[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30364-30368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13859]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 90

[PS Docket Nos. 13-87, 06-229; WT Docket No. 96-86, RM-11433, 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 document, the Federal Communications Commission 
(Commission) amends the Commission's rules to promote spectrum 
efficiency, interoperability, and flexibility in 700 MHz public safety 
narrowband (769-775/799-805 MHz).

DATES: Effective July 30, 2018.

FOR FURTHER INFORMATION CONTACT: John A. 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 Second 
Report and Order on Reconsideration in PS Docket No. 13-87, FCC 18-11, 
released on February 12, 2018, and corrected by Erratum released on May 
10, 2018. 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).

Synopsis

    In this Second Report and Order, the Commission amends and 
clarifies the Commission's 700 MHz narrowband (769-775/799-805 MHz) 
interoperability and technical rules. Specifically, this Second Report 
and Order (1) amends and clarifies the rules to exempt 700 MHz low-
power Vehicular Repeater Systems (VRS) from the 700 MHz trunking 
requirements; (2) amends the rules to ensure that 700 MHz public safety 
licensees receive information on the basis of vendor assertions that 
equipment is interoperable across vendors and complies with Project 25 
(P25) standards; and (3) amends the rules to require that all 
narrowband mobile and portable 700 MHz public safety radios, as 
supplied to the ultimate user, must be capable of operating on all of 
the narrowband nationwide interoperability channels without addition of 
hardware, firmware, or software, and must be interoperable across 
vendors and operate in conformance with P25 standards.
    In the companion Order on Reconsideration, the Commission addresses 
the Petition for Partial Reconsideration filed by Motorola Solutions, 
Inc. (Motorola), which requested that the Commission postpone the 
effective date of certain previously adopted rules (i.e. 47 CFR 
Sections 2.1033(c) and 90.548(c)) until complementary proposals that 
were the subject of the Further Notice of Proposed Rulemaking in this 
proceeding are resolved. As requested by Motorola, we adopt a uniform 
effective date for the rules that were the subject of the Motorola 
Petition for Partial Reconsideration and the rules newly adopted in 
this Second Report and Order.

Procedural Matters

    The Final Regulatory Flexibility Analysis required by section 604 
of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix A of the Second Report and Order and Order on Reconsideration.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Further Notice of Proposed Rule Making (FNPRM) in 
PS Docket No. 13-87 released on August 22, 2016. See 81 FR 65984 
(2016). The Commission sought written public comment on proposals in 
the FNPRM, including comments on the IRFA. No comments were filed 
addressing the IRFA. The present Final Regulatory Flexibility Analysis 
(FRFA) conforms to the RFA.

Need for, and Objectives of, the Final Rules

    In the Second Report and Order in this proceeding, we amend the 
interoperability and technical rules governing 700 MHz public safety 
narrowband spectrum (769-775 MHz and 799-805 MHz). The rule changes 
promote interoperable and efficient use of 700 MHz public safety 
narrowband spectrum while reducing the regulatory burdens on public 
safety entities, manufacturers and other stakeholders wherever 
possible. In order to achieve these objectives, we revise the rules to 
exempt low power vehicular repeater

[[Page 30365]]

systems (VRS) from the narrowband trunking requirements. Exempting low 
power VRS from the trunking requirements will facilitate rapid 
deployment of such systems as well as reduce compliance burdens on 
public safety entities that currently lack access to trunked equipment. 
We also amend the rule to clarify that the trunking requirement applies 
to fixed infrastructure.
    We adopt a list of feature sets and capabilities that must be 
tested 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 promotes 
certainty for public safety and manufacturers and promotes competition 
in the public safety equipment market.
    We amend the rules concerning the requirement that 700 MHz radios 
be capable of being programmed to operate on the designated 700 MHz 
narrowband interoperability channels. Clarification provides greater 
certainty to equipment manufacturers on the required performance of 
their equipment.

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

    There were no comments filed that specifically addressed the rules 
and policies proposed in the IRFA.

Response to Comments by Chief Counsel for Advocacy of the Small 
Business Administration

    Pursuant to the Small Business Jobs Act of 2010, which amended the 
RFA, the Commission is required to respond to any comments filed by the 
Chief Counsel for Advocacy of the Small Business Administration (SBA), 
and to provide a detailed statement of any change made to the proposed 
rules as a result of those comments.
    The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
Final 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 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.'' 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 
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. 
Because of the vast array of public safety licensees, the Commission 
has not developed a small business size standard specifically 
applicable to public safety licensees. The closest applicable SBA 
category is Wireless Telecommunications Carriers (except Satellite) 
which encompasses business entities engaged in radiotelephone 
communications. The appropriate size standard for this category under 
SBA rules is that such a business is small if it has 1,500 or fewer 
employees. For this industry, U.S. Census data for 2012 show that there 
were 967 firms that operated for the entire year. Of this total, 955 
firms had employment of 999 or fewer employees and 12 had employment of 
1,000 employees or more. Thus under this category and the associated 
size standard, the Commission estimates that the majority of wireless 
telecommunications carriers (except satellite) are small entities. With 
respect to local governments, in particular, since many governmental 
entities comprise the licensees for these services, we include under 
public safety services the number of government entities affected. 
According to Commission records, there are a total of approximately 
133,870 licenses within these services. There are 1,476 licenses in the 
700 MHz band, based on an FCC Universal Licensing System search of May 
25, 2017. Public Safety Radio licensees are not required to disclose 
information about number of employees, therefore the Commission does 
not have information that could be used to determine how many Public 
Safety Radio licensees constitute small entities under this definition. 
Nevertheless, we estimate that fewer than 486 public safety radio 
licensees hold these licenses because certain entities may have 
multiple licenses.
    Wireless Telecommunications Carriers (except Satellite). This 
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 services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census data for 2012 show that there were 967 firms that operated for 
the entire year. Of this total, 955 firms had employment of 999 or 
fewer employees and 12 had employment of 1,000 employees or more. Thus 
under this category and the associated size standard, the Commission 
estimates that the majority of wireless telecommunications carriers 
(except satellite) are small entities.
    The Commission's own data--available in its Universal Licensing 
System--indicate that, as of October 25, 2016, there are 280 Cellular 
licensees that will be affected by our actions today. The Commission 
does not know how many of these licensees are small, as the Commission 
does not collect that information for these types of entities. 
Similarly, according to internally developed Commission data, 413 
carriers reported that they were engaged in the provision of wireless 
telephony, including cellular service, Personal Communications Service, 
and Specialized Mobile Radio Telephony services. Of this total, an 
estimated 261 have 1,500 or fewer employees, and 152 have more than 
1,500 employees. Thus, using available data, we estimate that the 
majority of wireless firms can be considered small.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises 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 Small Business Administration has 
established a size standard for this industry of 750 employees or 
fewer. U.S. Census data for 2012 show that 841 establishments operated 
in this industry in that year. Of that number, 828 establishments 
operated with fewer than 1,000 employees, 7 establishments operated 
with between 1,000 and 2,499 employees and 6 establishments operated 
with 2,500 or more employees. Based on this data, we conclude that a 
majority of manufacturers in this industry is small.

[[Page 30366]]

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The rules adopted in the Second Report and Order will not entail 
additional reporting, recordkeeping, and/or third-party consultation 
for small entities to comply.

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 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 Second Report and Order changes the interoperability and 
technical rules covering operation of public safety systems on 
narrowband spectrum in the 700 MHz band. Specifically, the Second 
Report and Order amends Section 90.537 of the Commission's rules to 
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 spectrum efficiency and operational needs as 
well as avoid unnecessary costs to public safety, the Second Report and 
Order exempts low power vehicular repeaters from the 700 MHz narrowband 
trunking requirements and clarifies that the trunking requirement 
applies to individual transmitter sites.
    The Second Report and Order maximizes 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 should be tested in order to 
promote interoperability across vendors and between users. Thus, it 
would be beneficial to incorporate into our rules specific feature sets 
and capabilities that must be tested for radios designed to operate on 
the 700 MHz narrowband interoperability channels. To minimize burdens, 
the Second Report and Order clarifies that manufacturers may employ 
their own testing protocol, declines to require manufacturers to test 
non-voice features and capabilities, and refrains from imposing new 
reporting and record keeping requirements on stakeholders.
    Finally, the Second Report and Order amends the rules concerning 
the requirement that 700 MHz radios be capable of being programmed to 
operate on the designated interoperability channels. Amendment provides 
greater certainty to equipment manufacturers on the required 
performance of their equipment. Amending the rule obviates the need for 
imposing new requirements on public safety and manufacturers.

Report to Congress

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

Paperwork Reduction Act of 1995 Analysis

    This document does not contain new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13.

Congressional Review Act

    The Commission will send a copy of this Second Report and Order and 
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).

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, and 337 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 303, 316, 332, and 337, this Second Report and 
Order is hereby adopted.
    It is further ordered that Sec. Sec.  2.1033(c)(20), 90.537, 90.547 
and 90.548 of the Commission's rules, 47 CFR 2.1033(c)(20), 90.537, 
90.547, and 90.548, are amended as set forth in Appendix B. The 
amendments to Sec. Sec.  2.1033(c)(20), 90.537, 90.547 and 90.548 of 
the Commission's rules, 47 CFR 2.1033(c)(20), 90.537, 90.547 and 
90.548, shall become effective thirty days after publication of this 
Second Report and Order in the Federal Register.
    It is further ordered that the Petition for Clarification of 
Motorola Solutions, Inc. filed March 1, 2016, is granted, to the extent 
discussed in this Second Report and Order.
    It is further ordered, pursuant to sections 4(i), and 405 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 405(a), 
and Sec.  1.429 of the Commission's rules, 47 CFR 1.429, that the 
Petition for Partial Reconsideration filed October 31, 2016, by 
Motorola Solutions, Inc. is granted to the extent discussed in this 
Second Report and Order and Order on Reconsideration.
    It is further ordered, that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    It is further ordered that the Commission shall send a copy of this 
Second Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Parts 2 and 90

    Radio.


Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    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, 302, 303, 307, 336, and 337, unless 
otherwise noted.


[[Page 30367]]



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 Compliance 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 SERVICE

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


Sec.  90.537   Trunking requirement.

    (a) General use and State License channels. All fixed transmitter 
sites using six or more narrowband channels in the 769-775 MHz and 799-
805 MHz frequency bands must be trunked, except for those described in 
paragraph (b) of this section. This paragraph does not apply to 
Vehicular Repeater Systems (MO3) authorized on the General Use and 
State License channels listed in Sec.  90.531(b).
* * * * *

0
5. Section 90.547 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  90.547   Narrowband Interoperability channel capability 
requirement.

    (a) Except as noted in this section, mobile and portable 
transmitters operating on narrowband channels in the 769-775 MHz and 
799-805 MHz frequency bands must be capable of operating on all of the 
designated nationwide narrowband Interoperability channels pursuant to 
the standards specified in this part. Provided, however, that the 
licensee need not program such transmitters to make all 
interoperability channels accessible to the end user.
* * * * *

0
6. Section 90.548 is amended by revising paragraph (c) and adding 
paragraph (d) to read as follows:


Sec.  90.548   Interoperability Technical Standards.

* * * * *
    (c) Transceivers capable of operating on the narrowband 
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.
    (d) Transceivers capable of conventional operations on the 
narrowband Interoperability channels listed in Sec.  90.531(b)(1) must, 
at a minimum, include the following feature sets and capabilities while 
operating in the conventional mode to be validated for compliance with 
the Project 25 standards consistent with Sec.  2.1033(c)(20) of this 
chapter and paragraph (c) of this section.
    (1) A subscriber unit must be capable of issuing group calls in a 
conventional system in conformance with the following standards: TIA 
102.BAAD-B Conventional Procedures (2015), Section 6.1 with validation 
testing according to TIA-102.CABA Interoperability Testing for Voice 
Operation in Conventional Systems (2010), Test Case 2.2.2.4.1, and Test 
Case 2.4.2.4.1.
    (2) Two Project 25 standard squelch modes, Monitor Squelch and 
Normal Squelch, must be supported in conformance with the following 
standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 
6.1.1.3 with validation testing according to TIA-102.CABA Conventional 
Interoperability Testing for Voice Operation in Conventional Systems 
(2010), Test Case 2.2.3.4.1, Test Case 2.2.1.4.1 (Direct, normal 
squelch), Test Case 2.4.9.4.1 (Repeated, monitor squelch), and Test 
Case 2.4.1.4.1 (Repeated, normal squelch).
    (3) A subscriber unit must properly implement conventional network 
access codes values (NAC) of $293 and $F7E in conformance with the 
following standards: TIA-102.BAAC-C Common Air Interface Reserved 
Values (2011), Section 2.1 with validation testing according to TIA-
102.CABA Interoperability Testing for Voice Operation in Conventional 
Systems (2010), Test Case 2.2.1.4.1 and Test Case 2.2.8.4.1.
    (4) 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 standards: TIA 102.BAAD-B Conventional Procedures 
(2015), Section 2.5 with validation testing according to TIA-102.CABA 
Interoperability Testing for Voice Operation in Conventional Systems 
(2010), Test Case 2.4.1.4.1, and Test Case 2.4.2.4.1.
    (5) 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 standards: TIA 102.BAAD-B Conventional Procedures 
(2015), Section 2.5 with validation testing according to TIA-102.CABA 
Interoperability Testing for Voice Operation in Conventional Systems 
(2010), Test Case 2.4.3.4.1 and Test Case 2.4.4.4.1.
    (6) 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 102.BAAD-B 
Conventional Procedures (2015), Section 2.5 with validation testing 
according to TIA-102.CABA Interoperability Testing for Voice Operation 
in Conventional Systems (2010), Test Case 2.4.1.4.1, and Test Case 
2.4.2.4.1.
    (7) A fixed conventional repeater must be able to support the 
correct implementation of network access code (NAC) values $F7E and 
$F7F in conformance with the following standards: TIA 102.BAAD-B

[[Page 30368]]

Conventional Procedures (2015), Section 2.5 with validation testing 
according to TIA-102.CABA Interoperability Testing for Voice Operation 
in Conventional Systems (2010), Test Case 2.4.5.4.1, Test Case 
2.4.6.4.1, and Test Case 2.4.7.4.1.

[FR Doc. 2018-13859 Filed 6-27-18; 8:45 am]
 BILLING CODE 6712-01-P