Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010, 17786-17790 [E6-5108]
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17786
Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Proposed Rules
(4) Except in cases of emergency
involving danger to life or property, no
vessel engaged in commercial fishing or
shrimping shall anchor in any of the
channels, harbors or lagoons in the
vicinity of Garden Key, Bush Key, or the
surrounding shoals outside of Bird Key
Harbor. Emergencies may include, but
are not limited to, adverse weather
conditions, mechanical failure, medical
emergencies or other public safety
situations.
(f) What vessel operations are
prohibited? The following vessel
operations are prohibited:
(1) Operating a vessel in the Fort
Jefferson Moat;
(2) Operating a vessel above a flat
wake speed in the Garden Key and Bird
Key Harbor areas.
(g) What are the regulations regarding
the discharge of materials in park
waters? (1) The discharge or deposit of
materials or substances of any kind
within the boundaries of the park is
prohibited, except for the following:
(i) Fish, fish parts, chumming
material, or bait used or produced
incidental to and while conducting
recreational fishing activities;
(ii) Graywater from sinks, consisting
of only water and food particles;
(iii) Vessel cooling water, engine
exhaust, or bilge water when not
contaminated by oil or other substances.
(2) The superintendent may impose
further restrictions as necessary to
protect park resources, visitors, or
employees. The public will be notified
of any such requirements through one or
more methods listed in § 1.7 of this
chapter.
(h) What are the permit requirements
in the park? (1) A permit, issued by the
superintendent, is required for all noncommercial vessels for which occupants
are engaged in recreational activities,
including all activities in the RNA.
Permitted recreational activities include
but are not limited to use of mooring
buoys, snorkeling, diving, wildlife
viewing, and photography.
(2) A permit, issued by the
superintendent, is required for a person,
group, institution, or organization
conducting research activities in the
park.
(3) Vessels transiting the park without
interruption shall not require a permit.
(i) How are corals and other
underwater natural features protected in
the park? (1) Taking, possessing,
removing, damaging, touching,
handling, harvesting, disturbing,
standing on, or otherwise injuring coral,
coral formation, seagrass or other living
or dead organisms, including marine
invertebrates, live rock, and shells, is
prohibited.
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(2) Vessel operators are prohibited
from allowing their vessel to strike,
injure, or damage coral, seagrass, or any
other immobile organism attached to the
seabed.
(3) Vessel operators are prohibited
from allowing an anchor, chain, rope or
other mooring device to be cast,
dragged, or placed so as to strike, break,
abrade, or otherwise cause damage to
coral formations, sea grass, or
submerged cultural resources.
(j) What restrictions do I need to know
when on or near shipwrecks found in
the park? No person may destroy,
molest, remove, deface, displace, or
tamper with wrecked or abandoned
vessels of any type or condition, or any
cargo pertaining thereto; and, the
survey, inventory, dismantling, or
recovery of any such wreck or cargo
within the boundaries of the park is
prohibited unless permitted in writing
by the superintendent.
(k) How are aircraft operations
restricted in the park? (1) Landing an
aircraft in Dry Tortugas National Park
may occur only in accordance with a
permit issued by the superintendent
pursuant to § 1.6 of this chapter.
(2) When landing is authorized by
permit, the following requirements also
apply:
(i) Aircraft may be landed on the
waters within a radius of 1 mile of
Garden Key, but a landing or takeoff
may not be made within 500 feet of
Garden Key, or within 500 feet of Bush
Key when Bush Key is closed to the
public to protect nesting wildlife. The
operation of aircraft is also subject to
§ 2.17, except that seaplanes may be
taxied closer than 500 feet to the Garden
Dock while enroute to or from the
designated ramp, north of the dock.
(ii) Seaplanes may be moored or
brought up on land only on the
designated beach, north of the Garden
Key dock.
Matthew J. Hogan,
Deputy Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 06–3295 Filed 4–6–06; 8:45 am]
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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
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission Web Site: https://
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
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Proposed 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: https://www.fcc.gov/cgb/ecfs/ or
the Federal eRulemaking Portal: https://
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
FOR FURTHER INFORMATION CONTACT:
caption. In completing the transmittal
Legal Information: John Evanoff, Esq.,
screen, filers should include their full
John.Evanoff@FCC.gov, Public Safety
name, U.S. Postal Service mailing
and Critical Infrastructure Division,
address, and the applicable docket or
Wireless Telecommunications Bureau
(202) 418–0680, or TTY (202) 418–7233. rulemaking number. Parties may also
submit an electronic comment by
Technical Information: Tim Maguire,
Internet e-mail. To get filing
Tim.Maguire@FCC.gov, Public Safety
instructions, filers should send an eand Critical Infrastructure Division,
mail to ecfs@fcc.gov, and include the
Wireless Telecommunications Bureau,
(202) 418–0680, or TTY (202) 418–7233. following words in the body of the
message, ‘‘get form.’’ A sample form and
SUPPLEMENTARY INFORMATION: This is a
directions will be sent in response.
summary of the Federal
Paper Filers: Parties who choose to file
Communications Commission’s Eighth
by paper must file an original and four
Notice of Proposed Rulemaking (Eighth
copies of each filing. If more than one
NPRM), FCC 06–34, adopted March 17,
docket or rulemaking number appears in
2006 and released on March 21, 2006.
the caption of this proceeding, filers
In the Eighth NPRM the FCC seeks
must submit two additional copies for
comment on proposals to create
each additional docket or rulemaking
broadband channels in the 700 MHz
number. Filings can be sent by hand or
public safety band. Specifically, the
messenger delivery, by commercial
Eighth NPRM seeks comment on
overnight courier, or by first-class or
proposals to accommodate broadband
overnight U.S. Postal Service mail
and/or wideband operations on the
(although we continue to experience
current wideband spectrum (twelve
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
megahertz) of the current 700 MHz
the Commission’s Secretary, Office of
public safety spectrum allocation. The
the Secretary, Federal Communications
Eighth NPRM also seeks to update the
Commission. The Commission’s
record on wideband interoperability
contractor will receive hand-delivered
matters raised in the Seventh Notice of
Proposed Rulemaking in this proceeding or messenger-delivered paper filings for
the Commission’s Secretary at 236
(70 FR 21726, April 27, 2005).
Massachusetts Avenue, NE., Suite 110,
I. Procedural Matters
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
A. Ex Parte Rules—Permit-But-Disclose
hand deliveries must be held together
Proceeding
with rubber bands or fasteners. Any
2. This is a permit-but-disclose notice envelopes must be disposed of before
and comment rulemaking proceeding.
entering the building. Commercial
Ex parte presentations are permitted,
overnight mail (other than U.S. Postal
except during the Sunshine Agenda
Service Express Mail and Priority Mail)
period, provided they are disclosed
must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S.
pursuant to the Commission’s Rules.
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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 https://
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 https://
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.
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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,
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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 noninteroperability 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 twentyfour 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
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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
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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-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.
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
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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.
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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
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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,
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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.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E6–5108 Filed 4–6–06; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 060314068–6068–01; I.D.
030905A]
RIN 0648–AT79
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of
Offshore Structures in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: NMFS has received a request
from the Minerals Management Service
(MMS), for authorization to ‘‘take’’ by
harassment small numbers of marine
mammals incidental to explosive
severance activities at offshore oil and
gas structures in the Gulf of Mexico
(GOM) outer continental shelf (OCS). By
this document, NMFS is proposing
regulations to govern that take. In order
to issue Letters of Authorization (LOAs)
and final regulations governing the take,
NMFS must determine that the total
taking will have a negligible impact on
the affected species and stocks of
marine mammals, will be at the lowest
level practicable, and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses. NMFS invites
comment on the application and the
proposed rule.
DATES: Comments and information must
be postmarked no later than May 22,
2006.
ADDRESSES: You may submit comments
on the application and proposed rule,
using the identifier 030905A, by any of
the following methods:
• E-mail: PR1.030905A@noaa.gov.
Please include the identifier 030905A in
the subject line of the message.
Comments sent via e-mail, including all
attachments, must not exceed a 10–
megabyte file size.
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Hand-delivery or mailing of paper,
disk, or CD-ROM comments should be
VerDate Aug<31>2005
17:29 Apr 06, 2006
Jkt 208001
addressed to: Stephen L. Leathery,
Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver
Spring, MD 20910.
A copy of the MMS application,
under section 101(a)(5)(A) of the Marine
Mammal Protection Act (MMPA),
containing a list of references used in
this document may be obtained by
writing to this address, by telephoning
the contact listed under FOR FURTHER
INFORMATION CONTACT, or at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#iha. A copy of MMS’
Programmatic Environmental
Assessment (PEA) is available on-line
at: https://www.gomr.mms.gov/homepg/
regulate/environ/nepa/2005–013.pdf.
Documents cited in this proposed rule,
that are not available through standard
public library access, may be viewed, by
appointment, during regular business
hours at the mailing address previously
specified. To help us process and
review comments more efficiently,
please use only one method for
commenting.
Comments regarding the burden-hour
estimate or any other aspect of the
collection of information requirement
contained in this proposed rule should
be sent to NMFS via the means stated
above, and to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB),
Attention: NOAA Desk Officer,
Washington, DC 20503,
DavidlRostker@eap.omb.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Hollingshead, NMFS, at
301–713–2055, ext 128 or
Ken.Hollingshead@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D)
of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce
(Secretary) to allow, upon request, the
incidental, but not intentional taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and
regulations are issued.
An authorization will be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses, and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
impact’’ in 50 CFR 216.103 as ’’...an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Summary of Request
On February 28, 2005, NMFS received
an application from MMS (MMS, 2005a)
requesting, on behalf of the offshore oil
and gas industry, authorization under
section 101(a)(5)(A) of the MMPA to
take marine mammals by harassment
incidental to explosive severance
activities at offshore oil and gas
structures in the GOM OCS. Except for
certain categories of activities not
pertinent here, the MMPA defines
‘‘harassment’’ as: any act of pursuit,
torment, or annoyance which
(i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Description of the Activity
During exploration, development, and
production operations for mineral
extraction in the GOM OCS, the seafloor
around activity areas becomes the
repository of temporary and permanent
equipment and structures. In
compliance with OCS Lands Act
(OCSLA) regulations and MMS
guidelines, operators are required to
remove or ‘‘decommission’’ seafloor
obstructions from their leases within
one year of lease termination or after a
structure has been deemed obsolete or
unusable. To accomplish these
removals, a host of activities is required
to (1) mobilize necessary equipment and
service vessels, (2) prepare the
decommissioning targets (e.g., piles,
jackets, conductors, bracings, wells,
pipelines, etc.), (3) sever the target from
the seabed and/or sever it into
manageable components, (4) salvage the
severed portion(s), and (5) conduct final
site-clearance verification work.
There are two primary methodologies
used in the GOM for cutting
decommissioning targets; nonexplosive
and explosive severance. Nonexplosive
methods include abrasive cutters (sand
and abrasive-water jets), mechanical
cutters (e.g., carbide or rotary), diamond
wire cutting devices, and cutting
facilitated by commercial divers using
arc/gas torches. Though relatively timeconsuming and potentially harmful to
E:\FR\FM\07APP1.SGM
07APP1
Agencies
[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Proposed Rules]
[Pages 17786-17790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5108]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission Web Site: https://
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
https://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 https://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: https://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking
Portal: https://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]
BILLING CODE 6712-01-P