[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17088-17091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08031]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 10-4; FCC 18-35]


Improvement of Wireless Coverage Through the Use of Signal 
Boosters

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission takes 
further steps to expand access to signal boosters by removing the 
personal use restriction on Provider-Specific Consumer Signal Boosters, 
thereby allowing small businesses, public safety entities, and other 
organizations to take advantage of the signal boosters' benefits. 
Specifically, whereas the existing rules restricted Provider-Specific 
Consumer Signal Boosters to personal use, the Commission will now 
permit any subscriber--an individual or a non-individual--with a proper 
registration to use these boosters. This approach will have cognizable 
public interest benefits by permitting more entities to take advantage 
of the recognized benefits of Provider-Specific Consumer Signal 
Boosters.

DATES: Effective May 18, 2018.

FOR FURTHER INFORMATION CONTACT: Amanda Huetinck at 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-7090.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order (Second Report and Order) in WT Docket No. 10-4, FCC 
18-35, released on March 23, 2018. The complete text of the Second 
Report and Order, including all Appendices, is available for inspection 
and copying during normal business hours in the FCC Reference Center, 
445 12th Street SW, Room CY-A157, Washington, DC 20554, or by 
downloading the text from the Commission's website at https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-35A1.pdf.
    Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    The Commission will send a copy of the Second Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

I. Second Report and Order

    1. The Commission's Consumer Signal Booster rules, adopted in a 
2013 Report and Order (WT Docket No. 10-4) (Report and Order), 78 FR 
21555, Apr. 11, 2013, appear to have achieved the Commission's goals of 
expanding Americans' access to well-designed boosters that do not harm 
wireless providers' networks. The rules adopted in the Report and 
Order, however, were conservatively designed and tailored to meet the 
needs of individual consumers. Given the record developed in the 
proceeding, the Commission finds that it can expand the availability of 
Consumer Signal Boosters without creating a risk of unacceptable 
interference. Accordingly, in its Second Report and Order, the 
Commission further expands access to signal boosters by eliminating a 
restriction on their use that the Commission now finds unnecessary. 
Specifically, based on the record before it, the Commission removes the 
personal use restriction on the operation of Provider-Specific Consumer 
Signal Boosters so that small businesses, public safety entities, and 
other organizations also may take full

[[Page 17089]]

advantage of these boosters to improve their access to quality wireless 
coverage. In an accompanying Second Further Notice of Proposed 
Rulemaking, published elsewhere in this issue of the Federal Register, 
the Commission proposes to remove the personal use restriction for 
Wideband Consumer Signal Boosters as well.
    2. The Commission in the Report and Order required that prior to 
operating a Consumer Signal Booster, the subscriber, inter alia, must 
(1) obtain the consent of the licensee providing service to the 
subscriber, and (2) register the booster with the licensee providing 
service to the subscriber. These requirements help ensure that wireless 
providers retain sufficient control over signal boosters to avoid a 
violation of Section 310(d) of the Communications Act and are key 
components to the success of the Consumer Signal Booster regulatory 
regime. Coupled with Sec.  20.21(e)'s Network Protection Standard 
(NPS), these requirements have ensured that signal boosters are 
effective at improving signal coverage without causing harmful 
interference to wireless networks.
    3. The Commission originally included the personal use restriction 
on Consumer Signal Booster operation and use in the expectation that it 
would help support a streamlined process for meeting the consent and 
registration requirements. In particular, by restricting operation to 
the subscriber's personal use, the Commission ensured that consumers 
need only obtain consent from and register their devices with the 
wireless provider to which they subscribe. For example, if a subscriber 
plans to use his booster with only his own provider for his own 
personal use, he would need only register with that provider. Or, if he 
and a housemate plan to use the same booster with two different 
wireless providers (his provider and the housemate's different 
provider), each would need to register with his own provider.
    4. In a Further Notice of Proposed Rulemaking released on September 
23, 2014 (WT Docket No. 10-4) (Further NPRM), 79 FR 70837, Nov. 28, 
2014, the Commission explained that, because a Provider-Specific 
Consumer Signal Booster operates only on a single wireless provider's 
spectrum, once the subscriber has obtained provider consent to use the 
signal booster, any transmission from the signal booster would be 
authorized. The Commission therefore questioned whether the personal 
use restriction remains necessary for Provider-Specific Consumer Signal 
Boosters. The Further NPRM specifically asked whether the Commission 
should eliminate the personal use restriction for Provider-Specific 
Consumer Signal Boosters, and it sought comment on several related 
questions. Commenters responding to the Further NPRM overwhelmingly 
supported elimination of the personal use restriction for Provider-
Specific Consumer Signal Boosters.
    5. As described below, the Commission finds that the personal use 
restriction on Provider-Specific Consumer Signal Boosters is 
unnecessary and that removing it is in the public interest. The 
Commission therefore amends Sec.  20.21 to remove this restriction. The 
action the Commission takes will expand access to signal boosters for 
small businesses, public safety entities using subscriber-based 
services in support of their operations, and other organizations, 
furthering the goals the Commission first set out to achieve in the 
Report and Order. When these rule changes take effect, once a 
subscriber--whether an individual or a non-individual--properly 
registers its Provider-Specific Consumer Signal Booster with its 
provider, anyone who subscribes to that provider also may use the 
device. For example, if a small business owner registers her Provider-
Specific Consumer Signal Booster with and receives the consent of her 
wireless provider, any employees or customers who subscribe to that 
same provider would then be free to use that booster without 
registering. The Commission reiterates that the registering subscriber 
is an ``operator'' under its rules and as such must adhere to the 
requirements of its rules.
    6. In adopting this change, the Commission concludes that the 
personal use restriction on Provider-Specific Consumer Signal Boosters 
is not needed to prevent unauthorized operation of these boosters or to 
ensure compliance with its signal booster rules. As stated in the 
Further NPRM and explained above, the fact that a subscriber must 
register his Provider-Specific Consumer Signal Booster with his 
provider renders the personal use restriction unnecessarily 
restrictive. As Nextivity points out, ``[a]s required by the 
Commission's rules and implemented in the equipment certification 
process, Provider-Specific Consumer Signal Boosters can only be used 
with an appropriate carrier registration and therefore the carrier 
always retains control over the Provider-Specific Consumer Signal 
Booster. . . . In no instance can a Provider-Specific Consumer Signal 
Booster be used to operate on spectrum without the carrier's consent.''
    7. In addition to concluding that the personal use restriction on 
Provider-Specific Consumer Signal Boosters is unnecessary, the 
Commission also finds that modifying its rules as described in its 
Second Report and Order will affirmatively further the public interest. 
As T-Mobile explains, ``[t]here are numerous practical considerations 
that favor the use of a provider-specific consumer booster in a non-
personal use setting. For example, a small business may need to install 
a booster to improve signal strength within its office.'' The inclusion 
of the personal use restriction on Provider-Specific Consumer Signal 
Boosters, however, prevents such use and blocks whole segments of the 
public--e.g., small businesses, institutions of higher education, 
office parks, factories, warehouses, and government buildings--from 
taking advantage of the boosters' benefits. As T-Mobile also notes, 
``[t]he only options available to such [small businesses and others] 
would be to deploy an industrial signal booster, switch carriers, or 
continue to endure indoor coverage issues.'' The Commission also agrees 
with Nextivity that retaining the restriction on Provider-Specific 
Consumer Signal Boosters ``denies a significant segment of the American 
business sector from fully participating in the nation's wireless 
transformation. Further, the prohibition disproportionality penalizes 
small business users in rural and edge areas and dense indoor urban 
environments where wireless coverage often is especially challenged.''
    8. Accordingly, based on the record before it, the Commission 
eliminates the personal use restriction on Provider-Specific Consumer 
Signal Boosters. Not only is this restriction unnecessary, but its 
removal will have cognizable public interest benefits by permitting 
more entities to take advantage of the recognized benefits of Provider-
Specific Consumer Signal Boosters.

II. Procedural Matters

A. Paperwork Reduction Act Certification

    9. The Second Report and Order does not contain new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. In addition, the Second Report 
and Order does not contain any new or modified information collection 
burdens 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). The Final Regulatory

[[Page 17090]]

Flexibility Certification (FRFC) is in Appendix C of the Second Report 
and Order.

B. Congressional Review Act

    10. The Commission will send a copy of the Second Report and Order 
to Congress and the Government Accountability Office pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Second Report and Order, including the FRFA, to the Chief 
Counsel for Advocacy of the SBA (5 U.S.C. 603(a)).

C. Final Regulatory Flexibility Analysis

    11. The Regulatory Flexibility Act of 1980 (RFA) requires that an 
agency prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' Accordingly, the Commission has prepared a FRFC, 
set forth in Appendix C of the Second Report and Order, concerning the 
possible impact of the rule changes.

D. Ex Parte Presentations

    12. This proceeding shall continue to 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 rule 1.1206(b). In proceedings governed by 
rule 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 Commission's Electronic Comment Filing System 
(ECFS) 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.
    13. 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).

III. Ordering Clauses

    14. Accordingly, it is ordered, pursuant to Sections 1, 4(i), 4(j), 
7, 301, 302, and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 154(j), 157, 301, 302, and 303, that the Second 
Report and Order in WT Docket No. 10-4 is adopted.
    15. It is further ordered that part 20 of the Commission's rules, 
47 CFR part 20, is amended as specified in Appendix A of the Second 
Report and Order.
    16. It is further ordered that the adopted rules will become 
effective 30 days after the date of publication in the Federal 
Register.
    17. It is further ordered that, pursuant to Section 801(a)(1)(A) of 
the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission 
shall send a copy of the Second Report and Order to Congress and to the 
Government Accountability Office.
    18. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

List of Subjects in 47 CFR Part 20

    Communications common carriers, Communications equipment, Radio.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE SERVICES

0
1. The authority citation for part 20 continues to read as follows:

    Authority: 47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless 
otherwise noted.

0
2. Amend Sec.  20.3 by revising the definition of Consumer Signal 
Booster to read as follows:


Sec.  20.3   Definitions.

* * * * *
    Consumer Signal Booster. A bi-directional signal booster that is 
marketed and sold for use without modification.
* * * * *

0
3. Amend Sec.  20.21 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing ``and'' from the end of paragraph (a)(5);
0
c. Removing the period at the end of paragraph (a)(6) and adding ``; 
and'' in its place;
0
d. Adding paragraph (a)(7); and
0
e. Revising paragraph (g).
    The revisions and addition read as follows:


Sec.  20.21   Signal boosters.

    (a) Operation of Consumer Signal Boosters. A subscriber in good 
standing of a commercial mobile radio service system may operate a 
Consumer Signal Booster under the authorization held by the licensee 
providing service to the subscriber provided that the subscriber 
complies with paragraphs (a)(1) through (7) of this section. Failure to 
comply with all applicable rules in this section and all applicable 
technical rules for the frequency band(s) of operation voids the 
authority to operate the Consumer Signal Booster.
* * * * *
    (7) If operating a Wideband Consumer Signal Booster, the subscriber 
operates it only for personal use.
* * * * *
    (g) Marketing and sale of signal boosters. Except as provided in 
Sec.  2.803 of this chapter, no person, manufacturer, distributor, or 
retailer may market (as defined in Sec.  2.803 of this chapter) any 
Consumer Signal Booster that does not comply with the requirements of 
this section to any person in the United States or to any person 
intending to operate the Consumer Signal Booster within the United 
States. Wideband Consumer

[[Page 17091]]

Signal Boosters may only be sold to members of the general public for 
their personal use.
* * * * *
[FR Doc. 2018-08031 Filed 4-17-18; 8:45 am]
 BILLING CODE 6712-01-P