Implementation of Sections 309(j) and 337 of the Communications Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain Part 90 Frequencies, 19387-19390 [E7-7252]
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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations
period of SSM, then the owner or
operator must take steps to minimize
emissions to the extent practicable.’’ 70
FR at 43993.
The exception to technology-based
emission standards during SSM events,
which applies when a source cannot
meet the technology-based standard
using all practicable steps to minimize
emissions that are consistent with safety
and good air pollution control practices,
is appropriate and may be necessary to
preserve the reasonableness of the
underlying MACT standards. Essex
Chemical Corporation v. EPA, 486 F.2d.
427, 432–33 (D.C. Cir 1973) (addressing
exemption from New Source
Performance Standards during SSM
events); Portland Cement Association v.
Ruckelshaus, 486 F.2d. 375, 398–99
(D.C. Cir. 1973) (same); Marathon Oil v.
EPA, 564 F.2d. 1253, 1272–73 (9th Cir.
1977) (discussing need to provide upset
defense for technology-based effluent
limits to account for technology failure).
As discussed above and in the
preamble to the proposed and final
rules, the general duty to minimize
emissions is sufficiently specific (71 FR
20448–49), and the SSM recordkeeping
and reporting requirements are
sufficient to assure compliance with the
general duty clause. We note that in the
Title V context, EPA’s regulations
specifically provide that recordkeeping
requirements can adequately assure
compliance. In particular, 40 CFR
70.6(a)(3)(i), which implements the
statutory requirement of section 504(a)
of the CAA, specifies that periodic
testing and monitoring to determine
compliance with an applicable
requirement ‘‘may consist of
recordkeeping designed to serve as
monitoring.’’ Moreover, 40 CFR
70.6(a)(3)(i)(b) (which requires title V
permits to include monitoring and
testing provisions when an underlying
applicable requirement does not contain
provisions) specifies that
‘‘[r]ecordkeeping provisions may be
sufficient to meet the requirements of
this paragraph (a)(3)(i)(B).’’
Dated: April 12, 2007.
Stephen L. Johnson,
Administrator.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
19387
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division Media
Bureau.
[FR Doc. E7–7257 Filed 4–17–07; 8:45 am]
[DA 07–1447; RM–10798]
BILLING CODE 6712–01–P
Radio Broadcasting Services; Annville,
Manchester, Mt. Vernon, West Liberty,
KY
FEDERAL COMMUNICATIONS
COMMISSION
Federal Communications
Commission.
AGENCY:
Final rule; denial of petition for
reconsideration.
ACTION:
SUMMARY: This document denies a
Petition for Reconsideration filed jointly
by Vernon R. Baldwin, Inc., Morgan
County Industries, Inc., and Vernon R.
Baldwin (‘‘Petitioners’’) directed to a
letter which returned their Joint Petition
for Rule Making (‘‘Joint Petition’’). The
Joint Petition was defective because the
proposed site at Mt. Vernon failed to
provide a 70 dBu signal over the entire
community due to terrain obstruction.
This document finds that it is not in the
public interest to allow Petitioners on
reconsideration to reinstate and amend
their Joint Petition with a new site
because a Petition for Rule Making must
be technically correct at the time of
filing. With this action, the proceeding
is terminated.
FOR FURTHER INFORMATION CONTACT:
Helen McLean, Media Bureau (202)
418–2738.
This is a
synopsis of the Commission’s
Memorandum Opinion and Order,
adopted March 28, 2007, and released
March 30, 2007. The full text of this
Commission decision is available for
inspection and copying during regular
business hours at the FCC’s Reference
Information Center, Portals II, 445
Twelfth Street, SW., Room CY–A257,
and Washington, DC 20554. The
complete text of this decision may also
be purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 1–800–378–3160 or
www.BCPIWEB.com. This document is
not subject to the Congressional Review
Act. (The Commission, is, therefore, not
required to submit a copy of this
Memorandum Opinion and Order to the
Government Accountability Office,
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A) because
the petition for reconsideration was
denied.
SUPPLEMENTARY INFORMATION:
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47 CFR Part 90
[WT Docket No. 99–87; RM 9332; FCC 07–
39]
Implementation of Sections 309(j) and
337 of the Communications Act of 1934
as Amended; Promotion of Spectrum
Efficient Technologies on Certain Part
90 Frequencies
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission or FCC) declines, for now,
to establish a schedule for Private Land
Mobile Radio (PLMR) systems in the
150–174 MHz and 421–512 MHz bands
to transition to 6.25 kHz technology;
and revises the implementation date of
the 6.25 kHz requirement for equipment
certification from January 1, 2005 to
January 1, 2011.
DATES: Effective May 18, 2007.
FOR FURTHER INFORMATION CONTACT:
Melvin Spann, Melvin.Spann@FCC.gov,
Mobility Division, Wireless
Telecommunications Bureau at (202)
418–1333.
SUPPLEMENTARY INFORMATION: This is a
summary of the Federal
Communications Commission’s Third
Report and Order in WT Docket No. 99–
87 (Third Report and Order), FCC 07–
39, adopted on March 22, 2007, and
released on March 26, 2007. The full
text of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information 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 sending an
e-mail to fcc504@fcc.gov or by calling
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
1. The Third Report and Order
addresses issues raised in the Second
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Report and Order and Second Further
Notice of Proposed Rule Making, (2nd
R&O and 2nd FNPRM) and Third
Memorandum Opinion and Order,
Third Further Notice of Proposed Rule
Making and Order (3rd MO&O, 3rd
FNPRM and Order) in this proceeding.
The Commission takes the following
significant actions in the Third Report
and Order: (i) declines to establish a
schedule for PLMR systems in the 150–
174 MHz and 421–512 MHz bands to
transition to 6.25 kHz technology, and
(ii) revises the implementation date of
the 6.25 kHz requirement for equipment
certification from January 1, 2005 to
January 1, 2011.
implementation date of 47 CFR
90.203(j)(4)-(5) from January 1, 2005, to
January 1, 2011. The rule change
reduces burdens on equipment
manufacturers and furthers the
Commission’s objectives to encourage
the development and use of increasingly
spectrally efficient technology. Once the
rule change becomes effective,
applications for equipment certification
received on or after January 1, 2011, will
be granted only if the equipment either
(1) is capable of operating on 6.25 kHz
channels, or (2) meets a narrowband
efficiency standard, i.e., one channel per
6.25 kHz (voice) or 4800 bits per second
per 6.25 kHz (data).
I. Procedural Matters
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
6. No comments or reply comments
were filed in direct response to the
IRFA. The Commission has, however,
reviewed the general comments that
may impact small businesses. Much of
the potential impact on small businesses
arose from the previous requirement
that applications for equipment
certification received on or after January
1, 2005, will be granted only if the
equipment either (1) is capable of
operating on 6.25 kHz channels, or (2)
meets a narrowband efficiency standard,
i.e., one channel per 6.25 kHz (voice) or
4800 bits per second per 6.25 kHz
(data). The burdens and hardships
associated with equipment
manufacturers meeting this requirement
were cited in opposition to this
requirement.
A. Paperwork Reduction Act Analysis
2. The Third Report and Order does
not contain any new or modified
information collection requirements
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).
B. Report to Congress
3. The Commission will send a copy
of this Third Report and Order in a
report to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Description and Estimate of the Number
of Small Entities To Which Rules Will
Apply
7. 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
Need for, and Objectives of, the Third
concern is one which: (1) Is
Report and Order
independently owned and operated; (2)
is not dominant in its field of operation;
5. The Third Report and Order
and (3) satisfies any additional criteria
addresses comments in response to the
established by the Small Business
Third Further Notice of Proposed Rule
Administration (SBA). Nationwide,
Making, in WT Docket 99–87; FCC 04–
there are a total of approximately 22.4
292 at 70 FR 34666, concerning a
million small businesses, according to
contemplated mandatory transition to
SBA data. A ‘‘small organization’’ is
6.25 kHz technology for Private Land
Mobile Radio (PLMR) users. In the Third generally ‘‘any not-for-profit enterprise
which is independently owned and
Report and Order, we change the
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C. Final Regulatory Flexibility Analysis
4. As required by the Regulatory
Flexibility Act (RFA), see 5 U.S.C. 604,
the Commission has prepared a Final
Regulatory Flexibility Analysis (FRFA)
of the possible impact of the rule
changes contained in this Third Report
and Order on small entities. The
Commission’s Consumer Information
Bureau, Reference Information Center,
will send a copy of this Third Report
and Order, including the FRFA
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
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operated and is not dominant in its
field.’’ Nationwide, as of 2002, there
were approximately 1.6 million small
organizations. The term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty thousand.’’
Census Bureau data for 2002 indicate
that there were 87,525 local
governmental jurisdictions in the
United States. We estimate that, of this
total, 84,377 entities were ‘‘small
governmental jurisdictions.’’ Thus, we
estimate that most governmental
jurisdictions are small.
8. The rule change effectuated by this
Third Report and Order applies to
manufacturers of radio equipment
designed to operate on private land
mobile frequencies in the 150–174 MHz
and 421–512 MHz bands. The rule
change and decisions herein also have
a nominal, merely indirect application
to users of Public Safety Radio Pool
services and private radio licensees that
are regulated under part 90 of the
Commission’s rules.
9. Equipment Manufacturers. We
anticipate that at least six radio
equipment manufacturers will be
affected by our decisions in this
proceeding. The Census Bureau defines
this category as follows: ‘‘This industry
comprises establishments primarily
engaged in manufacturing radio and
television broadcast and wireless
communications equipment. Examples
of products made by these
establishments are: transmitting and
receiving antennas, cable television
equipment, GPS equipment, pagers,
cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment.’’ The SBA has developed a
small business size standard for Radio
and Television Broadcasting and
Wireless Communications Equipment
Manufacturing, which is: all such firms
having 750 or fewer employees.
According to Census Bureau data for
2002, there were a total of 1,041
establishments in this category that
operated for the entire year. Of this
total, 1,010 establishments had
employed less than 500, and an
additional 13 had employed 500 to 999.
Thus, under this size standard, the
majority of firms can be considered
small.
10. Public safety services and
Governmental entities. Public safety
radio services include police, fire, local
governments, forestry conservation,
highway maintenance, and emergency
medical services. The SBA rules contain
a definition for small radiotelephone
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(wireless) companies that encompass
business entities engaged in
radiotelephone communications
employing no more that 1,500 persons.
There are a total of approximately
127,540 licensees within these services.
Governmental entities as well as private
businesses comprise the licensees for
these services. The RFA also includes
small governmental entities as a part of
the regulatory flexibility analysis. As
noted, under the RFA, the term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty thousand.’’
Census Bureau data for 2002 indicate
that there were 87,525 local
governmental jurisdictions in the
United States. We estimate that, of this
total, 84,377 entities were ‘‘small
governmental jurisdictions.’’ Thus, we
estimate that most governmental
jurisdictions are small.
11. Estimates for PLMR Licensees.
Private land mobile radio systems serve
an essential role in a vast range of
industrial, business, land transportation,
and public safety activities. These
radios are used by companies of all sizes
operating in all U.S. business categories.
Because of the vast array of PLMR users,
the Commission has not developed a
definition of small entities specifically
applicable to PLMR users, nor has the
SBA developed any such definition. The
SBA rules do, however, contain a
definition for small radiotelephone
(wireless) companies. Included in this
definition are business entities engaged
in radiotelephone communications
employing no more that 1,500 persons.
The SBA has developed a small
business size standard for wireless firms
within the two broad economic census
categories of ‘‘Paging’’ and ‘‘Cellular and
Other Wireless Telecommunications.’’
Under both categories, the SBA deems
a wireless business to be small if it has
1,500 or fewer employees. For the
census category of Paging, Census
Bureau data for 2002 show that there
were 807 firms in this category that
operated for the entire year. Of this
total, 804 firms had employment of 999
or fewer employees, and three firms had
employment of 1,000 employees or
more. Thus, under this category and
associated small business size standard,
the majority of firms can be considered
small. For the census category of
Cellular and Other Wireless
Telecommunications, Census Bureau
data for 2002 show that there were 1,397
firms in this category that operated for
the entire year. Of this total, 1,378 firms
had employment of 999 or fewer
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employees, and 19 firms had
employment of 1,000 employees or
more. Thus, under this second category
and size standard, the majority of firms
can, again, be considered small. Thus,
under this size standard, the majority of
firms can be considered small. For the
purpose of determining whether a
licensee is a small business as defined
by the SBA, each licensee would need
to be evaluated within its own business
area. The Commission’s fiscal year 1994
annual report indicates that, at the end
of fiscal year 1994, there were 1,101,711
licensees operating 12,882,623
transmitters in the PLMR bands below
512 MHz.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
12. Equipment manufacturers need to
make note of the new implementation
date of January 1, 2011, for 47 CFR
90.203(j)(4)-(5) of the Commission’s
Rules, as established in this Third
Report and Order. Applications for
equipment certification and received on
or after January 1, 2011, will be granted
only if the equipment either (1) is
capable of operating on 6.25 kHz
channels, or (2) meets a narrowband
efficiency standard, i.e., one channel per
6.25 kHz (voice) or 4800 bits per second
per 6.25 kHz (data). We believe that
both small and large entities will
encounter the same proportional costs
to comply with these requirements.
Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
13. The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
approach, which may include the
following four alternatives (among
others): ‘‘(1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’
14. The only rule change we adopt
herein is to delay the implementation
date of our certification requirements
from January 1, 2005, to January 1, 2011.
Applications for equipment certification
received on or after January 1, 2011, will
be granted only if the equipment either
(1) is capable of operating on 6.25 kHz
channels, or (2) meets a narrowband
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19389
efficiency standard, i.e., one channel per
6.25 kHz (voice) or 4800 bits per second
per 6.25 kHz (data). This rule change
reduces the impact on equipment
manufacturers of the prior rule, which
required compliance sooner. We
delayed the implementation date
because a majority of commenters
believed that enforcing an equipment
authorization cut-off now would place
onerous burdens on manufacturers. We
anticipate that small licensees will
experience little impact as a result of
this rule change. By 2011, licensees in
the market for new equipment will have
a choice between 12.5 kHz-capable and
6.25 kHz-capable equipment.
15. We investigated alternatives to the
January 1, 2011, implementation date of
our certification requirements,
including elimination of the
requirements, as requested by some
commenters. We rejected earlier dates
because they might not allow enough
time for 6.25 kHz standards to be
finalized. We believe that earlier dates
would not provide significant relief to
equipment manufacturers, and that they
would incur excessive costs to meet our
certification requirements. Next, we
considered dates after 2011, as well as
eliminating our 6.25 kHz equipment
certification requirements completely.
While we realize that these options
would further minimize the economic
impact on equipment manufacturers, we
rejected these options they would
excessively delay our objective to
encourage the development and use of
spectrally efficient technology.
D. Report to Congress
16. The Commission will send a copy
of this Third Report and Order in WT
Docket No. 99–87, including the Final
Regulatory Flexibility Analysis, in a
report to be sent to Congress pursuant
to the Congressional Review Act. In
addition, the Commission will send a
copy of the Third Report and Order,
including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the SBA. A
copy of the Third Report and Order and
the Final Regulatory Flexibility Analysis
(or summaries thereof) will also be
published in the Federal Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 90 as
follows:
I
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PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
1. The authority citation for part 90
continues to read as follows:
I
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
50 CFR Part 660
[Docket No. 070404078–7078–01; I.D.
082806B]
RIN 0648–AV52
2. Amend § 90.203 by revising
paragraph (j)(4) introductory text and
paragraph (j)(5); and removing
paragraph (j)(6); and by redesignating
paragraphs (j)(7) through (j)(11) as (j)(6)
through (j)(10) to read as follows:
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
§ 90.203
AGENCY:
I
Certification required.
*
*
*
*
*
(j) * * *
(4) Applications for part 90
certification of transmitters designed to
operate on frequencies in the 150.8–
162.0125 MHz, 173.2–173.4 MHz, and/
or 421–512 MHz bands, received on or
after January 1, 2011, except for handheld transmitters with an output power
of two watts or less, will only be granted
for equipment with the following
channel bandwidths:
*
*
*
*
*
(5) Applications for part 90
certification of transmitters designed to
operate on frequencies in the 150.8–
162.0125 MHz, 173.2–173.4 MHz, and/
or 421–512 MHz bands, received on or
after January 1, 2011, must include a
certification that the equipment meets a
spectrum efficiency standard of one
voice channel per 6.25 kHz of channel
bandwidth. Additionally, if the
equipment is capable of transmitting
data, has transmitter output power
greater than 500 mW, and has a channel
bandwidth of more than 6.25 kHz, the
equipment must be capable of
supporting a minimum data rate of 4800
bits per second per 6.25 kHz of channel
bandwidth.
*
*
*
*
*
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to groundfish management measures;
request for comments.
SUMMARY: This final rule takes two
actions: It establishes the 2007 harvest
specifications for Pacific whiting
(whiting) in the U.S. exclusive
economic zone (EEZ) and state waters
off the coasts of Washington, Oregon,
and California; and, it announces
inseason changes to management
measures in the commercial and
recreational Pacific Coast groundfish
fisheries. These actions are authorized
by the Pacific Coast Groundfish Fishery
Management Plan (FMP). The 2007
whiting harvest specifications include
the level of the acceptable biological
catch (ABC), optimum yield (OY), tribal
allocation, and allocations for the nontribal commercial whiting sectors, and
are intended to establish allowable
harvest levels of whiting based on the
best available scientific information.
The inseason changes to fishery
management measures are intended to
allow fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted species, and to
reduce possible confusion to the public
over differing state and Federal
regulations.
DATES: Effective April 17, 2007.
Comments on this rule must be received
no later than 5 p.m., local time on May
18, 2007.
ADDRESSES: You may submit comments,
identified by I.D. 082806B by any of the
following methods:
∑ E-mail:
WhitingABCOYInseason1.nwr@
noaa.gov. Include I.D. 082806B in the
subject line of the message.
∑ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
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∑ Fax: 206–526–6736, Attn: Gretchen
Arentzen
∑ Mail: D. Robert Lohn,
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070, Attn: Gretchen
Arentzen.
FOR FURTHER INFORMATION CONTACT:
Gretchen Arentzen (Northwest Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736 and e-mail
gretchen.arentzen@noaa.gov; or Becky
Renko (Northwest Region, NMFS),
phone: 206–526–6110 fax: 206–526–
6736 and e-mail becky.renko@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.gpoaccess.gov/fr/.
Background information and documents
are available at the Pacific Fishery
Management Council’s (Council’s) Web
site at https://www.pcouncil.org/.
Background
The Pacific Coast Groundfish FMP
and its implementing regulations at title
50 in the Code of Federal Regulations
(CFR), part 660, subpart G, regulate
fishing for over 90 species of groundfish
off the coasts of Washington, Oregon,
and California. Groundfish
specifications and management
measures are developed by the Council,
and are implemented by NMFS. A
proposed rulemaking to implement the
2007–2008 specifications and
management measures for the Pacific
Coast groundfish fishery and
Amendment 16–4 of the FMP was
published on September 29, 2006 (71 FR
57764). The final rule to implement the
2007–2008 specifications and
management measures for the Pacific
Coast Groundfish Fishery was published
on December 29, 2006 (71 FR 78638).
These specifications and management
measures were codified in the CFR (50
CFR part 660, subpart G). The final rule
was subsequently amended on March
20, 2007 via a correcting amendment (71
FR 13043).
Changes to current groundfish
management measures implemented by
this action were recommended by the
Council, in consultation with Pacific
Coast Treaty Indian Tribes and the
States of Washington, Oregon, and
California, at its March 5–9, 2007,
meeting in Sacramento, California. The
Council recommended changes to
current regulations pertaining to two
separate actions: (1) Setting the final
2007 ABC and OY values for the Pacific
coast whiting fishery and the 2007 tribal
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]]>Agencies
[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Rules and Regulations]
[Pages 19387-19390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7252]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 99-87; RM 9332; FCC 07-39]
Implementation of Sections 309(j) and 337 of the Communications
Act of 1934 as Amended; Promotion of Spectrum Efficient Technologies on
Certain Part 90 Frequencies
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) declines, for now, to establish a schedule for
Private Land Mobile Radio (PLMR) systems in the 150-174 MHz and 421-512
MHz bands to transition to 6.25 kHz technology; and revises the
implementation date of the 6.25 kHz requirement for equipment
certification from January 1, 2005 to January 1, 2011.
DATES: Effective May 18, 2007.
FOR FURTHER INFORMATION CONTACT: Melvin Spann, Melvin.Spann@FCC.gov,
Mobility Division, Wireless Telecommunications Bureau at (202) 418-
1333.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Third Report and Order in WT Docket No. 99-
87 (Third Report and Order), FCC 07-39, adopted on March 22, 2007, and
released on March 26, 2007. The full text of this document is available
for inspection and copying during normal business hours in the FCC
Reference Information 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 sending an e-mail to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
1. The Third Report and Order addresses issues raised in the Second
[[Page 19388]]
Report and Order and Second Further Notice of Proposed Rule Making,
(2nd R&O and 2nd FNPRM) and Third Memorandum Opinion and Order, Third
Further Notice of Proposed Rule Making and Order (3rd MO&O, 3rd FNPRM
and Order) in this proceeding. The Commission takes the following
significant actions in the Third Report and Order: (i) declines to
establish a schedule for PLMR systems in the 150-174 MHz and 421-512
MHz bands to transition to 6.25 kHz technology, and (ii) revises the
implementation date of the 6.25 kHz requirement for equipment
certification from January 1, 2005 to January 1, 2011.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
2. The Third Report and Order does not contain any new or modified
information collection requirements 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).
B. Report to Congress
3. The Commission will send a copy of this Third Report and Order
in a report to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
4. As required by the Regulatory Flexibility Act (RFA), see 5
U.S.C. 604, the Commission has prepared a Final Regulatory Flexibility
Analysis (FRFA) of the possible impact of the rule changes contained in
this Third Report and Order on small entities. The Commission's
Consumer Information Bureau, Reference Information Center, will send a
copy of this Third Report and Order, including the FRFA Analysis, to
the Chief Counsel for Advocacy of the Small Business Administration.
Need for, and Objectives of, the Third Report and Order
5. The Third Report and Order addresses comments in response to the
Third Further Notice of Proposed Rule Making, in WT Docket 99-87; FCC
04-292 at 70 FR 34666, concerning a contemplated mandatory transition
to 6.25 kHz technology for Private Land Mobile Radio (PLMR) users. In
the Third Report and Order, we change the implementation date of 47 CFR
90.203(j)(4)-(5) from January 1, 2005, to January 1, 2011. The rule
change reduces burdens on equipment manufacturers and furthers the
Commission's objectives to encourage the development and use of
increasingly spectrally efficient technology. Once the rule change
becomes effective, applications for equipment certification received on
or after January 1, 2011, will be granted only if the equipment either
(1) is capable of operating on 6.25 kHz channels, or (2) meets a
narrowband efficiency standard, i.e., one channel per 6.25 kHz (voice)
or 4800 bits per second per 6.25 kHz (data).
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
6. No comments or reply comments were filed in direct response to
the IRFA. The Commission has, however, reviewed the general comments
that may impact small businesses. Much of the potential impact on small
businesses arose from the previous requirement that applications for
equipment certification received on or after January 1, 2005, will be
granted only if the equipment either (1) is capable of operating on
6.25 kHz channels, or (2) meets a narrowband efficiency standard, i.e.,
one channel per 6.25 kHz (voice) or 4800 bits per second per 6.25 kHz
(data). The burdens and hardships associated with equipment
manufacturers meeting this requirement were cited in opposition to this
requirement.
Description and Estimate of the Number of Small Entities To Which Rules
Will Apply
7. 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). Nationwide, there are a total of approximately
22.4 million small businesses, according to SBA data. 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 2002, there were approximately 1.6 million small
organizations. The term ``small governmental jurisdiction'' is defined
generally as ``governments of cities, towns, townships, villages,
school districts, or special districts, with a population of less than
fifty thousand.'' Census Bureau data for 2002 indicate that there were
87,525 local governmental jurisdictions in the United States. We
estimate that, of this total, 84,377 entities were ``small governmental
jurisdictions.'' Thus, we estimate that most governmental jurisdictions
are small.
8. The rule change effectuated by this Third Report and Order
applies to manufacturers of radio equipment designed to operate on
private land mobile frequencies in the 150-174 MHz and 421-512 MHz
bands. The rule change and decisions herein also have a nominal, merely
indirect application to users of Public Safety Radio Pool services and
private radio licensees that are regulated under part 90 of the
Commission's rules.
9. Equipment Manufacturers. We anticipate that at least six radio
equipment manufacturers will be affected by our decisions in this
proceeding. The Census Bureau defines this category as follows: ``This
industry comprises establishments primarily engaged in manufacturing
radio and television broadcast and wireless communications equipment.
Examples of products made by these establishments are: transmitting and
receiving antennas, cable television equipment, GPS equipment, pagers,
cellular phones, mobile communications equipment, and radio and
television studio and broadcasting equipment.'' The SBA has developed a
small business size standard for Radio and Television Broadcasting and
Wireless Communications Equipment Manufacturing, which is: all such
firms having 750 or fewer employees. According to Census Bureau data
for 2002, there were a total of 1,041 establishments in this category
that operated for the entire year. Of this total, 1,010 establishments
had employed less than 500, and an additional 13 had employed 500 to
999. Thus, under this size standard, the majority of firms can be
considered small.
10. Public safety services and Governmental entities. Public safety
radio services include police, fire, local governments, forestry
conservation, highway maintenance, and emergency medical services. The
SBA rules contain a definition for small radiotelephone
[[Page 19389]]
(wireless) companies that encompass business entities engaged in
radiotelephone communications employing no more that 1,500 persons.
There are a total of approximately 127,540 licensees within these
services. Governmental entities as well as private businesses comprise
the licensees for these services. The RFA also includes small
governmental entities as a part of the regulatory flexibility analysis.
As noted, under the RFA, the term ``small governmental jurisdiction''
is defined generally as ``governments of cities, towns, townships,
villages, school districts, or special districts, with a population of
less than fifty thousand.'' Census Bureau data for 2002 indicate that
there were 87,525 local governmental jurisdictions in the United
States. We estimate that, of this total, 84,377 entities were ``small
governmental jurisdictions.'' Thus, we estimate that most governmental
jurisdictions are small.
11. Estimates for PLMR Licensees. Private land mobile radio systems
serve an essential role in a vast range of industrial, business, land
transportation, and public safety activities. These radios are used by
companies of all sizes operating in all U.S. business categories.
Because of the vast array of PLMR users, the Commission has not
developed a definition of small entities specifically applicable to
PLMR users, nor has the SBA developed any such definition. The SBA
rules do, however, contain a definition for small radiotelephone
(wireless) companies. Included in this definition are business entities
engaged in radiotelephone communications employing no more that 1,500
persons. The SBA has developed a small business size standard for
wireless firms within the two broad economic census categories of
``Paging'' and ``Cellular and Other Wireless Telecommunications.''
Under both categories, the SBA deems a wireless business to be small if
it has 1,500 or fewer employees. For the census category of Paging,
Census Bureau data for 2002 show that there were 807 firms in this
category that operated for the entire year. Of this total, 804 firms
had employment of 999 or fewer employees, and three firms had
employment of 1,000 employees or more. Thus, under this category and
associated small business size standard, the majority of firms can be
considered small. For the census category of Cellular and Other
Wireless Telecommunications, Census Bureau data for 2002 show that
there were 1,397 firms in this category that operated for the entire
year. Of this total, 1,378 firms had employment of 999 or fewer
employees, and 19 firms had employment of 1,000 employees or more.
Thus, under this second category and size standard, the majority of
firms can, again, be considered small. Thus, under this size standard,
the majority of firms can be considered small. For the purpose of
determining whether a licensee is a small business as defined by the
SBA, each licensee would need to be evaluated within its own business
area. The Commission's fiscal year 1994 annual report indicates that,
at the end of fiscal year 1994, there were 1,101,711 licensees
operating 12,882,623 transmitters in the PLMR bands below 512 MHz.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
12. Equipment manufacturers need to make note of the new
implementation date of January 1, 2011, for 47 CFR 90.203(j)(4)-(5) of
the Commission's Rules, as established in this Third Report and Order.
Applications for equipment certification and received on or after
January 1, 2011, will be granted only if the equipment either (1) is
capable of operating on 6.25 kHz channels, or (2) meets a narrowband
efficiency standard, i.e., one channel per 6.25 kHz (voice) or 4800
bits per second per 6.25 kHz (data). We believe that both small and
large entities will encounter the same proportional costs to comply
with these requirements.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
13. The RFA requires an agency to describe any significant
alternatives that it has considered in developing its approach, which
may include the following four alternatives (among others): ``(1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities.''
14. The only rule change we adopt herein is to delay the
implementation date of our certification requirements from January 1,
2005, to January 1, 2011. Applications for equipment certification
received on or after January 1, 2011, will be granted only if the
equipment either (1) is capable of operating on 6.25 kHz channels, or
(2) meets a narrowband efficiency standard, i.e., one channel per 6.25
kHz (voice) or 4800 bits per second per 6.25 kHz (data). This rule
change reduces the impact on equipment manufacturers of the prior rule,
which required compliance sooner. We delayed the implementation date
because a majority of commenters believed that enforcing an equipment
authorization cut-off now would place onerous burdens on manufacturers.
We anticipate that small licensees will experience little impact as a
result of this rule change. By 2011, licensees in the market for new
equipment will have a choice between 12.5 kHz-capable and 6.25 kHz-
capable equipment.
15. We investigated alternatives to the January 1, 2011,
implementation date of our certification requirements, including
elimination of the requirements, as requested by some commenters. We
rejected earlier dates because they might not allow enough time for
6.25 kHz standards to be finalized. We believe that earlier dates would
not provide significant relief to equipment manufacturers, and that
they would incur excessive costs to meet our certification
requirements. Next, we considered dates after 2011, as well as
eliminating our 6.25 kHz equipment certification requirements
completely. While we realize that these options would further minimize
the economic impact on equipment manufacturers, we rejected these
options they would excessively delay our objective to encourage the
development and use of spectrally efficient technology.
D. Report to Congress
16. The Commission will send a copy of this Third Report and Order
in WT Docket No. 99-87, including the Final Regulatory Flexibility
Analysis, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Third Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the SBA. A
copy of the Third Report and Order and the Final Regulatory Flexibility
Analysis (or summaries thereof) will also be published in the Federal
Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 90 as follows:
[[Page 19390]]
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
2. Amend Sec. 90.203 by revising paragraph (j)(4) introductory text
and paragraph (j)(5); and removing paragraph (j)(6); and by
redesignating paragraphs (j)(7) through (j)(11) as (j)(6) through
(j)(10) to read as follows:
Sec. 90.203 Certification required.
* * * * *
(j) * * *
(4) Applications for part 90 certification of transmitters designed
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz,
and/or 421-512 MHz bands, received on or after January 1, 2011, except
for hand-held transmitters with an output power of two watts or less,
will only be granted for equipment with the following channel
bandwidths:
* * * * *
(5) Applications for part 90 certification of transmitters designed
to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz,
and/or 421-512 MHz bands, received on or after January 1, 2011, must
include a certification that the equipment meets a spectrum efficiency
standard of one voice channel per 6.25 kHz of channel bandwidth.
Additionally, if the equipment is capable of transmitting data, has
transmitter output power greater than 500 mW, and has a channel
bandwidth of more than 6.25 kHz, the equipment must be capable of
supporting a minimum data rate of 4800 bits per second per 6.25 kHz of
channel bandwidth.
* * * * *
[FR Doc. E7-7252 Filed 4-17-07; 8:45 am]
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