[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Proposed Rules]
[Page 17786-17790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-21]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 96-86; FCC 06-34]
Development of Operational, Technical and Spectrum Requirements
for Meeting Federal, State and Local Public Safety Communication
Requirements Through the Year 2010
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In the Eighth Notice of Proposed Rulemaking (Eighth NPRM), the
FCC seeks comment on proposals to create broadband channels in the 700
MHz public safety band. Specifically, the Eighth NPRM seeks comment on
proposals to accommodate broadband and/or wideband operations on the
current wideband spectrum (twelve megahertz) of the current 700 MHz
public safety spectrum allocation. This Eighth NPRM is another step in
the FCC's ongoing efforts to develop a regulatory framework in which to
meet current and future public safety communications needs.
DATES: Written comments are due on or before June 6, 2006, and reply
comments are due on or before July 6, 2006.
ADDRESSES: You may submit comments, identified by WT Docket 96-86 and
FCC 06-34, by any of the identified methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission Web Site: http://www.fcc.gov/cgb/ecfs.
Follow the instructions for submitting comments. E-mail: ecfs@fcc.gov. Include WT Docket No. 96-86 in the
subject line of the message.
Mail: Paper submissions.
(Hand or Messenger Delivered accepted between 8 a.m. to 7
p.m. only) Marlene H. Dortch, Secretary, Federal Communications
Commission, Office of the Secretary, c/o Natek, Inc., Inc., 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002.
(Commercial overnight mail, EXCEPT United States Postal
Service) Marlene H. Dortch, Secretary, Federal Communications
Commission, Office of the Secretary, 9300 East Hampton Drive, Capitol
Heights, MD 20743,
(All other mail, including United States Postal Service
Express Mail, Priority Mail, and First Class Mail) Marlene H. Dortch,
Secretary, Federal Communications Commission, Office of
[[Page 17787]]
the Secretary, 445 12th Street, SW., Washington, DC 20554.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
http://www.fcc.gov/cgb/ecfs, including any personal information
provided. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.fcc.gov/cgb/ecfs or in the FCC
Reference Information Center, Federal Communications Commission, 445
12th Street, SW., Room CY-A257, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Legal Information: John Evanoff, Esq.,
John.Evanoff@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau (202) 418-0680, or TTY
(202) 418-7233. Technical Information: Tim Maguire,
Tim.Maguire@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY
(202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Eighth Notice of Proposed Rulemaking
(Eighth NPRM), FCC 06-34, adopted March 17, 2006 and released on March
21, 2006. In the Eighth NPRM the FCC seeks comment on proposals to
create broadband channels in the 700 MHz public safety band.
Specifically, the Eighth NPRM seeks comment on proposals to accommodate
broadband and/or wideband operations on the current wideband spectrum
(twelve megahertz) of the current 700 MHz public safety spectrum
allocation. The Eighth NPRM also seeks to update the record on wideband
interoperability matters raised in the Seventh Notice of Proposed
Rulemaking in this proceeding (70 FR 21726, April 27, 2005).
I. Procedural Matters
A. Ex Parte Rules--Permit-But-Disclose Proceeding
2. This is a permit-but-disclose notice and comment rulemaking
proceeding. Ex parte presentations are permitted, except during the
Sunshine Agenda period, provided they are disclosed pursuant to the
Commission's Rules.
B. Comment Dates
3. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before June 6, 2006, and reply comments on or before
July 6, 2006. Comments may be filed using: (1) The Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. Electronic Filers:
Comments may be filed electronically using the Internet by accessing
the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the
instructions provided on the website for submitting comments. For ECFS
filers, if multiple docket or rulemaking numbers appear in the caption
of this proceeding, filers must transmit one electronic copy of the
comments for each docket or rulemaking number referenced in the
caption. In completing the transmittal screen, filers 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 Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response. Paper Filers: 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 appears in the caption of
this proceeding, filers 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). All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission. The Commission's
contractor 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, Express, and Priority mail should be addressed to 445 12th
Street, SW., Washington DC 20554. People with Disabilities: To request
materials in accessible formats for people with disabilities (Braille,
large print, electronic files, audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (tty).
C. Paperwork Reduction Act
4. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
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, see 44 U.S.C. 3506
(c)(4).
II. Initial Regulatory Flexibility Analysis
5. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and rules proposed in the Eighth Notice of Proposed Rule
Making (Eighth NPRM). Written public comments are requested regarding
this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments on the Eighth Notice
provided in the first page of the document. The Commission will send a
copy of the Eighth Notice, including this IRFA, to the Chief Counsel
for Advocacy of the Small Business Administration.
A. Need for, and Objectives of, the Proposed Rules
6. The Eighth NPRM seeks to promote effective public safety
communications and innovation in wireless services in support of public
safety and homeland security. Pursuant to Congressional directive, the
Commission reallocated twenty-four megahertz of spectrum in the Upper
700 MHz Band to meet the communications needs of public safety. In many
areas of the United States this public safety spectrum is encumbered by
incumbent television stations. In January 1999 the Commission chartered
a federal advisory committee, the Public Safety National Coordination
Committee (NCC), to advise the Commission on service rules for the 700
MHz Public Safety Band, which the Commission had divided into
narrowband voice and data channels and wideband data channels,
[[Page 17788]]
with designated interoperability channels in each of these band
segments. Pursuant to the NCC's recommendations, the Commission adopted
the ANSI 102 (Project 25 Phase I) suite of standards for the narrowband
interoperability channels. In July 2003, the NCC concluded its work
with a final set of recommendations, including the ANSI 102 Scalable
Adaptive Modulation (SAM) wideband data interoperability standard. On
January 5, 2005, the Commission adopted a Seventh Notice of Proposed
Rulemaking (70 FR 21726, April 27, 2005) in this proceeding which
sought comment on the NCC's recommendation of the SAM standard and
inquired whether all wideband radios should be capable of using the SAM
standard on the wideband interoperability channels, independent of the
technical standards used by such radios on the non-interoperability
wideband data channels.
7. The Eighth NPRM seeks comment on advanced data transmission
technologies which may not have been fully developed and commercially
viable at the time that the NCC made its final recommendations, and
which may prove more suitable to public safety's data transmission
requirements. The potential benefits of these broadband technologies
were raised in a November 18, 2005 filing by the National Public Safety
Telecommunications Council (NPSTC) which urged ``the Commission to
review through a notice of proposed rulemaking, how [the 700 MHz
wideband and reserve channels] could be used to promote broadband
access.'' The use of broadband applications in the 700 MHz Public
Safety Band was subsequently addressed by the Chairman of the FCC in a
December 19, 2005 Report to Congress pursuant to Section 7502 of the
Intelligence Reform Act. Therein, it was stated that ``the Commission
will expeditiously examine and analyze whether certain channels within
the current allocation of twenty-four megahertz of public safety
spectrum in the 700 MHz band could be modified to accommodate broadband
communications.''
8. Consistent with national priorities focusing on homeland
security and broadband, and the Commission's commitment to ensure that
emergency first responders have access to reliable and interoperable
communications, the Eighth NPRM will allow the Commission to compile a
record with up-to-date information regarding the state of today's
broadband technologies in an effort to determine whether there is a
need for changes to the current 700 MHz public safety band plan. The
Eighth NPRM is intended to explore opportunities to promote spectrum
access for a variety of new broadband applications while ensuring
reliable, interference-free, and interoperable communications. The
Eighth Notice also seeks to promote flexibility by seeking comment on
providing a regulatory framework in which public safety entities can
pursue broadband and/or wideband options in support of homeland
security and protection of life and property. Further, the Eighth
Notice seeks to refresh the record developed in response to the Seventh
Notice of Proposed Rulemaking in this proceeding, which addressed the
issue of whether there is a continuing need for wideband data
interoperability. Finally, the Commission seeks comment on whether to
adopt the SAM wideband data interoperability standard.
9. The first option is to modify the band plan to combine the
wideband general use, interoperability and reserve channels, channelize
these channels at 50 kHz, allow Regional Planning Committees (RPCs) to
combine these channels to provide wideband or broadband operations in
order to meet regional needs, and establish guard bands to protect
narrowband operations from interference. Under this proposal, Motorola
suggests that a total of 3.1 MHz of spectrum could be deployed for
broadband operations and that a total of two megahertz (1 MHz paired)
be dedicated as guard bands while maintaining eighteen 50 kHz wideband
interoperability channels. Motorola recommends that all wideband
interoperability and broadband radios support the SAM standard.
10. Under the second option, NPSTC suggests that RPCs should have
the flexibility of combining 50 kHz channels to create one to three
1.25 MHz broadband channels (3.75 MHz total). NPSTC also suggests a
smaller guard band allocation of 1.95 megahertz (two .950 MHz guard
bands paired) and that RPCs have flexibility in managing wideband
interoperability channels.
11. The third option, offered by Lucent, involves combining the
wideband general use, interoperability and reserve channels to create
three 1.25 MHz broadband channels (3.75 MHz total) and two 1.125 MHz
guard bands (2.25 MHz total). Lucent suggests the Commission abandon
the concept of wideband interoperability.
B. Legal Basis for Proposed Rules
12. The potential actions on which comment is sought in this Notice
would be authorized under Sections 1, 4(i), 7, 301, 302, 303, and 337
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i),
157, 301, 302, 303, 337.
C. Description and Estimate of the Number of Small Entities to Which
the 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 rules 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 Small Business
Administration (SBA). 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.
D. Governmental Entities
14. The term ``small governmental jurisdiction'' is defined as
``governments of cities, towns, townships, villages, school districts,
or special districts, with a population of less than fifty thousand.''
As of 1997, there were approximately 87,453 governmental jurisdictions
in the United States. This number includes 39,044 county governments,
municipalities, and townships, of which 37,546 (approximately 96.2%)
have populations of fewer than 50,000, and of which 1,498 have
populations of 50,000 or more. Thus, we estimate the number of small
governmental jurisdictions overall to be 84,098 or fewer.
E. Public Safety Radio Licensees
15. As a general matter, Public Safety Radio licensees include
police, fire, local government, forestry conservation, highway
maintenance, and emergency medical services. The SBA rules contain a
definition for cellular and other wireless telecommunications companies
which encompass business entities engaged in radiotelephone
communications employing no more that 1,500 persons. There is a total
of approximately 127,540 licensees within these services. With respect
to local governments, in particular, since many governmental entities
as well as private businesses comprise the licensees for these
services, we include under public
[[Page 17789]]
safety services the number of government entities affected.
F. Wireless Communications Equipment Manufacturers
16. The SBA has established a small business size standard for
radio and television broadcasting and wireless communications equipment
manufacturing. Under the standard, firms are considered small if they
have 750 or fewer employees. Census Bureau data for 1997 indicates
that, for that year, there were a total of 1,215 establishments in this
category. Of those, there were 1,150 that had employment under 500, and
an additional 37 that had employment of 500 to 999. The Commission
estimates that the majority of wireless communications equipment
manufacturers are small businesses.
G. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
17. The Eighth NPRM does not propose a rule that will entail
reporting, recordkeeping, and/or third-party consultation.
H. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
18. 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.
19. To assist the Commission in its analysis, commenters are
requested to provide information regarding which public safety entities
and manufacturers would be affected by the proposed changes to the 700
MHz public safety band plan as described in the Eighth NPRM. In
particular, we seek estimates of how many small entities might be
affected and whether any of the proposals under consideration would be
too burdensome to public safety.
20. In the Eighth NPRM, we seek data demonstrating the costs and
benefits of modifying the 700 MHz band to accommodate public safety
broadband operations. We have received three proposals for modifying
the 700 MHz wideband segment to accommodate broadband. Under our
current rules, wideband general use and interoperability channels may
be aggregated to 150 kHz channels and conform to a data rate of 384
kilo bits per second (kbps). Public safety entities wish to explore
aggregation above 150 kHz in order to achieve applications requiring
higher data rates. Pursuant to the proposed band plans, the wideband
channels would be combined to permit aggregation up to 1.25 MHz. Some
proponents of broadband advocate allowing public safety Regional
Planning Committees increased flexibility to administer the wideband
spectrum to meet communications needs on a regional basis. Increasing
bandwidth, however, decreases the number of channels that can be used
and may also impact public safety communications coverage, reliability
and infrastructure costs as well as increase the risk of interference
to narrowband voice operations. Accordingly, we seek comment on the
costs and benefits of modifying the existing wideband plan to
accommodate broadband communications and ask commenters to identify
public safety broadband applications that can be deployed in a modified
700 MHz wideband band plan.
21. Commenters are asked to address to what extent the proposed SAM
wideband data interoperability standard would affect the ability of
small entities to acquire wideband and/or broadband radios, as well as
serve the objectives of interoperability in a broadband environment.
Under the current rules, the wideband interoperability channels are not
available for licensing, and wideband general use radios are not
required to operate on the wideband interoperability channels. In the
Seventh Notice of Proposed Rulemaking, the Commission sought comment on
adopting a wideband data interoperability standard known as ``SAM''
(TIA-902, Scalable Adaptive Modulation), and requiring wideband general
use radios have the capability of operating on the wideband
interoperability channels using SAM. The possible adoption of a
wideband data interoperability standard would potentially require all
public safety 700 MHz wideband and broadband radios to incorporate the
SAM standard for use on the wideband data interoperability channels.
Thus we seek comment on the technical, operational and cost factors
associated with such a requirement. However if we decline to adopt the
SAM standard, manufacturers would be free to implement other
technologies, incompatible with the SAM standard, which arguably would
be a lesser regulatory burden on governmental entities and
manufacturers, but which may impact data interoperability. One
commenter suggests we abandon the concept of wideband interoperability,
while another suggests adopting the SAM standard on a permissive basis.
Accordingly, we ask commenters to address the objectives of
interoperability in a modified band plan and what measures, if any,
should be taken to promote interoperability in a broadband environment,
as well as refresh the record regarding the SAM standard.
22. We have also sought comment on proposals to minimize the
burdens of interference management on public safety entities while
promoting efficient use of the spectrum. Under the proposed broadband
plans, approximately two megahertz of wideband spectrum would be
dedicated to guard bands in an effort to protect public safety
narrowband voice operations. We seek comment on this proposal and ask
commenters to identify alternative means to protect narrowband voice
operations while making efficient use of the proposed guard band
spectrum. We also ask commeters to address whether the SAM standard
could be modified to permit efficient use of the proposed guard band
spectrum.
23. We also seek comment on our tentative conclusion not to modify
the 700 MHz narrowband voice segment in light of the significant
efforts made by public safety in planning for use of this spectrum. We
will continue to examine alternatives in the future with the objectives
of eliminating unnecessary regulations and minimizing any significant
economic impact on small entities. We seek comment on significant
alternatives commenters believe we should adopt.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
24. None.
III. Ordering Clauses
25. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Eighth Notice
of Proposed Rulemaking, including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
[[Page 17790]]
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6-5108 Filed 4-6-06; 8:45 am]
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