Private Land Mobile Radio Rules, 61535-61538 [2012-24792]
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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
(3) To the taking of the deposition. (i)
Objection to competence, relevance, or
materiality. An objection to a
deponent’s competence, or to the
competence, relevance, or materiality of
testimony, is not waived by a failure to
make the objection before or during the
deposition, unless the ground for it
might have been corrected at that time.
(ii) Objection to an error or
irregularity. An objection to an error or
irregularity at an oral examination is
waived if:
(A) It relates to the manner of taking
the deposition, the form of a question or
answer, the oath or affirmation, a party’s
conduct, or other matters that might
have been corrected at that time; and
(B) It is not timely made during the
deposition.
(iii) Objection to a written question.
An objection to the form of a written
question under § 502.204 of this subpart
is waived if not served in writing on the
party submitting the question within the
time for serving responsive questions or,
if the question is a recross-question,
within 7 days after being served with it.
(4) To completing and returning the
deposition. An objection to how the
officer transcribed the testimony, or
prepared, signed, certified, sealed,
endorsed, sent, or otherwise dealt with
the deposition, is waived unless a
motion to suppress is made promptly
after the error or irregularity becomes
known or, with reasonable diligence,
could have been known. [Rule 209.]
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§ 502.210 Motions to compel initial
disclosures or compliance with discovery
requests; failure to comply with order to
make disclosure or answer or produce
documents; sanctions; enforcement.
(a) Motion for order to compel initial
disclosures or compliance with
discovery requests. (1) A party may file
a motion pursuant to § 502.69 for an
order compelling compliance with the
requirement for initial disclosures
provided in § 502.201 or with its
discovery requests as provided in this
subpart, if a deponent fails to answer a
question asked at a deposition or by
written questions; a corporation or other
entity fails to make a designation of an
individual who will testify on its behalf;
a party fails to answer an interrogatory;
or a party fails to respond that
inspection will be permitted, or fails to
permit inspection, as requested under
§ 502.206 of this subpart. For purposes
of this section, a failure to make a
disclosure, answer, or respond includes
an evasive or incomplete disclosure,
answer, or response.
(2) A motion to compel must include:
(i) A certification that the moving
party has conferred in good faith or
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attempted to confer with the party
failing to make initial disclosure or
respond to discovery requests as
provided in this subpart in an effort to
obtain compliance without the necessity
of a motion;
(ii) A copy of the discovery requests
that have not been answered or for
which evasive or incomplete responses
have been given. If the motion is limited
to specific discovery requests, only
those requests are to be included;
(iii) If a disclosure has been made or
an answer or response has been given,
a copy of the disclosure, answer, or
response in its entirety;
(iv) A copy of the certificate of service
that accompanied the discovery request;
and
(v) A request for relief and supporting
argument, if any.
(3) A party may file a response to the
motion within 7 days of the service date
of the motion. Unless there is a dispute
with respect to the accuracy of the
versions of the discovery requests,
responses thereto, or the disclosures
submitted by the moving party, the
response must not include duplicative
copies of them.
(4) A reply to a response is not
allowed unless requested by the
presiding officer, or upon a showing of
extraordinary circumstances.
(b) Failure to comply with order
compelling disclosures or discovery. If a
party or a party’s officer or authorized
representative fails or refuses to obey an
order requiring it to make disclosures or
to respond to discovery requests, the
presiding officer upon his or her own
initiative or upon motion of a party may
make such orders in regard to the failure
or refusal as are just. A motion must
include a certification that the moving
party has conferred in good faith or
attempted to confer with the
disobedient party in an effort to obtain
compliance without the necessity of a
motion. An order of the presiding officer
may:
(1) Direct that the matters included in
the order or any other designated facts
must be taken to be established for the
purposes of the action as the party
making the motion claims;
(2) Prohibit the disobedient party
from supporting or opposing designated
claims or defenses, or from introducing
designated matters in evidence; or
(3) Strike pleadings in whole or in
part; staying further proceedings until
the order is obeyed; or dismissing the
action or proceeding or any party
thereto, or rendering a decision by
default against the disobedient party.
(c) Enforcement of orders and
subpoenas. In the event of refusal to
obey an order or failure to comply with
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61535
a subpoena, the Attorney General at the
request of the Commission, or any party
injured thereby may seek enforcement
by a United States district court having
jurisdiction over the parties. Any action
with respect to enforcement of
subpoenas or orders relating to
depositions, written interrogatories, or
other discovery matters must be taken
within 20 days of the date of refusal to
obey or failure to comply. A private
party must advise the Commission 5
days (excluding Saturdays, Sundays and
legal holidays) before applying to the
court of its intent to seek enforcement
of such subpoenas and discovery orders.
(d) Persons and documents located in
a foreign country. Orders of the
presiding officer directed to persons or
documents located in a foreign country
must become final orders of the
Commission unless an appeal to the
Commission is filed within 10 days after
date of issuance of such orders or unless
the Commission on its own motion
reverses, modifies, or stays such rulings
within 20 days of their issuance. Replies
to appeals may be filed within 10 days.
No motion for leave to appeal is
necessary in such instances and no
orders of the presiding officer must be
effective until 20 days from date of
issuance unless the Commission
otherwise directs. [Rule 210.]
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012–24388 Filed 10–9–12; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 11–69 and ET Docket 09–
234; FCC 12–114]
Private Land Mobile Radio Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission modifies its rules to permit
the certification and use of Terrestrial
Trunked Radio (TETRA) equipment.
These amendments are necessary in
order to permit implementation of
TETRA technology in the United States.
DATES: Effective November 9, 2012.
FOR FURTHER INFORMATION CONTACT: Tim
Maguire, Mobility Division, Wireless
Telecommunications Bureau at (202)
418–2155, or TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
SUMMARY:
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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
and Order (R&O), adopted September
19, 2012, and released September 21,
2012. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street
SW., Washington, DC 20554. The
complete text may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street
SW., Room CY–B402, Washington, DC
20554. The full text may also be
downloaded at: www.fcc.gov.
Alternative formats are available to
persons with disabilities by sending an
email to fcc504@fcc.gov or by calling the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Summary
1. The Commission, in effort to bring
into conformity all of it’s part 90
technical rules, via the NPRM,
published at 76 FR 27296, May 11,
2011, proposed to amend part 90 of its
rules to accommodate TETRA
technology. This R&O amends part 90 of
the Commission’s rules that govern
bandwidth limits and emission masks to
permit the certification and use of
Terrestrial Trunked Radio (TETRA)
equipment in both the 450–470 MHz
portion of the UHF band, and in the
Business/Industrial Land Transportation
800 MHz band channels (809–824/854–
869) that are not in the National Public
Safety Planning Advisory Committee
(NPSPAC) portion of the band. These
amendments will give private land
mobile radio (PLMR) licensees
additional equipment alternatives
without increasing the potential for
interference or other adverse effects on
other licensees.
I. Procedural Matters
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A. Final Regulatory Flexibility Analysis
2. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), and Initial Regulatory Flexibility
Analysis (IRFA) was included in the
Notice of Proposed Rulemaking in WT
Docket No. 11–69 and ET Docket No.
09–234. The Commission sought written
public comment on the proposals in
these dockets, including comment on
the IRFA. The Commission has prepared
a Final Regulatory Flexibility Analysis
(‘‘FRFA’’) of the possible significant
economic impact on small entities by
the policies and rules addressed in this
document. This Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA.
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B. Final Paperwork Reduction Act
Analysis
3. The R&O does not contain
proposed new or modified information
collection requirements.
C. Congressional Review Act
4. The Commission will send a copy
of this Report and Order to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
II. Need for, and Objectives of, the Final
Rules
5. The rules adopted in this Report
and Order are intended to amend the
Part 90 rules for authorized bandwidth
and emission masks in order to permit
the implementation in the United States
of land mobile radio equipment
utilizing Terrestrial Trunked Radio
(TETRA) technology. TETRA is a
spectrally efficient digital technology
that we believe can provide valuable
benefits to land mobile radio users.
III. Summary of Significant Issues
Raised by Public Comments in Response
to the IRFA
6. No parties have raised significant
issues in response to the IRFA.
IV. Description and Estimate of the
Number of Small Entities to Which the
Proposed 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 proposed rules and policies, if
adopted. See 5 U.S.C. 603(b)(3). The
RFA generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ See 5 U.S.C. 601(6). In
addition, pursuant to 5 U.S.C. 601(3)
and 15 U.S.C. 632, 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 SBA.
8. Nationwide, there are a total of 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.’’ See SBA, Programs and Services,
SBA Pamphlet No. CO–0028, at p. 40
(July 2002). According to the
–Independent Section, The New
Nonprofit Alamanac & Desk Reference
(2002), Nationwide, there were
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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.’’
See U.S.C. 601(5). Census Bureau data
for 2002 indicate that there were 87,525
local governmental jurisdictions in the
United States.1 We estimate that, of this
total, 84,377 entities were ‘‘small
governmental jurisdictions.’’ 2 Thus, we
estimate that most governmental
jurisdictions are small. Below, we
further describe and estimate the
number of small entities, applicants and
licensees, that may be affected by our
action.
9. Private Land Mobile Radio
Licensees. PLMR systems serve an
essential role in a 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, and are
often used in support of the licensee’s
primary (non-telecommunications)
business operations. For the purpose of
determining whether a licensee of a
PLMR system is a small business as
defined by the SBA, we use the broad
census category, Wireless
Telecommunications Carriers (except
Satellite). This definition provides that
a small entity is any such entity
employing no more than 1,500 persons.
See 13 CFR 121.201, NAICS code
517210. The Commission does not
require PLMR licensees to disclose
information about number of
employees, so the Commission does not
have information that could be used to
determine how many PLMR licensees
constitute small entities under this
definition. We note that PLMR licensees
generally use the licensed facilities in
support of other business activities, and
therefore, it would also be helpful to
assess PLMR licensees under the
standards applied to the particular
industry subsector to which the licensee
belongs. See 13 CFR 121.201.
10. As of March 2010, there were
424,162 PLMR licensees operating
921,909 transmitters in the PLMR bands
below 512 MHz. We note that any entity
engaged in a commercial activity is
eligible to hold a PLMR license, and that
1 U.S. Census Bureau, Statistical Abstract of the
United States: 2006, Section 8, page 272, Table 415.
2 We assume that the villages, school districts,
and special districts are small and total 48,558. See
U.S. Census Bureau, Statistical Abstract of the
United States: 2006, section 8, p. 273, Table 417.
For 2002, Census Bureau data indicate that the total
number of county, municipal, and township
governments nationwide was 38,967, of which
35,819 were small. Id.
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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
any revised rules in this context could
therefore potentially impact small
entities covering a great variety of
industries.
11. RF Equipment Manufacturers. 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.’’ See U.S.
Census Bureau, 202 NAICS Definitions,
‘‘334220 Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing’’; https://
www.census.gov/epcd/naics02/def/
NDEF334.HTM#N3342. The SBA small
business size standard for Radio and
Television Broadcasting and Wireless
Communications Equipment
Manufacturing is all such firms having
750 or fewer employees. See 13 CFR
121.201, NAICS code 334220.
According to Census Bureau data for
2007, there were a total of 919
establishments in this category that
operated for the entire year. Of this
total, 771 had fewer than 100 employees
and 148 had more than 100 employees.
See https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&fds_name=EC0700A1&-_skip=4500&ds_name=EC0731SG3&-_lang=en. Thus,
under this size standard, the majority of
firms can be considered small.
303(g), and 303(r), this Report and
Order is adopted.
17. Part 90 of the Commission’s rules
is amended as set forth below, and will
become effective November 9, 2012.
18. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
V. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
12. There are no projected reporting,
recordkeeping or other compliance
requirements.
VI. Steps Taken To Minimize 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 reaching its
proposed approach, which may include
the following four alternatives: (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. See 603(c)(1)–(4).
14. None of the decisions in this
Report and Order impose any adverse
burden of significant economic impact
on small entities. Accordingly, there is
no need to consider significant
alternatives.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 90 as
follows:
PART 90—Private Land Mobile Radio
Services
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).
VII. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
2. Section 90.209 is amended by
adding footnote 6 to the table in
paragraph (b)(5) to read as follows:
■
15. None.
16. Pursuant to sections 1, 4(i), 303(f),
303(g), and 303(r) of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 303(f),
§ 90.209
*
Bandwidth limitations.
*
*
(b) * * *
(5) * * *
*
*
STANDARD CHANNEL SPACING/BANDWIDTH
Frequency band
(MHz)
Channel spacing
(kHz)
*
*
*
*
*
406–512 2 .................................................................................................................................
*
*
*
*
*
1 3 6 20/11.25/6
*
6 20
25
*
*
1 For
*
stations authorized on or after August 18, 1995.
for radiolocation stations in the 420–450 MHz band and for stations operating in bands subject to this footnote will be reviewed
and authorized on a case-by-case basis.
3 Operations using equipment designed to operate with a 25 kHz channel bandwidth will be authorized a 20 kHz bandwidth. Operations using
equipment designed to operate with a 12.5 kHz channel bandwidth will be authorized a 11.25 kHz bandwidth. Operations using equipment designed to operate with a 6.25 kHz channel bandwidth will be authorized a 6 kHz bandwidth. All stations must operate on channels with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless the operations meet the efficiency standard of § 90.203(j)(3).
*
*
*
*
*
*
*
6 Operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22 kHz bandwidth if the equipment meets the Adjacent Channel Power limits of § 90.221.
2 Bandwidths
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*
1 6.25
*
*
*
*
*
809–824/854–869 ....................................................................................................................
*
Authorized bandwidth
(kHz)
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10OCR1
61538
*
Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations
*
*
*
*
3. Section 90.210 is amended by
adding footnote 5 to the table to read as
follows:
■
§ 90.210
*
*
Emission masks.
*
*
*
APPLICABLE EMISSION MASKS
Frequency band
(MHz)
Mask for equipment with
audio low pass filter
*
*
*
*
421–512 2 5 .....................................................................................................................
*
*
B, D, or E ...........................
C, D, or E.
*
*
*
*
809–824/854–869 3 5 ......................................................................................................
*
*
B .........................................
G.
*
*
*
*
*
Mask for equipment without
audio low pass filter
*
*
*
*
*
*
*
*
*
*
*
2 Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B or C, as applicable.
Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the requirements of Emission Mask D, and equipment designed to
operate with a 6.25 kHz channel bandwidth must meet the requirements of Emission Mask E.
*
*
*
*
*
*
*
3 Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of § 90.691.
5 Equipment may alternatively meet the Adjacent Channel Power limits of § 90.221.
*
*
*
*
*
4. Add § 90.221 to subpart I to read as
follows:
■
§ 90.221
Frequency offset
Maximum
ACP (dBc)
for devices
1 watt and
less
Maximum
ACP (dBc)
for devices
above 1
watt
25 kHz ..............
50 kHz ..............
75 kHz ..............
¥55 dBc
¥70 dBc
¥70 dBc
¥60 dBc
¥70 dBc
¥70 dBc
Adjacent channel power limits.
(a) For the frequency bands indicated
below, operations using equipment
designed to operate with a 25 kHz
channel bandwidth may be authorized
up to a 22 kHz bandwidth if the
equipment meets the adjacent channel
power (ACP) limits below. The table
specifies a value for the ACP as a
function of the displacement from the
channel center frequency and a
measurement bandwidth of 18 kHz.
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(b)(1) Maximum adjacent power levels
for frequencies in the 450–470 MHz
band:
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(2) In any case, no requirement in
excess of ¥36 dBm shall apply.
(c)(1) Maximum adjacent power levels
for frequencies in the 809–824/854–869
MHz band:
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Frequency offset
Maximum
ACP (dBc)
for devices
less than 15
watts
Maximum
ACP (dBc)
for devices
15 watts
and above
25 kHz ..............
50 kHz ..............
75 kHz ..............
¥55 dBc
¥65 dBc
¥65 dBc
¥55 dBc
¥65 dBc
¥70 dBc
(2) In any case, no requirement in
excess of ¥36 dBm shall apply.
(d) On any frequency removed from
the assigned frequency by more than 75
kHz, the attenuation of any emission
must be at least 43 + 10 log (Pwatts) dB.
[FR Doc. 2012–24792 Filed 10–9–12; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Pages 61535-61538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24792]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 11-69 and ET Docket 09-234; FCC 12-114]
Private Land Mobile Radio Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission modifies its rules to permit
the certification and use of Terrestrial Trunked Radio (TETRA)
equipment. These amendments are necessary in order to permit
implementation of TETRA technology in the United States.
DATES: Effective November 9, 2012.
FOR FURTHER INFORMATION CONTACT: Tim Maguire, Mobility Division,
Wireless Telecommunications Bureau at (202) 418-2155, or TTY (202) 418-
7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
[[Page 61536]]
and Order (R&O), adopted September 19, 2012, and released September 21,
2012. The full text of this document is available for inspection and
copying during normal business hours in the FCC Reference Center, 445
12th Street SW., Washington, DC 20554. The complete text may be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC
20554. The full text may also be downloaded at: www.fcc.gov.
Alternative formats are available to persons with disabilities by
sending an email to fcc504@fcc.gov or by calling the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).
Summary
1. The Commission, in effort to bring into conformity all of it's
part 90 technical rules, via the NPRM, published at 76 FR 27296, May
11, 2011, proposed to amend part 90 of its rules to accommodate TETRA
technology. This R&O amends part 90 of the Commission's rules that
govern bandwidth limits and emission masks to permit the certification
and use of Terrestrial Trunked Radio (TETRA) equipment in both the 450-
470 MHz portion of the UHF band, and in the Business/Industrial Land
Transportation 800 MHz band channels (809-824/854-869) that are not in
the National Public Safety Planning Advisory Committee (NPSPAC) portion
of the band. These amendments will give private land mobile radio
(PLMR) licensees additional equipment alternatives without increasing
the potential for interference or other adverse effects on other
licensees.
I. Procedural Matters
A. Final Regulatory Flexibility Analysis
2. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), and Initial Regulatory Flexibility Analysis (IRFA) was
included in the Notice of Proposed Rulemaking in WT Docket No. 11-69
and ET Docket No. 09-234. The Commission sought written public comment
on the proposals in these dockets, including comment on the IRFA. The
Commission has prepared a Final Regulatory Flexibility Analysis
(``FRFA'') of the possible significant economic impact on small
entities by the policies and rules addressed in this document. This
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
B. Final Paperwork Reduction Act Analysis
3. The R&O does not contain proposed new or modified information
collection requirements.
C. Congressional Review Act
4. The Commission will send a copy of this Report and Order to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
II. Need for, and Objectives of, the Final Rules
5. The rules adopted in this Report and Order are intended to amend
the Part 90 rules for authorized bandwidth and emission masks in order
to permit the implementation in the United States of land mobile radio
equipment utilizing Terrestrial Trunked Radio (TETRA) technology. TETRA
is a spectrally efficient digital technology that we believe can
provide valuable benefits to land mobile radio users.
III. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA
6. No parties have raised significant issues in response to the
IRFA.
IV. Description and Estimate of the Number of Small Entities to Which
the Proposed 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 proposed rules and policies, if adopted. See 5 U.S.C.
603(b)(3). The RFA generally defines the term ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' See 5 U.S.C.
601(6). In addition, pursuant to 5 U.S.C. 601(3) and 15 U.S.C. 632, 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 SBA.
8. Nationwide, there are a total of 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.'' See SBA, Programs and Services, SBA
Pamphlet No. CO-0028, at p. 40 (July 2002). According to the -
Independent Section, The New Nonprofit Alamanac & Desk Reference
(2002), Nationwide, 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.'' See U.S.C. 601(5). Census Bureau data for 2002
indicate that there were 87,525 local governmental jurisdictions in the
United States.\1\ We estimate that, of this total, 84,377 entities were
``small governmental jurisdictions.'' \2\ Thus, we estimate that most
governmental jurisdictions are small. Below, we further describe and
estimate the number of small entities, applicants and licensees, that
may be affected by our action.
---------------------------------------------------------------------------
\1\ U.S. Census Bureau, Statistical Abstract of the United
States: 2006, Section 8, page 272, Table 415.
\2\ We assume that the villages, school districts, and special
districts are small and total 48,558. See U.S. Census Bureau,
Statistical Abstract of the United States: 2006, section 8, p. 273,
Table 417. For 2002, Census Bureau data indicate that the total
number of county, municipal, and township governments nationwide was
38,967, of which 35,819 were small. Id.
---------------------------------------------------------------------------
9. Private Land Mobile Radio Licensees. PLMR systems serve an
essential role in a 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, and are often used in
support of the licensee's primary (non-telecommunications) business
operations. For the purpose of determining whether a licensee of a PLMR
system is a small business as defined by the SBA, we use the broad
census category, Wireless Telecommunications Carriers (except
Satellite). This definition provides that a small entity is any such
entity employing no more than 1,500 persons. See 13 CFR 121.201, NAICS
code 517210. The Commission does not require PLMR licensees to disclose
information about number of employees, so the Commission does not have
information that could be used to determine how many PLMR licensees
constitute small entities under this definition. We note that PLMR
licensees generally use the licensed facilities in support of other
business activities, and therefore, it would also be helpful to assess
PLMR licensees under the standards applied to the particular industry
subsector to which the licensee belongs. See 13 CFR 121.201.
10. As of March 2010, there were 424,162 PLMR licensees operating
921,909 transmitters in the PLMR bands below 512 MHz. We note that any
entity engaged in a commercial activity is eligible to hold a PLMR
license, and that
[[Page 61537]]
any revised rules in this context could therefore potentially impact
small entities covering a great variety of industries.
11. RF Equipment Manufacturers. 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.'' See U.S. Census Bureau, 202 NAICS
Definitions, ``334220 Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing''; https://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342. The SBA small business size standard for
Radio and Television Broadcasting and Wireless Communications Equipment
Manufacturing is all such firms having 750 or fewer employees. See 13
CFR 121.201, NAICS code 334220. According to Census Bureau data for
2007, there were a total of 919 establishments in this category that
operated for the entire year. Of this total, 771 had fewer than 100
employees and 148 had more than 100 employees. See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en. Thus, under
this size standard, the majority of firms can be considered small.
V. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
12. There are no projected reporting, recordkeeping or other
compliance requirements.
VI. Steps Taken To Minimize 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 reaching its proposed approach,
which may include the following four alternatives: (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. See 603(c)(1)-(4).
14. None of the decisions in this Report and Order impose any
adverse burden of significant economic impact on small entities.
Accordingly, there is no need to consider significant alternatives.
VII. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
15. None.
16. Pursuant to sections 1, 4(i), 303(f), 303(g), and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(f),
303(g), and 303(r), this Report and Order is adopted.
17. Part 90 of the Commission's rules is amended as set forth
below, and will become effective November 9, 2012.
18. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of this Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 90 as follows:
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. Section 90.209 is amended by adding footnote 6 to the table in
paragraph (b)(5) to read as follows:
Sec. 90.209 Bandwidth limitations.
* * * * *
(b) * * *
(5) * * *
Standard Channel Spacing/Bandwidth
----------------------------------------------------------------------------------------------------------------
Authorized bandwidth
Frequency band (MHz) Channel spacing (kHz) (kHz)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
406-512 \2\................................................... \1\ 6.25 1 3 6 20/11.25/6
* * * * * * *
809-824/854-869............................................... 25 \6\ 20
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ For stations authorized on or after August 18, 1995.
\2\ Bandwidths for radiolocation stations in the 420-450 MHz band and for stations operating in bands subject to
this footnote will be reviewed and authorized on a case-by-case basis.
\3\ Operations using equipment designed to operate with a 25 kHz channel bandwidth will be authorized a 20 kHz
bandwidth. Operations using equipment designed to operate with a 12.5 kHz channel bandwidth will be authorized
a 11.25 kHz bandwidth. Operations using equipment designed to operate with a 6.25 kHz channel bandwidth will
be authorized a 6 kHz bandwidth. All stations must operate on channels with a bandwidth of 12.5 kHz or less
beginning January 1, 2013, unless the operations meet the efficiency standard of Sec. 90.203(j)(3).
* * * * * * *
\6\ Operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22
kHz bandwidth if the equipment meets the Adjacent Channel Power limits of Sec. 90.221.
[[Page 61538]]
* * * * *
0
3. Section 90.210 is amended by adding footnote 5 to the table to read
as follows:
Sec. 90.210 Emission masks.
* * * * *
Applicable Emission Masks
----------------------------------------------------------------------------------------------------------------
Mask for equipment with audio low pass Mask for equipment without audio low
Frequency band (MHz) filter pass filter
----------------------------------------------------------------------------------------------------------------
* * * * * * *
421-512 2 5...................... B, D, or E............................ C, D, or E.
* * * * * * *
809-824/854-869 3 5.............. B..................................... G.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\2\ Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B
or C, as applicable. Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the
requirements of Emission Mask D, and equipment designed to operate with a 6.25 kHz channel bandwidth must meet
the requirements of Emission Mask E.
* * * * * * *
\3\ Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of
Sec. 90.691.
\5\ Equipment may alternatively meet the Adjacent Channel Power limits of Sec. 90.221.
* * * * *
0
4. Add Sec. 90.221 to subpart I to read as follows:
Sec. 90.221 Adjacent channel power limits.
(a) For the frequency bands indicated below, operations using
equipment designed to operate with a 25 kHz channel bandwidth may be
authorized up to a 22 kHz bandwidth if the equipment meets the adjacent
channel power (ACP) limits below. The table specifies a value for the
ACP as a function of the displacement from the channel center frequency
and a measurement bandwidth of 18 kHz.
(b)(1) Maximum adjacent power levels for frequencies in the 450-470
MHz band:
------------------------------------------------------------------------
Maximum ACP Maximum ACP
(dBc) for (dBc) for
Frequency offset devices 1 devices
watt and above 1
less watt
------------------------------------------------------------------------
25 kHz........................................ -55 dBc -60 dBc
50 kHz........................................ -70 dBc -70 dBc
75 kHz........................................ -70 dBc -70 dBc
------------------------------------------------------------------------
(2) In any case, no requirement in excess of -36 dBm shall apply.
(c)(1) Maximum adjacent power levels for frequencies in the 809-
824/854-869 MHz band:
------------------------------------------------------------------------
Maximum ACP Maximum ACP
(dBc) for (dBc) for
Frequency offset devices devices 15
less than watts and
15 watts above
------------------------------------------------------------------------
25 kHz........................................ -55 dBc -55 dBc
50 kHz........................................ -65 dBc -65 dBc
75 kHz........................................ -65 dBc -70 dBc
------------------------------------------------------------------------
(2) In any case, no requirement in excess of -36 dBm shall apply.
(d) On any frequency removed from the assigned frequency by more
than 75 kHz, the attenuation of any emission must be at least 43 + 10
log (Pwatts) dB.
[FR Doc. 2012-24792 Filed 10-9-12; 8:45 am]
BILLING CODE 6712-01-P
