[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Proposed Rules]
[Pages 65984-65987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22978]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 13-87; PS Docket No. 06-229, WT Docket No. 96-86, RM-
11433 and RM-11577, FCC 16-111]


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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on proposals to amend the Commission's rules 
to promote spectrum efficiency, interoperability, and flexibility in 
700 MHz public safety narrowband operations (769-775/799-805 MHz). By 
this action, the Commission affords interested parties an opportunity 
to submit comments on these proposed rule changes.

DATES: Comments are due on or before October 26, 2016 and reply 
comments are due on or before November 10, 2016.

FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM) in PS Docket No. 13-87, 
FCC 16-111, released on August 22, 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).
    In this FNPRM, the Commission seeks comment on a proposal to 
facilitate the use of Vehicular Repeater Systems (VRS) on 700 MHz 
narrowband General Use and State License channels. In particular, it 
seeks comment on whether to amend the 700 MHz narrowband trunking rule 
and asks for comment on additional rule changes that may be necessary 
to accommodate vehicular repeater systems' operation on 700 MHz 
narrowband channels.
    This FNPRM also seeks comment on the Department of Homeland 
Security's (DHS) Project 25 Compliance Assessment Advisory Council (P25 
CAP AP) list of 15 recommended feature sets and capabilities to 
facilitate interoperable communications between radios when operating 
in the conventional mode of P25 using the Common Air Interface (CAI) on 
the designated 700 MHz interoperability channels. The Commission seeks 
comment on whether to adopt all, some, or none, of the additional 
feature sets and capabilities recommended.
    This FNPRM also seeks comment on a recommendation by Motorola 
Solutions, Inc. (Motorola) to clarify Sections 90.547 and 90.548 of the 
Commission's rules that require that 700 MHz radios must be capable of 
being programmed to operate on the designated interoperability 
channels.
    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 the first page of 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.
     People with Disabilities: 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).
    Interested parties may view documents filed in this proceeding on 
the Commission's Electronic Comment Filing System (ECFS) using the 
following steps: (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. (2) In 
the introductory screen, click on ``Search for Filed Comments.'' (3) In 
the ``Proceeding'' box, enter the numerals in the docket number. (4) 
Click on the box marked ``Retrieve Document List.'' A link to each 
document is provided in the document list. The public may inspect and 
copy filings and comments during regular business hours at the FCC 
Reference Information Center, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. The public may also download this FNPRM from the 
Commission's Web site at http://www.fcc.gov/.
    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR

[[Page 65985]]

1.1206(b). In proceedings governed by 47 CFR 1.49(f) or for which the 
Commission has made available a method of electronic filing, written ex 
parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.

Procedural Matters

A. Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(``RFA''), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (``IRFA'') of the possible significant economic 
impact on a substantial number of small entities that might result from 
adoption of the rules proposed in the FNPRM. Written public comments 
are requested on this IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the applicable deadlines for initial 
comments, or reply comments, as specified in the FNPRM.

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

    In the FNPRM, we seek comment on whether to amend the Commission's 
rules governing 700 MHz public safety narrowband spectrum at 769-775 
MHz and 799-805 MHz. The rule changes we seek comment on 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 
seek comment in the FNPRM on exempting low power vehicular repeater 
systems from the narrowband trunking requirements. Exempting low power 
vehicular repeaters systems from the trunking requirements would 
facilitate rapid deployment of low power vehicular repeater systems as 
well as reduce burdens on public safety entities. We seek comment on 
whether to clarify the rules concerning the requirement that 700 MHz 
radios be capable of being programmed to operate on the designated 
interoperability channels. Clarification would provide greater 
certainty to equipment manufacturers on the required performance of 
their equipment. We also seek comment on whether to adopt a list of 
recommended feature sets and capabilities in order to ensure that 
radios operating in the conventional mode on the designated 700 MHz 
narrowband interoperability channels are in fact interoperable across 
vendors. Adopting such a list would promote certainty for public safety 
and manufacturers as well as promote competition in the public safety 
equipment market. We also seek comment on whether the Commission should 
instead informally encourage the agencies, funders and manufacturers to 
adopt voluntary best practices directed to improving interoperability, 
both technically and operationally.

C. Legal Basis

    The legal basis for any action that may be taken pursuant to this 
FNPRM is contained in Sections 1, 4(i), 303, 316, 332, and 337 of the 
Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303, 316, 
332, and 337.

D. Description and Estimate of the Number of Small Entities to Which 
the Proposed 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. 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 Small Business 
Administration (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).
    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 firms that operated for the entire year. Of this 
total, 1,368 firms had employment of fewer than 1000 employees. Thus 
under this category and the associated small business size standard, 
the Commission estimates that the majority of wireless 
telecommunications carriers (except satellite) are small.
    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.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The U.S. Census defines this industry as 
comprising ``establishments primarily engaged in manufacturing radio 
and television broadcast and wireless communications equipment. 
Examples of products made by the 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 established a 
size standard for this industry which classifies any businesses in this 
industry as small if it has 750 or fewer employees. Census data for 
2007 indicate that 939 such businesses operated in that year. Of that 
number, 912 businesses operated with fewer than 500 employees. Based on 
this data, we conclude that a majority of businesses in this industry 
are small by the SBA standard.

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

    No rule proposed in the FNPRM will entail additional reporting, 
recordkeeping, and/or third-party consultation or other compliance 
requirement.

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

    The RFA requires an agency to describe any significant, 
specifically small business alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting

[[Page 65986]]

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) and exemption from coverage of the rule, or any part 
thereof, for small entities.''
    The FNPRM seeks comment on a proposed change to the rules covering 
operation of public safety systems on narrowband spectrum in the 700 
MHz band. Specifically, the FNPRM seeks comment on whether the proposed 
rule changes to section 90.537 of the Commission's rules will promote 
efficient use of public safety narrowband spectrum in the band while 
reducing economic burdens on licensees. For the 700 MHz General Use and 
State License channels, section 90.537 provides that ``[a]ll systems 
using six or more narrowband channels in the 769-775 MHz and 799-805 
MHz frequency bands must be trunked systems, except for those described 
in paragraph (b) of this section.'' In order to strike the proper 
balance between these two objectives, the FNPRM seeks comment, inter 
alia, on exempting low power vehicular repeaters from the 700 MHz 
narrowband trunking requirements. The FNPRM also seeks comment on 
maximizing interoperability by adopting a list of feature sets and 
capabilities in radios designed to operate in the conventional mode on 
the designated 700 MHz narrowband interoperability channels. Currently, 
the Commission's rules do not specify feature sets or capabilities that 
will promote interoperability across vendors and between users. Thus, 
we seek comment on whether it would be beneficial to incorporate into 
our rule specific feature sets and capabilities for radios designed to 
operate on the 700 MHz narrowband interoperability channels.

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

    None.

H. Paperwork Reduction Act of 1995 Analysis

    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).

Ordering Clauses

    Accordingly, It is ordered that, pursuant to Sections 1, 4(i), 303, 
316, 332, 337, and 405 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 303, 316, 332, 337, 405, this Further Notice of 
Proposed Rulemaking is hereby adopted.
    It is further ordered that pursuant to applicable procedures set 
forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 1.415 
and 1.419, interested parties may file comments on the NPRM on or 
before October 26, 2016, and reply comments on or before November 10, 
2016.
    it is further ordered, that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Further Notice of Proposed Rulemaking, including the the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICE

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.  90.537 by revising paragraph (a) to read as follows:


Sec.  90.537  Trunking requirement.

    (a) General use and State License channels. All systems using six 
or more narrowband channels in the 769-775 MHz and 799-805 MHz 
frequency bands must be trunked systems, except for low power vehicular 
repeaters (MO3) authorized on General Use and State License channels 
and those described in paragraph (b) of this section.
* * * * *
0
3. Amend Sec.  90.548 by adding paragraph (d) to read as follows:


Sec.  90.548  Interoperability Technical Standards.

* * * * *
    (d) Mobile and portable transceivers must at a minimum include the 
following feature sets and capabilities while operating in the 
conventional mode in order to be validated for compliance with the 
Project 25 standards.
    (1) A subscriber unit must be capable of issuing an emergency alarm 
in a conventional system conforming to the following standard: TIA 
102.BAAD-A Conventional Procedures, Section 4.2.2., released February 
2010.
    (2) A subscriber unit must be capable of setting the emergency bit 
on all voice transmissions to notify units operating on the same 
channel that the user has declared an emergency situation conforming to 
the following standard: Project 25 Statement of Requirements, Section 
2.1.2.25.1., released December 11, 2013.
    (3) A subscriber unit must conform to the unit and accessory mil-
spec requirements in accordance with the following standard: Project 25 
Statement of Requirements, Sections 1.3.3 through 1.3.3.5., released 
December 11, 2013.
    (4) A subscriber unit must be capable of issuing group calls in a 
conventional system in conformance with the following standard: Project 
25 Statement of Requirements, Section 2.1.2.1., released December 11, 
2013.
    (5) A subscriber unit must be capable of issuing private calls in a 
conventional system in conformance with the following standard: Project 
25 Statement of Requirements, Section 2.1.2.3., released December 11, 
2013.
    (6) The three Project 25 standard squelch modes must be supported 
in conformance with the following standard: Project 25 Statement of 
Requirements, Section 2.1.2.30, as effective on December 11, 2013.
    (7) A subscriber unit must properly implement the special 
``Reserved'' conventional network access code (NAC) and talkgroup in 
conformance with the following standard: TIA TSB-102.CABA, released 
October 2010.
    (8) A subscriber unit must include ``No Call'' Talk Group ($0000) 
and ``All Call'' Talk Group ($FFFF) in conformance with the following 
standard: Project 25 Statement of Requirements, Section 2.1.2.34., 
released December 11, 2013.
    (9) A subscriber unit must be able to transmit and receive the 
appropriate status symbols to indicate that a channel is busy in both 
direct and repeater mode in conformance with the following standard: 
TIA TSB-102.CABA, released October 2010.

[[Page 65987]]

    (10) A subscriber units must be compatible with C4FM and CQPSK 
Modulation in conformance with the following standard: TIA TSB-
102.CABA, released December 11, 2013.
    (11) A fixed conventional repeater must be able to repeat the 
correct/matching network access code (NAC) for all subscriber call 
types (clear and encrypted) using the same output NAC in conformance 
with the following standard: TIA TSB-102.CABA, released December 11, 
2013.
    (12) A fixed conventional repeater must be able to repeat the 
correct/matching network access code (NAC) for all subscriber call 
types (clear and encrypted) using a different output NAC in conformance 
with the following standard: TIA TSB-102.CABA, released December 11, 
2013.
    (13) A fixed conventional repeater must be able to reject (no 
repeat) all input transmissions with incorrect network access code 
(NAC) in conformance with the following standard; TIA TSB-102.CABA, 
released December 11, 2013.
    (14) A fixed conventional repeater must be able to support the 
correct status symbol indicating when an input channel is busy in 
conformance with the following standard: TIA TSB-102.CABA, released 
December 11, 2013.
    (15) A fixed conventional repeater must be able to support the 
correct implementation of special reserved network access code (NAC) 
values $293, $F7E, and $F7F in conformance with the following standard: 
TIA TSB-102.CABA, released December 11, 2013.

[FR Doc. 2016-22978 Filed 9-23-16; 8:45 am]
 BILLING CODE 6712-01-P