[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Notices]
[Pages 73398-73400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25714]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0057]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or the 
Commission) invites the general public and other Federal agencies to 
take this opportunity to comment on the following information 
collection. Comments are requested concerning: whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; the accuracy of the Commission's burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information collected; ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology; and 
ways to further reduce the information collection burden on small 
business concerns with fewer than 25 employees. The FCC may not conduct 
or sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the PRA 
that does not display a valid Office of Management and Budget (OMB) 
control number.

DATES: Written PRA comments should be submitted on or before December 
27,

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2016. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Nicole Ongele at (202) 418-2991.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0057.
    Title: Application for Equipment Authorization, FCC Form 731.
    Form Number: FCC Form 731.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities, and state, 
local, or tribal government.
    Number of Respondents and Responses: 3,740 respondents; 22,250 
responses.
    Estimated Time per Response: 35 hours.
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for these collections are contained in Sections 
4(i), 301, 302, 303(e), 303(f), and 303(r) of the Communications Act of 
1934, as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), 
and 303(r).
    Total Annual Burden: 778,750 hours.
    Total Annual Cost: No cost.
    Privacy Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: Commission rules require that manufacturers of 
certain radio frequency (RF) equipment file FCC Form 731 to obtain 
approval prior to marketing their equipment. Manufacturers may then 
market their RF equipment based on a showing of compliance with 
technical standards established in the FCC Rules for each type of 
equipment or device operated under the applicable FCC Rule part. The 
following types of equipment are regulated (a) the RF equipment is 
regulated under certain rule sections of 47 CFR part 15 and Part 18, 
and (b) in addition, rules governing certain RF equipment operating in 
the licensed services also require equipment authorization as 
established in the procedural rules in 47 CFR part 2. The RF equipment 
manufacturers comply with the information collection requirements by 
(a) Filing FCC Form 731 electronically with the Commission, or (b) 
Submitting the information to a Telecommunications Certification Body 
(TCB), which acts on behalf of the FCC to issue grants of certification 
and may issue grants more expeditiously than the FCC. The TCBs have 
flexibility in the format in which they require the collection of 
information (i) TCBs may require applicants to submit the required 
information in FCC Form 731 format or in another format selected by the 
TCB, but (ii) whatever the information collection method, the 
information required is governed by the procedural rules in 47 CFR part 
2 and a showing of compliance with the FCC technical standards for the 
specific type of equipment. RF manufacturer applicants for equipment 
certification may also request ``expedited authorization'' to market 
their equipment by: (a) Choosing to pay the fee levied by a TCB, and 
(b) submitting their request to a TCB in order for expedited 
authorization to market. The TCB processes the RF equipment 
manufacturer's application as follows: (i) The TCB receives and reviews 
the RF manufacturer's information submission/application; and (ii) the 
TCB enters the information into the FCC Equipment Authorization System 
database using an interface that provides the TCB with the tools to 
issue a standardized Grant of Equipment Authorization. Whichever method 
the RF manufacturers choose to submit their information--via either the 
FCC on FCC Form 731 or the TCB, FCC Rules require that applicants 
supply the following data: (a) Demographic information including 
Grantee name and address, contact information, etc.; (b) information 
specific to the equipment including FCC Identifier, equipment class, 
technical specifications, etc.; and (c) attachments that demonstrate 
compliance with FCC Rules that may include any combination of the 
following based on the applicable Rule parts for the equipment for 
which authorization is requested: (1) Identification of equipment (47 
CFR 2.925); (2) attestation statements that may be required for 
specific equipments; (3) external photos of the equipment for which 
authorization is requested; (4) block diagram of the device; (5) 
schematics; (6) test report; (7) test setup photos; (8) Users Manual; 
(9) Internal Photos; (10) Parts List/Tune Up Information; (11) RF 
Exposure Information; (12) Operational Description; (13) Cover Letters; 
and, (14) Software Defined Radio/Cognitive Radio Files.
    In general, an applicant's submission is as follows: (a) FCC Form 
731 includes approximately two pages covering the demographic and 
equipment identification information; and (b) applicants must supply 
additional documentation and other information, as described above, 
demonstrating conformance with FCC Rules, which may range from 100-
1,000 pages. The supplemental information is essential to control 
potential interference to radio communications, which the FCC may use, 
as is necessary, to investigate complaints of harmful interference. In 
response to new technologies and in allocating spectrum, the Commission 
may establish new technical operating standards: (a) RF equipment 
manufacturers must meet the new standards to receive an equipment 
authorization, and (b) RF equipment manufacturers must still comply 
with the Commission's requirements in FCC Form 731 and demonstrate 
compliance as required by 47 CFR part 2 of FCC Rules. Thus, this 
information collection applies to a variety of RF equipment: (a) That 
is currently manufactured, (b) that may be manufactured in the future, 
and (c) that operates under varying technical standards. On July 8, 
2004, the Commission adopted a Report and Order, Modification of Parts 
2 and 15 of the Commission's Rules for Unlicensed Devices and Equipment 
Approval, ET Docket No. 03-201, FCC 04-165. The change requires that 
all paper filings required in 47 CFR Sections 2.913, 2.926(c), 
2.929(c), and 2.929(d) of the rules are outdated and now must be filed 
electronically via the Internet on FCC Form 731. The Commission 
believes that electronic filing speeds up application processing and 
supports the Commission in further streamlining to reduce cost and 
increase efficiency. Information on the procedures for electronically 
filing equipment authorization applications can be obtained from the 
Commission's rules, and from the Internet at: http://transition.fcc.gov/oet/ea/ea-app-info.htm.
    On October 26, 2014, the Federal Communications Commission released 
a Report and Order, FCC 14-172, PS Docket 13-87, that modified Sections 
2.1033 and 90.548 of the rules and effectively required equipment 
manufacturers to demonstrate compliance with the Interoperability 
Technical Standards contained in Section 90.548 of the Commission's 
rules as a condition for FCC certification of equipment designed to 
operate on the 700 MHz narrowband interoperability channels. One method 
of demonstrating

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this requirement is documenting compliance with the Project 25 
Compliance Assessment Program (P25 CAP). CAP is a program that 
establishes an independent compliance assessment process to ensure that 
communications equipment conforms to Project 25 standards and is 
interoperable across vendors. Alternatively, a manufacturer may submit 
a document describing how it determined compliance with Section 90.548 
and that its equipment is interoperable across vendors.
    On August, 22, 2016, the Federal Communications Commission released 
an Order on Reconsideration, FCC 16-111, PS Docket No. 13-87 (see 
attached) that modified Part 2 and Part 90 of the Rules for equipment 
approval and Private Land Mobile Radio Services. See 81 FR 66830 (Sept. 
29, 2016). The amended rule requires all Wireless Communications 
Equipment Manufacturers who manufacture 700 MHz narrowband equipment 
capable of operating on the interoperability channels to demonstrate 
compliance with the Commission's Interoperability Technical Standards 
in 90.548. The Order on Reconsideration prescribes two methods for 
showing compliance with Section 90.548 after equipment authorization 
application approval and before the marketing and sale of equipment 
capable of operating on the 700 MHz narrowband interoperability 
channels. Specifically, the Commission modified Section 2.1033(c)(20) 
to provide that:

    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.

    The Commission also modified Section 90.548(c) of the Commission's 
rules to provide:

    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 Sec.  90.548.

    To effectively implement the provisions of the new Rules, no 
modifications to the existing FCC Form 731 Application for Equipment 
Authorization are required. The changes are intended to simplify the 
filing process, ensure equipment complies with Project 25 standards and 
is interoperable across vendors. The following specific methods are 
proposed to ensure compliance with Section 90.548 and simplify filing 
processes for equipment manufacturers:

    (1) The Order on Reconsideration establishes that before the 
marketing or sale of equipment designed to operate on the 700 MHz 
narrowband interoperability channels, manufacturers 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 and that the equipment is interoperable across vendors. OMB 
has approved the information collections associated with P25 CAP 
compliance under OMB Control No. 1640-0015.\1\
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    \1\ Congressional direction for a P25 compliance assessment 
program can be found in the COPS Law Enforcement Technologies and 
Interoperable Communications Program section of the Conference 
Report to Public Law 109-148, as well as the Science & Technology 
Management and Administration section of Division E of the 
Conference Report to Public Law 110-161.
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    (2) 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 Sec.  
90.548.

    The modified rules provide a benefit to public safety licensees by 
ensuring that only equipment that has been tested for interoperability 
in a vendor-neutral environment before equipment can be marketed or 
sold to public safety. This will provide the additional benefit of 
engendering competition in the public safety equipment marketplace by 
eliminating system compatibility as a gating factor when evaluating 
equipment purchases. The Order on Reconsideration reduces the burden on 
equipment manufacturers by allowing them to meet this standard by 
demonstrating compliance with the P25 CAP or manufacturers' 
interoperability testing protocol. Compliance with the P25 CAP program 
is already a requisite for grant eligibility and agency purchasing 
standards, consequently any new burden imposed by this requirement 
would be minimal.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2016-25714 Filed 10-24-16; 8:45 am]
 BILLING CODE 6712-01-P