[Federal Register: December 13, 2002 (Volume 67, Number 240)]
[Rules and Regulations]
[Page 76697-76701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de02-10]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 96-86; FCC 02-216]
The Development of Operational, Technical and Spectrum
Requirements for Meeting Federal, State and Local Public Safety Agency
Communication Requirements Through the Year 2010
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In view of the Federal Communications Commission's commitment
to ultimately require equipment operating in the 764-776 MHz and 794-
806 MHz band (``700 MHz public safety band'') General Use and State
License channels to meet a spectrum efficiency requirement of one voice
channel per 6.25 kHz, the Commission in this item adopted a phased-in
implementation of (i.e., a ``single migration path'' to) this spectrum
efficiency requirement. The rules adopted are based on the record
developed in response to the Fifth Notice of Proposed Rule Making in
the above-captioned proceeding. These rules are intended to promote the
efficient, effective, and maximum use of 700 MHz public safety band
General Use and State License channels without hindering development
and deployment of public safety equipment. In addition, in order to
comport with current international agreements, a Commission rule was
revised, which had incorrectly implied that Canadian television signals
are entitled to interference protection within the United States.
DATES: Effective January 13, 2003.
FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Esq., 202/418-0680,
rmussend@fcc.gov, Wireless Telecommunications Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order, FCC 02-216, adopted on
July 16, 2002, and released on August 2, 2002. The full text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC
20554. The complete text may be purchased from the Commission's copy
contractor, Qualex International, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov.
Alternative formats are available to persons with
disabilities by contacting
[[Page 76698]]
Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at
bmillin@fcc.gov.
1. In this Fifth Report and Order, we adopt a migration path to a
6.25 kHz voice efficiency requirement for the 764-776 MHz and 794-806
MHz band General Use and State License channels. The actions we take
today are based on the record developed in response to the Fifth Notice
of Proposed Rule Making in the above-captioned proceeding. In addition
to the adoption of a specific migration path for the General Use and
State License channels, we clarify the rule relating to cross-border
interference with Canada to comport with current international
agreements.
2. In keeping with the Commission's safe harbor guidelines to
facilitate use of the 764-776 MHz and 794-806 MHz band, we are mindful
that the migration path we adopt today must not hinder the development
and deployment of public safety equipment nor delay the planning and
construction of pubic safety systems in this band. Specifically, we
adopt the following measures to ensure efficient, effective and
maximized use of the narrowband General Use and State License channels
of the 700 MHz public safety band:
[sbull] Allow the marketing, manufacture and importation of 12.5
kHz equipment until December 31, 2006.
[sbull] Accept applications for filing to use 12.5 kHz equipment
that are filed on or before December 31, 2006.
[sbull] Accept applications for filing for new systems to use 6.25
kHz equipment that are filed after December 31, 2006.
[sbull] Permit legacy licensees to continue using 12.5 kHz based
systems until December 31, 2016.
[sbull] Permit legacy licensees to purchase dual mode equipment
(operates in 12.5 or 6.25 kHz mode) for system expansion or maintenance
and operate it in the 12.5 kHz mode until December 31, 2016.
[sbull] Ban the marketing, manufacture and importation of equipment
that is exclusively 12.5 kHz effective after December 31, 2006.
[sbull] Cease type certifying equipment that is exclusively 12.5
kHz after December 31, 2006.
[sbull] Require use of 6.25 kHz equipment exclusively effective
after December 31, 2016.
I. Procedural Matters
A. Regulatory Flexibility Act
3. Appendix B contains a Final Regulatory Flexibility Analysis
(FRFA) with respect to the Fifth Report and Order. As required by the
Regulatory Flexibility Act, the Commission has prepared the analysis of
the possible impact on small entities of the rules and proposed rules
set forth in this document. The Commission's Consumer Information
Bureau, Reference Information Center, will send a copy of this Fifth
Report and Order, including the FRFA, to the Chief Counsel for Advocacy
of the Small Business Administration in accordance with the Regulatory
Flexibility Act.
II. Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), An Initial Regulatory Flexibility Analysis (IRFA) was
incorporated into the Fourth Report and Order and Fifth Notice of
Proposed Rule Making (Fifth NPRM), 66 FR 10,632, February 16, 2001, of
this proceeding. The Commission sought written public comment on the
proposals in the Fifth NPRM, including comment on the IRFA. The present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Fifth Report and Order
5. The need is to resolve outstanding migration issues regarding a
migration path for the General Use and State License channels located
within the 700 MHz public safety band. Resolution entails requiring a
6.25 kHz requirement for the General Use and State License channels.
Our objective is to promote the efficient, effective, and maximum use
of 700 MHz public safety band and not hinder development and deployment
of public safety equipment. Specifically, the rules adopted herein
will: Require licensees in the narrowband General Use and State License
channels, whose applications are filed after December 31, 2006, to
operate only in voice mode using a voice efficiency standard of at
least one voice path per 6.25 kHz of spectrum bandwidth; allow
licensees in the narrowband General Use and State License channels,
whose applications are filed on or before December 31, 2006 (``legacy
licensees''), to operate in voice mode using a voice efficiency
standard of at least one voice path per 12.5 kHz of spectrum bandwidth
until December 31, 2016; allow legacy licensees to buy dual mode
equipment (i.e., equipment that operates in 12.5 kHz or 6.25 kHz mode)
for system expansion or maintenance; ban the manufacture, importation,
and marketing of equipment that only operates on a voice efficiency
standard of at least one voice channel per 12.5 kHz of spectrum
bandwidth after December 31, 2006; and prevent acceptance of
applications for certification of equipment that operates exclusively
on a voice efficiency standard of at least one voice channel per 12.5
kHz of spectrum bandwidth or that lacks the ability to operate on a
voice efficiency standard of one voice channel per 6.25 kHz of spectrum
bandwidth after December 31, 2006.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
6. No comments were submitted in response to the IRFA. Comments
were submitted in response to the Fifth NPRM regarding whether
different migration paths would be appropriate for public safety
entities in rural urban areas based on their different needs.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
7. 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, if adopted. The RFA generally defines
``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 ``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 operations; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
8. A small organization is generally ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.'' Nationwide, as of 1992, there were
approximately 275,801 small organizations. ``Small governmental
jurisdiction'' generally means ``governments of cities, counties,
towns, townships, villages, school districts, or special districts,
with a population of less than 50,000.'' As of 1992, there were
approximately 85,006 such jurisdictions in the United States. This
number includes 38,978 counties, cities, and towns; of these, 37,566,
or ninety-six percent, have populations of fewer than 50,000. The
Census Bureau estimates that this ratio is approximately accurate for
all governmental entities. Thus, of the 85,006 governmental entities,
we estimate that 81,600 (ninety-one percent) are small entities.
9. Public Safety Radio Pool Licensees. As a general matter, Public
Safety Radio Pool licensees include police, fire, local government,
forestry conservation, highway maintenance, and emergency medical
services that draw from a
[[Page 76699]]
common pool of spectrum. Spectrum in the 700 MHz public safety band is
governed by 47 U.S.C. 337. Non-Federal governmental entities as well as
private businesses are licensees for these services. All governmental
entities with populations of less than 50,000 fall within the
definition of a small entity.
10. Radio and Television Equipment Manufacturers. We anticipate
that at least six radio equipment manufacturers will be affected by our
decisions in this proceeding. According to the SBA's regulations, a
radio and television broadcasting and communications equipment
manufacturer must have 750 or fewer employees in order to qualify as a
small business concern. Census Bureau data indicate that there are 858
U.S. firms that manufacture radio and television broadcasting and
communications equipment, and that 778 of these firms have fewer than
750 employees and would therefore be classified as small entities. We
do not have information that indicates how many of the six radio
equipment manufacturers associated with this proceeding are among these
778 firms. However, Motorola and Ericsson, two of the six
manufacturers, are major, nationwide radio equipment manufacturers,
and, thus, we conclude that these manufacturers would not qualify as
small businesses because, in all likelihood, they have more than 750
employees.
11. Television Stations. This proceeding will affect full service
TV station licensees (Channels 60-69), TV translator facilities, and
low power TV (LPTV) stations. The SBA defines a TV broadcasting station
that has no more than $12 million in annual receipts as a small
business. TV broadcasting stations consist of establishments primarily
engaged in broadcasting visual programs by TV to the public, except
cable and other pay TV services. Included in this industry are
commercial, religious, educational, and other TV stations.
Establishments primarily engaged in TV broadcasting and which produce
taped TV program materials are also included in this industry. Separate
establishments primarily engaged in producing taped TV program
materials are classified under another NAICS Code, and are defined as
small if annual receipts do not exceed $6 million.
12. There were 1,509 TV stations operating in the nation in 1992.
That number has remained fairly constant as indicated by the
approximately 1,551 operating TV broadcasting stations in the nation as
of February 28, 1997. For 1992 the number of TV stations that produced
less than $10.0 million in revenue was 1,155 establishments, or
approximately 77 percent of the 1,509 establishments. There are
currently 95 full service analog TV stations, either operating or with
approved construction permits on channels 60-69. In the DTV Proceeding,
we adopted a DTV Table that provides only 15 allotments for DTV
stations on channels 60-69 in the continental United States. There are
seven DTV allotments in channels 60-69 outside the continental United
States. Thus, the rules will affect approximately 117 TV stations;
approximately 90 of those stations may be considered small businesses.
These estimates may overstate the number of small entities since the
revenue figures on which they are based do not include or aggregate
revenues from non-TV affiliated companies. We recognize that the rules
may also impact minority-owned and women-owned stations, some of which
may be small entities. In 2000, minorities owned and controlled 23 (1.9
percent) of 1,288 full power commercial TV stations in the United
States. According to the U.S. Bureau of the Census, in 1987 women owned
and controlled 27 (1.9 percent) of 1,342 commercial and non-commercial
TV stations in the United States.
13. There are currently 4,977 TV translator stations and 1,952 LPTV
stations. Approximately 1,309 low power TV and TV translator stations
are on channels 60-69 which could be affected by policies in this
proceeding. The Commission does not collect financial information of
any broadcast facility and the Department of Commerce does not collect
financial information on these broadcast facilities. We will assume for
present purposes, however, that most of these broadcast facilities,
including LPTV stations, could be classified as small businesses. As
indicated earlier, approximately 77 percent of TV stations are
designated under this analysis as potentially small businesses. Given
this, LPTV and TV translator stations would not likely have revenues
that exceed the SBA maximum to be designated as small businesses.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
14. The Fifth Report and Order does not adopt rules that entail
recordkeeping, and/or third-party consultation. However, it does adopt
rules that entail certain reporting and compliance requirements. The
rules allow legacy licensees (as described in the Fifth Report and
Order) to operate their systems at a 12.5 kHz voice efficiency standard
until December 31, 2016, when these systems must convert to a 6.25 kHz
voice efficiency standard on the General Use and State License
channels. These legacy licensees must file, through ULS, no later than
January 31, 2017, a declaration that they have completed the requisite
conversion.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
15. The RFA requires an agency to describe any significant
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) an
exemption from coverage of the rule, or any part thereof, for small
entities.
16. The rules adopted in the Fifth Report and Order are essentially
designed to achieve standardization of technology at points in time in
the distant future. Therefore, we do not believe that the impact of
these rules will be different for smaller entities in the long run. In
formulating the rules in the Fifth Report and Order, we reduced
economic burdens wherever possible for all entities, large and small.
The regulatory burdens that we have adopted are necessary to ensure
that the public receives the public safety benefits of innovative new
services in a prompt and efficient manner. For example, we have adopted
technical and operational rules that will promote competition in the
equipment market. We believe that the rules must be as competitively
and technologically neutral as possible, in order to allow for
competing equipment designs and to avoid hindering future innovative
technological developments.
17. We note that tighter technical specifications generally allow
more intense spectrum use, but may result in higher equipment costs.
Conversely, although wider tolerances may allow manufacturers to use
less costly component parts in transmitting equipment, they also may
result in less efficient spectrum use. Because the Commission is
statutorily required to consider the safety of life and property in its
consideration of spectrum management issues, we believe that the
technical regulations we adopt herein provide a reasonably balanced
approach in meeting the Commission's mandate.
[[Page 76700]]
18. As for radio equipment for use on the 700 MHz public safety
band, we believe that the rules we adopt today will foster competition
in the market for radio equipment for use in the 700 MHz public safety
band, and thereby increase the opportunity for small entities to enter
this market. As for smaller public safety entities, the rules we adopt
today are designed to allow them (and all public safety entities) a
full 10-year life cycle for equipment they may purchase between now and
December 31, 2006. We do not believe there are feasible alternatives to
these rules, in that they are the narrowly tailored to allow both early
access to the 700 MHz public safety band, and give early entrants into
that spectrum a full life span for the equipment they use. Although we
considered whether to permit smaller entities, specifically those
operating in rural areas, to operate indefinitely using a 12.5 kHz
voice efficiency standard, we rejected this approach because we wanted
to ensure certainty and consistency of operations by all licensees as
described in the Fifth Report and Order and to avoid sustaining a
viable market for spectrally inefficient equipment.
19. Report to Congress: The Commission will send a copy of the
Fifth Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act, see 5 U.S.C.
801(a)(1)(A). Also, the Commission will send a copy of the Fifth Report
and Order to the Chief Counsel for Advocacy of the Small Business
Administration. In addition, the Fifth Report and Order and FRFA (or
summaries thereof) will be published in the Federal Register. See 5
U.S.C. 604(b).
III. Ordering Clauses
20. Authority for the issuance of this Fifth Report and Order is
contained in Sections 4(i), 4(j), 7(a), 302, 303(b), 303(f), 303(g),
303(r), 307(e), 332(a), and 332(c) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 154(j), 157(a), 302, 303(b), 303(f),
303(g), 303(r), 307(e), 332(a), 332(c).
21. Part 90 of the Commission's Rules, 47 CFR Part 90 is amended as
specified in rule changes.
22. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Fifth Report
and Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
1. 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), 332(c)(7).
2. Section 90.201 is revised to read as follows.
Sec. 90.201 Scope.
This subpart sets forth the general technical requirements for use
of frequencies and equipment in the radio services governed by this
part. Such requirements include standards for acceptability of
equipment, frequency tolerance, modulation, emissions, power, and
bandwidths. Special additional technical standards applicable to
certain frequency bands and certain specialized uses are set forth in
subparts J, K, N, and R.
3. Section 90.203 is amended by adding paragraphs (m) and (n) to
read as follows.
Sec. 90.203 Certification required.
* * * * *
(m) Applications for part 90 certification received after December
31, 2006 will not be granted to transmitters designed to operate in the
voice mode on channels designated in Sec. Sec. 90.531(b)(5) or
90.531(b)(6) that do not provide at least one voice path per 6.25 kHz
of spectrum bandwidth.
(n) Transmitters designed to operate in the voice mode on channels
designated in Sec. Sec. 90.531(b)(5) or 90.531(b)(6) that do not
provide at least one voice path per 6.25 kHz of spectrum bandwidth
shall not be manufactured in, or imported into the United States after
December 31, 2006. Marketing of these transmitters shall not be
permitted after December 31, 2006.
4. Section 90.531 is amended by revising paragraphs (b)(5) and (6)
and paragraph (d)(1) to read as follows.
Sec. 90.531 Band Plan.
* * * * *
(b) * * *
(5) Narrowband state channels. The following narrowband channels
are designated for direct licensing to each state (including U.S.
territories, districts, and possessions): 25-36, 65-76, 105-116, 145-
156, 185-196, 225-236, 265-276, 305-316, 645-656, 685-696, 725-736,
765-776, 805-816, 845-856, 885-896, 925-936, 985-996, 1025-1036, 1065-
1076, 1105-1116, 1145-1156, 1185-1196, 1225-1236, 1265-1276, 1605-1616,
1645-1656, 1685-1696, 1725-1736, 1765-1776, 1805-1816, 1845-1856, 1885-
1896. Voice operations on these channels are subject to compliance with
the spectrum usage efficiency requirements set forth in Sec.
90.535(d).
(6) Narrowband general use channels. All narrowband channels
established in paragraph (b) of this section, other than those listed
in paragraphs (b)(1), (b)(2), (b)(4) and (b)(5) of this section are
designated to public safety eligibles subject to Commission approved
regional planning committee regional plans. Voice operations on these
channels are subject to compliance with the spectrum usage efficiency
requirements set forth in Sec. 90.535(d).
* * * * *
(d) * * *
(1) Narrowband. Subject to compliance with the spectrum usage
efficiency requirements set forth in Sec. 90.535, two or four
contiguous narrowband (6.25 kHz) channels may be used in combination as
12.5 kHz or 25 kHz channels, respectively. The lower (in frequency)
channel for two channel combinations must be an odd (i.e., 1, 3, 5 * *
*) numbered channel. The lowest (in frequency) channel for four channel
combinations must be a channel whose number is equal to 1+(4xn), where
n = any integer between 0 and 479, inclusive (e.g., channel number 1,
5, * * * 1917). Channel combinations are designated by the lowest and
highest channel numbers separated by a hyphen, e.g., ``1-2'' for a two
channel combination and ``1-4'' for a four channel combination.
* * * * *
5. Section 90.533 is amended by revising paragraph (a) to read as
follows:
Sec. 90.533 Transmitting sites near the U.S./Canada or U.S./Mexico
border.
* * * * *
(a) Public safety transmitters operating in the 764-776 MHz and
794-806 MHz bands must conform to the limitations on interference to
Canadian television stations contained in
[[Page 76701]]
agreement(s) between the United States and Canada for use of television
channels in the border area.
* * * * *
6. Section 90.535 is amended by revising paragraphs (b) and (c) and
by adding paragraph (d) to read as follows.
Sec. 90.535 Modulation and spectrum usage efficiency requirements.
* * * * *
(b) Transmitters designed to operate in the narrowband segment
using digital modulation must be capable of maintaining a minimum data
(non-voice) rate of 4.8 kbps per 6.25 kHz of bandwidth.
(c) Transmitters designed to operate in the wideband segment using
digital modulation must be capable of maintaining a minimum data (non-
voice) rate of 384 kbps per 150 kHz of bandwidth.
(d) The following provisions apply to licensees operating in the
channels designated in Sec. Sec. 90.531(b)(5) or 90.531(b)(6).
(1) With the exception of licensees designated in paragraph (d) (2)
of this section, after December 31, 2006, licensees may only operate in
voice mode in these channels at a voice efficiency of at least one
voice path per 6.25 kHz of spectrum bandwidth.
(2) Licensees authorized to operate systems in the voice mode on
these channels from applications filed on or before December 31, 2006,
may continue operating in the voice mode on these channels (including
modification applications of such licensees granted after December 31,
2006, for expansion or maintenance of such systems) at a voice
efficiency of at least one voice path per 12.5 kHz of spectrum
bandwidth until December 31, 2016.
(3) The licensees designated in paragraph (d)(2) of this section
must, no later than January 31, 2017, file a declaration through the
Universal Licensing System that they are operating these channels at a
voice efficiency of at least one voice path per 6.25 kHz of spectrum
bandwidth.
[FR Doc. 02-31383 Filed 12-12-02; 8:45 am]
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