[Federal Register: November 21, 2002 (Volume 67, Number 225)]
[Proposed Rules]
[Page 70196-70199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no02-38]
[[Page 70196]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-318; RM-10184; FCC 02-281]
Airport Terminal Use Frequencies in the 450-470 MHz Band of the
Private Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This document grants the Petition for Rulemaking (Petition)
filed by the Personal Communications Industry Association (PCIA), which
seeks to initiate a proceeding to explore amending of the Commission's
Rules. Specifically, the NPRM seeks comment on revising the power
limits governing frequencies designated on a primary basis for
``Airport Terminal Use'' (ATU). The NPRM also seeks comment on what
measures, if any, are necessary to safeguard the integrity of
communications by public safety, railroad and utility entities (namely:
water, energy and gas) as well as other licensed operations, such as
Wireless Medical Telemetry Service (WMTS), that may be impacted by
PCIA's proposed rule changes. The NPRM also seeks comment on class
codes to recognize ATU operations.
DATES: Comments are due on or before December 23, 2002 and reply
comments are due on or before January 6, 2003.
ADDRESSES: Federal Communications Commission 445 12th Street, SW., TW-
A325, Washington, DC 20554. See Supplementary Information for filing
instructions.
FOR FURTHER INFORMATION CONTACT: John Evanoff, Esq., at (202) 418-0848,
jevanoff@fcc.gov, or Thomas Eng, (202) 418-0019, teng@fcc.gov, Policy
and Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 02-281, adopted on October 4, 2002, and
released on October 10, 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 Brian Millin at (202) 418-7426 or TTY (202)
418-7365 or at bmillin@fcc.gov.
1. In this Notice of Proposed Rulemaking (NPRM), we seek comment on
revisions to the use of the Airport Terminal Use (ATU) frequencies in
the 450-470 MHz Private Land Mobile Radio (PLMR) Industrial Business
(I/B) Pool. We find that a rulemaking proceeding is warranted to allow
consideration of the issues and proposals presented in the Personal
Communications Industry Association's (PCIA) Petition for Rulemaking
(Petition). Accordingly, we grant PCIA's Petition to initiate this
proceeding.
2. Specifically, this NPRM seeks comment on revising Sec. 90.35(c)
of our Rules regarding the ATU frequencies to:
[sbull] Delete the 3-watt total output power (TPO) limit for
transmitters operating on ATU mobile-only frequencies and adopt a
general effective radiated power (ERP) standard.
[sbull] Convert the power limit for base transmitters operating on
ATU base/mobile frequencies from 20-watts TPO to 100-watts ERP.
In addition, the NPRM seeks comment on whether the Universal Licensing
System (ULS) should be modified to recognize ATU frequencies and the
associated operational requirements, and if so, how.
3. We believe that revising the current power limits could enhance
airport terminal communications and thereby further the public
interest. We nonetheless are concerned that such rule changes may
adversely impact aviation-related communications, public safety,
railroad and utility (namely: energy, water and gas) communications and
wireless medical telemetry service (WMTS) operations. We are also
concerned that such rule changes may adversely impact the operations of
non-ATU I/B entities that are co-channel licensees--on a secondary
basis to ATU licensees--at sites located at least 10 miles from 242
airports for which the ATU frequencies are designated. Accordingly, in
commencing this proceeding, we specifically urge interested parties to
comment on the impact that any proposed rule changes would have on the
operations of non-ATU licensees. We also seek comment on alternatives
to PCIA's proposals.
I. Procedural Matters
A. Ex Parte Rule--Permit-but-Disclose Proceeding
4. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, if they are disclosed as provided in the
Commission's Rules.
B. Initial Regulatory Flexibility Analysis
5. As required by Section 603 of the Regulatory Flexibility Act, 5
U.S.C. 603, the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the expected impact on small entities of
the proposals suggested in this document. The IRFA is set forth
further. Written public comments are requested on the IRFA. These
comments must be filed in accordance with the same filing deadlines as
comments filed in this NPRM, but they must have a separate and distinct
heading designating them as responses to the IRFA. The Commission's
Consumer Information Bureau, Reference Information Center, shall send a
copy of this NPRM, including the IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration in accordance with
Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C. 603(a).
C. Initial Paperwork Reduction Analysis
6. This NPRM does not contain either a proposed or modified
information collection.
D. Alternative Formats
7. Alternative formats (computer diskette, large print, audio
cassette and Braille) are available from Brian Millin, Consumer and
Governmental Affairs Bureau, at (202) 418-7426, TTY (202) 418-7365, or
at bmillin@fcc.gov. This NPRM can also be downloaded at http://
wireless.fcc.gov/releases.html.
E. Comment Dates
8. Pursuant to Sec. Sec. 1.415 and 1.419 of our rules interested
parties may file comments on or before December 23, 2002, and reply
comments on or before January 6, 2003. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies.
9. Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/e-file/ecfs.html.
Generally, only one copy of an electronic submission must be filed. If
multiple docket or rulemaking numbers appear in the caption of this
proceeding, however, commenters must transmit one electronic copy of
the comments to each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, commenters should
include their full name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by
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Internet e-mail. To obtain filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form .'' A sample form and directions will be sent in
reply. Parties who choose to file by paper must file an original and
four copies of each filing. If more than one docket or rulemaking
number appear in the caption of this proceeding, commenters must submit
two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). The Commission's contractor, Vistronix, Inc.,
will receive hand-delivered or messenger-delivered paper filings for
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7
p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail,
Express Mail, and Priority Mail should be addressed to 445 12th Street,
SW., Washington, DC 20554. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission.
II. Initial Regulatory Flexibility Certification
10. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in this NPRM. Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments on the NPRM
provided in paragraph 23, supra. The Commission will send a copy of the
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA). In addition, the NPRM and IRFA (or
summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
11. In this NPRM, we propose to amend the maximum output power for
airport terminal use frequencies identified in 47 CFR 90.35(c)(48) to
100-watts maximum effective radiated power. We believe such
modification would be in the public interest because it would enhance
the efficient use of spectrum, permit greater efficiency in use of
airport terminal communications, and facilitate Homeland Security
measures at airports. In this NPRM we also propose to delete the
maximum output power for airport use frequencies identified in 47 CFR
90.35(c)(11) and (68).
B. Legal Basis
12. Authority for the proposed rules included in this NPRM is
contained in Sections 1, 4(i), 302, 303(f), and (r), and 332 of the
Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302,
303(f) and (r), and 332.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
13. 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
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.
Nationwide, as of 1992, there were approximately 275,801 small
organizations. Below, we further describe and estimate the number of
small entity licensees and regulatees that may be affected by the
proposed rules, if adopted.
14. Estimates for Private Land Mobile Radio (PLMR) Licensees. PLMR
systems serve an essential role in a vast range of industrial,
business, land transportation, and public safety activities. These
radios are used by companies of all sizes operating in all U.S.
business categories. Because of the vast array of PLMR users, the
Commission has not developed a definition of small entities
specifically applicable to PLMR users, nor has the SBA developed any
such definition. The SBA rules do, however, contain a definition for
small cellular and telecommunications, which has the small business
size standard of no more than 1,500 employees. The Commission's fiscal
year 1994 annual report indicates that, at the end of fiscal year 1994,
there were 1,101,711 licensees operating 12,882,623 transmitters in the
PLMR bands below 512 MHz.
15. Equipment Manufacturers. The SBA has established a small
business size standard for Radio and Television Broadcasting and
Wireless Communications Equipment Manufacturing. Under this standard,
business firms are considered small if they have 750 or fewer
employees. Census data for 1997 indicate that, for that year, there
were a total of 1,215 establishments in this category. Of those, there
were 1150 that had employment under 500, and an additional 37 that had
employment of 500 to 999. The percentage of broadcast equipment
manufacturers to others in this category is approximately 22%, so we
estimate that the number of broadcast equipment manufacturers with
employment under 500 was actually closer to 253, with an additional 8
establishments having employment of between 500 and 999.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
16. The proposed rules will not entail reporting, recordkeeping,
and or third-party consultation. These changes do not contain any new
or modified form, information collection, and/or record keeping,
labeling, disclosure, or record retention requirements and will not
increase or decrease burden hours imposed on the public.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
17. 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 and
reporting requirements under the rule for such 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 such small
entities.'' The Commission invited public comment on alternative
proposals to address the
[[Page 70198]]
problems identified by PCIA. Specifically, the Commission sought
comment on measures to minimize the impact of granting PCIA's proposals
on PLMR licensees, and on waivers of the existing power limits for ATU
mobile stations, which would exempt, on a case-by-case basis, PLMR
licensees from coverage of the specified rules. The proposed rule
changes contained herein have been analyzed with respect to the
Paperwork Reduction Act of 1980.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
18. None.
III. Ordering Clauses
19. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302,
303(f) and (r), 332, the Petition for Rulemaking filed by the Personal
Communications Industry Association, Inc., on June 25, 2001, and
supplemented on May 21, 2002, is granted to the extent indicated
herein.
20. Pursuant to sections 1, 4(i), 302, 303(f) and (r), and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 302,
303(f) and (r), 332, notice is hereby given of the proposed regulatory
changes described in this Notice of Proposed Rule Making, and that
comment is sought on these proposals.
21. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Notice of
Proposed Rule Making, WT Docket No. 02-318, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration in accordance with Section 603(a) of
the Regulatory Flexibility Act, 5 U.S.C. 601-612.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
Part 90 of Chapter 1 of title 47 of the Code of Federal Regulations
is proposed to be amended as follows:
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),
303(g), 303(r), and 332(c)(7).
2. In Sec. 90.35, paragraph (b)(3) is amended by revising the
entries for frequencies 460.650 through 460.89375 and 465.650 through
465.89375 and by revising paragraph (c)(48) to read as follows:
Sec. 90.35 Industrial business pool.
* * * * *
(b) * * *
(3) * * *
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Frequency or band Class of station(s) Limitations Coordinator
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460.650.............................. . . . . . . do........ 48, 61, 62.............
460.65625............................ . . . . . . do........ 33, 48, 61, 62.........
460.6625............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.66875............................ . . . . . . do........ 33, 48, 61, 62.........
460.675.............................. . . . . . . do........ 48, 61, 62.............
460.68125............................ . . . . . . do........ 33, 48, 61, 62.........
460.6875............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.69375............................ . . . . . . do........ 33, 48, 61, 62.........
460.700.............................. . . . . . . do........ 48, 61, 62.............
460.70625............................ . . . . . . do........ 33, 48, 61, 62.........
460.7125............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.71875............................ . . . . . . do........ 33, 48, 61, 62.........
460.725.............................. . . . . . . do........ 48, 61, 62.............
460.73125............................ . . . . . . do........ 33, 48, 61, 62.........
460.7375............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.74375............................ . . . . . . do........ 33, 48, 61, 62.........
460.750.............................. . . . . . . do........ 48, 61, 62.............
460.75625............................ . . . . . . do........ 33, 48, 61, 62.........
460.7625............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.76875............................ . . . . . . do........ 33, 48, 61, 62.........
460.775.............................. . . . . . . do........ 48, 61, 62.............
460.78125............................ . . . . . . do........ 33, 48, 61, 62.........
460.7875............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.79375............................ . . . . . . do........ 33, 48, 61, 62.........
460.800.............................. . . . . . . do........ 48, 61, 62.............
460.80625............................ . . . . . . do........ 33, 48, 61, 62.........
460.8125............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.81875............................ . . . . . . do........ 33, 48, 61, 62.........
460.825.............................. . . . . . . do........ 48, 61, 62.............
460.83125............................ . . . . . . do........ 33, 48, 61, 62.........
460.8375............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.84375............................ . . . . . . do........ 33, 48, 61, 62.........
460.850.............................. . . . . . . do........ 48, 61, 62.............
460.85625............................ . . . . . . do........ 33, 48, 61, 62.........
460.8625............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.86875............................ . . . . . . do........ 33, 48, 61, 62.........
460.875.............................. . . . . . . do........ 48, 61, 62.............
460.88125............................ . . . . . . do........ 33, 48, 61, 62.........
460.8875............................. . . . . . . do........ 30, 48, 61, 62, 69.....
460.89375............................ . . . . . . do........ 33, 48, 61, 62.........
465.650.............................. . . . . . . do........ 61, 62.................
465.65625............................ . . . . . . do........ 33, 61, 62.............
465.6625............................. . . . . . . do........ 30, 61, 62, 69.........
465.66875............................ . . . . . . do........ 33, 61, 62.............
[[Page 70199]]
465.675.............................. . . . . . . do........ 61, 62.................
465.68125............................ . . . . . . do........ 33, 61, 62.............
465.6875............................. . . . . . . do........ 30, 61, 62, 69.........
465.69375............................ . . . . . . do........ 33, 61, 62.............
465.700.............................. . . . . . . do........ 61, 62.................
465.70625............................ . . . . . . do........ 33, 61, 62.............
465.7125............................. . . . . . . do........ 30, 61, 62, 69.........
465.71875............................ . . . . . . do........ 33, 61, 62.............
465.725.............................. . . . . . . do........ 61, 62.................
465.73125............................ . . . . . . do........ 33, 61, 62.............
465.7375............................. . . . . . . do........ 30, 61, 62, 69.........
465.74375............................ . . . . . . do........ 33, 61, 62.............
465.750.............................. . . . . . . do........ 61, 62.................
465.75625............................ . . . . . . do........ 33, 61, 62.............
465.7625............................. . . . . . . do........ 30, 61, 62, 69.........
465.76875............................ . . . . . . do........ 33, 61, 62.............
465.775.............................. . . . . . . do........ 61, 62.................
465.78125............................ . . . . . . do........ 33, 61, 62.............
465.7875............................. . . . . . . do........ 30, 61, 62, 69.........
465.79375............................ . . . . . . do........ 33, 61, 62.............
465.800.............................. . . . . . . do........ 61, 62.................
465.80625............................ . . . . . . do........ 33, 61, 62.............
465.8125............................. . . . . . . do........ 30, 61, 62, 69.........
465.81875............................ . . . . . . do........ 33, 61, 62.............
465.825.............................. . . . . . . do........ 61, 62.................
465.83125............................ . . . . . . do........ 33, 61, 62.............
465.8375............................. . . . . . . do........ 30, 61, 62, 69.........
465.84375............................ . . . . . . do........ 33, 61, 62.............
465.850.............................. . . . . . . do........ 61, 62.................
465.85625............................ . . . . . . do........ 33, 61, 62.............
465.8625............................. . . . . . . do........ 30, 61, 62, 69.........
465.86875............................ . . . . . . do........ 33, 61, 62.............
465.875.............................. . . . . . . do........ 61, 62.................
465.88125............................ . . . . . . do........ 33, 61, 62.............
465.8875............................. . . . . . . do........ 30, 61, 62, 69.........
465.89375............................ . . . . . . do........ 33, 61, 62.............
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* * * * *
(c) * * *
(48) Except as noted in paragraph (c)(61) of this section,
operation on this frequency is limited to a maximum of 100 watts
effective radiated power in accordance with the maximum ERP and
reference HAAT for a specific service area radius provisions of Sec.
90.205 table 2.
* * * * *
[FR Doc. 02-29437 Filed 11-20-02; 8:45 am]
BILLING CODE 6712-01-P