Private Land Mobile Radio Services, 41381-41383 [2010-17422]
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
January 1, 1992 to June 30, 1997, the
Trio Street site met the 75% quarterly
data completeness requirement. Thus,
there is sufficient data to make an
attainment determination. The expected
exceedance calculation for years 1993–
95 was 1.0, which demonstrates
attainment. An expected exceedance
rate of greater than 1.0 would be a
violation of the NAAQS.
B. Does more recent air quality data also
show attainment?
Although the attainment date for the
Mendenhall Valley PM10 nonattainment
area is December 31, 1995, and the air
quality data used to judge attainment by
that date includes all data collected in
calendar years 1993, 1994, and 1995,
EPA has also reviewed the air quality
data collected at the State monitoring
sites from January 1996 through
December 2009. As discussed above,
there have been no exceedances
recorded at the Floyd Dryden site since
1992 and no exceedances recorded at
the Trio Street site from 1994 through
1997, when it ceased operation. Thus,
the area continues to be in compliance
with the 24 hour PM10 NAAQS during
this period.
cprice-sewell on DSK8KYBLC1PROD with RULES
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
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• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 14,
2010. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
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41381
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: June 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2010–17417 Filed 7–15–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 99–87, RM–9332; FCC 10–
119]
Private Land Mobile Radio Services
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document, the
Commission issued an Order (‘‘Order’’)
waiving certain of its rules pertaining to
the January 1, 2011 interim deadlines
associated with the narrowbanding of
private land mobile radio licensees in
the 150–174 MHz and 421–512 MHz
bands. The Commission denied relief
with respect to the interim licensing
deadlines, but granted relief in part with
respect to certain interim equipment
deadlines.
DATES:
Effective January 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Melvin Spann, Melvin.Spann@FCC.gov,
Wireless Telecommunications Bureau,
(202) 418–1333, or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
WT Docket No. 99–87 and RM–9332,
FCC 10–119, adopted on June 29, 2010
and released June 30, 2010. The
Commission waives certain of its rules
pertaining to the January 1, 2011 interim
deadlines associated with the
narrowbanding of private land mobile
radio licensees in the 150–174 MHz and
421–512 MHz bands. The full text of
E:\FR\FM\16JYR1.SGM
16JYR1
cprice-sewell on DSK8KYBLC1PROD with RULES
41382
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center, 445 12th Street, SW.,
Washington, DC 20554. The complete
text may be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
Alternative formats are available to
persons with disabilities by 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. In this order, we grant in part and
deny in part a petition filed by the
National Public Safety
Telecommunications Council (NPSTC)
requesting a stay of the January 1, 2011
interim deadlines associated with the
narrowbanding of private land mobile
radio (PLMR) licensees in the 150–174
MHz and 421–512 MHz bands. In
previous orders, the Commission set
January 1, 2013 as the final deadline for
PLMR licensees in these bands to
migrate to narrowband (12.5 kHz or
narrower) technology, and January 1,
2011 as the deadline for certain interim
measures relating to licensing and
equipment. For the reasons set forth
herein, we deny NPSTC’s request with
respect to the interim licensing
deadlines, but we grant the requested
relief in part with respect to certain
interim equipment deadlines.
2. In a 1995 Report and Order and
Further Notice of Proposed Rule
Making, at 10 FCC Rcd 10076, 10077
para. 1 (1995), in this proceeding, the
Commission adopted rule changes to
promote the efficient use of the PLMR
service and facilitate the introduction of
advanced technologies. To promote the
transition to a more efficient
narrowband channel plan, the
Commission provided, inter alia, that
‘‘only increasingly efficient equipment’’
would be approved. The Commission
did not set a date after which it would
no longer approve equipment with a
wideband (25 kHz) mode, or after which
such equipment could no longer be
manufactured or used. The Commission
contemplated that, as systems reached
the end of their service life and new
radios were needed, users would
migrate to the narrower bandwidth
multi-mode radios in order to avoid the
adjacent-channel interference that could
occur from systems using the adjacent
narrowband channels.
3. Subsequently, the Commission
determined that the 1995 rules failed to
provide adequate incentive to realize
the Commission’s spectrum efficiency
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goals in these bands, and stronger
measures would be required to bring
about a timely transition to narrowband
technology. The Commission therefore
amended the rules to provide that, by
January 1, 2013, Industrial/Business and
Public Safety Radio Pool licensees in
the 150–174 MHz and 421–512 MHz
bands must migrate to 12.5 kHz channel
bandwidth, or utilize a technology that
achieves equivalent efficiency.
4. The Commission also adopted
interim deadlines to facilitate this
transition to narrowband technology.
Specifically, beginning January 1, 2011:
(1) The manufacture, import, or
certification of equipment capable of
operating with only one voice path per
25 kHz of spectrum, i.e., equipment that
includes a 25 kHz mode, will be
prohibited; (2) the Commission will no
longer accept applications for new
wideband 25 kHz operations, or
modification applications that expand
the authorized contour of existing 25
kHz stations; and (3) the Commission
will no longer accept applications for
certification of equipment that cannot
operate in 6.25 kHz mode or with
equivalent efficiency. Since that time,
the Commission has reiterated its
commitment to the narrowbanding
transition, as demand for scarce PLMR
spectrum continues to grow.
5. NPSTC states that it fully supports
the 2013 deadline for licensees to
transition to narrowband technology,
but it requests a stay of the 2011
deadlines. It argues that enforcement of
the prohibition on new or expanded 25
kHz licenses, and on the manufacture,
import, or certification of equipment
that includes a 25 kHz mode, will
hamper public safety interoperability
during the final two years of the
transition, and requests that these
deadlines be stayed until January 1,
2013. NPSTC also contends that the
prohibition on certification of
equipment that does not include 6.25
kHz capability will unnecessarily raise
equipment costs, and should be stayed
until January 1, 2015. NPSTC argues
that the Commission’s stay of these
deadlines would not prevent or deter
licensee implementation of narrowband
technology prior to 2013, or prevent
manufacturers from voluntarily
including 6.25 kHz efficiency in new
equipment.
6. The Wireless Telecommunications
Bureau and Public Safety and Homeland
Security Bureau sought comment on
NPSTC’s request. Commenters generally
favor an extension of the interim
measures relating to equipment
manufacture, importation, and
certification; but are split with regard to
extending the interim licensing
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deadlines. Commenters agree that any
action should apply equally to
Industrial/Business and Public Safety
licensees.
7. While NPSTC describes its petition
as a stay request, we believe that it is
more accurately characterized as a
request for a temporary waiver of the
2011 deadlines. Pursuant to
§ 1.925(b)(3) of our rules, we may grant
a request for waiver if it is shown that
(a) the underlying purpose of the rules
would not be served or would be
frustrated by application to the instant
case, and that a grant of the requested
waiver would be in the public interest;
or (b) in view of unique or unusual
factual circumstances, application of the
rules would be inequitable, unduly
burdensome or contrary to the public
interest, or the applicant has no
reasonable alternative. We remain
committed to bringing about a timely
transition to narrowband technology in
the PLMR services, in order to alleviate
congestion in this crowded spectrum.
Nevertheless, for the reasons set forth
below, we find that a waiver is
warranted with respect to certain
aspects of NPSTC’s request, and we
accordingly grant the request in part and
deny it in part. Specifically, we: (1)
Extend the timeframe for manufacturing
or importing equipment that includes a
25 kHz mode, but not the deadline for
prohibiting certification applications for
equipment that includes a 25 kHz mode;
(2) maintain the deadline for new or
expanded 25 kHz operations; and (3)
extend the timeframe for certifying
equipment that is not capable of
operating in 6.25 kHz mode, but only
until 2013, rather than 2015 as
requested by NPSTC. Consistent with
the comments we have received, all
narrowbanding deadlines will continue
to apply equally to Industrial/Business
and Public Safety licensees.
8. Manufacture or import of
equipment with a 25 kHz mode. NPSTC
argues that prohibiting the manufacture
or import of equipment that includes a
25 kHz mode will effectively prevent
existing systems from replacing or
adding radios during the last two years
of the narrowbanding transition, which
would hamper interoperability between
systems (or different parts of the same
system) that are at different stages of the
narrowbanding conversion. When the
Commission adopted the 2011
deadlines, it specifically stated that the
narrowbanding schedule was designed
to avoid complicating efforts to establish
public safety interoperability. Moreover,
we agree that it would be contrary to the
public interest to prevent licensees from
keeping 25 kHz systems in full working
order until they complete the migration
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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
to narrowband technology. Relief
arguably is not necessary to avoid an
equipment shortage, given that the rules
do not prohibit the marketing and sale
of existing inventories of 25 kHzcapable equipment after January 1,
2011. Nonetheless, we believe that a
temporary waiver of the prohibition on
manufacture or import of 25 kHzcapable equipment is appropriate, in
order to ensure that necessary
equipment remains available during the
narrowbanding transition. We therefore
grant a blanket waiver of § 90.203(j)(10)
until January 1, 2013.
9. Certification of equipment with a
25 kHz mode. With respect to new
certifications of equipment capable of
operating in 25 kHz mode, however, we
conclude that a waiver would not be
appropriate. Permitting the continued
manufacture and import of existing 25
kHz-capable models is sufficient to
ensure that adequate supplies remain
available in order to maintain existing
systems during the narrowbanding
transition. In contrast, there is no
convincing evidence or argument upon
which to conclude that certifying new
types of 25 kHz-capable equipment is
necessary for maintaining those
systems, or that it would otherwise be
in the public interest to expand the
range of available 25 kHz-capable
equipment as the 12.5 kHz migration
deadline approaches. We therefore
decline to grant a waiver of
§ 90.203(j)(4).
10. New or expanded 25 kHz
operations. We also deny NPSTC’s
request with respect to the deadline in
§ 90.209(b)(6) for applications for new
25 kHz operations, or modification
applications that expand the authorized
contour of existing 25 kHz stations.
NPSTC argues that prohibiting new or
modified 25 kHz licenses will hamper
interoperability between systems. The
relief requested, however, is much
broader, and would permit new or
expanded 25 kHz operations for any
reason. The interim deadlines were
intended to encourage licensees to begin
planning and implementing migration
to narrowband technology well before
January 1, 2013. We conclude that
continuing to authorize new or
expanded 25 kHz operations after
January 1, 2011 generally would be
contrary to the public interest, and
would otherwise undermine our goals
in establishing the narrowbanding
transition deadlines in the first instance.
As 25 kHz licensees migrate to
narrowband technology, spectrum
becomes available to other licensees to
relieve congestion. We decline to take
any action that would leave spectrum
encumbered by 25 kHz operations
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longer than necessary. In situations
where authorizing new or expanded 25
kHz operations would further the public
interest, case-by-case relief may be
considered through the waiver process.
11. Certification of equipment lacking
a 6.25 kHz mode. Finally, NPSTC argues
that requiring applications for
equipment certification to specify 6.25
kHz capability as of January 1, 2011 will
increase equipment costs with no
accompanying benefit for 12.5 kHz or 25
kHz licensees. NPSTC also notes that a
public safety interoperability standard
for 6.25 kHz operation is still under
development, and argues that
compelling the purchase of more
expensive equipment that may need to
be replaced once a standard is adopted
would burden public safety resources.
NPSTC therefore requests that this
requirement be extended to January 1,
2015, which would align it with the
deadline requiring manufacturers of 700
MHz public safety band equipment to
certify, manufacture, market, and import
only equipment with a 6.25 kHz
capability. In the Third Report and
Order at 72 FR 19387, April 18, 2007,
in this proceeding, the Commission
agreed with NPSTC and others that it
would be premature to take regulatory
action toward a migration to 6.25 kHz
technology before standards for such
equipment are developed. Because the
standards still have not been finalized,
we agree with NPSTC that the deadline
for complying with the 6.25 kHz
requirement in § 90.203(j)(5) should be
delayed. We do not, however, believe
that it is necessary to move this
deadline to the same date as the 700
MHz deadline. Because our intent is to
avoid any impediment to 150–174 MHz
or 421–512 MHz licensees’ migration to
12.5 kHz technology, we grant a waiver
of § 90.203(j)(5) only until January 1,
2013.
12. For the aforementioned reasons,
we grant the NPSTC request in part and
deny it in part. We recognize the
concerns of NPSTC and some
commenters that enforcing certain
interim deadlines as of January 1, 2011
could hamper operations during the
final two years of the transition and
unnecessarily raise equipment costs.
Consequently, we:
• Waive until January 1, 2013 the
deadline for ceasing manufacture or
import of equipment that includes a 25
kHz mode, but deny the request to stay
the deadline for prohibiting certification
applications for 25 kHz-capable
equipment;
• Decline to waive the deadline for
seeking new or expanded 25 kHz
operations; and
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41383
• Waive until January 1, 2013 the
deadline for certifying equipment that is
not capable of operating in 6.25 kHz
mode.
We emphasize our commitment to the
January 1, 2013 deadline for migrating
to narrowband technology, which the
Commission first adopted in 2003 and
subsequently affirmed, in order to
promote the efficient use of PLMR
spectrum and facilitate the introduction
of advanced technologies.
13. Accordingly, it is ordered
pursuant to sections 4(i), 11, 303(g), and
303(r) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), and 303(r), that the Request for
Stay filed by the National Public Safety
Telecommunications Council on
September 29, 2009 is granted in part
and denied in part, to the extent set
forth above.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–17422 Filed 7–15–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 090428799–9802–01]
RIN 0648–BA05
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery;
Inseason Adjustments to Fishery
Management Measures
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason
adjustments to biennial groundfish
management measures; request for
comments.
SUMMARY: This final rule makes
inseason adjustments to trawl fishery
management measures for petrale sole
taken with selective flatfish and
multiple trawl gears in the U.S.
exclusive economic zone (EEZ) off the
coasts of Washington, Oregon, and
California, North of 40° 10.00’ N. lat.
This action, which is authorized by the
Pacific Coast Groundfish Fishery
Management Plan (FMP), is intended to
prevent exceeding the 2010 OY for
petrale sole.
DATES: Effective at 0001 hours local time
on July 16, 2010. Comments on this
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41381-41383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17422]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 99-87, RM-9332; FCC 10-119]
Private Land Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission issued an Order (``Order'')
waiving certain of its rules pertaining to the January 1, 2011 interim
deadlines associated with the narrowbanding of private land mobile
radio licensees in the 150-174 MHz and 421-512 MHz bands. The
Commission denied relief with respect to the interim licensing
deadlines, but granted relief in part with respect to certain interim
equipment deadlines.
DATES: Effective January 1, 2011.
FOR FURTHER INFORMATION CONTACT: Melvin Spann, Melvin.Spann@FCC.gov,
Wireless Telecommunications Bureau, (202) 418-1333, or TTY (202) 418-
7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
in WT Docket No. 99-87 and RM-9332, FCC 10-119, adopted on June 29,
2010 and released June 30, 2010. The Commission waives certain of its
rules pertaining to the January 1, 2011 interim deadlines associated
with the narrowbanding of private land mobile radio licensees in the
150-174 MHz and 421-512 MHz bands. The full text of
[[Page 41382]]
this document is available for inspection and copying during normal
business hours in the FCC Reference Center, 445 12th Street, SW.,
Washington, DC 20554. The complete text may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. The full text may also
be downloaded at: https://www.fcc.gov. Alternative formats are available
to persons with disabilities by 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. In this order, we grant in part and deny in part a petition
filed by the National Public Safety Telecommunications Council (NPSTC)
requesting a stay of the January 1, 2011 interim deadlines associated
with the narrowbanding of private land mobile radio (PLMR) licensees in
the 150-174 MHz and 421-512 MHz bands. In previous orders, the
Commission set January 1, 2013 as the final deadline for PLMR licensees
in these bands to migrate to narrowband (12.5 kHz or narrower)
technology, and January 1, 2011 as the deadline for certain interim
measures relating to licensing and equipment. For the reasons set forth
herein, we deny NPSTC's request with respect to the interim licensing
deadlines, but we grant the requested relief in part with respect to
certain interim equipment deadlines.
2. In a 1995 Report and Order and Further Notice of Proposed Rule
Making, at 10 FCC Rcd 10076, 10077 para. 1 (1995), in this proceeding,
the Commission adopted rule changes to promote the efficient use of the
PLMR service and facilitate the introduction of advanced technologies.
To promote the transition to a more efficient narrowband channel plan,
the Commission provided, inter alia, that ``only increasingly efficient
equipment'' would be approved. The Commission did not set a date after
which it would no longer approve equipment with a wideband (25 kHz)
mode, or after which such equipment could no longer be manufactured or
used. The Commission contemplated that, as systems reached the end of
their service life and new radios were needed, users would migrate to
the narrower bandwidth multi-mode radios in order to avoid the
adjacent-channel interference that could occur from systems using the
adjacent narrowband channels.
3. Subsequently, the Commission determined that the 1995 rules
failed to provide adequate incentive to realize the Commission's
spectrum efficiency goals in these bands, and stronger measures would
be required to bring about a timely transition to narrowband
technology. The Commission therefore amended the rules to provide that,
by January 1, 2013, Industrial/Business and Public Safety Radio Pool
licensees in the 150-174 MHz and 421-512 MHz bands must migrate to 12.5
kHz channel bandwidth, or utilize a technology that achieves equivalent
efficiency.
4. The Commission also adopted interim deadlines to facilitate this
transition to narrowband technology. Specifically, beginning January 1,
2011: (1) The manufacture, import, or certification of equipment
capable of operating with only one voice path per 25 kHz of spectrum,
i.e., equipment that includes a 25 kHz mode, will be prohibited; (2)
the Commission will no longer accept applications for new wideband 25
kHz operations, or modification applications that expand the authorized
contour of existing 25 kHz stations; and (3) the Commission will no
longer accept applications for certification of equipment that cannot
operate in 6.25 kHz mode or with equivalent efficiency. Since that
time, the Commission has reiterated its commitment to the narrowbanding
transition, as demand for scarce PLMR spectrum continues to grow.
5. NPSTC states that it fully supports the 2013 deadline for
licensees to transition to narrowband technology, but it requests a
stay of the 2011 deadlines. It argues that enforcement of the
prohibition on new or expanded 25 kHz licenses, and on the manufacture,
import, or certification of equipment that includes a 25 kHz mode, will
hamper public safety interoperability during the final two years of the
transition, and requests that these deadlines be stayed until January
1, 2013. NPSTC also contends that the prohibition on certification of
equipment that does not include 6.25 kHz capability will unnecessarily
raise equipment costs, and should be stayed until January 1, 2015.
NPSTC argues that the Commission's stay of these deadlines would not
prevent or deter licensee implementation of narrowband technology prior
to 2013, or prevent manufacturers from voluntarily including 6.25 kHz
efficiency in new equipment.
6. The Wireless Telecommunications Bureau and Public Safety and
Homeland Security Bureau sought comment on NPSTC's request. Commenters
generally favor an extension of the interim measures relating to
equipment manufacture, importation, and certification; but are split
with regard to extending the interim licensing deadlines. Commenters
agree that any action should apply equally to Industrial/Business and
Public Safety licensees.
7. While NPSTC describes its petition as a stay request, we believe
that it is more accurately characterized as a request for a temporary
waiver of the 2011 deadlines. Pursuant to Sec. 1.925(b)(3) of our
rules, we may grant a request for waiver if it is shown that (a) the
underlying purpose of the rules would not be served or would be
frustrated by application to the instant case, and that a grant of the
requested waiver would be in the public interest; or (b) in view of
unique or unusual factual circumstances, application of the rules would
be inequitable, unduly burdensome or contrary to the public interest,
or the applicant has no reasonable alternative. We remain committed to
bringing about a timely transition to narrowband technology in the PLMR
services, in order to alleviate congestion in this crowded spectrum.
Nevertheless, for the reasons set forth below, we find that a waiver is
warranted with respect to certain aspects of NPSTC's request, and we
accordingly grant the request in part and deny it in part.
Specifically, we: (1) Extend the timeframe for manufacturing or
importing equipment that includes a 25 kHz mode, but not the deadline
for prohibiting certification applications for equipment that includes
a 25 kHz mode; (2) maintain the deadline for new or expanded 25 kHz
operations; and (3) extend the timeframe for certifying equipment that
is not capable of operating in 6.25 kHz mode, but only until 2013,
rather than 2015 as requested by NPSTC. Consistent with the comments we
have received, all narrowbanding deadlines will continue to apply
equally to Industrial/Business and Public Safety licensees.
8. Manufacture or import of equipment with a 25 kHz mode. NPSTC
argues that prohibiting the manufacture or import of equipment that
includes a 25 kHz mode will effectively prevent existing systems from
replacing or adding radios during the last two years of the
narrowbanding transition, which would hamper interoperability between
systems (or different parts of the same system) that are at different
stages of the narrowbanding conversion. When the Commission adopted the
2011 deadlines, it specifically stated that the narrowbanding schedule
was designed to avoid complicating efforts to establish public safety
interoperability. Moreover, we agree that it would be contrary to the
public interest to prevent licensees from keeping 25 kHz systems in
full working order until they complete the migration
[[Page 41383]]
to narrowband technology. Relief arguably is not necessary to avoid an
equipment shortage, given that the rules do not prohibit the marketing
and sale of existing inventories of 25 kHz-capable equipment after
January 1, 2011. Nonetheless, we believe that a temporary waiver of the
prohibition on manufacture or import of 25 kHz-capable equipment is
appropriate, in order to ensure that necessary equipment remains
available during the narrowbanding transition. We therefore grant a
blanket waiver of Sec. 90.203(j)(10) until January 1, 2013.
9. Certification of equipment with a 25 kHz mode. With respect to
new certifications of equipment capable of operating in 25 kHz mode,
however, we conclude that a waiver would not be appropriate. Permitting
the continued manufacture and import of existing 25 kHz-capable models
is sufficient to ensure that adequate supplies remain available in
order to maintain existing systems during the narrowbanding transition.
In contrast, there is no convincing evidence or argument upon which to
conclude that certifying new types of 25 kHz-capable equipment is
necessary for maintaining those systems, or that it would otherwise be
in the public interest to expand the range of available 25 kHz-capable
equipment as the 12.5 kHz migration deadline approaches. We therefore
decline to grant a waiver of Sec. 90.203(j)(4).
10. New or expanded 25 kHz operations. We also deny NPSTC's request
with respect to the deadline in Sec. 90.209(b)(6) for applications for
new 25 kHz operations, or modification applications that expand the
authorized contour of existing 25 kHz stations. NPSTC argues that
prohibiting new or modified 25 kHz licenses will hamper
interoperability between systems. The relief requested, however, is
much broader, and would permit new or expanded 25 kHz operations for
any reason. The interim deadlines were intended to encourage licensees
to begin planning and implementing migration to narrowband technology
well before January 1, 2013. We conclude that continuing to authorize
new or expanded 25 kHz operations after January 1, 2011 generally would
be contrary to the public interest, and would otherwise undermine our
goals in establishing the narrowbanding transition deadlines in the
first instance. As 25 kHz licensees migrate to narrowband technology,
spectrum becomes available to other licensees to relieve congestion. We
decline to take any action that would leave spectrum encumbered by 25
kHz operations longer than necessary. In situations where authorizing
new or expanded 25 kHz operations would further the public interest,
case-by-case relief may be considered through the waiver process.
11. Certification of equipment lacking a 6.25 kHz mode. Finally,
NPSTC argues that requiring applications for equipment certification to
specify 6.25 kHz capability as of January 1, 2011 will increase
equipment costs with no accompanying benefit for 12.5 kHz or 25 kHz
licensees. NPSTC also notes that a public safety interoperability
standard for 6.25 kHz operation is still under development, and argues
that compelling the purchase of more expensive equipment that may need
to be replaced once a standard is adopted would burden public safety
resources. NPSTC therefore requests that this requirement be extended
to January 1, 2015, which would align it with the deadline requiring
manufacturers of 700 MHz public safety band equipment to certify,
manufacture, market, and import only equipment with a 6.25 kHz
capability. In the Third Report and Order at 72 FR 19387, April 18,
2007, in this proceeding, the Commission agreed with NPSTC and others
that it would be premature to take regulatory action toward a migration
to 6.25 kHz technology before standards for such equipment are
developed. Because the standards still have not been finalized, we
agree with NPSTC that the deadline for complying with the 6.25 kHz
requirement in Sec. 90.203(j)(5) should be delayed. We do not,
however, believe that it is necessary to move this deadline to the same
date as the 700 MHz deadline. Because our intent is to avoid any
impediment to 150-174 MHz or 421-512 MHz licensees' migration to 12.5
kHz technology, we grant a waiver of Sec. 90.203(j)(5) only until
January 1, 2013.
12. For the aforementioned reasons, we grant the NPSTC request in
part and deny it in part. We recognize the concerns of NPSTC and some
commenters that enforcing certain interim deadlines as of January 1,
2011 could hamper operations during the final two years of the
transition and unnecessarily raise equipment costs. Consequently, we:
Waive until January 1, 2013 the deadline for ceasing
manufacture or import of equipment that includes a 25 kHz mode, but
deny the request to stay the deadline for prohibiting certification
applications for 25 kHz-capable equipment;
Decline to waive the deadline for seeking new or expanded
25 kHz operations; and
Waive until January 1, 2013 the deadline for certifying
equipment that is not capable of operating in 6.25 kHz mode.
We emphasize our commitment to the January 1, 2013 deadline for
migrating to narrowband technology, which the Commission first adopted
in 2003 and subsequently affirmed, in order to promote the efficient
use of PLMR spectrum and facilitate the introduction of advanced
technologies.
13. Accordingly, it is ordered pursuant to sections 4(i), 11,
303(g), and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 161, 303(g), and 303(r), that the Request for Stay filed
by the National Public Safety Telecommunications Council on September
29, 2009 is granted in part and denied in part, to the extent set forth
above.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-17422 Filed 7-15-10; 8:45 am]
BILLING CODE 6712-01-P
