[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53563-53566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19399]



[[Page 53563]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 95

[WT Docket No. 10-119; FCC 21-90; FRS 45644]


Review of the Commission's Personal Radio Services Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) addresses three petitions for reconsideration of the 2017 
Report and Order in this proceeding, which reorganized and updated the 
Personal Radio Services rules. Cobra Electronics Corporation (Cobra), 
Motorola Solutions, Inc. (Motorola), and Medtronic, Inc. (Medtronic) 
each filed a petition for reconsideration of particular aspects of the 
Report and Order regarding specific services. In the Memorandum Opinion 
and Order on Reconsideration, the Commission finds that the public 
interest will be served by granting the petitions and making some 
additional rule corrections.

DATES: Effective date: October 28, 2021.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Thomas Derenge of the Wireless 
Telecommunications Bureau, Mobility Division, at (202) 418-2451 or 
[email protected], or Melissa Conway of the Wireless 
Telecommunications Bureau, Mobility Division, at (202) 418-2887 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order on Reconsideration in WT Docket No. 10-
119, FCC 21-90, adopted August 3, 2021, and released August 4, 2021. 
The full text of the Memorandum Opinion and Order on Reconsideration, 
including all Appendices, is available for inspection and copying 
during normal business hours in the FCC Reference Center, 45 L Street 
NE, Washington, DC 20554, or available for viewing via the Commission's 
ECFS website by entering the docket number, WT Docket No. 10-119. 
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 Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
    The Commission will send a copy of this Memorandum Opinion and 
Order on Reconsideration 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).

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act 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.'' In the 2017 Report and Order in this proceeding, the 
Commission determined that the reorganization of Part 95 and 
substantive changes made to rules governing certain services would not 
have a significant economic impact on a substantial number of small 
entities and included a Final Regulatory Flexibility Certification 
(FRFC) in the Report and Order which is subject to review in this 
Memorandum Opinion and Order on Reconsideration. No comments or 
petitions for reconsideration were received on the FRFC. The 
Commission's actions in this Memorandum Opinion and Order on 
Reconsideration will not have a significant economic impact on a 
substantial number of small entities. Therefore, the Commission 
certifies that the requirements of this Memorandum Opinion and Order on 
Reconsideration will not have a significant economic impact on a 
substantial number of small entities.

Paperwork Reduction Act

    This Memorandum Opinion and Order on Reconsideration does not 
contain any new or modified information collection requirements subject 
to the Paperwork Reduction Act of 1985, 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.

Congressional Review Act

    The Commission will send a copy of this Memorandum Opinion and 
Order on Reconsideration, including the Supplemental Final Regulatory 
Flexibility Certification, to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act. See 5 
U.S.C. 801(a)(1)(A). In addition, the Commission will send a copy of 
this Memorandum Opinion and Order on Reconsideration, including the 
Supplemental Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

Synopsis

    1. Cobra Petition. CB Radio Service is a mobile and fixed two-way 
voice communications service for facilitating personal, business, or 
voluntary public service activities, including communications to 
provide assistance to highway travelers. Cobra's petition requests that 
the Commission permit Frequency Modulation (FM) operation as part of an 
optional dual modulation scheme for CB radios (i.e., a CB radio could 
have both Amplitude Modulation (AM) and FM capability). Cobra and 
others suggest that an FM option will benefit the CB radio user--both 
professional and recreational--in that it will provide better quality 
and clarity of communications.
    2. The Commission concludes that allowing manufacturers to add FM 
as an optional modulation scheme will not substantially change the 
fundamental nature of the CB Radio Service and will improve the user 
experience. Continuing to mandate AM capability while permitting dual 
modulation will provide benefits to CB radio users who will have an 
additional modulation option, while maintaining the basic character of 
the service. The addition of FM as a permitted mode will not result in 
additional interference because users who hear unintelligible audio on 
a particular channel can simply select another channel or switch modes.
    3. The Commission grants the Cobra Petition to the extent described 
in the Memorandum Opinion and Order on Reconsideration. Specifically, 
the Commission amends Section 95.971(a) of the Commission's rules to 
permit CB Radio Service transmitters to transmit FM voice emissions 
along with AM. The Commission notes that AM and FM operations are 
permitted in other Part 95 services under similar technical parameters, 
so the Commission generally applies the technical rules to FM signals 
as currently apply to AM signals for the CB Radio Service. In the case 
of peak frequency deviation, however, the Commission adopts a limit of 
2 kHz due to the 10 kHz channel spacing and 8 kHz occupied 
bandwidth maximum in the CB Radio Service. Although this specific limit 
differs from those established in other Part 95 services (e.g., 5 kHz for 20 kHz channel bandwidth and 2.5 kHz for 
12.5 kHz channel bandwidth in both General Mobile Radio Service (GMRS) 
and Multi-Use Radio Service (MURS)), it is consistent across Part 95 
services

[[Page 53564]]

considering the respective occupied bandwidths. The Commission also 
finds it appropriate to use the common FM emission designator used for 
Part 95 GMRS and MURS for FM CB Radio Service. These technical rules 
are implemented through the amendment of Sections 95.967, 95.971, 
95.973, 95.975, and 95.979 of the Commission's rules to reflect the 
addition of FM as an optional additional mode of transmission. The 
Commission notes that parties planning to incorporate the FM mode into 
CB radios will have to obtain a valid grant of certification under the 
Commission's equipment authorization rules.
    4. Motorola Petition. GMRS is a mobile two-way voice communications 
service, with limited data applications, for facilitating activities of 
individual licensees and their family members, including communications 
during emergencies and natural disasters. Similarly, Family Radio 
Service (FRS) is a very short-distance, two-way voice communications 
service, with limited data applications, between low-power hand-held 
radios, for facilitating individual, family, group, recreational, and 
business activities. GMRS and FRS co-exist on the same frequencies, 
except for the GMRS 467 MHz main channels. In its petition, Motorola 
seeks reconsideration of the Commission's decision in the 2017 Report 
and Order not to permit automatic or periodic location and data 
transmissions. It seeks harmonized rule amendments for both the GMRS 
and FRS, since the two services coexist on the same frequencies. 
Motorola argues that automatic transmissions should be allowed because 
almost all of the reasons that support permitting manual data 
transmissions apply equally to transmissions initiated automatically, 
except for how frequently a user could transmit the data information. 
Members of the GMRS community support Motorola's suggestion to permit 
automatic or periodic location and data transmissions. Motorola 
contends that allowing automatic data transmissions is in the public 
interest and will enhance public safety. Motorola explains that 
automatic location transmissions will provide tracking capabilities for 
individuals in remote areas where these expanded capabilities will aid 
search and rescue missions.
    5. The Commission concludes that the public interest will be 
furthered by allowing automatic or periodic location and data 
transmission on all GMRS channels. Automatic or periodic location and 
data transmissions will be subject to the same technical limitations as 
manual data transmissions. Automatic or periodic transmissions will be 
limited to no more than once every 30 seconds and no more than one 
second in duration. Consistent with the Commission's approach to 
treating GMRS and FRS similarly with regard to digital data 
transmissions, the Commission amends its rules to permit automatic or 
periodic location and data transmissions for both GMRS and FRS. Indeed, 
because FRS operates on channels shared with GMRS, automatic or 
periodic location and data transmissions would be permitted on those 
channels even if we did not amend the FRS rules.
    6. The Commission finds that the public interest will be furthered 
by granting the Motorola Petition to the extent described in the 
Memorandum Opinion and Order on Reconsideration. Specifically, the 
Commission amends Sections 95.531, 95.587, and 95.1787 of its rules to 
permit FRS and GMRS units to transmit location and data information 
automatically or periodically, subject to the same restrictions as are 
currently in place for manual data transmissions. The Commission also 
corrects a typographical error in the GMRS frequency listings in 
Section 95.1763(d) as adopted in the 2017 Report and Order by 
correcting the erroneous entry for 467.5675 MHz to refer to 467.5625 
MHz.
    7. Medtronic Petition. Medtronic points out in its petition that 
several rule revisions in the 2017 Report and Order meant to be 
``ministerial'' inadvertently may have modified the existing MedRadio 
Service rules. Medtronic requests that the Commission revise certain 
rules to fix the inadvertent substantive changes and correct 
typographical errors.
    8. The Commission grants the Medtronic Petition and amends the 
rules as requested, with a few modifications, to undo inadvertent 
changes to the MedRadio Service rules. First, Medtronic points out that 
the new version of Section 95.303 defines the ``authorized bandwidth'' 
for Part 95 services in terms of ``occupied bandwidth,'' but the 
flexible rules applicable to the MedRadio Service do not require the 
measurement of occupied bandwidth. The Commission resolves this 
inconsistency by amending the MedRadio rules to remove the incompatible 
``authorized bandwidth'' concept. Specifically, the Commission amends 
Section 95.2573 to clarify that the emission bandwidth definition in 
Section 95.2503 should be used for the MedRadio Service and make other 
conforming edits to indicate the channelization flexibility up to the 
bandwidth limits outlined in Section 95.2573. Further, the Commission 
amends Section 95.2579 to remove the use of the term ``occupied 
bandwidth,'' which has a specific definition in Section 95.303, and 
instead refer to the ``MedRadio channel the transmission is intended to 
occupy'' in order to make the language consistent with similar language 
in other MedRadio Service rules. These changes will remove the use of 
similar yet incompatible terms from the MedRadio rules. The Commission 
accepts Medtronic's suggested changes to Sections 95.2557(b), (c) and 
95.2559(a)(6) because it agrees they return the rules back to their 
original intent. Further, the Commission corrects certain typographical 
errors, as suggested by Medtronic and on its own motion, in Sections 
95.2503, 95.2509(e)(2), 95.2533(e)(2), and 95.2559(f) of the MedRadio 
Service rules.
    9. Finally, the Commission clarifies the language in Section 
95.2569(c) to remove incorrect terminology regarding ``SAR Measurement 
techniques'' and return the rule to be closer to its previous language. 
Section 95.2569(c) is designed to address the measurement of field 
strength and radiated power of devices that are implanted within a 
body. SAR measurements, by contrast, are used in connection with the 
evaluation of radiofrequency exposure and are already addressed in 
Section 95.2585. Because the original language and measurement guidance 
accurately described in-body simulations, the Commission corrects 
Section 95.2569(c) to refer to the ``dielectric parameters for the 
tissue-equivalent material'' with regard to measuring energy emitted 
from implanted devices.

List of Subjects in 47 CFR Part 95

    Communications, Radio equipment.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    The Federal Communications Commission amends part 95 of Title 47 of 
the Code of Federal Regulations (CFR) as set forth below:

PART 95--PERSONAL RADIO SERVICES

0
1. The authority citation for part 95 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307.


0
2. Section 95.531 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.531  Permissible FRS uses.

* * * * *

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    (a) Digital data. In addition to voice conversations, FRS units may 
transmit digital data containing location information, or requesting 
location information from one or more other FRS or GMRS units, or 
containing a brief text message to another specific GMRS or FRS unit. 
Digital data transmissions may be initiated by a manual action of the 
operator or on an automatic or periodic basis, and a FRS unit receiving 
an interrogation request may automatically respond with its location. 
See also Sec.  95.587(c).
* * * * *

0
3. Section 95.587 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  95.587   FRS additional requirements.

* * * * *
    (c) * * *
    (2) Digital data transmissions may be initiated by a manual action 
or command of the operator or on an automatic or periodic basis, and 
FRS units may be designed to automatically respond with location data 
upon receiving an interrogation request from another FRS unit or a GMRS 
unit.
* * * * *

0
4. Section 95.967 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.967  CBRS transmitter power limits.

* * * * *
    (a) When transmitting amplitude modulated (AM) voice signals or 
frequency modulated (FM) voice signals, the mean carrier power must not 
exceed 4 Watts.
* * * * *

0
5. Section 95.971 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.971   CBRS emission types.

* * * * *
    (a) Permitted emission types. CBRS transmitter types must transmit 
AM voice emission type A3E or SSB voice emission types J3E, R3E or H3E, 
and may also transmit FM voice emission type F3E.
* * * * *

0
6. Section 95.973 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.973  CBRS authorized bandwidth.

* * * * *
    (a) AM and FM. The authorized bandwidth for emission types A3E and 
F3E is 8 kHz.
* * * * *

0
7. Section 95.975 is amended by adding paragraph (c) to read as 
follows:


Sec.  95.975  CBRS modulation limits.

* * * * *
    (c) When emission type F3E is transmitted the peak frequency 
deviation shall not exceed 2 kHz.

0
8. Section 95.979(a) is amended by revising the first row of the table 
to read as follows:


Sec.  95.979  CBRS unwanted emissions limits.

* * * * *
    (a) * * *

------------------------------------------------------------------------
            Emission type                          Paragraph
------------------------------------------------------------------------
A3E, F3E.............................  (1), (3), (5), (6).
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
9. Section 95.1763 is amended by revising paragraph (d) to read as 
follows:


Sec.  95.1763   GMRS channels.

* * * * *
    (d) 467 MHz interstitial channels. Only hand-held portable units 
may transmit on these 7 channels. The channel center frequencies are: 
467.5625, 467.5875, 467.6125, 467.6375, 467.6625, 467.6875, and 
467.7125 MHz.

0
10. Section 95.1787 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  95.1787  GMRS additional requirements.

* * * * *
    (a) * * *
    (1) Digital data transmissions may contain location information, or 
requesting location information from one or more other GMRS or FRS 
units, or containing a brief text message to another specific GMRS or 
FRS unit. Digital data transmissions may be initiated by a manual 
action of the operator or on an automatic or periodic basis, and a GMRS 
unit receiving an interrogation request may automatically respond with 
its location.
* * * * *

0
11. Section 95.2503 is amended by revising the definition of ``Medical 
implant transmitter'' to read as follows:


Sec.  95.2503  Definitions, MedRadio.

* * * * *
    Medical implant transmitter. A MedRadio transmitter in which both 
the antenna and transmitter device are designed to operate within a 
human body for the purpose of facilitating communications from a 
medical implant device.
* * * * *

0
12. Section 95.2509 is amended by revising the paragraph (e)(2) to read 
as follows:


Sec.  95.2509  MBAN registration and frequency coordination.

* * * * *
    (e) * * *
    (2) If the MBAN is within line-of-sight of an AMT receive facility, 
the MBAN frequency coordinator shall achieve a mutually satisfactory 
coordination agreement with the AMT frequency coordinator prior to the 
MBAN beginning operations in the band. Such coordination agreement 
shall provide protection to AMT receive stations consistent with 
International Telecommunication Union (ITU) Recommendation ITU-R 
M.1459, ``Protection criteria for telemetry systems in the aeronautical 
mobile service and mitigation techniques to facilitate sharing with 
geostationary broadcasting-satellite and mobile-satellite services in 
the frequency bands 1 452-1 525 and 2 310-2 360 MHz,'' May 2000, as 
adjusted using generally accepted engineering practices and standards 
that are mutually agreeable to both coordinators to take into account 
the local conditions and operating characteristics of the applicable 
AMT and MBAN facilities, and shall specify when the device shall limit 
its transmissions to segments of the 2360-2390 MHz band or must cease 
operation in the band. This ITU document is incorporated by reference 
into this section with the approval of the Director of the Federal 
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Federal 
Communications Commission must publish a document in the Federal 
Register and the material must be available to the public. Copies of 
the recommendation may be obtained from ITU, Place des Nations, 1211 
Geneva 20, Switzerland, or online at http://www.itu.int/en/publications/Pages/default.aspx. You may inspect a copy at the Federal 
Communications Commission, 445 12th Street SW, Washington, DC 20554, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. ``Generally accepted 
engineering practices and standards'' include, but are not limited to, 
engineering analyses and measurement data as well as limiting MBAN 
operations in the band by time or frequency.
* * * * *

[[Page 53566]]


0
13. Section 95.2533 is amended by revising paragraph (e)(2) to read as 
follows:


Sec.  95.2533  Prohibited MedRadio uses.

* * * * *
    (e) * * *
    (2) A non-radio frequency actuation signal generated by a device 
external to the body with respect to which the MedRadio implant or 
body-worn transmitter is used.

0
14. Section 95.2557 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  95.2557  MedRadio duration of transmissions.

* * * * *
    (b) MedRadio transmitters may transmit in the 401-406 MHz band in 
accordance with the provisions of Sec.  95.2559(b)(2) and Sec.  
95.2559(b)(3) for no more than 3.6 seconds in total within a one hour 
time period.
    (c) MedRadio transmitters may transmit in the 401-406 MHz band in 
accordance with the provisions of Sec.  95.2559(b)(4) for no more than 
360 milliseconds in total within a one hour time period.
* * * * *

0
15. Section 95.2559 is amended by revising paragraphs (a)(6) 
introductory text, (a)(6)(iii) and the paragraph heading to paragraph 
(f) to read as follows:


Sec.  95.2559   MedRadio channel access requirements.

* * * * *
    (a) * * *
    (6) When a channel is selected prior to a MedRadio communications 
session, it is permissible to select an alternate channel for use if 
communications are interrupted, provided that the alternate channel 
selected is the next best choice using the criteria specified in 
paragraphs (a)(1) through (5) of this section. The alternate channel 
may be accessed in the event a communications session is interrupted by 
interference. The following criteria must be met:
* * * * *
    (iii) In the event that this alternate channel provision is not 
used by the MedRadio system, or if the criteria in paragraphs (i) and 
(ii) of this section are not met, a channel must be selected using the 
access criteria specified in paragraphs (a)(1) through (5) of this 
section.
* * * * *
    (f) Requirements for MBANs. * * *

0
16. Section 95.2569 is amended by revising paragraph (c) to read as 
follows:


Sec.  95.2569  MedRadio field strength measurements.

* * * * *
    (c) For a MedRadio transmitter intended to be implanted in a human 
body, radiated emissions and M-EIRP measurements for transmissions by 
stations authorized under this section may be made in accordance with 
an FCC-approved human body simulator and test technique. Guidance 
regarding dielectric parameters for the tissue-equivalent material can 
be found in the Office of Engineering and Technology (OET) Laboratory 
Division Knowledge Database (KDB).

0
17. Section 95.2573 is revised to read as follows:


Sec.  95.2573  MedRadio authorized bandwidths.

    Each MedRadio transmitter type must be designed such that the 
MedRadio emission bandwidth (as defined in Sec.  95.2503) does not 
exceed the applicable limits set forth in this section.
    (a) For MedRadio transmitters operating in the 402-405 MHz band, 
the maximum MedRadio emission bandwidth is 300 kHz. Such transmitters 
must not use more than 300 kHz of bandwidth (total) during a MedRadio 
communications session. This provision does not preclude full duplex or 
half duplex communications provided that the total bandwidth of all of 
the channels employed in a MedRadio communications session does not 
exceed 300 kHz.
    (b) For MedRadio transmitters operating in the 401-401.85 MHz band 
or the 405-406 MHz band, the maximum MedRadio emission bandwidth is 100 
kHz. Such transmitters must not use more than 100 kHz of bandwidth 
(total) during a MedRadio communications session. This provision does 
not preclude full duplex or half duplex communications provided that 
the total bandwidth of all of the channels employed in a MedRadio 
communications session does not exceed 100 kHz.
    (c) For MedRadio transmitters operating in the 401.85-402 MHz band, 
the maximum MedRadio emission bandwidth is 150 kHz. Such transmitters 
must not use more than 150 kHz of bandwidth (total) during a MedRadio 
communications session. This provision does not preclude full duplex or 
half duplex communications, provided that the total bandwidth of all of 
the channels employed in a MedRadio communications session does not 
exceed 150 kHz.
    (d) For MedRadio transmitters operating in the 413-419 MHz, 426-432 
MHz, 438-444 MHz or 451-457 MHz bands, the maximum MedRadio emission 
bandwidth is 6 MHz.
    (e) For MedRadio transmitters operating in the 2360-2400 MHz band, 
the maximum MedRadio emission bandwidth is 5 MHz.
    (f) Lesser emission bandwidths may be employed, provided that the 
unwanted emissions are attenuated as provided in Sec.  95.2579. See 
also Sec.  95.2567 regarding maximum radiated power limits, Sec.  
95.2565 on frequency accuracy, Sec.  95.2569 on field strength 
measurements, and Sec.  95.2585 on RF exposure.

0
18. Section 95.2579 is amended by revising paragraphs (c)(1), (d) 
introductory text, (d)(1)(i) and (ii), and (g) to read as follows:


Sec.  95.2579   MedRadio unwanted emissions limits.

* * * * *
    (c) * * *
    (1) 20 dB, on any frequency within the 402-405 MHz band that is 
more than 150 kHz away from the center frequency of the MedRadio 
channel the transmission is intended to occupy;
* * * * *
    (d) Attenuation requirements, 401-402 MHz, 405-406 MHz. For 
MedRadio transmitter types designed to operate in the 401-402 MHz band 
or 405-406 MHz band, the power of unwanted emissions must be attenuated 
below the maximum permitted transmitter output power by at least:
    (1) * * *
    (i) More than 75 kHz away from the center frequency of the MedRadio 
channel the transmission is intended to occupy if the MedRadio 
transmitter type is operating on a frequency between 401.85 and 402 
MHz; or,
    (ii) More than 50 kHz away from the center frequency of the 
MedRadio channel the transmission is intended to occupy and 100 kHz or 
less below 401 MHz or above 406 MHz.
* * * * *
    (g) Measurements. Compliance with the limits in paragraphs (c), (d) 
and (e) of this section is based on the use of measurement 
instrumentation using a peak detector function with an instrument 
resolution bandwidth approximately equal to 1.0 percent of the emission 
bandwidth of the device under measurement.

[FR Doc. 2021-19399 Filed 9-27-21; 8:45 am]
BILLING CODE 6712-01-P