Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010, 21726-21728 [05-8203]
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21726
Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Proposed Rules
Comments must be filed on or
before May 31, 2005, and reply
comments on or before June 14, 2005.
DATES:
Secretary, Federal
Communications Commission, 445 12th
Street, SW., Room TW–A325,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve
Petitioner’s counsel, as follows: Stephen
Diaz Gavin, Esq, Patton Boggs LLP; 2550
M Street, NW.; Washington, DC 20037.
ADDRESSES:
R.
Barthen Gorman, Media Bureau, (202)
418–2180.
FOR FURTHER INFORMATION CONTACT:
This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
05–162, adopted April 6, 2005 and
released April 8, 2005. The full text of
this Commission decision is available
for inspection and copying during
regular business hours in the FCC’s
Reference Information Center at Portals
II, 445 12th Street, SW., CY–A257,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed 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).
FM Station WWOD was granted a
license to specify operation on Channel
282C3 in lieu of Channel 282A at
Hartford, Vermont. (See BLH–
19960919KA.) The FM Table of
Allotments does not reflect this change.
The provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
SUPPLEMENTARY INFORMATION:
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List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, and
336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under New Hampshire, is
amended by adding Enfield, Channel
282A.
3. Section 73.202(b), the Table of FM
allotments under New York, is amended
by removing Channel 231A and adding
Channel 282C3 at Keeseville; and
adding Morrisonville, Channel 231A.
4. Section 73.202(b), the Table of FM
Allotments under Vermont, is amended
by removing Channel 282A and adding
Channel 237A at Hartford; removing
White River Junction, Channel 237A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 05–8207 Filed 4–26–05; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 96–86; FCC 05–9]
Development of Operational, Technical
and Spectrum Requirements for
Meeting Federal, State and Local
Public Safety Communication
Requirements Through the Year 2010
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In this document the
Commission seeks comment on various
proposals governing both technical and
operational rules in the 764–776 MHz
and 794–806 MHz public safety bands
(700 MHz Public Safety Band).
DATES: Written comments are due on or
before May 27, 2005, and reply
comments are due on or before June 13,
2005.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. Comments may
be filed using the Commission’s
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Electronic Comment Filing System
(ECFS) or by filing paper copies. See
SUPPLEMENTARY INFORMATION for further
filing instructions.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety
and Critical Infrastructure Division,
Wireless Telecommunications Bureau,
(202) 418–0680, or TTY (202) 418–7233.
Legal Information: Roberto Mussenden,
Esq., Roberto.Mussenden@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 Seventh
Notice of Proposed Rulemaking, FCC
05–9, adopted January 5, 2005 and
released on January 7, 2005. 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, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://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
Brian.Millin@fcc.gov.
1. In the Seventh Notice of Proposed
Rulemaking, the Commission seeks
comment on:
(a) A proposal made by the Private
Radio Section of the Wireless
Communications Division of the
Telecommunications Industry
Association (TIA-PRS) to:
• Adopt tables describing ACP limits
for 50 kHz and 100 kHz wideband
operations;
• Relax the ACP requirement in the
paired receive band for wideband and
narrowband base station transmitters;
and
• Extend the ACP limits to the 700
MHz Guard Band channels.
(b) A proposal by Access Spectrum,
LLC (Access Spectrum) that the
Commission clarify that the 700 MHz
Guard Band ACP limits apply only at
the boundaries of the 700 MHz Guard
Band’s licensee’s authorized allocation.
(c) A proposal by Access Spectrum
that the Commission establish scalable
ACP limits which would apply to
operations at any bandwidth;
(d) A joint proposal from Nortel/
EADS Telecom North America that the
Commission adjust the ACP limits for
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Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Proposed Rules
12.5 kHz bandwidth operations in order
to permit use of more spectrally efficient
technologies;
(e) Proposals made by the Public
Safety National Coordination Committee
(NCC) asking that the Commission:
• Adopt a 700 MHz wideband data
standard;
• Require wideband mobile and
portable radios be capable of operating
on all the wideband interoperability
channels using the wideband data
standard;
• Update the interoperability
standards set forth at Section 90.548 of
the Commission’s rules to reflect
updated industry standards;
• Update the encryption standards set
forth at Section 90.553(e) of the
Commission’s rules to reflect updated
industry standards; and
• Adopt minimum signal strength
design criteria for public safety systems
operating in the 700 MHz Public Safety
Band.
(f) A tentative conclusion not to adopt
the following NCC proposals:
• Requiring the use of standard
channel nomenclature for
interoperability channels;
• Requiring mobile and portable units
certificated for use under part 90 of the
rules be capable of displaying
standardized interoperability channel
labels alphanumerically if the radios are
equipped with alphanumeric displays;
• Revising the term ‘‘State
Interoperability Executive Committee’’
to ‘‘Statewide Interoperability Executive
Committee’’;
• Mandating the use of State
Interoperability Executive Committees;
and extend their jurisdiction to
interoperability channels in all public
safety bands; and
• Making certain procedural changes
to the Commission’s review of 700 MHz
regional plans;
(g) Clarifications to the trunking
requirement of Section 90.537 of the
Commission’s rules.
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 as
provided in the Commission’s rules.
B. Filing Procedures
3. Pursuant to sections 1.415 and
1.419 of the Commission’s rules,
interested parties may file comments on
the Seventh Notice of Proposed
Rulemaking on or before May 27, 2005,
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and reply comments on or before June
13, 2005. Comments and reply
comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS) or by filing paper
copies. All relevant and timely
comments will be considered by the
Commission before final action is taken
in this proceeding.
4. Comments filed through the ECFS
can be sent as an electronic file via the
Internet to https://www.fcc.gov/e-file/
ecfs.html. In completing the transmittal
screen, commenters should include
their full name, postal service mailing
address, and the applicable docket
number. Parties may also submit an
electronic comment by e-mail via the
Internet. 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.
5. Parties who choose to file by paper
must file an original and four copies of
each filing. If parties want each
Commissioner to receive a personal
copy of their comments, they must file
an original plus nine copies. All filings
must be sent to the Commission’s
Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications
Commission, 445 12th Street, SW.,
Room TW–A325, Washington, DC
20554. One copy of each filing (together
with a diskette copy, as indicated
below) should also be sent to the
Commission’s copy contractor, Best
Copy and Printing, Inc. (BCPI), Portals
II, 445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160.
6. Parties who choose to file by paper
should also submit their comments on
diskette. These diskettes should be
attached to the original paper filing
submitted to the Office of the Secretary.
Such a submission should be on a 3.5
inch diskette formatted in an IBM
compatible format using MicrosoftTM
Word 2002 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, 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. In
addition, commenters should send
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21727
diskette copies to the Commission’s
copy contractor, Best Copy and Printing,
Inc. (BCPI), Portals II, 445 12th Street,
SW., Room CY–B402, Washington, DC
20554, telephone 1–800–378–3160.
7. The public may view the
documents filed in this proceeding
during regular business hours in the
FCC Reference Information Center,
Federal Communications Commission,
445 12th Street, SW., Room CY–A257,
Washington, D C 20554, and on the
Commission’s Internet Home Page:
https://www.fcc.gov. Copies of comments
and reply comments are also available
through the Commission’s duplicating
contractor: Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 1–800–378–3160, or via email at the following e-mail address:
https://www.bcpiweb.com. Accessible
formats (computer diskettes, large print,
audio recording and Braille) are
available to persons with disabilities by
contacting Brian Millin, of the
Consumer & Governmental Affairs
Bureau, at (202) 418–7426, TTY (202)
418–7365, or at bmillin@fcc.gov. For
further information, contact Mr. Brian
Marenco at (202) 418–0838,
brian.marenco@fcc.gov, Public Safety
and Critical Infrastructure Division,
Wireless Telecommunications Bureau.
C. Initial Regulatory Flexibility Analysis
8. As required by the Regulatory
Flexibility Act (RFA), the Commission
has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
small entities of the policies and rules
proposed in this Seventh Notice of
Proposed Rulemaking. 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
Seventh Notice of Proposed Rulemaking
provided in paragraph 3. The
Commission will send a copy of the
Seventh Notice of Proposed
Rulemaking, including this IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration. In addition,
the Seventh Notice and Proposed
Rulemaking and IRFA (or summaries
thereof) will be published in the Federal
Register.
Need for, and Objectives of, the
Proposed Rules
9. In the Seventh Notice and Proposed
Rulemaking, we seek comment on:
• The TIA–PRS proposal
recommending:
—Adopting tables describing ACP limits
for 50 kHz and 100 kHz wideband
operations;
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Federal Register / Vol. 70, No. 80 / Wednesday, April 27, 2005 / Proposed Rules
—Relaxing the ACP requirement in the
paired receive band for wideband and
narrowband base station transmitters;
and
—Extending the above mentioned rules
to the 700 MHz Guard Band channels.
• The proposal by Access Spectrum
that the Commission clarify that the 700
MHz Guard Band emission
requirements masks only at the
boundaries of the 700 MHz Guard
Band’s licensee’s authorized allocation.
• The joint proposal from Nortel/EDS
that the Commission adopts ACP
requirements that correspond to any
authorized bandwidth.
• The proposals by National
Coordination Committee (NCC) that the
Commission:
—Adopt a 700 MHz wideband standard;
—Update the interoperability standards
set forth at Section 90.548 of the
Commission’s rules;
—Update the encryption standards set
forth at Section 90.535(e) of the
Commission’s rules; and
—Adopt minimum signal strength
requirements for public safety systems
operating in the 700 MHz Public
Safety band.
Legal Basis
10. Authority for issuance of this item
is contained in 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.
Description and Estimate of the Number
of Small Entities To Which the Rules
Will Apply
11. 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-forprofit 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. Below, we further
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describe and estimate the number of
small entity licensees and regulatees
that may be affected by the proposed
rules, if adopted.
12. Governmental Entities. 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.
13. Public Safety Radio Licensees. As
a general matter, Public Safety Radio
Pool 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 encompasses 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. 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
safety services the number of
government entities affected.
14. Wireless Communications
Equipment Manufacturers. 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.
Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
15. This Seventh Notice of Proposed
Rulemaking does not propose a rule that
will entail reporting, recordkeeping,
and/or third-party consultation. The
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rule changes proposed in the Seventh
Notice of Proposed Rulemaking provide
technical adjustments to the
Commission’s existing requirements for
Adjacent Channel Power or update the
Commission’s existing requirements to
reference the latest industry standards.
Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
16. 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. We believe the rule
changes contained in this Seventh
Notice of Proposed Rulemaking are
technologically neutral and do not
impact small entities differently than
large entities.
Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
17. None.
II. Ordering Clauses
18. Pursuant to applicable procedures
set forth in Sections 1.415 and 1.419 of
the Commission’s Rules, 47 CFR 1.415,
1.419; interested parties may file
comments on the Seventh Notice of
Proposed Rulemaking on or before May
27, 2005, and reply comments on or
before June 13, 2005.
19. It is further ordered, that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Seventh Notice of Proposed
Rulemaking including the Initial
Regulatory Flexibility Analysis to the
Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05–8203 Filed 4–26–05; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 70, Number 80 (Wednesday, April 27, 2005)]
[Proposed Rules]
[Pages 21726-21728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8203]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 96-86; FCC 05-9]
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.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission seeks comment on various
proposals governing both technical and operational rules in the 764-776
MHz and 794-806 MHz public safety bands (700 MHz Public Safety Band).
DATES: Written comments are due on or before May 27, 2005, and reply
comments are due on or before June 13, 2005.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS) or by filing paper copies. See
SUPPLEMENTARY INFORMATION for further filing instructions.
FOR FURTHER INFORMATION CONTACT: Technical Information: Brian Marenco,
Brian.Marenco@FCC.gov, Public Safety and Critical Infrastructure
Division, Wireless Telecommunications Bureau, (202) 418-0680, or TTY
(202) 418-7233. Legal Information: Roberto Mussenden, Esq.,
Roberto.Mussenden@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 Seventh Notice of Proposed Rulemaking, FCC
05-9, adopted January 5, 2005 and released on January 7, 2005. 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, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: https://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 Brian.Millin@fcc.gov.
1. In the Seventh Notice of Proposed Rulemaking, the Commission
seeks comment on:
(a) A proposal made by the Private Radio Section of the Wireless
Communications Division of the Telecommunications Industry Association
(TIA-PRS) to:
Adopt tables describing ACP limits for 50 kHz and 100 kHz
wideband operations;
Relax the ACP requirement in the paired receive band for
wideband and narrowband base station transmitters; and
Extend the ACP limits to the 700 MHz Guard Band channels.
(b) A proposal by Access Spectrum, LLC (Access Spectrum) that the
Commission clarify that the 700 MHz Guard Band ACP limits apply only at
the boundaries of the 700 MHz Guard Band's licensee's authorized
allocation.
(c) A proposal by Access Spectrum that the Commission establish
scalable ACP limits which would apply to operations at any bandwidth;
(d) A joint proposal from Nortel/EADS Telecom North America that
the Commission adjust the ACP limits for
[[Page 21727]]
12.5 kHz bandwidth operations in order to permit use of more spectrally
efficient technologies;
(e) Proposals made by the Public Safety National Coordination
Committee (NCC) asking that the Commission:
Adopt a 700 MHz wideband data standard;
Require wideband mobile and portable radios be capable of
operating on all the wideband interoperability channels using the
wideband data standard;
Update the interoperability standards set forth at Section
90.548 of the Commission's rules to reflect updated industry standards;
Update the encryption standards set forth at Section
90.553(e) of the Commission's rules to reflect updated industry
standards; and
Adopt minimum signal strength design criteria for public
safety systems operating in the 700 MHz Public Safety Band.
(f) A tentative conclusion not to adopt the following NCC
proposals:
Requiring the use of standard channel nomenclature for
interoperability channels;
Requiring mobile and portable units certificated for use
under part 90 of the rules be capable of displaying standardized
interoperability channel labels alphanumerically if the radios are
equipped with alphanumeric displays;
Revising the term ``State Interoperability Executive
Committee'' to ``Statewide Interoperability Executive Committee'';
Mandating the use of State Interoperability Executive
Committees; and extend their jurisdiction to interoperability channels
in all public safety bands; and
Making certain procedural changes to the Commission's
review of 700 MHz regional plans;
(g) Clarifications to the trunking requirement of Section 90.537 of
the Commission's rules.
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 as provided in the
Commission's rules.
B. Filing Procedures
3. Pursuant to sections 1.415 and 1.419 of the Commission's rules,
interested parties may file comments on the Seventh Notice of Proposed
Rulemaking on or before May 27, 2005, and reply comments on or before
June 13, 2005. Comments and reply comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies. All relevant and timely comments will be considered by the
Commission before final action is taken in this proceeding.
4. Comments filed through the ECFS can be sent as an electronic
file via the Internet to https://www.fcc.gov/e-file/ecfs.html. In
completing the transmittal screen, commenters should include their full
name, postal service mailing address, and the applicable docket number.
Parties may also submit an electronic comment by e-mail via the
Internet. 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.
5. Parties who choose to file by paper must file an original and
four copies of each filing. If parties want each Commissioner to
receive a personal copy of their comments, they must file an original
plus nine copies. All filings must be sent to the Commission's
Secretary, Marlene H. Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th Street, SW., Room TW-A325,
Washington, DC 20554. One copy of each filing (together with a diskette
copy, as indicated below) should also be sent to the Commission's copy
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th
Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-
3160.
6. Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be attached to the
original paper filing submitted to the Office of the Secretary. Such a
submission should be on a 3.5 inch diskette formatted in an IBM
compatible format using Microsoft\TM\ Word 2002 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, 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. In addition, commenters should send diskette copies to the
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone 1-800-378-3160.
7. The public may view the documents filed in this proceeding
during regular business hours in the FCC Reference Information Center,
Federal Communications Commission, 445 12th Street, SW., Room CY-A257,
Washington, D C 20554, and on the Commission's Internet Home Page:
https://www.fcc.gov. Copies of comments and reply comments are also
available through the Commission's duplicating contractor: Best Copy
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail at
the following e-mail address: https://www.bcpiweb.com. Accessible
formats (computer diskettes, large print, audio recording and Braille)
are available to persons with disabilities by contacting Brian Millin,
of the Consumer & Governmental Affairs Bureau, at (202) 418-7426, TTY
(202) 418-7365, or at bmillin@fcc.gov. For further information, contact
Mr. Brian Marenco at (202) 418-0838, brian.marenco@fcc.gov, Public
Safety and Critical Infrastructure Division, Wireless
Telecommunications Bureau.
C. Initial Regulatory Flexibility Analysis
8. As required by the Regulatory Flexibility Act (RFA), the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and rules proposed in this Seventh Notice of Proposed
Rulemaking. 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 Seventh Notice of Proposed
Rulemaking provided in paragraph 3. The Commission will send a copy of
the Seventh Notice of Proposed Rulemaking, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration. In
addition, the Seventh Notice and Proposed Rulemaking and IRFA (or
summaries thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
9. In the Seventh Notice and Proposed Rulemaking, we seek comment
on:
The TIA-PRS proposal recommending:
--Adopting tables describing ACP limits for 50 kHz and 100 kHz wideband
operations;
[[Page 21728]]
--Relaxing the ACP requirement in the paired receive band for wideband
and narrowband base station transmitters; and
--Extending the above mentioned rules to the 700 MHz Guard Band
channels.
The proposal by Access Spectrum that the Commission
clarify that the 700 MHz Guard Band emission requirements masks only at
the boundaries of the 700 MHz Guard Band's licensee's authorized
allocation.
The joint proposal from Nortel/EDS that the Commission
adopts ACP requirements that correspond to any authorized bandwidth.
The proposals by National Coordination Committee (NCC)
that the Commission:
--Adopt a 700 MHz wideband standard;
--Update the interoperability standards set forth at Section 90.548 of
the Commission's rules;
--Update the encryption standards set forth at Section 90.535(e) of the
Commission's rules; and
--Adopt minimum signal strength requirements for public safety systems
operating in the 700 MHz Public Safety band.
Legal Basis
10. Authority for issuance of this item is contained in 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.
Description and Estimate of the Number of Small Entities To Which the
Rules Will Apply
11. 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. Below, we further describe
and estimate the number of small entity licensees and regulatees that
may be affected by the proposed rules, if adopted.
12. Governmental Entities. 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.
13. Public Safety Radio Licensees. As a general matter, Public
Safety Radio Pool 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 encompasses 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. 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 safety services the number of government entities affected.
14. Wireless Communications Equipment Manufacturers. 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.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
15. This Seventh Notice of Proposed Rulemaking does not propose a
rule that will entail reporting, recordkeeping, and/or third-party
consultation. The rule changes proposed in the Seventh Notice of
Proposed Rulemaking provide technical adjustments to the Commission's
existing requirements for Adjacent Channel Power or update the
Commission's existing requirements to reference the latest industry
standards.
Steps Taken To Minimize Significant Economic Impact on Small Entities
and Significant Alternatives Considered
16. 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. We believe the rule changes contained in this Seventh Notice
of Proposed Rulemaking are technologically neutral and do not impact
small entities differently than large entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
17. None.
II. Ordering Clauses
18. Pursuant to applicable procedures set forth in Sections 1.415
and 1.419 of the Commission's Rules, 47 CFR 1.415, 1.419; interested
parties may file comments on the Seventh Notice of Proposed Rulemaking
on or before May 27, 2005, and reply comments on or before June 13,
2005.
19. It is further ordered, that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Seventh Notice of Proposed Rulemaking including the
Initial Regulatory Flexibility Analysis to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-8203 Filed 4-26-05; 8:45 am]
BILLING CODE 6712-01-P