[Federal Register: June 15, 2005 (Volume 70, Number 114)]
[Proposed Rules]
[Page 34726-34729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn05-30]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 99-87; RM-9332; FCC 04-292]
Promotion of Spectrum Efficient Technologies on Certain
Frequencies
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comments on whether to
defer or eliminate the requirement in the rules that certain
applications for equipment authorization received on or after January
1, 2005, specify 6.24 kHz capability.
DATES: Submit comments on or before August 15, 2005, and reply comments
are due on or before September 13, 2005.
FOR FURTHER INFORMATION CONTACT: Rodney Conway, Rodney.Conway@fcc.gov,
Public Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau, (202) 418-0680, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Third Further Notice of Proposed Rule
Making (3rd Further NPRM), FCC 04-292, adopted on December 20, 2004,
and released on December 23, 2004. The full
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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
FCC's copy contractor, Best Copy and Printing, Inc., 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 the Second Further Notice of Proposed Rule Making (2nd
Further NPRM) in this proceeding (68 FR 42337, July 17, 2003), the
Commission sought comment on whether it should adopt measures to
facilitate the migration to 6.25 kHz operations. In comments to the
(2nd Further NPRM) and in separate pleadings, parties argued that the
Commission should eliminate or, in the alternative, defer, the
requirement in 47 CFR 90.203(j)(5) that equipment approval applications
received on or after January 1, 2005 for equipment operating in the
150-174 MHz and/or 421-512 MHz bands must either be capable of
operating on 6.25 kHz channels or meet a narrowband efficiency standard
of one channel per 6.25 kHz (voice) or 4800 bits per second per 6.25
kHz (data).
2. Because these pleadings raise an issue beyond but connected to
the Commission's inquiry in the 2nd Further NPRM, the 3rd Further NPRM
seeks comment on this proposal. Specifically, it seeks comment on the
petitioners' assumption that the current rule would place onerous
burdens on manufacturers and jeopardize the promotion of
interoperability between users in the absence of a 6.25 kHz equivalent
efficiency standard. It also seeks comment on whether the question
hinges on a distinction between equipment-based technologies that are
specifically manufactured to utilize 6.25 kHz channel bandwidth as
opposed to reconfigured 12.5 kHz equipment or software-defined 12.5 kHz
equipment made capable of operating on channel bandwidths with an
equivalent efficiency of 6.25 kHz. In the absence of a single,
equipment-based 6.25 kHz technology standard, would the deployment of
non-standardized equipment capable of utilizing 6.25 kHz efficiency
channel bandwidths significantly hamper interoperability? The
Commission seeks comment on these and any other related issues, but
emphasizes that it is not reopening the record for comments regarding
the broader issues raised in the 2nd Further NPRM regarding migration
to 6.25 kHz technology.
3. For Commission licensees operating in the Federal Government
bands 150.05-150.8 MHz, 162.0125-173.2 MHz, and 173.4-174 MHz, we
recognize that a separate ongoing proceeding--ET Docket No. 04-243--is
addressing whether different narrowbanding requirements are needed to
account for the Federal Government's own narrowbanding plans in those
bands. Accordingly, we defer decisions with respect to those bands to
that proceeding.
I. Procedural Matters
A. Ex Parte Rules--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, provided they are disclosed as provided in the
Commission's rules.
B. Comment Dates
5. Pursuant to Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments on or before
August 15, 2005, and reply comments on or before September 13, 2005.
Comments may be filed using the Commission's Electronic Comment Filing
System (ECFS) or by filing paper copies.
6. 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, 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 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 appears in the caption of this proceeding, commenters must
submit two additional copies for each additional docket or rulemaking
number. All filings must be addressed to the Commission's Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12th St., SW., Washington, DC 20554. Filings can be
sent first class by the U.S. Postal Service, by an overnight courier or
hand and message-delivered. Hand and message-delivered paper filings
must be delivered to 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC 20002. Filings delivered by overnight courier (other
than U.S. Postal Service Express Mail and Priority Mail) must be sent
to 9300 East Hampton Drive, Capitol Heights, MD 20743.
7. Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be submitted to: Rodney
Conway, Wireless Telecommunications Bureau, 445 12th St., SW., Room 3-
C405, Washington, DC 20554. Such a submission should be on a 3.5 inch
diskette formatted in an IBM compatible format using Microsoft Word or
compatible software. The diskette should be accompanied by a cover
letter and should be submitted in ``read only'' mode. The diskette
should be clearly labeled with the commenter's name, proceeding
(including the docket number in this case, WT Docket No. 99-87), type
of pleading (comment or reply comment), date of submission, and the
name of the electronic file on the diskette. The label should also
include the following phrase ``Disk Copy--Not an Original.'' Each
diskette should contain only one party's pleadings, preferably in a
single electronic file. In addition, commenters should send diskette
copies to the Commission's copy contractor, Best Copy and Printing,
Inc., 445 12th St., SW., Room CY-B402, Washington, DC 20554.
C. Paperwork Reduction Act
8. 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. Regulatory Flexibility Act Analysis
9. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in this Third Further
Notice of Proposed Rule Making (3rd Further NPRM). Written public
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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 this Further NPRM provided above in para. 5, supra. The Commission
will send a copy of the 3rd Further NPRM, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration (SBA).
In addition, the 3rd Further NPRM and IRFA (or summaries thereof) will
be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
10. The purpose of this 3rd Further NPRM is to determine whether it
would be in the public interest, convenience, and necessity to amend
our rules governing private land mobile radio licensees in the 150-174
MHz and 421-512 MHz bands to modify or eliminate the requirement in
Sec. 90.203(j)(5) of the Commission's rules that require applications
for certification of equipment received on or after January 1, 2005
operating with a 25 kHz bandwidth only to the extent that the equipment
meets the spectrum efficiency standard of one channel per 6.25 kHz of
channel bandwidth (voice) or 4800 bits per second per 6.25 kHz (data).
Legal Basis
11. Authority for issuance of this 3rd Further NPRM is contained in
sections 4(i), 303(r), and 332(a)(2) of the Communications Act of 1934,
as amended.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
12. 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. Under the RFA, small
entities may include small organizations, small businesses, and small
governmental jurisdictions. The RFA generally defines the term ``small
business'' as having 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. 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.
13. The proposed rule amendments may affect users of Public Safety
Radio Pool services and private radio licensees that are regulated
under part 90 of the Commission's rules, and may also affect
manufacturers of radio equipment. An analysis of the number of small
entities affected follows.
14. Public safety services and Governmental entities. Public safety
radio services include police, fire, local governments, forestry
conservation, highway maintenance, and emergency medical services. The
SBA rules contain a definition for small radiotelephone (wireless)
companies that encompass business entities engaged in radiotelephone
communications employing no more that 1,500 persons. There are a total
of approximately 127,540 licensees within these services. Governmental
entities as well as private businesses comprise the licensees for these
services. The RFA also includes small governmental entities as a part
of the regulatory flexibility analysis. ``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
96 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, the
Commission estimates that 81,600 (96 percent) are small entities.
15. Estimates for PLMR Licensees. Private land mobile radio 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 radiotelephone
(wireless) companies. Included in this definition are business entities
engaged in radiotelephone communications employing no more that 1,500
persons. Entities engaged in telegraph and other message communications
with no more than $5 million in annual receipts also qualify as small
business concerns. According to the Bureau of the Census, only twelve
radiotelephone firms of a total of 1,178 such firms which operated
during 1992 had 1,000 or more employees. For the purpose of determining
whether a licensee is a small business as defined by the SBA, each
licensee would need to be evaluated within its own business area. 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.
16. 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.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
17. This 3rd Further NPRM stays the January 1, 2005 date in Sec.
90.203(j)(5) of the Commission's rules pending resolution of the issues
presented in the 2nd Further NPRM and the Petition to Defer. Therefore,
the 3rd Further NPRM removes any administrative or recordkeeping
burdens associated with the requirement that applications for
certification of equipment received on or after January 1, 2005
operating with a 25 kHz bandwidth will be permitted only to the extent
that the equipment meets the spectrum efficiency standard of one
channel per 6.25 kHz of channel bandwidth (voice) or 4800 bits per
second per 6.25 kHz (data) pursuant to Sec. 90.203 (j)(5) of the
Commission's rules.
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
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coverage of the rule or any part thereof for small entities.
19. The objective in the Refarming proceeding was to provide a
means to transition licensees to 6.25 kHz technology. Migration to 12.5
kHz technology was viewed as a stepping stone to operation at 6.25 kHz
technology. However, requiring the use of 6.25 kHz technology by a date
certain could impact some small entities requiring them to upgrade
their communications systems before they would otherwise do so. An
alternative would be to maintain the current rules, which are intended
to foster migration to narrowband technology by way of progressively
more stringent type certification requirements. We issue this 3rd
Further NPRM to stay the effectiveness of Sec. 90.203(j)(5) of the
Commission's rules and thereby ensure that a January 1, 2005 deadline
would not injure any party while we consider whether a change in the
Commission's rules would benefit small entities and other PLMR
licensees.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
III. Ordering Clauses
20. Pursuant to sections 1, 2, 4(i), 301, 302, and 303 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
301, 302, and 303, and Sec. Sec. 1.421 and 1.425 of the Commission's
rules, 47 CFR 1.421 and 1.425, it is ordered that the Third Further
Notice of Proposed Rule Making is hereby adopted.
21. It is further ordered that the Commission's Consumer
Information Bureau, Reference Information Center, shall send a copy of
this Third Memorandum Opinion and Order, Third Further Notice of
Proposed Rule Making including the Initial Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the U.S. 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 .
[FR Doc. 05-11476 Filed 6-14-05; 8:45 am]
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