[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66830-66833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22432]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 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: Final rule.

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SUMMARY: In this Order on Reconsideration, the Federal Communications 
Commission (Commission) provides more flexibility to radio equipment 
manufacturers interested in the marketing and sale of 700 MHz equipment 
to public safety agencies by revising the Commission's rules and 
providing more time for interoperability testing of equipment designed 
to operate on the 700 MHz narrowband interoperability channels.

[[Page 66831]]

The Commission balances the needs of manufacturers for flexibility with 
public safety's need for verified interoperable communications during 
emergencies. The Commission also provides guidance to states that wish 
to delegate administration of certain 700 MHz narrowband channels and 
corrects certain rules governing public safety spectrum.

DATES: Effective September 29, 2016, except for Sec. Sec.  
2.1033(c)(20) and 90.548(c), 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 notification that the Commission will publish in the 
Federal Register announcing such approval and effective date.

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 Order 
on Reconsideration 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 2014, the Commission adopted a Report and Order in the captioned 
proceeding, which, inter alia, provided that mobile and portable 700 
MHz public safety band radios designed to operate on the 700 MHz 
interoperability channels would be presumed interoperable if they 
received Project 25 Compliance Acceptance Program (CAP) approval 
(hereinafter referred to as P25 CAP), 79 FR 71321 (Dec. 2, 2014). In 
the alternative, manufacturers could accompany their equipment 
certification applications with other documentation demonstrating how 
the radio submitted for certification complied with Project 25 
standards and was interoperable across vendors. The Telecommunications 
Industry Association (TIA) filed a timely petition for reconsideration 
of the Report and Order, 80 FR 4239 (Jan. 27, 2015).
    In this Order on Reconsideration, the Commission grants the 
Petition in part and modifies those rules to provide greater 
flexibility to manufacturers considering the marketing and sale of 
equipment to public safety. In particular, this Order on 
Reconsideration allows CAP compliance or the equivalent to be 
demonstrated after equipment certification but prior to the marketing 
or sale of that equipment. Thereby manufacturers may obtain FCC 
equipment authorization for equipment designed to operate on the 700 
MHz narrowband interoperability channels before obtaining P-25 CAP 
approval or the equivalent. P-25 CAP approval, or the equivalent, 
however, must be obtained before equipment is marketed or sold, thus 
mitigating the risk to public safety, including state and local 
governmental entities, that equipment purchased may not be 
interoperable across vendors. Lack of interoperability can severely 
compromise public safety agencies' response to emergencies. The 
Commission concludes that CAP compliance or the equivalent completed 
before the marketing or sale of equipment to public safety mitigates 
the risk of lack of interoperability while accommodating the needs of 
manufacturers for flexibility in the equipment certification and P-25 
CAP, or equivalent, processes. For these reasons, the Commission 
modifies Sections 2.1033(c)(20) and 90.548(c) of the rules.
    Separately, in response to a request for clarification filed by the 
National Regional Planning Council (NRPC), the Commission clarifies 
that states may delegate administration of the 700 MHz air-ground 
channels to the 700 MHz Regional Planning Committees (RPCs). The 
Commission also amends Section 90.535 of the Commission's rules to 
reflect its previous decision to eliminate the 700 MHz narrowbanding 
deadline. Additionally, the Commission corrects Sections 90.209 and 
90.210 of the Commission's technical rules to accurately reflect 
bandwidth limitations and emission masks. Finally, the Commission 
conforms Sections 90.523(a)-(d) to the introductory sentence of Section 
90.523, to reflect the restriction of the public safety narrowband 
spectrum bands to 769-775/799-805 MHz, as required by the Middle Class 
Tax Relief and Job Creation Act of 2012 (Spectrum Act).

Procedural Matters

A. Supplemental Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making 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 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 U.S. Small 
Business Administration (SBA). Pursuant to the RFA, a Final Regulatory 
Flexibility Analysis (``FRFA'') was incorporated into the Report and 
Order.
    This Order on Reconsideration amends the rules adopted in the 
Report and Order in this proceeding to provide manufacturers with 
greater flexibility in the equipment authorization process. Those rules 
required demonstration of Project 25 compliance (through CAP or 
otherwise) at the time of the filing of the equipment authorization 
application, when certain aspects of CAP compliance may be more 
difficult to demonstrate (e.g., the lack of availability of product 
versions needed for interoperability testing). Instead, the Order on 
Reconsideration requires CAP certification (or other demonstration of 
Project 25 compliance) before radios may be marketed or sold. This 
change preserves public safety interoperability goals while providing 
manufacturers with needed additional flexibility.
    This Order on Reconsideration also clarifies that States may 
delegate the administration of the 700 MHz air-ground channels to 700 
MHz Regional Planning Committees; amends Section 90.523 of the rules to 
accurately reflect the 700 MHz narrowband public safety bands; and 
amends Section 90.535 of the rules to implement the Commission's 
decision to eliminate the 700 MHz narrowbanding mandate. Finally, the 
Order on Reconsideration corrects Sections 90.209 and 90.210 of the 
Commission's technical rules to accurately reflect the correct 
bandwidth limitations and emission masks.

[[Page 66832]]

B. Paperwork Reduction Act of 1995 Analysis

    The Order on Reconsideration contains new or modified 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 section 3507(d) of the 
PRA. OMB, the general public, and other Federal agencies are invited to 
comment on the new or modified information collection requirements 
contained in this proceeding.

C. Congressional Review Act

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

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

    None.

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 Order on 
Reconsideration is hereby adopted.
    It is ordered pursuant to Sections 4(i) and 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 405, and 
Section 1.429 of the Commission's rules, 47 CFR 1.429, that the 
Petition for Reconsideration filed by the Telecommunications Industries 
Association on January 2, 2015, IS GRANTED to the extent discussed 
herein.
    It is further ordered that Sections 2.1033(c)(20), 90.209, 90.210, 
90.523, 90.535(d) and 90.548(c) of the Commission's rules are AMENDED. 
The amendments to Sections 2.1033(c)(20) and 90.548(c) require approval 
by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act and shall become effective after the Commission publishes 
a notification in the Federal Register announcing such approval and the 
relevant effective date. The amendments to Sections 90.209, 90.210, 
90.523, and 90.535(d) shall become effective on publication of this 
Order on Reconsideration in the Federal Register.
    It is further ordered, that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order on Reconsideration, including the Supplemental Final 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Parts 2 and 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 parts 2 and 90 as follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 336, unless otherwise 
noted.

0
2. Section 2.1033 is amended by revising paragraph (c)(20) to read as 
follows:


Sec.  2.1033   Application for certification.

* * * * *
    (c) * * *
    (20) Before equipment operating under part 90 of this chapter and 
capable of operating on the 700 MHz interoperability channels (See 
Sec.  90.531(b)(1) of this chapter) may be marketed or sold, the 
manufacturer thereof shall have a Compliance Assessment Program 
Supplier's Declaration of Conformity and Summary Test Report or, 
alternatively, a document detailing how the manufacturer determined 
that its equipment complies with Sec.  90.548 of this chapter and that 
the equipment is interoperable across vendors. Submission of a 700 MHz 
narrowband radio for certification will constitute a representation by 
the manufacturer that the radio will be shown, by testing, to be 
interoperable across vendors before it is marketed or sold.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. 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
4. Section 90.209 is amended in the table in paragraph (b)(5) by 
revising the entries for ``406-512'' and ``809-824/854-869'' to read as 
follows:


Sec.  90.209   Bandwidth limitations.

* * * * *
    (b) * * *
    (5) * * *

                   Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
                                                   Channel   Authorized
              Frequency band  (MHz)                spacing    bandwidth
                                                    (kHz)       (kHz)
------------------------------------------------------------------------
 
                                * * * * *
406-512 \2\.....................................    1 6.25     1 3 6 20/
                                                                 11.25/6
 
                                * * * * *
809-824/854-869.................................        25          6 20
 
                                * * * * *
------------------------------------------------------------------------
\1\ For stations authorized on or after August 18, 1995.
\2\ Bandwidths for radiolocation stations in the 420-450 MHz band and
  for stations operating in bands subject to this footnote will be
  reviewed and authorized on a case-by-case basis.
\3\ Operations using equipment designed to operate with a 25 kHz channel
  bandwidth will be authorized a 20 kHz bandwidth. Operations using
  equipment designed to operate with a 12.5 kHz channel bandwidth will
  be authorized a 11.25 kHz bandwidth. Operations using equipment
  designed to operate with a 6.25 kHz channel bandwidth will be
  authorized a 6 kHz bandwidth. All stations must operate on channels
  with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless
  the operations meet the efficiency standard of Sec.   90.203(j)(3).
* * * * *
\6\ Operations using equipment designed to operate with a 25 kHz channel
  bandwidth may be authorized up to a 22 kHz bandwidth if the equipment
  meets the Adjacent Channel Power limits of Sec.   90.221.

* * * * *

0
5. Section 90.210 is amended by revising paragraph (h)(5) to read as 
follows:


Sec.  90.210   Emission masks.

* * * * *
    (h) * * *
    (5) On any frequency removed from the center of the authorized 
bandwidth by more than 25 kHz: At least 43 + 10 log (P) dB.
* * * * *

0
6. Section 90.523 is amended by revising paragraphs (a), (b) 
introductory text, (c), and (d) to read as follows:


Sec.  90.523   Eligibility.

* * * * *
    (a) State or local government entities. Any territory, possession, 
state, city, county, town, or similar State or local governmental 
entity is eligible to hold authorizations in the 769-775 MHz and 799-
805 MHz frequency bands.
    (b) Nongovernmental organizations. A nongovernmental organization 
(NGO) that provides services, the sole or principal purpose of which is 
to protect the safety of life, health, or property, is eligible to hold 
an authorization for a system operating in the 769-775 MHz and 799-805 
MHz frequency bands for transmission or reception of

[[Page 66833]]

communications essential to providing such services if (and only for so 
long as) the NGO applicant/licensee:
* * * * *
    (c) All NGO authorizations are conditional. NGOs assume all risks 
associated with operating under conditional authority. Authorizations 
issued to NGOs to operate systems in the 769-775 MHz and 799-805 MHz 
frequency bands include the following condition: If at any time the 
supporting governmental entity (see paragraph (b)(1) of this section) 
notifies the Commission in writing of such governmental entity's 
termination of its authorization of a NGO's operation of a system in 
the 769-775 MHz and 799-805 MHz frequency bands, the NGO's application 
shall be dismissed automatically or, if authorized by the Commission, 
the NGO's authorization shall terminate automatically.
    (d) Paragraphs (a) and (b) of this section notwithstanding, no 
entity is eligible to hold an authorization for a system operating in 
the 769-775 MHz and 799-805 MHz frequency bands on the basis of 
services, the sole or principal purpose of which is to protect the 
safety of life, health or property, that such entity makes commercially 
available to the public.
* * * * *

0
7. Section 90.535(d) is revised to read as follows:


Sec.  90.535   Modulation and spectrum usage efficiency requirements.

* * * * *
    (d) Transmitters designed to operate on the channels listed in 
paragraphs (b)(2), (5), (6), and (7) of Sec.  90.531 must be capable of 
operating in the voice mode at an efficiency of at least one voice path 
per 12.5 kHz of spectrum bandwidth.

0
8. Section 90.548(c) is revised to read as follows:


Sec.  90.548  Interoperability Technical Standards.

* * * * *
    (c) Transceivers capable of operating on the interoperability 
channels listed in Sec.  90.531(b)(1) shall not be marketed or sold 
unless the transceiver has previously been certified for 
interoperability by the Compliance Assessment Program (CAP) 
administered by the U.S. Department of Homeland Security; provided, 
however, that this requirement is suspended if the CAP is discontinued. 
Submission of a 700 MHz narrowband radio for certification will 
constitute a representation by the manufacturer that the radio will be 
shown, by testing, to be interoperable across vendors before it is 
marketed or sold. In the alternative, manufacturers may employ their 
own protocol for verifying compliance with Project 25 standards and 
determining that their product is interoperable among vendors. In the 
event that field experience reveals that a transceiver is not 
interoperable, the Commission may require the manufacturer thereof to 
provide evidence of compliance with this section.

[FR Doc. 2016-22432 Filed 9-28-16; 8:45 am]
 BILLING CODE 6712-01-P