for 806-
809/851-854 in the Applicable Emission Masks table to read as follows:


Sec.  90.210  Emission masks.

* * * * *

                        Applicable Emission Masks
------------------------------------------------------------------------
                                         Mask for           Mask for
                                      equipment with   equipment without
       Frequency band (MHz)           audio low pass     audio low pass
                                          filter             filter
------------------------------------------------------------------------
 
                              * * * * * * *
806-809/851-854 \6\...............                  B                  H
 
                              * * * * * * *
------------------------------------------------------------------------
 * * * * * * *
\6\ Transmitters utilizing analog emissions that are equipped with an
  audio low-pass filter must meet Emission Mask B. All transmitters
  utilizing digital emissions and those transmitters using analog
  emissions without an audio low-pass filter must meet Emission Mask H.


0
5. Section 90.617 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  90.617  Frequencies in the 809.750-824/854.750-869 MHz, and 896-
901/935-940 MHz bands available for trunked, conventional or cellular 
system use in non-border areas.

* * * * *
    (a) * * *
    (1) Channels numbers 1-230 are also available to eligible 
applicants in the Public Safety Category in non-border areas. The 
assignment of these channels

[[Page 30202]]

will be done in accordance with the policies defined in the Report and 
Order in Gen. Docket No. 87-112 (See Sec.  90.16). The following 
channels are available only for mutual aid purposes as defined in Gen. 
Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable 
radios operating on the mutual aid channels shall employ analog FM 
emission.
* * * * *

0
6. Section 90.619 is amended by revising paragraphs (a)(5)(i) and 
(c)(6)(i) to read as follows:


Sec.  90.619  Operations within the U.S./Mexico and U.S./Canada border 
areas.

    (a) * * *
    (5) * * *
    (i) Channel numbers 1-230 are also available to eligible applicants 
in the Public Safety Category in the Canada Border Regions. The 
assignment of these channels will be done in accordance with the 
policies defined in the Report and Order of Gen. Docket No. 87-112 (See 
Sec.  90.16). The following channels are available only for mutual aid 
purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 
153. Mobile and portable radios operating on the mutual aid channels 
shall employ analog FM emission.
* * * * *
    (c) * * *
    (6) * * *
    (i) Channel numbers 1-230 are also available to eligible applicants 
in the Public Safety Category in the Canada Border Regions. The 
assignment of these channels will be done in accordance with the 
policies defined in the Report and Order of Gen. Docket No. 87-112 (See 
Sec.  90.16). The following channels are available only for mutual aid 
purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 
153. Mobile and portable radios operating on the mutual aid channels 
shall employ analog FM emission.
* * * * *
[FR Doc. 2016-11336 Filed 5-13-16; 8:45 am]
 BILLING CODE 6712-01-P