Signal Booster Rules, 21555-21565 [2013-07396]
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40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 24, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
Note: This document was received by the
Office of the Federal Register on April 5,
2013.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart MM—Oregon
2. Section 52.1970 is amended by
adding paragraph (c)(155) to read as
follows:
■
§ 52.1970
Identification of plan.
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(c) * * *
(155) On January 13, 2012, the Oregon
Department of Environmental Quality
submitted the Eugene-Springfield PM10
Limited Maintenance Plan and
requested redesignation of the EugeneSpringfield nonattainment area to
attainment for the PM10 National
Ambient Air Quality Standards. The
State also submitted revisions to rules in
the Federally-approved SIP to reflect the
requested redesignation. The State’s
Limited Maintenance Plan,
redesignation request, and rule revisions
meet the requirements of the Clean Air
Act.
(i) Incorporation by reference.
(A) The following revised sections of
the Oregon Administrative Rules (OAR)
Chapter 340, effective December 21,
2011: Division 204, Designation of Air
Quality Areas: Rule 0010 Definitions;
Rule 0030 Designation of Nonattainment
Areas; and Rule 0040 Designation of
Maintenance Areas.
(B) Letter from Merlyn Hough, dated
January 8, 2013, certifying that Lane
Regional Air Protection Agency
(LRAPA) adopted LRAPA provisions
from Titles 29 and 32 on September 26,
2011 as described in the LRAPA Board
meeting minutes.
(C) Lane Regional Air Protection
Agency (LRAPA) Board meeting
minutes, dated September 26, 2011.
(D) The following revised sections of
the Lane Regional Air Protection
Agency (LRAPA) Rules, Title 29
Designation of Air Quality Areas,
adopted September 26, 2011: Section
29–0010 Definitions (except paragraphs
1 through 5, and 7 through 14); Section
29–0030 Designation of Nonattainment
Areas; and Section 29–0040 Designation
of Maintenance Areas.
(E) The following revised sections of
the Lane Regional Air Protection
Agency (LRAPA) Rules Title 32
Emission Standards, adopted September
26, 2011: Section 32–060 Air Conveying
Systems; and Section 32–065 Sulfur
Content of Fuels (except paragraphs 1
and 2).
3. Section 52.1973 is amended by
adding paragraph (e)(6) to read as
follows:
■
§ 52.1973
Approval of plans.
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(e) * * *
(6) EPA approves as a revision to the
Oregon State Implementation Plan, the
Eugene-Springfield PM10 Limited
Maintenance Plan adopted by the
Oregon Environmental Quality
Commission on December 15, 2011 and
submitted to EPA on January 13, 2012.
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PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
5. In § 81.338, the table entitled
‘‘Oregon-PM–10’’ is amended by
revising the entry for ‘‘Eugene/
Springfield (the Urban Growth
Boundary area)’’ to read as follows:
■
§ 81.338
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Oregon.
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OREGON—PM–10
Designation
Classification
Designated area
Date
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Eugene/Springfield (the Urban Growth Boundary
area).
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6/10/13
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Type
Date
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Attainment ........................
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ACTION:
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Final rule.
[FR Doc. 2013–08394 Filed 4–10–13; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 20, 22, 24, 27, and
90
[WT Docket No. 10–4; FCC 13–21]
Signal Booster Rules
Federal Communications
Commission.
18:35 Apr 10, 2013
Effective May 13, 2013, except
for amendments to §§ 1.1307(b)(1), 20.3,
20.21(a)(2), 20.21(a)(5), 20.21(e)(2),
DATES:
AGENCY:
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In this document, the Federal
Communications Commission
(Commission) amends its rules
concerning signal boosters for consumer
and industrial use in effort to enhance
wireless coverage for consumers,
particularly in rural, underserved, and
difficult-to-serve areas by broadening
the availability of signal boosters while
ensuring that boosters do not adversely
affect wireless networks.
SUMMARY:
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20.21(e)(8)(i)(G), 20.21(e)(9)(i)(H),
20.21(f), 20.21(h), 22.9, 24.9, 27.9,
90.203(q), 90.219(b)(1)(i), 90.219(d)(5),
and 90.219(e)(5), which contain
information collection requirements that
are not effective until approved by the
Office of Management and Budget
(‘‘OMB’’). The FCC will publish a
document in the Federal Register
announcing the effective date for those
sections.
FOR FURTHER INFORMATION CONTACT:
Joyce Jones, Mobility Division, Wireless
Telecommunications Bureau, (202) 418–
1327, TTY (202) 418–7233.
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This is a
summary of the Federal
Communications Commission’s Report
and Order (R&O), in WT Docket No. 10–
4, FCC 13–21, adopted February 20,
2013, and released February 20, 2013.
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., Room CY–A257, Washington, DC
20554, or by downloading the text from
the Commission’s Web site at https://
transition.fcc.gov/Daily_Releases/Daily
_Business/2013/db0220/FCC-1321A1.pdf. The complete text also may
be purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street
SW., Suite CY–B402, Washington, DC
20554. Alternative formats are available
for people with disabilities (Braille,
large print, electronic files, audio
format), by sending an email to
FCC504@fcc.gov or calling the
Consumer and Government Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
1. In the R&O, the Commission adopts
new technical, operational, and
registration requirements for signal
boosters. The new rules create two
classes of signal boosters—Consumer
and Industrial—with distinct regulatory
requirements outlined below.
2. Consumer Signal Boosters are
designed to be used ‘‘out of the box’’ by
individuals to improve their wireless
coverage within a limited area such as
a home, car, boat, or recreational
vehicle. Consumer Signal Boosters will
be authorized under provider licenses
subject to certain requirements.
Specifically, subscribers must obtain
some form of licensee consent to operate
the booster; register the booster with
their provider; use a booster that meets
the Network Protection Standard and is
FCC certificated; and operate the booster
on a secondary, non-interference basis
and shut it down if it causes harmful
interference. Consumers may continue
to use existing signal boosters provided
they (1) have the consent of their
provider, and (2) register the booster
with that provider. The Commission
will conduct consumer outreach to
educate consumers, public safety
entities, small businesses, and others
about our new regulatory framework
3. Industrial Signal Boosters include a
wide variety of devices that are
designed for installation by licensees or
qualified installers. These devices are
typically designed to serve multiple
users simultaneously and cover larger
areas such as stadiums, airports, office
buildings, hospitals, tunnels, and
educational campuses. Industrial Signal
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SUPPLEMENTARY INFORMATION:
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Boosters require an FCC license or
express licensee consent to operate, and
must be appropriately labeled. The R&O
also revises technical and operational
requirements for duly licensed part 90
Private Land Mobile Radio (PLMR),
non-consumer signal boosters.
4. We establish a two-step transition
process for equipment certification for
both Consumer and Industrial Signal
Boosters sold and marketed in the
United States. First, on the release date
of this R&O, we will no longer accept
applications for equipment certification
of Consumer or Industrial Signal
Boosters that do not comply with our
new rules and will cease certification of
devices that do not comply with our
new rules. Second, on or after March 1,
2014, all Consumer and Industrial
Signal Boosters sold and marketed in
the United States must meet our new
requirements.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
5. This document contains modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. It
has been submitted to the Office of
Management and Budget (OMB) for
review under Section 3507(d) of the
PRA. OMB, the general public, and
other Federal agencies are invited to
comment on the new or modified
information collection requirements
contained in this proceeding. In
addition, the Commission notes that
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
it previously sought specific comment
on how it might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
6. In the present document, the
Commission assessed the effects of the
policies adopted in this R&O with
regard to information collection burdens
on small business concerns, and find
that these policies will benefit many
companies with fewer than 25
employees because the rules we adopt
should provide small entities with
access to the coverage enhancing
benefits of signal boosters that do not
harm wireless networks. In addition, we
describe below impacts that might affect
small businesses, which includes most
businesses with fewer than 25
employees.
B. Report to Congress
7. The Commission will send a copy
of this R&O in a report to Congress and
the Government Accountability Office
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pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
8. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Notice of Proposed Rule Making (NPRM)
in WT Docket 10–4, at 76 FR 26983,
May 10, 2011. The Commission sought
written public comment on the
proposals in the NPRM, including
comment on the IRFA. This present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
Need for, and Objectives of, the
Report and Order:
9. In the R&O the Commission adopts
rules and policies that will enhance
wireless coverage for consumers,
particularly in rural and underserved
areas, by broadening the availability of
signal boosters while ensuring that
boosters do not adversely affect wireless
networks. Mobile voice and mobile
broadband services are increasingly
important to consumers and to our
nation’s economy. While nearly the
entire U.S. population is served by one
or more wireless providers, coverage
gaps that exist within and at the edge of
service areas can lead to dropped calls,
reduced data speeds, or complete loss of
service. Robust signal boosters can
bridge these gaps and extend coverage at
the fringe of service areas. Signal
boosters are particularly useful in rural
and difficult-to-serve indoor
environments, such as hospitals. Signal
boosters can also improve public safety
communications by enabling the public
to connect to 911 in areas where
wireless coverage is deficient or where
an adequate communications signal is
blocked or shielded. In short, because
signal boosters represent a cost-effective
means of improving our nation’s
wireless infrastructure, the rules the
Commission adopts today should lead
to more robust service for many
Americans at home, at work, and on the
road.
Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA:
10. There were no comments that
specifically addressed the IRFA.
Nonetheless, we have considered the
potential impact of the rules adopted
herein on small entities, and conclude
that such impact would be minimal, in
terms of measurable economic costs
associated with compliance with the
rules.
Description and Estimate of the
Number of Small Entities to Which
Rules Will Apply:
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11. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the rules adopted. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act. A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
12. Small Businesses, Small
Organizations, and Small Governmental
Jurisdictions. As of 2009, small
businesses represented 99.9% of the
27.5 million businesses in the United
States, according to the SBA. See SBA,
Office of Advocacy, ‘‘Frequently Asked
Questions,’’ available at https://
web.sba.gov/faqs/
faqindex.cfm?areaid=24 (last visited
Dec. 11, 2012). Additionally, a ‘‘small
organization’’ is generally ‘‘any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.’’ See 5 U.S.C.
601(4). Nationwide, as of 2007, there
were approximately 1,621,315 small
organizations. See the Independent
Sector, The New Nonprofit Almanac &
Desk Reference (2010). Finally, the term
‘‘small governmental jurisdiction’’ is
defined generally as ‘‘governments of
cities, counties, towns, townships,
villages, school districts, or special
districts, with a population of less than
fifty thousand.’’ See 5 U.S.C. 601(5).
Census Bureau data for 2007 indicate
that there were 89,527 governmental
jurisdictions in the United States. See
U.S. CENSUS BUREAU, STATISTICAL
ABSTRACT OF THE UNITED STATES:
2011, Table 427 (2007). We estimate
that, of this total, as many as 88,761
entities may qualify as ‘‘small
governmental jurisdictions.’’ 1 Thus, we
1 The 2007 U.S Census data for small
governmental organizations are not presented based
on the size of the population in each such
organization. There were 89,476 local governmental
organizations in 2007. If we assume that county,
municipal, township, and school district
organizations are more likely than larger
governmental organizations to have populations of
50,000 or less, the total of these organizations is
52,095. If we make the same population assumption
about special districts, specifically that they are
likely to have a population of 50,000 or less, and
also assume that special districts are different from
county, municipal, township, and school districts,
in 2007 there were 37,381 such special districts.
Therefore, there are a total of 89,476 local
government organizations. As a basis of estimating
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estimate that most governmental
jurisdictions are small.
13. Wireless Telecommunications
Carriers (except satellite). This industry
comprises establishments engaged in
operating and maintaining switching
and transmission facilities to provide
communications via the airwaves.
Establishments in this industry have
spectrum licenses and provide services
using that spectrum, such as cellular
phone services, paging services,
wireless Internet access, and wireless
video services. See https://
www.census.gov/cgi-bin/sssd/naics/
naicsrch?code=517210&search=2007%
20NAICS%20Search. The appropriate
size standard under SBA rules is for the
category Wired Telecommunications
Carriers. Under that size standard, such
a business is small if it has 1,500 or
fewer employees. See 13 CFR 121.201,
NAICS code 517110. Census Bureau
data for 2007, which now supersede
data from the 2002 Census, show that
there were 3,188 firms in this category
that operated for the entire year. Of this
total, 3,144 had employment of 999 or
fewer, and 44 firms had employment of
1,000 employees or more. Thus under
this category and the associated small
business size standard, the Commission
estimates that the majority of wireless
telecommunications carriers (except
satellite) are small entities that may be
affected by our actions. See https://
factfinder.census.gov/servlet/IBQTable
?_bm=y&-fds_name=EC0700A1&-geo_
id=&-_skip=600&-ds_name=
EC0751SSSZ5&-_lang=en.
14. Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing. 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
how many of these 89,476 local government
organizations were small, in 2011, we note that
there were a total of 715 cities and towns
(incorporated places and minor civil divisions) with
populations over 50,000. CITY AND TOWNS
TOTALS: VINTAGE 2011—U.S. Census Bureau,
available at https://www.census.gov/popest/data/
cities/totals/2011/. If we subtract the 715
cities and towns that meet or exceed the 50,000
population threshold, we conclude that
approximately 88,761 are small. U.S. CENSUS
BUREAU, STATISTICAL ABSTRACT OF THE
UNITED STATES 2011, Tables 427, 426 (Data cited
therein are from 2007).
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equipment.’’ See U.S. Census Bureau,
2007 NAICS Definitions, ‘‘334220 Radio
and Television Broadcasting and
Wireless Communications Equipment
Manufacturing’’; https://
www.census.gov/naics/2007/def/
ND334220.HTM#N334220. The SBA has
developed a small business size
standard for firms in this category,
which is: all such firms having 750 or
fewer employees. See 13 CFR 121.201,
NAICS code 334220. According to
Census Bureau data for 2010, there were
a total of 810 establishments in this
category that operated for the entire
year.2 Of this total, 787 had employment
of fewer than 500, and an additional 23
had employment of 500 to 999.3 Thus,
under this size standard, the majority of
firms can be considered small.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities:
15. Wireless providers must create
and maintain a registration mechanism
to allow Consumer Signal Booster
operators to register their devices. In
addition, on March 1, 2015 and March
1, 2016, the nationwide wireless
providers must make public certain
information regarding their consent for
their subscribers to use Consumer
Signal Boosters. Specifically, these
wireless providers must publicly
indicate their status regarding consent
for each Consumer Signal Booster which
has received FCC certification.
16. Consumer Signal Boosters must
meet the Network Protection Standard
with the following requirements: (1)
Comply with existing technical
parameters (e.g., power and unwanted
emissions) for the applicable spectrum
band; (2) automatically self-monitor
certain operations and shut down if not
in compliance with our new technical
rules; (3) automatically detect and
mitigate oscillations in the uplink and
downlink bands; (4) power down or
shut down automatically when a device
is not needed, such as when the device
approaches the base station with which
it is communicating; (5) be designed so
that these features cannot be easily
2 U.S. Census Bureau, American FactFinder, 2010
Economic Census, Industry Series, Industry
Statistics by Employment Size, NAICS code 334220
(released June 26, 2012); https://
factfinder.census.gov. The number of
‘‘establishments’’ is a less helpful indicator of small
business prevalence in this context than would be
the number of ‘‘firms’’ or ‘‘companies,’’ because the
latter take into account the concept of common
ownership or control. Any single physical location
for an entity is an establishment, even though that
location may be owned by a different establishment.
Thus, the numbers given may reflect inflated
numbers of businesses in this category, including
the numbers of small businesses.
3 Id. Eighteen establishments had employment of
1,000 or more.
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defeated; and (6) incorporate
interference avoidance for wireless
subsystems. In addition, Consumer
Signal Boosters must comply with
current RF exposure requirements.
Consumers may continue to use existing
signal boosters provided they (1) have
the consent of their serving provider;
and (2) register the booster with that
provider.
17. The new rules also clarify that
Industrial Signal Boosters require an
FCC license or licensee consent to
operate, must be appropriately labeled,
and must comply with our current RF
exposure requirements. Regarding part
90 Private Land Mobile Radio (PLMR),
non-consumer signal boosters operated
by licensees, the Commission revised its
technical and operational requirements
aimed at preventing interference. In
addition, Part 90 Class B signal booster
operators much register their devices
with the Commission.
18. The Commission established a
two-step transition process for
equipment certification: (1) On the
release date of this R&O, the
Commission will no longer accept
applications for equipment certification
of Consumer or Industrial Signal
Boosters that do not comply with our
new rules and will cease certification of
devices that do not comply with our
new rules; and (2) as of March 1, 2014,
all Consumer and Industrial Signal
Boosters sold and marketed in the
United States must meet the new
requirements.
Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered:
19. The RFA requires an agency to
describe the steps it has taken to
minimize the significant economic
impact on small entities consistent with
the stated objectives of applicable
statutes, including a statement of the
factual, policy, and legal reasons for
selecting the alternative adopted in the
final rule and why each one of the other
significant alternatives to the rule
considered by the agency which affect
the impact on small entities was
rejected.
20. With the exception of the
Consumer Signal Booster consent
reporting requirement, the projected
reporting, recordkeeping, and other
compliance requirements resulting from
the R&O will apply to all entities in the
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same manner. The Commission believes
that applying the same rules equally to
all entities in this context promotes
fairness. The Commission does not
believe that the costs and/or
administrative burdens associated with
the rules will unduly burden small
entities. The revisions the Commission
adopts should benefit small entities by
giving them more information for
resolving instances of interference
should it occur. Thus, for example, a
small business experiencing
interference in part 90 frequencies,
which it suspects may be the result of
a signal booster, may access the
Commission’s part 90 Class B signal
booster registration tool and research
any nearby Class B operators in an effort
to stop the interference.
21. Regarding the reporting of
wireless providers’ consent to Consumer
Signal Booster, this requirement only
applies to nationwide wireless
providers. The Commission concluded
that it was appropriate to monitor
provider behavior with respect to signal
boosters. Specifically, in the event the
Commission observes that providers are
refusing to give timely and reasonable
consideration to signal booster consent
requests, it could take appropriate
action including measures such as
vigorous investigation or revisiting the
authorization mechanism for Consumer
Signal Boosters. The Commission
determined, however, that it would be
able to obtain sufficient information in
this regard while limiting the
requirement to nationwide wireless
providers. Thus, the Commission was
able to minimize the impact of this
requirement on small entities.
F. Report to Congress
22. The Commission will send a copy
of the R&O in WT Docket No. 10–4,
including the Final Regulatory
Flexibility Analysis, in a report to be
sent to Congress and the Congressional
Budget Office pursuant to the
Congressional Review Act. In addition,
the Commission will send a copy of the
R&O in WT Docket No. 10–4, including
the Final Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the SBA. A copy of the
R&O in WT Docket No. 10–4 and the
Final Regulatory Flexibility Analysis (or
summaries thereof) will also be
published in the Federal Register.
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List of Subjects
47 CFR Part 1
Administrative practice and
procedure, Communications common
carriers, Telecommunications.
47 CFR Part 2
Frequency allocations and radio treaty
matters.
47 CFR Part 20
Commercial mobile radio service.
47 CFR Part 22
Public mobile services.
47 CFR Part 24
Personal communications services.
47 CFR Part 27
Miscellaneous wireless
communications services.
47 CFR Part 90
Private land mobile radio services.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 1, 2,
20, 22, 24, 27, and 90 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 227, 303(r),
and 309, the Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. 112–96, and 47
U.S.C. 1473.
2. Section 1.1307 is amended by
adding a new entry to Table 1 below the
existing row for Experimental Radio
Services and above the existing row for
Paging and Radiotelephone Service, and
by revising the first sentence in (b)(2) to
read as follows:
■
§ 1.1307 Actions that may have a
significant environmental effect, for which
Environmental Assessments (EAs) must be
prepared.
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(b) * * *
(1) * * *
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TABLE 1—TRANSMITTERS, FACILITIES AND OPERATIONS SUBJECT TO ROUTINE ENVIRONMENTAL EVALUATION
Service (title 47 CFR rule part)
Evaluation required if:
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Commercial Mobile Radio Services (part 20) .....
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(2) Mobile and portable transmitting
devices that operate in the Commercial
Mobile Radio Services pursuant to part
20 of this chapter; the Cellular
Radiotelephone Service pursuant to part
22 of this chapter; the Personal
Communications Services pursuant to
part 24 of this chapter; the Satellite
Communications Services pursuant to
part 25 of this chapter; the
Miscellaneous Wireless
Communications Services pursuant to
part 27 of this chapter; the Maritime
Services (ship earth station devices
only) pursuant to part 80 of this chapter;
and the Specialized Mobile Radio
Service, and the 3650 MHz Wireless
Broadband Service pursuant to part 90
of this chapter are subject to routine
environmental evaluation for RF
exposure prior to equipment
authorization or use, as specified in
§§ 2.1091 and 2.1093 of this chapter.
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PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
3. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, and
336, unless otherwise noted.
4. Section 2.1091 is amended by
revising the first sentence in paragraph
(c) to read as follows:
■
§ 2.1091 Radiofrequency radiation
exposure evaluation: mobile devices.
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(c) Mobile devices that operate in the
Cellular Radiotelephone Service
pursuant to part 22 of this chapter; the
Personal Communications Services
pursuant to part 24 of this chapter; the
Satellite Communications Services
pursuant to part 25 of this chapter; the
Miscellaneous Wireless
Communications Services pursuant to
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Non-building-mounted antennas: height above ground level to lowest point of antenna < 10 m
and power > 1000 W ERP (1640 W EIRP).
Building-mounted antennas: power > 1000 W ERP (1640 W EIRP).
The Commercial Mobile Radio Services provisions in part 20 shall apply only if a label is affixed to the transmitting antenna that:
(1) provides adequate notice regarding potential radiofrequency safety hazards, e.g., information regarding the safe minimum separation distance required between users and
transmitting antennas; and
(2) references the applicable FCC-adopted limits for radiofrequency exposure specified in
§ 1.1310.
18:35 Apr 10, 2013
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part 27 of this chapter; the Maritime
Services (ship earth station devices
only) pursuant to part 80 of this chapter;
and the Specialized Mobile Radio
Service, and the 3650 MHz Wireless
Broadband Service pursuant to part 90
of this chapter are subject to routine
environmental evaluation for RF
exposure prior to equipment
authorization or use if they operate at
frequencies of 1.5 GHz or below and
their effective radiated power (ERP) is
1.5 watts or more, or if they operate at
frequencies above 1.5 GHz and their
ERP is 3 watts or more. * * *
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■ 5. Section 2.1093 is amended by
revising the first sentence in paragraph
(c) to read as follows:
§ 2.1093 Radiofrequency radiation
exposure evaluation: portable devices.
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(c) Portable devices that operate in the
Cellular Radiotelephone Service
pursuant to part 22 of this chapter; the
Personal Communications Services
pursuant to part 24 of this chapter; the
Satellite Communications Services
pursuant to part 25 of this chapter; the
Miscellaneous Wireless
Communications Services pursuant to
part 27 of this chapter; the Maritime
Services (ship earth station devices
only) pursuant to part 80 of this chapter;
and the Specialized Mobile Radio
Service, the 4.9 GHz Band Service, and
the 3650 MHz Wireless Broadband
Service pursuant to part 90 of this
chapter; the Wireless Medical Telemetry
Service (WMTS) and the Medical Device
Radiocommunication Service
(MedRadio), pursuant to subparts H and
I of part 95 of this chapter, respectively;
and unlicensed personal
communication service, unlicensed NII
devices and millimeter wave devices
authorized under 15.253(f), 15.255(g),
15.257(g), 15.319(i), and 15.407(f) of this
chapter are subject to routine
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*
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environmental evaluation for RF
exposure prior to equipment
authorization or use. * * *
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PART 20—COMMERCIAL MOBILE
RADIO SERVICES
6. The authority citation for part 20 is
revised to read as follows:
■
Authority: 47 U.S.C. 154, 160, 201, 251–
254, 301–303 and 332 unless otherwise
noted.
■
7. Add § 20.2 to read as follows:
§ 20.2
Other applicable rule parts.
Other FCC rule parts applicable to
licensees in the commercial mobile
radio services include the following:
(a) Part 1. This part includes rules of
practice and procedure for license
applications, adjudicatory proceedings,
procedures for reconsideration and
review of the Commission’s actions;
provisions concerning violation notices
and forfeiture proceedings; competitive
bidding procedures; and the
environmental requirements that,
together with the procedures specified
in § 17.4(c) of this chapter, if applicable,
must be complied with prior to the
initiation of construction. Subpart F
includes the rules for the Wireless
Telecommunications Services and the
procedures for filing electronically via
the ULS.
(b) Part 2. This part contains the Table
of Frequency Allocations and special
requirements in international
regulations, recommendations,
agreements, and treaties. This part also
contains standards and procedures
concerning the marketing and
importation of radio frequency devices,
and for obtaining equipment
authorization.
■ 8. Section 20.3 is amended by adding
definitions ‘‘Consumer Signal Booster’’,
‘‘Fixed Consumer Signal Booster’’,
‘‘Industrial Signal Booster’’, ‘‘Mobile
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Consumer Signal Booster’’, ‘‘Nonindividual’’, ‘‘Provider-Specific
Consumer Signal Boosters’’, ‘‘Signal
booster’’, ‘‘Signal booster operator’’, and
‘‘Wideband Consumer Signal Boosters’’
in alphabetical order to read as follows:
§ 20.3
Definitions.
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Consumer Signal Booster: A bidirectional signal booster that is
marketed and sold to the general public
for use without modification.
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Fixed Consumer Signal Booster. A
Consumer Signal Booster designed to be
operated in a fixed location in a
building.
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Industrial Signal Booster: All signal
boosters other than Consumer Signal
Boosters.
*
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*
Mobile Consumer Signal Booster. A
Consumer Signal Booster designed to
operate in a moving vehicle where both
uplink and downlink transmitting
antennas are at least 20 cm from the
user or any other person.
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Non-individual. A non-individual is a
partnership and each partner is eighteen
years of age or older; a corporation; an
association; a state, territorial, or local
government unit; or a legal entity.
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Provider-Specific Consumer Signal
Boosters. Provider-Specific Consumer
Signal Boosters may only operate on the
frequencies and in the market areas of
the specified licensee(s). ProviderSpecific Consumer Signal Boosters may
only be certificated and operated with
the consent of the licensee(s) whose
frequencies are being amplified by the
device.
*
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*
Signal booster. A device that
automatically receives, amplifies, and
retransmits on a bi- or unidirectional
basis, the signals received from base,
fixed, mobile, or portable stations, with
no change in frequency or authorized
bandwidth.
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Signal booster operator. The signal
booster operator is the person or persons
with control over the functioning of the
signal booster, or the person or persons
with the ability to deactivate it in the
event of technical malfunctioning or
harmful interference to a primary radio
service.
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Wideband Consumer Signal Boosters.
Wideband Consumer Signal Boosters
may operate on the frequencies and in
the market areas of multiple licensees.
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■
9. Add § 20.21 to read as follows:
§ 20.21
Signal boosters.
(a) Operation of Consumer Signal
Boosters. A subscriber in good standing
of a commercial mobile radio service
system may operate a Consumer Signal
Booster for personal use under the
authorization held by the licensee
providing service to the subscriber
provided that the subscriber complies
with paragraphs (a)(1) through (6).
Failure to comply with all applicable
rules in this section and all applicable
technical rules for the frequency band(s)
of operation voids the authority to
operate the Consumer Signal Booster.
(1) Prior to operation, the subscriber
obtains the consent of the licensee
providing service to the subscriber;
(2) Prior to operation, the subscriber
registers the Consumer Signal Booster
with the licensee providing service to
the subscriber;
(3) The subscriber only operates the
Consumer Signal Booster with approved
antennas, cables, and/or coupling
devices as specified by the manufacturer
of the Consumer Signal Booster;
(4) The subscriber operates the
Consumer Signal Booster on frequencies
used for the provision of subscriberbased services under parts 22 (Cellular),
24 (Broadband PCS), 27 (AWS–1, 700
MHz Lower A–E Blocks, and 700 MHz
Upper C Block), and 90 (Specialized
Mobile Radio) of this chapter. Operation
on part 90 (Specialized Mobile Radio)
frequencies is permitted upon the
Commission’s release of a public notice
announcing the date Consumer Signal
Boosters may be used in the band;
(5) The Consumer Signal Booster
complies with paragraphs (e), (f), (g),
and (h) of this section and § 2.907 of this
chapter; and
(6) The subscriber may not deactivate
any features of the Consumer Signal
Booster which are designed to prevent
harmful interference to wireless
networks. These features must be
enabled and operating at all times the
signal booster is in use.
(b) De minimis operation of Consumer
Signal Boosters. A third party’s
incidental use of a subscriber’s
Consumer Signal Booster operated
under this paragraph is de minimis and
shall be authorized under the
authorization held by the licensee
providing service to the third party.
(c) Operation of Industrial Signal
Boosters. An individual or nonindividual, other than a representative
of a foreign government, may operate an
Industrial Signal Booster provided that
the individual or non-individual:
(1) Has an FCC license or obtains the
express consent of the licensee(s) whose
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frequencies are being retransmitted by
the device on a regular basis, and
(2) Uses an Industrial Signal Booster
which complies with paragraph (f) of
this section.
(d) Operation on a secondary, noninterference basis. Operation of signal
boosters under this section is on a
secondary, non-interference basis to
primary services licensed for the
frequency bands on which they
transmit, and to primary services
licensed for the adjacent frequency
bands that might be affected by their
transmissions.
(1) The operation of signal boosters
must not cause harmful interference to
the communications of any primary
licensed service.
(2) Upon request of an FCC
representative or a licensee
experiencing harmful interference, a
signal booster operator must:
(i) Cooperate in determining the
source of the interference, and
(ii) If necessary, deactivate the signal
booster immediately, or as soon as
practicable, if immediate deactivation is
not possible.
(e) Consumer Signal Booster Network
Protection Standard. (1) All Consumer
Signal Boosters must incorporate
features to prevent harmful interference
to wireless networks including but not
limited to those enumerated in this
section.
(2) Certification requirements. (i) A
Consumer Signal Booster can only be
certificated and operated if it complies
with all applicable rules in this subpart
and all applicable technical rules for the
frequency band(s) of operation
including, but not limited to: § 22.355 of
this chapter, Public Mobile Services,
frequency tolerance; § 22.913 of this
chapter, Cellular Radiotelephone
Service effective radiated power limits;
§ 22.917 of this chapter, Cellular
Radiotelephone Service, emission
limitations for cellular equipment;
§ 24.232 of this chapter, Broadband
Personal Communications Service,
power and antenna height limits;
§ 24.238 of this chapter, Broadband
Personal Communications Service,
emission limitations for Broadband PCS
equipment; § 27.50 of this chapter,
Miscellaneous Wireless
Communications Services, power and
antenna height limits; § 27.53 of this
chapter, Miscellaneous Wireless
Communications Services, emission
limits; § 90.205 of this chapter, Private
Land Mobile Radio Services, power and
antenna height limits; § 90.210 of this
chapter, Private Land Mobile Radio
Services, emission masks; and § 90.247
of this chapter, Private Land Mobile
Radio Services, mobile repeater stations.
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(ii) In case of any conflict between the
rules set forth in this section and the
rules set forth in parts 22, 24, 27, and
90 of title 47, chapter I of the Code of
Federal Regulations, the rules in this
section shall govern.
(iii) The application for certification
must satisfy the Commission that the
Consumer Signal Boosters’ features
designed to prevent harmful
interference and protect wireless
networks cannot be easily defeated and
must be enabled at all times.
(3) Frequency Bands. Consumer
Signal Boosters must be designed and
manufactured such that they only
operate on the frequencies used for the
provision of subscriber-based services
under parts 22 (Cellular), 24 (Broadband
PCS), 27 (AWS–1, 700 MHz Lower A–
E Blocks, and 700 MHz Upper C Block),
and 90 (Specialized Mobile Radio) of
this chapter. The Commission will not
certificate any Consumer Signal
Boosters for operation on part 90 of this
chapter (Specialized Mobile Radio)
frequencies until the Commission
releases a public notice announcing the
date Consumer Signal Boosters may be
used in the band.
(4) Self-monitoring. Consumer Signal
Boosters must automatically selfmonitor their operation to ensure
compliance with applicable noise and
gain limits and either self-correct or
shut down automatically if their
operation exceeds those parameters.
(5) Anti-oscillation. Consumer Signal
Boosters must be able to detect and
mitigate any unintended oscillations in
uplink and downlink bands (such as
may result from insufficient isolation
between the antennas).
(6) Power Down. Consumer Signal
Boosters must automatically power
down or cease amplification as they
approach any affected base station.
(7) Interference Avoidance for
Wireless Subsystems. Consumer Signal
Boosters using unlicensed (part 15 of
this chapter) or other frequency bands
for wireless transmissions between
donor and server subsystems for their
internal operations must employ
interference avoidance methods to
prevent interference transmitted into
authorized CMRS spectrum bands.
(8) Wideband Consumer Signal
Boosters. A Wideband Consumer Signal
Booster will meet the Consumer Signal
Booster Network Protection Standard if
it complies with paragraphs (e)(1)
through (e)(7) of this section and the
following:
(i) Technical Requirements—(A)
Noise Limits. (1) The transmitted noise
power in dBm/MHz of consumer
boosters at their uplink and downlink
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ports shall not exceed ¥103 dBm/
MHz—RSSI.
Where RSSI (received signal strength
indication) is the downlink composite
received signal power in dBm at the
booster donor port for all base stations
in the band of operation. RSSI is
expressed in negative dB units relative
to 1 mW.
(2) The transmitted maximum noise
power in dBm/MHz of consumer
boosters at their uplink and downlink
ports shall not exceed the following
limits:
(i) Fixed booster maximum noise
power shall not exceed ¥102.5 dBm/
MHz + 20 Log10 (Frequency), where
Frequency is the uplink mid-band
frequency of the supported spectrum
bands in MHz.
(ii) Mobile booster maximum noise
power shall not exceed¥59 dBm/MHz.
(iii) Compliance with Noise limits
will use instrumentation calibrated in
terms of RMS equivalent voltage, and
with booster input ports terminated or
without input signals applied within the
band of measurement.
(B) Bidirectional Capability.
Consumer Boosters must be able to
provide equivalent uplink and
downlink gain and conducted uplink
power output that is at least 0.05 watts.
One-way consumer boosters (i.e., uplink
only, downlink only, uplink impaired,
downlink impaired) are prohibited.
Spectrum block filtering may be used
provided the uplink filter attenuation is
not less than the downlink filter
attenuation, and where RSSI is
measured after spectrum block filtering
is applied referenced to the booster’s
input port for each band of operation.
(C) Booster Gain Limits. (1) The
uplink gain in dB of a consumer booster
referenced to its input and output ports
shall not exceed ¥34 dB—RSSI +
MSCL.
(i) Where RSSI is the downlink
composite received signal power in
dBm at the booster donor port for all
base stations in the band of operation.
RSSI is expressed in negative dB units
relative to 1 mW.
(ii) Where MSCL (Mobile Station
Coupling Loss) is the minimum
coupling loss in dB between the
wireless device and input port of the
consumer booster. MSCL must be
calculated or measured for each band of
operation and provided in compliance
test reports.
(2) The uplink and downlink
maximum gain of a Consumer Booster
referenced to its input and output ports
shall not exceed the following limits:
(i) Fixed Booster maximum gain shall
not exceed 6.5 dB + 20 Log10
(Frequency)
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21561
(ii) Where, Frequency is the uplink
mid-band frequency of the supported
spectrum bands in MHz.
(iii) Mobile Booster maximum gain
shall not exceed 50 dB when using an
inside antenna (e.g., inside a vehicle),
23 dB when using direct contact
coupling (e.g., cradle-type boosters), or
15 dB when directly connected (e.g.,
boosters with a physical connection to
the phone).
(D) Power Limits. A booster’s uplink
power must not exceed 1 watt
composite conducted power and
equivalent isotropic radiated power
(EIRP) for each band of operation.
Composite downlink power shall not
exceed 0.05 watt (17 dBm) conducted
and EIRP for each band of operation.
Compliance with power limits will use
instrumentation calibrated in terms of
RMS equivalent voltage.
(E) Out of Band Emission Limits.
Booster out of band emissions (OOBE)
shall be at least 6 dB below the FCC’s
mobile emission limits for the
supported bands of operation.
Compliance to OOBE limits will utilize
high peak-to-average CMRS signal types.
(F) Intermodulation Limits. The
transmitted intermodulation products of
a consumer booster at its uplink and
downlink ports shall not exceed the
power level of ¥19 dBm for the
supported bands of operation.
Compliance with intermodulation limits
will use boosters operating at maximum
gain and maximum rated output power,
with two continuous wave (CW) input
signals spaced 600 kHz apart and
centered in the pass band of the booster,
and with a 3 kHz measurement
bandwidth.
(G) Booster Antenna Kitting. All
consumer boosters must be sold with
user manuals specifying all antennas
and cables that meet the requirements of
this section. All consumer boosters must
be sold together with antennas, cables,
and/or coupling devices that meet the
requirements of this section. The
grantee is required to submit a technical
document with the application for FCC
equipment authorization that shows
compliance of all antennas, cables and/
or coupling devices with the
requirements of this section, including
any antenna or equipment upgrade
options that may be available at initial
purchase or as a subsequent upgrade.
(H) Transmit Power Off Mode. When
the consumer booster cannot otherwise
meet the noise and gain limits defined
herein it must operate in ‘‘Transmit
Power OFF Mode.’’ In this mode of
operation, the uplink and downlink
noise power shall not exceed ¥70 dBm/
MHz and uplink gain shall not exceed
the lesser of 23 dB or MSCL.
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(I) Uplink Inactivity. When a
consumer booster is not serving an
active device connection after 5 minutes
the uplink noise power shall not exceed
¥70 dBm/MHz.
(ii) Interference Safeguards.
Consumer boosters must include
features to prevent harmful interference
including, at a minimum, those
enumerated in this subsection. These
features may not be deactivated by the
operator and must be enabled and
operating at all times the signal booster
is in use.
(A) Anti-Oscillation. Consumer
boosters must be able to detect and
mitigate (i.e., by automatic gain
reduction or shut down), any
oscillations in uplink and downlink
bands. Oscillation detection and
mitigation must occur automatically
within 0.3 seconds in the uplink band
and within 1 second in the downlink
band. In cases where oscillation is
detected, the booster must continue
mitigation for at least one minute before
restarting. After five such restarts, the
booster must not resume operation until
manually reset.
(B) Gain Control. Consumer boosters
must have automatic limiting control to
protect against excessive input signals
that would cause output power and
emissions in excess of that authorized
by the Commission.
(C) Interference Avoidance for
Wireless Subsystems. Consumer
boosters using unlicensed (part 15) or
other frequency bands for wireless
transmissions between donor and server
subsystems for its internal operations
must employ interference avoidance
methods to prevent interference
transmitted into authorized CMRS
spectrum bands and must meet
applicable limits for radiofrequency
exposure.
(9) Provider-Specific Consumer Signal
Boosters. A Provider-Specific Consumer
Signal Booster will meet the Consumer
Signal Booster Network Protection
Standard if it complies with paragraphs
(e)(1) through (e)(7) of this section and
the following:
(i) Technical Requirements—(A)
Noise Limits. The transmitted noise
power in dBm/MHz of frequency
selective consumer boosters outside the
licensee’s spectrum blocks at their
uplink and downlink ports shall not
exceed the following limits:
(1) ¥103 dBm/MHz¥RSSI
(i) Where RSSI is the downlink
composite signal power received in
dBm for frequencies in the band of
operation outside the licensee’s
spectrum block as measured after
spectrum block filtering is applied and
is referenced to the booster’s donor port
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for each band of operation. RSSI is
expressed in negative dB units relative
to 1 mW.
(ii) Boosters with MSCL less than 40
dB, shall reduce the Noise output in (A)
by 40 dB¥MSCL, where MSCL is the
minimum coupling loss in dB between
the wireless device and booster’s server
port. MSCL must be calculated or
measured for each band of operation
and provided in compliance test reports.
(2)(i) Maximum downlink noise
power shall not exceed ¥102.5 dBm/
MHz + 20 Log10 (Frequency), where
Frequency is the uplink mid-band
frequency of the supported spectrum
bands in MHz.
(ii) Compliance with Noise limits will
use instrumentation calibrated in terms
of RMS equivalent voltage, and with
booster input ports terminated or
without input signals applied within the
band of measurement.
(B) Bidirectional Capability.
Consumer Boosters must be able to
provide equivalent uplink and
downlink gain and conducted uplink
power output that is at least 0.05 watts.
One-way consumer boosters (i.e., uplink
only, downlink only, uplink impaired,
downlink impaired) are prohibited.
Spectrum block filtering used must
provide uplink filter attenuation not less
than the downlink filter attenuation,
and where RSSI is measured after
spectrum block filtering is applied
referenced to the booster’s input port for
each band of operation.
(C) Booster Gain Limits. The gain of
the frequency selective consumer
booster shall meet the limits below.
(1) The uplink and downlink gain in
dB of a frequency selective consumer
booster referenced to its input and
output ports shall not exceed BSCL¥28
dB¥(40 dB¥MSCL).
(i) Where BSCL is the coupling loss
between the booster’s donor port and
the base station’s input port, and MSCL
is the minimum coupling loss in dB
between the wireless device and the
booster’s server port. MSCL must be
calculated or measured for each band of
operation and provided in compliance
test reports.
(ii) In order of preference, BSCL is
determined as follows: determine path
loss between the base station and the
booster; such measurement shall be
based on measuring the received
forward pilot/control channel power at
the booster and reading the pilot/control
channel transmit power from the base
station as defined in the system
information messages sent by the base
station; estimate BSCL by assuming that
the base station is transmitting at a level
of +25 dBm per channel (assume a
small, lightly loaded cell) and
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measuring the total received signal
power level within the channel in dBm
(RPCH) received at the booster input
port. BSCL is then calculated as 25–
RPCH; or assume that the BSCL is 70 dB
without performing any measurement.
(2) The uplink and downlink
maximum gain of a frequency selective
consumer booster referenced to its input
and output ports shall not exceed 19.5
dB + 20 Log (Frequency), or 100 dB for
systems having automatic gain
adjustment based on isolation
measurements between booster donor
and server antennas.
Where, Frequency is the uplink midband frequency of the supported
spectrum bands in MHz.
(D) Power Limits. A booster’s uplink
power must not exceed 1 watt
composite conducted power and
equivalent isotropic radiated power
(EIRP) for each band of operation.
Downlink power shall not exceed 0.05
watt (17 dBm) composite and 10 dBm
per channel conducted and EIRP for
each band of operation. Compliance
with power limits will use
instrumentation calibrated in terms of
RMS equivalent voltage.
(E) Out of Band Gain Limits. (1) A
frequency selective booster shall have
the following minimum attenuation
referenced to the gain in the center of
the pass band of the booster:
(i) ¥20 dB at the band edge, where
band edge is the end of the licensee’s
allocated spectrum,
(ii) ¥30 dB at 1 MHz offset from band
edge,
(iii) ¥40 dB at 5 MHz offset from
band edge.
(2) A frequency selective booster
having maximum gain greater than 80
dB (referenced to the center of the pass
band) shall limit the out of band gain to
60 dB at 0.2 MHz offset from the band
edge, and 45 dB at 1 MHz offset from
the band edge, where band edge is the
end of the licensee’s allocated spectrum.
(F) Out of Band Emission Limits.
Booster out of band emissions (OOBE)
shall meet the FCC’s mobile emission
limits for the supported bands of
operation. Compliance to OOBE limits
will utilize high peak-to-average CMRS
signal types.
(G) Intermodulation Limits. The
transmitted intermodulation products of
a consumer booster at its uplink and
downlink ports shall not exceed the
power level of ¥19 dBm for the
supported bands of operation.
Compliance with intermodulation limits
will use boosters operating at maximum
gain and maximum rated output power,
with two continuous wave (CW) input
signals spaced 600 kHz apart and
centered in the pass band of the booster,
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and with a 3 kHz measurement
bandwidth.
(H) Booster Antenna Kitting. All
consumer boosters must be sold with
user manuals specifying all antennas
and cables that meet the requirements of
this section. Mobile consumer boosters
must be sold together with antennas,
cables, and/or coupling devices that
meet the requirements of this section.
The grantee is required to submit a
technical document with the
application for FCC equipment
authorization that shows compliance of
all antennas, cables, and/or coupling
devices with the requirements of this
section, including any antenna or
equipment upgrade options that may be
available at initial purchase or as a
subsequent upgrade.
(I) Transmit Power Off Mode. When
the consumer booster cannot otherwise
meet the noise and gain limits defined
herein it must operate in ‘‘Transmit
Power OFF Mode.’’ In this mode of
operation, the uplink and downlink
noise power shall not exceed ¥70 dBm/
MHz and uplink gain shall not exceed
the lesser of 23 dB or MSCL.
(J) Uplink Inactivity. When a
consumer booster is not serving an
active device connection after 5 seconds
the uplink noise power shall not exceed
¥70 dBm/MHz.
(ii) Interference Safeguards.
Consumer boosters must include
features to prevent harmful interference
including, at a minimum, those
enumerated in this subsection. These
features may not be deactivated by the
operator and must be enabled and
operating at all times the signal booster
is in use.
(A) Anti-Oscillation. Consumer
boosters must be able to detect and
mitigate (i.e., by automatic gain
reduction or shut down), any
oscillations in uplink and downlink
bands. Oscillation detection and
mitigation must occur automatically
within 0.3 seconds in the uplink band
and within 1 second in the downlink
band. In cases where oscillation is
detected, the booster must continue
mitigation for at least one minute before
restarting. After five such restarts, the
booster must not resume operation until
manually reset.
(B) Gain Control. Consumer boosters
must have automatic limiting control to
protect against excessive input signals
that would cause output power and
emissions in excess of that authorized
by the Commission.
(C) Interference Avoidance for
Wireless Subsystems. Consumer
boosters using unlicensed (part 15) or
other frequency bands for wireless
transmissions between donor and server
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subsystems for its internal operations
must employ interference avoidance
methods to prevent interference
transmitted into authorized CMRS
spectrum bands.
(10) Equivalent Protections. Consumer
Signal Boosters which do not meet the
technical specifications enumerated in
paragraphs (e)(1) through (e)(9) of this
section may also meet the Network
Protection Standard if they provide
equivalent protections as determined by
the Wireless Telecommunications
Bureau.
(f) Signal booster labeling
requirements. (1) Signal booster
manufacturers, distributors, and
retailers must ensure that all signal
boosters marketed on or after March 1,
2014 include the following advisories:
(1) In on-line, point-of-sale marketing
materials,
(2) In any print or on-line owner’s
manual and installation instructions,
(3) On the outside packaging of the
device, and
(4) On a label affixed to the device:
(i) For Consumer Signal Boosters:
This is a CONSUMER device.
BEFORE USE, you MUST REGISTER
THIS DEVICE with your wireless
provider and have your provider’s
consent. Most wireless providers
consent to the use of signal boosters.
Some providers may not consent to the
use of this device on their network. If
you are unsure, contact your provider.
You MUST operate this device with
approved antennas and cables as
specified by the manufacturer. Antennas
MUST be installed at least 20 cm (8
inches) from any person.
You MUST cease operating this
device immediately if requested by the
FCC or a licensed wireless service
provider.
WARNING. E911 location information
may not be provided or may be
inaccurate for calls served by using this
device.
(ii) For Industrial Signal Boosters:
WARNING. This is NOT a
CONSUMER device. It is designed for
installation by FCC LICENSEES and
QUALIFIED INSTALLERS. You MUST
have an FCC LICENSE or express
consent of an FCC Licensee to operate
this device. Unauthorized use may
result in significant forfeiture penalties,
including penalties in excess of
$100,000 for each continuing violation.
(2) A Consumer Signal Booster label
may contain an acknowledgement that
particular provider(s) have given their
consent for all consumers to use the
device. Such an acknowledgement
would be inserted prior to, ‘‘Some
wireless providers may not consent to
the use of this device on their network.
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21563
If you are unsure, contact your
provider.’’ The remaining language of
the advisory shall remain the same.
(g) Marketing and sale of signal
boosters. Except as provided in § 2.803
of this chapter, no person,
manufacturer, distributor, or retailer
may market, distribute or offer for sale
or lease any Consumer Signal Booster
that does not comply with the
requirements of this section to any
person in the United States or to any
person intending to operate the
Consumer Signal Booster within the
United States at any time on or after
March 1, 2014. Consumer Signal
Boosters may only be sold to members
of the general public for their personal
use.
(h) Registration. Each licensee
consenting to the operation of a
Consumer Signal Booster must establish
a free registration mechanism for
subscribers and register all Consumer
Signal Boosters to which it consents. A
licensee must establish a registration
mechanism by the later of March 1,
2014 or within 90 days of consenting to
the operation of a Consumer Signal
Booster. At a minimum, a licensee must
collect:
(1) The name of the Consumer Signal
Booster owner and/or operator, if
different individuals;
(2) The make, model, and serial
number of the device;
(3) The location of the device; and
(4) The date of initial operation.
Licensee consent is voluntary and may
be withdrawn at the licensee’s
discretion.
PART 22—PUBLIC MOBILE SERVICES
10. The authority citation for part 22
continues to read as follows:
■
Authority: 47 U.S.C. 154, 222, 303, 309,
and 332.
■
11. Add § 22.9 to read as follows:
§ 22.9 Operation of certificated signal
boosters.
Individuals and non-individuals may
operate certificated Consumer Signal
Boosters on frequencies regulated under
this part provided that such operation
complies with all applicable rules under
this part and § 20.21 of this chapter.
Failure to comply with all applicable
rules voids the authority to operate a
signal booster.
PART 24—PERSONAL
COMMUNICATION SERVICES
12. The authority citation for part 24
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302, 303,
309, and 332.
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Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations
13. Add § 24.9 to subpart A to read as
follows:
§ 24.9 Operation of certificated signal
boosters.
(q) Certification requirements for
signal boosters are set forth in § 90.219.
■ 19. Revise § 90.219 to read as follows:
§ 90.219
■
Individuals and non-individuals may
operate certificated Consumer Signal
Boosters on frequencies regulated under
this part provided that such operation
complies with all applicable rules under
this part and § 20.21 of this chapter.
Failure to comply with all applicable
rules voids the authority to operate a
signal booster.
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATION
SERVICES
14. The authority citation for part 27
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 332, 336, and 337 unless otherwise
noted.
15. Add § 27.9 to subpart A to read as
follows:
■
§ 27.9 Operation of certificated signal
boosters.
Individuals and non-individuals may
operate certificated Consumer Signal
Boosters on frequencies regulated under
this part provided that such operation
complies with all applicable rules under
this part and § 20.21 of this chapter.
Failure to comply with all applicable
rules voids the authority to operate a
signal booster.
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
16. 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), and Title VI of the
Middle Class Tax Relief and Job Creation Act
of 2012, Pub. L. 112–96, 126 Stat. 156.
17. In § 90.7 add the definition for
‘‘Signal amplifier’’ in alphabetical order
to read as follows:
■
§ 90.7
Definitions.
TKELLEY on DSK3SPTVN1PROD with RULES
*
*
*
*
*
Signal amplifier. A device that
amplifies radio frequency signals and is
connected to a mobile radio transceiver,
portable or handset, typically to the
antenna connector. Note that a signal
amplifier is not the same thing as a
signal booster.
*
*
*
*
*
■ 18. Add paragraph (q) to § 90.203 to
read as follows:
§ 90.203
*
*
Certification required.
*
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*
18:35 Apr 10, 2013
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Use of signal boosters.
This section contains technical and
operational rules allowing the use of
signal boosters in the Private Land
Mobile Radio Services (PLMRS). Rules
for signal booster operation in the
Commercial Mobile Radio Services
under part 90 are found in § 20.21 of
this chapter.
(a) Definitions. The definitions in this
paragraph apply only to the rules in this
section.
Class A signal booster. A signal
booster designed to retransmit signals
on one or more specific channels. A
signal booster is deemed to be a Class
A signal booster if none of its passbands
exceed 75 kHz.
Class B signal booster. A signal
booster designed to retransmit any
signals within a wide frequency band. A
signal booster is deemed to be a Class
B signal booster if it has a passband that
exceeds 75 kHz.
Coverage area of a PLMRS station. All
locations within the normal reliable
operating range (service contour) of a
PLMRS station.
Deploy a signal booster. Install and/or
initially adjust a signal booster.
Distributed Antenna System (DAS). A
network of spatially separated antenna
nodes connected to a common source
via a transport medium that provides
wireless service within a geographic
area or structure.
Operate a signal booster. Maintain
operational control over, and
responsibility for the proper functioning
of, a signal booster.
Signal booster. A device or system
that automatically receives, amplifies,
and retransmits signals from wireless
stations into and out of building
interiors, tunnels, shielded outdoor
areas and other locations where these
signals would otherwise be too weak for
reliable communications. Signal booster
systems may contain both Class A and
Class B signal boosters as components.
(b) Authority to operate. PLMRS
licensees for stations operating on
assigned channels higher than 150 MHz
may operate signal boosters, limited to
the service band for which they are
authorized, as needed anywhere within
the PLMRS stations’ service contour, but
may not extend the stations’ service
contour.
(1) PLMRS licensees may also consent
to operation of signal boosters by nonlicensees (such as a building owner or
a signal booster installation contractor)
within their service contour and across
their applicable frequencies, but must
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maintain a reasonable level of control
over these operations in order to resolve
interference problems.
(i) Non-licensees seeking to operate
signal boosters must obtain the express
consent of the licensee(s) of the
frequencies for which the device or
system is intended to amplify. The
consent must be maintained in a
recordable format that can be presented
to an FCC representative or other
relevant licensee investigating
interference.
(ii) Consent is not required from third
party (unintended) licensees whose
signals are incidentally retransmitted.
However, signal booster operation is on
a non-interference basis and operations
may be required to cease or alter the
operating parameters due to a request
from an FCC representative or a
licensee’s request to resolve
interference.
(2) [Reserved]
(c) Licensee responsibility;
interference. PLMRS licensees that
operate signal boosters are responsible
for their proper operation, and are
responsible for correcting any harmful
interference that signal booster
operation may cause to other licensed
communications services. Normal cochannel transmissions are not
considered to be harmful interference.
Licensees are required to resolve
interference problems pursuant to
§ 90.173(b). Licensees shall act in good
faith regarding the operation of signal
boosters and in the resolution of
interference due to signal booster
operation. Licensees who are unable to
determine the location or cause of signal
booster interference may seek assistance
from the FCC to resolve such problems.
(d) Deployment rules. Deployment of
signal boosters must be carried out in
accordance with the rules in this
paragraph.
(1) Signal boosters may be used to
improve coverage in weak signal areas
only.
(2) Signal boosters must not be used
to extend PLMRS stations’ normal
operating range.
(3) Signal boosters must be deployed
such that the radiated power of the each
retransmitted channel, on the forward
link and on the reverse link, does not
exceed 5 Watts effective radiated power
(ERP).
(4) Class B signal boosters may be
deployed only at fixed locations; mobile
operation of Class B signal boosters is
prohibited after November 1, 2014.
(5) Class B signal booster installations
must be registered in the FCC signal
booster database that can be accessed at
the following URL: www.fcc.gov/signalboosters/registration.
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Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations
(6) Good engineering practice must
be used in regard to the radiation of
intermodulation products and noise,
such that interference to licensed
communications systems is avoided. In
the event of harmful interference caused
by any given deployment, the FCC may
require additional attenuation or
filtering of the emissions and/or noise
from signal boosters or signal booster
systems, as necessary to eliminate the
interference.
(i) In general, the ERP of
intermodulation products should not
exceed ¥30 dBm in 10 kHz
measurement bandwidth.
(ii) In general, the ERP of noise
within the passband should not exceed
¥43 dBm in 10 kHz measurement
bandwidth.
(iii) In general, the ERP of noise on
spectrum more than 1 MHz outside of
the passband should not exceed ¥70
dBm in a 10 kHz measurement
bandwidth.
(7) Signal booster passbands are
limited to the service band or bands for
which the operator is authorized. In
general, signal boosters should utilize
the minimum passband that is sufficient
to accomplish the purpose. Except for
distributed antenna systems (DAS)
installed in buildings, the passband of a
Class B booster should not encompass
both commercial services (such as
ESMR and Cellular Radiotelephone) and
part 90 Land Mobile and Public Safety
Services.
(e) Device Specifications. In addition
to the general rules for equipment
certification in § 90.203(a)(2) and part 2,
subpart J of this chapter, a signal booster
must also meet the rules in this
paragraph.
(1) The output power capability of a
signal booster must be designed for
deployments providing a radiated
power not exceeding 5 Watts ERP for
each retransmitted channel.
(2) The noise figure of a signal
booster must not exceed 9 dB in either
direction.
(3) Spurious emissions from a signal
booster must not exceed ¥13 dBm
within any 100 kHz measurement
bandwidth.
(4) A signal booster must be designed
such that all signals that it retransmits
meet the following requirements:
(i) The signals are retransmitted on
the same channels as received. Minor
departures from the exact provider or
reference frequencies of the input
signals are allowed, provided that the
retransmitted signals meet the
requirements of § 90.213.
(ii) There is no change in the
occupied bandwidth of the
retransmitted signals.
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18:35 Apr 10, 2013
Jkt 229001
(iii) The retransmitted signals
continue to meet the unwanted
emissions limits of § 90.210 applicable
to the corresponding received signals
(assuming that these received signals
meet the applicable unwanted
emissions limits by a reasonable
margin).
(5) On or after March 1, 2014, a
signal booster must be labeled to
indicate whether it is a Class A or Class
B device, and the label must include the
following advisory
(1) In on-line point-of-sale marketing
materials,
(2) In any print or on-line owner’s
manual and installation instructions,
(3) On the outside packaging of the
device, and
(4) On a label affixed to the device:
‘‘WARNING. This is NOT a
CONSUMER device. It is designed for
installation by FCC LICENSEES and
QUALIFIED INSTALLERS. You MUST
have an FCC LICENSE or express
consent of an FCC Licensee to operate
this device. You MUST register Class B
signal boosters (as defined in 47 CFR
90.219) online at www.fcc.gov/signalboosters/registration. Unauthorized use
may result in significant forfeiture
penalties, including penalties in excess
of $100,000 for each continuing
violation.’’
[FR Doc. 2013–07396 Filed 4–10–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 13–73; RM–11695; DA 13–
450]
Television Broadcasting Services;
Jackson, Wyoming to Wilmington, DE
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission has been
notified by PMCM TV, LLC (‘‘PMCM’’),
the licensee of KJWY(TV), channel 2,
Jackson, Wyoming, that it agrees to the
reallocation of channel 2 from Jackson,
Wyoming to Wilmington, Delaware, this
language. While the Commission denied
PMCM’s Reallocation Request, PMCM
appealed the decision to the United
States Court of Appeals for the District
of Columbia, which subsequently
reversed the Commission’s denial and
remanded the Commission to approve
PMCM’s Reallocation Request.
Therefore, channel 2 is allocated at
Wilmington, Delaware as requested, as
it complies with the principle
SUMMARY:
PO 00000
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21565
community coverage and technical
requirements set forth in the
Commission’s rules.
DATES: This rule is effective April 11,
2013.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk,
adrienne.denysyk@fcc.gov, Media
Bureau, (202) 418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 13–73,
adopted March 15, 2013, and released
March 18, 2013. The full text of this
document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street SW., Washington,
DC 20554. This document will also be
available via ECFS (https://
fjallfoss.fcc.gov/ecfs/). This document
may 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–
800–478–3160 or via the company’s
Web site, https://www.bcpiweb.com. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
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). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
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Agencies
[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21555-21565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07396]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 20, 22, 24, 27, and 90
[WT Docket No. 10-4; FCC 13-21]
Signal Booster Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) amends its rules concerning signal boosters for consumer
and industrial use in effort to enhance wireless coverage for
consumers, particularly in rural, underserved, and difficult-to-serve
areas by broadening the availability of signal boosters while ensuring
that boosters do not adversely affect wireless networks.
DATES: Effective May 13, 2013, except for amendments to Sec. Sec.
1.1307(b)(1), 20.3, 20.21(a)(2), 20.21(a)(5), 20.21(e)(2),
20.21(e)(8)(i)(G), 20.21(e)(9)(i)(H), 20.21(f), 20.21(h), 22.9, 24.9,
27.9, 90.203(q), 90.219(b)(1)(i), 90.219(d)(5), and 90.219(e)(5), which
contain information collection requirements that are not effective
until approved by the Office of Management and Budget (``OMB''). The
FCC will publish a document in the Federal Register announcing the
effective date for those sections.
FOR FURTHER INFORMATION CONTACT: Joyce Jones, Mobility Division,
Wireless Telecommunications Bureau, (202) 418-1327, TTY (202) 418-7233.
[[Page 21556]]
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order (R&O), in WT Docket No.
10-4, FCC 13-21, adopted February 20, 2013, and released February 20,
2013. 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., Room CY-A257, Washington, DC 20554, or by downloading
the text from the Commission's Web site at https://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0220/FCC-13-21A1.pdf. The
complete text also may be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street
SW., Suite CY-B402, Washington, DC 20554. Alternative formats are
available for people with disabilities (Braille, large print,
electronic files, audio format), by sending an email to FCC504@fcc.gov
or calling the Consumer and Government Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
1. In the R&O, the Commission adopts new technical, operational,
and registration requirements for signal boosters. The new rules create
two classes of signal boosters--Consumer and Industrial--with distinct
regulatory requirements outlined below.
2. Consumer Signal Boosters are designed to be used ``out of the
box'' by individuals to improve their wireless coverage within a
limited area such as a home, car, boat, or recreational vehicle.
Consumer Signal Boosters will be authorized under provider licenses
subject to certain requirements. Specifically, subscribers must obtain
some form of licensee consent to operate the booster; register the
booster with their provider; use a booster that meets the Network
Protection Standard and is FCC certificated; and operate the booster on
a secondary, non-interference basis and shut it down if it causes
harmful interference. Consumers may continue to use existing signal
boosters provided they (1) have the consent of their provider, and (2)
register the booster with that provider. The Commission will conduct
consumer outreach to educate consumers, public safety entities, small
businesses, and others about our new regulatory framework
3. Industrial Signal Boosters include a wide variety of devices
that are designed for installation by licensees or qualified
installers. These devices are typically designed to serve multiple
users simultaneously and cover larger areas such as stadiums, airports,
office buildings, hospitals, tunnels, and educational campuses.
Industrial Signal Boosters require an FCC license or express licensee
consent to operate, and must be appropriately labeled. The R&O also
revises technical and operational requirements for duly licensed part
90 Private Land Mobile Radio (PLMR), non-consumer signal boosters.
4. We establish a two-step transition process for equipment
certification for both Consumer and Industrial Signal Boosters sold and
marketed in the United States. First, on the release date of this R&O,
we will no longer accept applications for equipment certification of
Consumer or Industrial Signal Boosters that do not comply with our new
rules and will cease certification of devices that do not comply with
our new rules. Second, on or after March 1, 2014, all Consumer and
Industrial Signal Boosters sold and marketed in the United States must
meet our new requirements.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
5. This document contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. It has been submitted to the Office of Management
and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the
general public, and other Federal agencies are invited to comment on
the new or modified information collection requirements contained in
this proceeding. In addition, the Commission notes that pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), it previously sought specific comment on how it
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
6. In the present document, the Commission assessed the effects of
the policies adopted in this R&O with regard to information collection
burdens on small business concerns, and find that these policies will
benefit many companies with fewer than 25 employees because the rules
we adopt should provide small entities with access to the coverage
enhancing benefits of signal boosters that do not harm wireless
networks. In addition, we describe below impacts that might affect
small businesses, which includes most businesses with fewer than 25
employees.
B. Report to Congress
7. The Commission will send a copy of this R&O 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
8. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rule Making (NPRM) in WT Docket
10-4, at 76 FR 26983, May 10, 2011. The Commission sought written
public comment on the proposals in the NPRM, including comment on the
IRFA. This present Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA.
Need for, and Objectives of, the Report and Order:
9. In the R&O the Commission adopts rules and policies that will
enhance wireless coverage for consumers, particularly in rural and
underserved areas, by broadening the availability of signal boosters
while ensuring that boosters do not adversely affect wireless networks.
Mobile voice and mobile broadband services are increasingly important
to consumers and to our nation's economy. While nearly the entire U.S.
population is served by one or more wireless providers, coverage gaps
that exist within and at the edge of service areas can lead to dropped
calls, reduced data speeds, or complete loss of service. Robust signal
boosters can bridge these gaps and extend coverage at the fringe of
service areas. Signal boosters are particularly useful in rural and
difficult-to-serve indoor environments, such as hospitals. Signal
boosters can also improve public safety communications by enabling the
public to connect to 911 in areas where wireless coverage is deficient
or where an adequate communications signal is blocked or shielded. In
short, because signal boosters represent a cost-effective means of
improving our nation's wireless infrastructure, the rules the
Commission adopts today should lead to more robust service for many
Americans at home, at work, and on the road.
Summary of Significant Issues Raised by Public Comments in Response
to the IRFA:
10. There were no comments that specifically addressed the IRFA.
Nonetheless, we have considered the potential impact of the rules
adopted herein on small entities, and conclude that such impact would
be minimal, in terms of measurable economic costs associated with
compliance with the rules.
Description and Estimate of the Number of Small Entities to Which
Rules Will Apply:
[[Page 21557]]
11. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
12. Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. As of 2009, small businesses represented 99.9% of the
27.5 million businesses in the United States, according to the SBA. See
SBA, Office of Advocacy, ``Frequently Asked Questions,'' available at
https://web.sba.gov/faqs/faqindex.cfm?areaid=24 (last visited Dec. 11,
2012). Additionally, a ``small organization'' is generally ``any not-
for-profit enterprise which is independently owned and operated and is
not dominant in its field.'' See 5 U.S.C. 601(4). Nationwide, as of
2007, there were approximately 1,621,315 small organizations. See the
Independent Sector, The New Nonprofit Almanac & Desk Reference (2010).
Finally, the term ``small governmental jurisdiction'' is defined
generally as ``governments of cities, counties, towns, townships,
villages, school districts, or special districts, with a population of
less than fifty thousand.'' See 5 U.S.C. 601(5). Census Bureau data for
2007 indicate that there were 89,527 governmental jurisdictions in the
United States. See U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE
UNITED STATES: 2011, Table 427 (2007). We estimate that, of this total,
as many as 88,761 entities may qualify as ``small governmental
jurisdictions.'' \1\ Thus, we estimate that most governmental
jurisdictions are small.
---------------------------------------------------------------------------
\1\ The 2007 U.S Census data for small governmental
organizations are not presented based on the size of the population
in each such organization. There were 89,476 local governmental
organizations in 2007. If we assume that county, municipal,
township, and school district organizations are more likely than
larger governmental organizations to have populations of 50,000 or
less, the total of these organizations is 52,095. If we make the
same population assumption about special districts, specifically
that they are likely to have a population of 50,000 or less, and
also assume that special districts are different from county,
municipal, township, and school districts, in 2007 there were 37,381
such special districts. Therefore, there are a total of 89,476 local
government organizations. As a basis of estimating how many of these
89,476 local government organizations were small, in 2011, we note
that there were a total of 715 cities and towns (incorporated places
and minor civil divisions) with populations over 50,000. CITY AND
TOWNS TOTALS: VINTAGE 2011--U.S. Census Bureau, available at https://www.census.gov/popest/data/cities/totals/2011/. If we
subtract the 715 cities and towns that meet or exceed the 50,000
population threshold, we conclude that approximately 88,761 are
small. U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES
2011, Tables 427, 426 (Data cited therein are from 2007).
---------------------------------------------------------------------------
13. Wireless Telecommunications Carriers (except satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular phone services,
paging services, wireless Internet access, and wireless video services.
See https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2007%20NAICS%20Search. The appropriate size
standard under SBA rules is for the category Wired Telecommunications
Carriers. Under that size standard, such a business is small if it has
1,500 or fewer employees. See 13 CFR 121.201, NAICS code 517110. Census
Bureau data for 2007, which now supersede data from the 2002 Census,
show that there were 3,188 firms in this category that operated for the
entire year. Of this total, 3,144 had employment of 999 or fewer, and
44 firms had employment of 1,000 employees or more. Thus under this
category and the associated small business size standard, the
Commission estimates that the majority of wireless telecommunications
carriers (except satellite) are small entities that may be affected by
our actions. See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
14. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. 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, 2007 NAICS
Definitions, ``334220 Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing''; https://www.census.gov/naics/2007/def/ND334220.HTM#N334220. The SBA has developed a small business
size standard for firms in this category, which is: all such firms
having 750 or fewer employees. See 13 CFR 121.201, NAICS code 334220.
According to Census Bureau data for 2010, there were a total of 810
establishments in this category that operated for the entire year.\2\
Of this total, 787 had employment of fewer than 500, and an additional
23 had employment of 500 to 999.\3\ Thus, under this size standard, the
majority of firms can be considered small.
---------------------------------------------------------------------------
\2\ U.S. Census Bureau, American FactFinder, 2010 Economic
Census, Industry Series, Industry Statistics by Employment Size,
NAICS code 334220 (released June 26, 2012); https://factfinder.census.gov. The number of ``establishments'' is a less
helpful indicator of small business prevalence in this context than
would be the number of ``firms'' or ``companies,'' because the
latter take into account the concept of common ownership or control.
Any single physical location for an entity is an establishment, even
though that location may be owned by a different establishment.
Thus, the numbers given may reflect inflated numbers of businesses
in this category, including the numbers of small businesses.
\3\ Id. Eighteen establishments had employment of 1,000 or more.
---------------------------------------------------------------------------
Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities:
15. Wireless providers must create and maintain a registration
mechanism to allow Consumer Signal Booster operators to register their
devices. In addition, on March 1, 2015 and March 1, 2016, the
nationwide wireless providers must make public certain information
regarding their consent for their subscribers to use Consumer Signal
Boosters. Specifically, these wireless providers must publicly indicate
their status regarding consent for each Consumer Signal Booster which
has received FCC certification.
16. Consumer Signal Boosters must meet the Network Protection
Standard with the following requirements: (1) Comply with existing
technical parameters (e.g., power and unwanted emissions) for the
applicable spectrum band; (2) automatically self-monitor certain
operations and shut down if not in compliance with our new technical
rules; (3) automatically detect and mitigate oscillations in the uplink
and downlink bands; (4) power down or shut down automatically when a
device is not needed, such as when the device approaches the base
station with which it is communicating; (5) be designed so that these
features cannot be easily
[[Page 21558]]
defeated; and (6) incorporate interference avoidance for wireless
subsystems. In addition, Consumer Signal Boosters must comply with
current RF exposure requirements. Consumers may continue to use
existing signal boosters provided they (1) have the consent of their
serving provider; and (2) register the booster with that provider.
17. The new rules also clarify that Industrial Signal Boosters
require an FCC license or licensee consent to operate, must be
appropriately labeled, and must comply with our current RF exposure
requirements. Regarding part 90 Private Land Mobile Radio (PLMR), non-
consumer signal boosters operated by licensees, the Commission revised
its technical and operational requirements aimed at preventing
interference. In addition, Part 90 Class B signal booster operators
much register their devices with the Commission.
18. The Commission established a two-step transition process for
equipment certification: (1) On the release date of this R&O, the
Commission will no longer accept applications for equipment
certification of Consumer or Industrial Signal Boosters that do not
comply with our new rules and will cease certification of devices that
do not comply with our new rules; and (2) as of March 1, 2014, all
Consumer and Industrial Signal Boosters sold and marketed in the United
States must meet the new requirements.
Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered:
19. The RFA requires an agency to describe the steps it has taken
to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.
20. With the exception of the Consumer Signal Booster consent
reporting requirement, the projected reporting, recordkeeping, and
other compliance requirements resulting from the R&O will apply to all
entities in the same manner. The Commission believes that applying the
same rules equally to all entities in this context promotes fairness.
The Commission does not believe that the costs and/or administrative
burdens associated with the rules will unduly burden small entities.
The revisions the Commission adopts should benefit small entities by
giving them more information for resolving instances of interference
should it occur. Thus, for example, a small business experiencing
interference in part 90 frequencies, which it suspects may be the
result of a signal booster, may access the Commission's part 90 Class B
signal booster registration tool and research any nearby Class B
operators in an effort to stop the interference.
21. Regarding the reporting of wireless providers' consent to
Consumer Signal Booster, this requirement only applies to nationwide
wireless providers. The Commission concluded that it was appropriate to
monitor provider behavior with respect to signal boosters.
Specifically, in the event the Commission observes that providers are
refusing to give timely and reasonable consideration to signal booster
consent requests, it could take appropriate action including measures
such as vigorous investigation or revisiting the authorization
mechanism for Consumer Signal Boosters. The Commission determined,
however, that it would be able to obtain sufficient information in this
regard while limiting the requirement to nationwide wireless providers.
Thus, the Commission was able to minimize the impact of this
requirement on small entities.
F. Report to Congress
22. The Commission will send a copy of the R&O in WT Docket No. 10-
4, including the Final Regulatory Flexibility Analysis, in a report to
be sent to Congress and the Congressional Budget Office pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the R&O in WT Docket No. 10-4, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the SBA. A
copy of the R&O in WT Docket No. 10-4 and the Final Regulatory
Flexibility Analysis (or summaries thereof) will also be published in
the Federal Register.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Communications common
carriers, Telecommunications.
47 CFR Part 2
Frequency allocations and radio treaty matters.
47 CFR Part 20
Commercial mobile radio service.
47 CFR Part 22
Public mobile services.
47 CFR Part 24
Personal communications services.
47 CFR Part 27
Miscellaneous wireless communications services.
47 CFR Part 90
Private land mobile radio services.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1, 2, 20, 22, 24, 27, and
90 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 227, 303(r), and 309, the Middle Class Tax Relief and
Job Creation Act of 2012, Pub. L. 112-96, and 47 U.S.C. 1473.
0
2. Section 1.1307 is amended by adding a new entry to Table 1 below the
existing row for Experimental Radio Services and above the existing row
for Paging and Radiotelephone Service, and by revising the first
sentence in (b)(2) to read as follows:
Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EAs) must be prepared.
* * * * *
(b) * * *
(1) * * *
[[Page 21559]]
Table 1--Transmitters, Facilities and Operations Subject to Routine
Environmental Evaluation
------------------------------------------------------------------------
Service (title 47 CFR rule
part) Evaluation required if:
------------------------------------------------------------------------
* * * * * * *
Commercial Mobile Radio Non-building-mounted antennas: height
Services (part 20). above ground level to lowest point of
antenna < 10 m and power > 1000 W ERP
(1640 W EIRP).
Building-mounted antennas: power > 1000 W
ERP (1640 W EIRP).
The Commercial Mobile Radio Services
provisions in part 20 shall apply only
if a label is affixed to the
transmitting antenna that:
(1) provides adequate notice regarding
potential radiofrequency safety
hazards, e.g., information regarding
the safe minimum separation distance
required between users and
transmitting antennas; and
(2) references the applicable FCC-
adopted limits for radiofrequency
exposure specified in Sec. 1.1310.
* * * * * * *
------------------------------------------------------------------------
(2) Mobile and portable transmitting devices that operate in the
Commercial Mobile Radio Services pursuant to part 20 of this chapter;
the Cellular Radiotelephone Service pursuant to part 22 of this
chapter; the Personal Communications Services pursuant to part 24 of
this chapter; the Satellite Communications Services pursuant to part 25
of this chapter; the Miscellaneous Wireless Communications Services
pursuant to part 27 of this chapter; the Maritime Services (ship earth
station devices only) pursuant to part 80 of this chapter; and the
Specialized Mobile Radio Service, and the 3650 MHz Wireless Broadband
Service pursuant to part 90 of this chapter are subject to routine
environmental evaluation for RF exposure prior to equipment
authorization or use, as specified in Sec. Sec. 2.1091 and 2.1093 of
this chapter. * * *
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
4. Section 2.1091 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 2.1091 Radiofrequency radiation exposure evaluation: mobile
devices.
* * * * *
(c) Mobile devices that operate in the Cellular Radiotelephone
Service pursuant to part 22 of this chapter; the Personal
Communications Services pursuant to part 24 of this chapter; the
Satellite Communications Services pursuant to part 25 of this chapter;
the Miscellaneous Wireless Communications Services pursuant to part 27
of this chapter; the Maritime Services (ship earth station devices
only) pursuant to part 80 of this chapter; and the Specialized Mobile
Radio Service, and the 3650 MHz Wireless Broadband Service pursuant to
part 90 of this chapter are subject to routine environmental evaluation
for RF exposure prior to equipment authorization or use if they operate
at frequencies of 1.5 GHz or below and their effective radiated power
(ERP) is 1.5 watts or more, or if they operate at frequencies above 1.5
GHz and their ERP is 3 watts or more. * * *
* * * * *
0
5. Section 2.1093 is amended by revising the first sentence in
paragraph (c) to read as follows:
Sec. 2.1093 Radiofrequency radiation exposure evaluation: portable
devices.
* * * * *
(c) Portable devices that operate in the Cellular Radiotelephone
Service pursuant to part 22 of this chapter; the Personal
Communications Services pursuant to part 24 of this chapter; the
Satellite Communications Services pursuant to part 25 of this chapter;
the Miscellaneous Wireless Communications Services pursuant to part 27
of this chapter; the Maritime Services (ship earth station devices
only) pursuant to part 80 of this chapter; and the Specialized Mobile
Radio Service, the 4.9 GHz Band Service, and the 3650 MHz Wireless
Broadband Service pursuant to part 90 of this chapter; the Wireless
Medical Telemetry Service (WMTS) and the Medical Device
Radiocommunication Service (MedRadio), pursuant to subparts H and I of
part 95 of this chapter, respectively; and unlicensed personal
communication service, unlicensed NII devices and millimeter wave
devices authorized under 15.253(f), 15.255(g), 15.257(g), 15.319(i),
and 15.407(f) of this chapter are subject to routine environmental
evaluation for RF exposure prior to equipment authorization or use. * *
*
* * * * *
PART 20--COMMERCIAL MOBILE RADIO SERVICES
0
6. The authority citation for part 20 is revised to read as follows:
Authority: 47 U.S.C. 154, 160, 201, 251-254, 301-303 and 332
unless otherwise noted.
0
7. Add Sec. 20.2 to read as follows:
Sec. 20.2 Other applicable rule parts.
Other FCC rule parts applicable to licensees in the commercial
mobile radio services include the following:
(a) Part 1. This part includes rules of practice and procedure for
license applications, adjudicatory proceedings, procedures for
reconsideration and review of the Commission's actions; provisions
concerning violation notices and forfeiture proceedings; competitive
bidding procedures; and the environmental requirements that, together
with the procedures specified in Sec. 17.4(c) of this chapter, if
applicable, must be complied with prior to the initiation of
construction. Subpart F includes the rules for the Wireless
Telecommunications Services and the procedures for filing
electronically via the ULS.
(b) Part 2. This part contains the Table of Frequency Allocations
and special requirements in international regulations, recommendations,
agreements, and treaties. This part also contains standards and
procedures concerning the marketing and importation of radio frequency
devices, and for obtaining equipment authorization.
0
8. Section 20.3 is amended by adding definitions ``Consumer Signal
Booster'', ``Fixed Consumer Signal Booster'', ``Industrial Signal
Booster'', ``Mobile
[[Page 21560]]
Consumer Signal Booster'', ``Non-individual'', ``Provider-Specific
Consumer Signal Boosters'', ``Signal booster'', ``Signal booster
operator'', and ``Wideband Consumer Signal Boosters'' in alphabetical
order to read as follows:
Sec. 20.3 Definitions.
* * * * *
Consumer Signal Booster: A bi-directional signal booster that is
marketed and sold to the general public for use without modification.
* * * * *
Fixed Consumer Signal Booster. A Consumer Signal Booster designed
to be operated in a fixed location in a building.
* * * * *
Industrial Signal Booster: All signal boosters other than Consumer
Signal Boosters.
* * * * *
Mobile Consumer Signal Booster. A Consumer Signal Booster designed
to operate in a moving vehicle where both uplink and downlink
transmitting antennas are at least 20 cm from the user or any other
person.
* * * * *
Non-individual. A non-individual is a partnership and each partner
is eighteen years of age or older; a corporation; an association; a
state, territorial, or local government unit; or a legal entity.
* * * * *
Provider-Specific Consumer Signal Boosters. Provider-Specific
Consumer Signal Boosters may only operate on the frequencies and in the
market areas of the specified licensee(s). Provider-Specific Consumer
Signal Boosters may only be certificated and operated with the consent
of the licensee(s) whose frequencies are being amplified by the device.
* * * * *
Signal booster. A device that automatically receives, amplifies,
and retransmits on a bi- or unidirectional basis, the signals received
from base, fixed, mobile, or portable stations, with no change in
frequency or authorized bandwidth.
* * * * *
Signal booster operator. The signal booster operator is the person
or persons with control over the functioning of the signal booster, or
the person or persons with the ability to deactivate it in the event of
technical malfunctioning or harmful interference to a primary radio
service.
* * * * *
Wideband Consumer Signal Boosters. Wideband Consumer Signal
Boosters may operate on the frequencies and in the market areas of
multiple licensees.
0
9. Add Sec. 20.21 to read as follows:
Sec. 20.21 Signal boosters.
(a) Operation of Consumer Signal Boosters. A subscriber in good
standing of a commercial mobile radio service system may operate a
Consumer Signal Booster for personal use under the authorization held
by the licensee providing service to the subscriber provided that the
subscriber complies with paragraphs (a)(1) through (6). Failure to
comply with all applicable rules in this section and all applicable
technical rules for the frequency band(s) of operation voids the
authority to operate the Consumer Signal Booster.
(1) Prior to operation, the subscriber obtains the consent of the
licensee providing service to the subscriber;
(2) Prior to operation, the subscriber registers the Consumer
Signal Booster with the licensee providing service to the subscriber;
(3) The subscriber only operates the Consumer Signal Booster with
approved antennas, cables, and/or coupling devices as specified by the
manufacturer of the Consumer Signal Booster;
(4) The subscriber operates the Consumer Signal Booster on
frequencies used for the provision of subscriber-based services under
parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E
Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio)
of this chapter. Operation on part 90 (Specialized Mobile Radio)
frequencies is permitted upon the Commission's release of a public
notice announcing the date Consumer Signal Boosters may be used in the
band;
(5) The Consumer Signal Booster complies with paragraphs (e), (f),
(g), and (h) of this section and Sec. 2.907 of this chapter; and
(6) The subscriber may not deactivate any features of the Consumer
Signal Booster which are designed to prevent harmful interference to
wireless networks. These features must be enabled and operating at all
times the signal booster is in use.
(b) De minimis operation of Consumer Signal Boosters. A third
party's incidental use of a subscriber's Consumer Signal Booster
operated under this paragraph is de minimis and shall be authorized
under the authorization held by the licensee providing service to the
third party.
(c) Operation of Industrial Signal Boosters. An individual or non-
individual, other than a representative of a foreign government, may
operate an Industrial Signal Booster provided that the individual or
non-individual:
(1) Has an FCC license or obtains the express consent of the
licensee(s) whose frequencies are being retransmitted by the device on
a regular basis, and
(2) Uses an Industrial Signal Booster which complies with paragraph
(f) of this section.
(d) Operation on a secondary, non-interference basis. Operation of
signal boosters under this section is on a secondary, non-interference
basis to primary services licensed for the frequency bands on which
they transmit, and to primary services licensed for the adjacent
frequency bands that might be affected by their transmissions.
(1) The operation of signal boosters must not cause harmful
interference to the communications of any primary licensed service.
(2) Upon request of an FCC representative or a licensee
experiencing harmful interference, a signal booster operator must:
(i) Cooperate in determining the source of the interference, and
(ii) If necessary, deactivate the signal booster immediately, or as
soon as practicable, if immediate deactivation is not possible.
(e) Consumer Signal Booster Network Protection Standard. (1) All
Consumer Signal Boosters must incorporate features to prevent harmful
interference to wireless networks including but not limited to those
enumerated in this section.
(2) Certification requirements. (i) A Consumer Signal Booster can
only be certificated and operated if it complies with all applicable
rules in this subpart and all applicable technical rules for the
frequency band(s) of operation including, but not limited to: Sec.
22.355 of this chapter, Public Mobile Services, frequency tolerance;
Sec. 22.913 of this chapter, Cellular Radiotelephone Service effective
radiated power limits; Sec. 22.917 of this chapter, Cellular
Radiotelephone Service, emission limitations for cellular equipment;
Sec. 24.232 of this chapter, Broadband Personal Communications
Service, power and antenna height limits; Sec. 24.238 of this chapter,
Broadband Personal Communications Service, emission limitations for
Broadband PCS equipment; Sec. 27.50 of this chapter, Miscellaneous
Wireless Communications Services, power and antenna height limits;
Sec. 27.53 of this chapter, Miscellaneous Wireless Communications
Services, emission limits; Sec. 90.205 of this chapter, Private Land
Mobile Radio Services, power and antenna height limits; Sec. 90.210 of
this chapter, Private Land Mobile Radio Services, emission masks; and
Sec. 90.247 of this chapter, Private Land Mobile Radio Services,
mobile repeater stations.
[[Page 21561]]
(ii) In case of any conflict between the rules set forth in this
section and the rules set forth in parts 22, 24, 27, and 90 of title
47, chapter I of the Code of Federal Regulations, the rules in this
section shall govern.
(iii) The application for certification must satisfy the Commission
that the Consumer Signal Boosters' features designed to prevent harmful
interference and protect wireless networks cannot be easily defeated
and must be enabled at all times.
(3) Frequency Bands. Consumer Signal Boosters must be designed and
manufactured such that they only operate on the frequencies used for
the provision of subscriber-based services under parts 22 (Cellular),
24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz
Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. The
Commission will not certificate any Consumer Signal Boosters for
operation on part 90 of this chapter (Specialized Mobile Radio)
frequencies until the Commission releases a public notice announcing
the date Consumer Signal Boosters may be used in the band.
(4) Self-monitoring. Consumer Signal Boosters must automatically
self-monitor their operation to ensure compliance with applicable noise
and gain limits and either self-correct or shut down automatically if
their operation exceeds those parameters.
(5) Anti-oscillation. Consumer Signal Boosters must be able to
detect and mitigate any unintended oscillations in uplink and downlink
bands (such as may result from insufficient isolation between the
antennas).
(6) Power Down. Consumer Signal Boosters must automatically power
down or cease amplification as they approach any affected base station.
(7) Interference Avoidance for Wireless Subsystems. Consumer Signal
Boosters using unlicensed (part 15 of this chapter) or other frequency
bands for wireless transmissions between donor and server subsystems
for their internal operations must employ interference avoidance
methods to prevent interference transmitted into authorized CMRS
spectrum bands.
(8) Wideband Consumer Signal Boosters. A Wideband Consumer Signal
Booster will meet the Consumer Signal Booster Network Protection
Standard if it complies with paragraphs (e)(1) through (e)(7) of this
section and the following:
(i) Technical Requirements--(A) Noise Limits. (1) The transmitted
noise power in dBm/MHz of consumer boosters at their uplink and
downlink ports shall not exceed -103 dBm/MHz--RSSI.
Where RSSI (received signal strength indication) is the downlink
composite received signal power in dBm at the booster donor port for
all base stations in the band of operation. RSSI is expressed in
negative dB units relative to 1 mW.
(2) The transmitted maximum noise power in dBm/MHz of consumer
boosters at their uplink and downlink ports shall not exceed the
following limits:
(i) Fixed booster maximum noise power shall not exceed -102.5 dBm/
MHz + 20 Log10 (Frequency), where Frequency is the uplink
mid-band frequency of the supported spectrum bands in MHz.
(ii) Mobile booster maximum noise power shall not exceed-59 dBm/
MHz.
(iii) Compliance with Noise limits will use instrumentation
calibrated in terms of RMS equivalent voltage, and with booster input
ports terminated or without input signals applied within the band of
measurement.
(B) Bidirectional Capability. Consumer Boosters must be able to
provide equivalent uplink and downlink gain and conducted uplink power
output that is at least 0.05 watts. One-way consumer boosters (i.e.,
uplink only, downlink only, uplink impaired, downlink impaired) are
prohibited. Spectrum block filtering may be used provided the uplink
filter attenuation is not less than the downlink filter attenuation,
and where RSSI is measured after spectrum block filtering is applied
referenced to the booster's input port for each band of operation.
(C) Booster Gain Limits. (1) The uplink gain in dB of a consumer
booster referenced to its input and output ports shall not exceed -34
dB--RSSI + MSCL.
(i) Where RSSI is the downlink composite received signal power in
dBm at the booster donor port for all base stations in the band of
operation. RSSI is expressed in negative dB units relative to 1 mW.
(ii) Where MSCL (Mobile Station Coupling Loss) is the minimum
coupling loss in dB between the wireless device and input port of the
consumer booster. MSCL must be calculated or measured for each band of
operation and provided in compliance test reports.
(2) The uplink and downlink maximum gain of a Consumer Booster
referenced to its input and output ports shall not exceed the following
limits:
(i) Fixed Booster maximum gain shall not exceed 6.5 dB + 20
Log10 (Frequency)
(ii) Where, Frequency is the uplink mid-band frequency of the
supported spectrum bands in MHz.
(iii) Mobile Booster maximum gain shall not exceed 50 dB when using
an inside antenna (e.g., inside a vehicle), 23 dB when using direct
contact coupling (e.g., cradle-type boosters), or 15 dB when directly
connected (e.g., boosters with a physical connection to the phone).
(D) Power Limits. A booster's uplink power must not exceed 1 watt
composite conducted power and equivalent isotropic radiated power
(EIRP) for each band of operation. Composite downlink power shall not
exceed 0.05 watt (17 dBm) conducted and EIRP for each band of
operation. Compliance with power limits will use instrumentation
calibrated in terms of RMS equivalent voltage.
(E) Out of Band Emission Limits. Booster out of band emissions
(OOBE) shall be at least 6 dB below the FCC's mobile emission limits
for the supported bands of operation. Compliance to OOBE limits will
utilize high peak-to-average CMRS signal types.
(F) Intermodulation Limits. The transmitted intermodulation
products of a consumer booster at its uplink and downlink ports shall
not exceed the power level of -19 dBm for the supported bands of
operation. Compliance with intermodulation limits will use boosters
operating at maximum gain and maximum rated output power, with two
continuous wave (CW) input signals spaced 600 kHz apart and centered in
the pass band of the booster, and with a 3 kHz measurement bandwidth.
(G) Booster Antenna Kitting. All consumer boosters must be sold
with user manuals specifying all antennas and cables that meet the
requirements of this section. All consumer boosters must be sold
together with antennas, cables, and/or coupling devices that meet the
requirements of this section. The grantee is required to submit a
technical document with the application for FCC equipment authorization
that shows compliance of all antennas, cables and/or coupling devices
with the requirements of this section, including any antenna or
equipment upgrade options that may be available at initial purchase or
as a subsequent upgrade.
(H) Transmit Power Off Mode. When the consumer booster cannot
otherwise meet the noise and gain limits defined herein it must operate
in ``Transmit Power OFF Mode.'' In this mode of operation, the uplink
and downlink noise power shall not exceed -70 dBm/MHz and uplink gain
shall not exceed the lesser of 23 dB or MSCL.
[[Page 21562]]
(I) Uplink Inactivity. When a consumer booster is not serving an
active device connection after 5 minutes the uplink noise power shall
not exceed -70 dBm/MHz.
(ii) Interference Safeguards. Consumer boosters must include
features to prevent harmful interference including, at a minimum, those
enumerated in this subsection. These features may not be deactivated by
the operator and must be enabled and operating at all times the signal
booster is in use.
(A) Anti-Oscillation. Consumer boosters must be able to detect and
mitigate (i.e., by automatic gain reduction or shut down), any
oscillations in uplink and downlink bands. Oscillation detection and
mitigation must occur automatically within 0.3 seconds in the uplink
band and within 1 second in the downlink band. In cases where
oscillation is detected, the booster must continue mitigation for at
least one minute before restarting. After five such restarts, the
booster must not resume operation until manually reset.
(B) Gain Control. Consumer boosters must have automatic limiting
control to protect against excessive input signals that would cause
output power and emissions in excess of that authorized by the
Commission.
(C) Interference Avoidance for Wireless Subsystems. Consumer
boosters using unlicensed (part 15) or other frequency bands for
wireless transmissions between donor and server subsystems for its
internal operations must employ interference avoidance methods to
prevent interference transmitted into authorized CMRS spectrum bands
and must meet applicable limits for radiofrequency exposure.
(9) Provider-Specific Consumer Signal Boosters. A Provider-Specific
Consumer Signal Booster will meet the Consumer Signal Booster Network
Protection Standard if it complies with paragraphs (e)(1) through
(e)(7) of this section and the following:
(i) Technical Requirements--(A) Noise Limits. The transmitted noise
power in dBm/MHz of frequency selective consumer boosters outside the
licensee's spectrum blocks at their uplink and downlink ports shall not
exceed the following limits:
(1) -103 dBm/MHz-RSSI
(i) Where RSSI is the downlink composite signal power received in
dBm for frequencies in the band of operation outside the licensee's
spectrum block as measured after spectrum block filtering is applied
and is referenced to the booster's donor port for each band of
operation. RSSI is expressed in negative dB units relative to 1 mW.
(ii) Boosters with MSCL less than 40 dB, shall reduce the Noise
output in (A) by 40 dB-MSCL, where MSCL is the minimum coupling loss in
dB between the wireless device and booster's server port. MSCL must be
calculated or measured for each band of operation and provided in
compliance test reports.
(2)(i) Maximum downlink noise power shall not exceed -102.5 dBm/MHz
+ 20 Log10 (Frequency), where Frequency is the uplink mid-
band frequency of the supported spectrum bands in MHz.
(ii) Compliance with Noise limits will use instrumentation
calibrated in terms of RMS equivalent voltage, and with booster input
ports terminated or without input signals applied within the band of
measurement.
(B) Bidirectional Capability. Consumer Boosters must be able to
provide equivalent uplink and downlink gain and conducted uplink power
output that is at least 0.05 watts. One-way consumer boosters (i.e.,
uplink only, downlink only, uplink impaired, downlink impaired) are
prohibited. Spectrum block filtering used must provide uplink filter
attenuation not less than the downlink filter attenuation, and where
RSSI is measured after spectrum block filtering is applied referenced
to the booster's input port for each band of operation.
(C) Booster Gain Limits. The gain of the frequency selective
consumer booster shall meet the limits below.
(1) The uplink and downlink gain in dB of a frequency selective
consumer booster referenced to its input and output ports shall not
exceed BSCL-28 dB-(40 dB-MSCL).
(i) Where BSCL is the coupling loss between the booster's donor
port and the base station's input port, and MSCL is the minimum
coupling loss in dB between the wireless device and the booster's
server port. MSCL must be calculated or measured for each band of
operation and provided in compliance test reports.
(ii) In order of preference, BSCL is determined as follows:
determine path loss between the base station and the booster; such
measurement shall be based on measuring the received forward pilot/
control channel power at the booster and reading the pilot/control
channel transmit power from the base station as defined in the system
information messages sent by the base station; estimate BSCL by
assuming that the base station is transmitting at a level of +25 dBm
per channel (assume a small, lightly loaded cell) and measuring the
total received signal power level within the channel in dBm (RPCH)
received at the booster input port. BSCL is then calculated as 25-RPCH;
or assume that the BSCL is 70 dB without performing any measurement.
(2) The uplink and downlink maximum gain of a frequency selective
consumer booster referenced to its input and output ports shall not
exceed 19.5 dB + 20 Log (Frequency), or 100 dB for systems having
automatic gain adjustment based on isolation measurements between
booster donor and server antennas.
Where, Frequency is the uplink mid-band frequency of the supported
spectrum bands in MHz.
(D) Power Limits. A booster's uplink power must not exceed 1 watt
composite conducted power and equivalent isotropic radiated power
(EIRP) for each band of operation. Downlink power shall not exceed 0.05
watt (17 dBm) composite and 10 dBm per channel conducted and EIRP for
each band of operation. Compliance with power limits will use
instrumentation calibrated in terms of RMS equivalent voltage.
(E) Out of Band Gain Limits. (1) A frequency selective booster
shall have the following minimum attenuation referenced to the gain in
the center of the pass band of the booster:
(i) -20 dB at the band edge, where band edge is the end of the
licensee's allocated spectrum,
(ii) -30 dB at 1 MHz offset from band edge,
(iii) -40 dB at 5 MHz offset from band edge.
(2) A frequency selective booster having maximum gain greater than
80 dB (referenced to the center of the pass band) shall limit the out
of band gain to 60 dB at 0.2 MHz offset from the band edge, and 45 dB
at 1 MHz offset from the band edge, where band edge is the end of the
licensee's allocated spectrum.
(F) Out of Band Emission Limits. Booster out of band emissions
(OOBE) shall meet the FCC's mobile emission limits for the supported
bands of operation. Compliance to OOBE limits will utilize high peak-
to-average CMRS signal types.
(G) Intermodulation Limits. The transmitted intermodulation
products of a consumer booster at its uplink and downlink ports shall
not exceed the power level of -19 dBm for the supported bands of
operation. Compliance with intermodulation limits will use boosters
operating at maximum gain and maximum rated output power, with two
continuous wave (CW) input signals spaced 600 kHz apart and centered in
the pass band of the booster,
[[Page 21563]]
and with a 3 kHz measurement bandwidth.
(H) Booster Antenna Kitting. All consumer boosters must be sold
with user manuals specifying all antennas and cables that meet the
requirements of this section. Mobile consumer boosters must be sold
together with antennas, cables, and/or coupling devices that meet the
requirements of this section. The grantee is required to submit a
technical document with the application for FCC equipment authorization
that shows compliance of all antennas, cables, and/or coupling devices
with the requirements of this section, including any antenna or
equipment upgrade options that may be available at initial purchase or
as a subsequent upgrade.
(I) Transmit Power Off Mode. When the consumer booster cannot
otherwise meet the noise and gain limits defined herein it must operate
in ``Transmit Power OFF Mode.'' In this mode of operation, the uplink
and downlink noise power shall not exceed -70 dBm/MHz and uplink gain
shall not exceed the lesser of 23 dB or MSCL.
(J) Uplink Inactivity. When a consumer booster is not serving an
active device connection after 5 seconds the uplink noise power shall
not exceed -70 dBm/MHz.
(ii) Interference Safeguards. Consumer boosters must include
features to prevent harmful interference including, at a minimum, those
enumerated in this subsection. These features may not be deactivated by
the operator and must be enabled and operating at all times the signal
booster is in use.
(A) Anti-Oscillation. Consumer boosters must be able to detect and
mitigate (i.e., by automatic gain reduction or shut down), any
oscillations in uplink and downlink bands. Oscillation detection and
mitigation must occur automatically within 0.3 seconds in the uplink
band and within 1 second in the downlink band. In cases where
oscillation is detected, the booster must continue mitigation for at
least one minute before restarting. After five such restarts, the
booster must not resume operation until manually reset.
(B) Gain Control. Consumer boosters must have automatic limiting
control to protect against excessive input signals that would cause
output power and emissions in excess of that authorized by the
Commission.
(C) Interference Avoidance for Wireless Subsystems. Consumer
boosters using unlicensed (part 15) or other frequency bands for
wireless transmissions between donor and server subsystems for its
internal operations must employ interference avoidance methods to
prevent interference transmitted into authorized CMRS spectrum bands.
(10) Equivalent Protections. Consumer Signal Boosters which do not
meet the technical specifications enumerated in paragraphs (e)(1)
through (e)(9) of this section may also meet the Network Protection
Standard if they provide equivalent protections as determined by the
Wireless Telecommunications Bureau.
(f) Signal booster labeling requirements. (1) Signal booster
manufacturers, distributors, and retailers must ensure that all signal
boosters marketed on or after March 1, 2014 include the following
advisories:
(1) In on-line, point-of-sale marketing materials,
(2) In any print or on-line owner's manual and installation
instructions,
(3) On the outside packaging of the device, and
(4) On a label affixed to the device:
(i) For Consumer Signal Boosters:
This is a CONSUMER device.
BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless
provider and have your provider's consent. Most wireless providers
consent to the use of signal boosters. Some providers may not consent
to the use of this device on their network. If you are unsure, contact
your provider.
You MUST operate this device with approved antennas and cables as
specified by the manufacturer. Antennas MUST be installed at least 20
cm (8 inches) from any person.
You MUST cease operating this device immediately if requested by
the FCC or a licensed wireless service provider.
WARNING. E911 location information may not be provided or may be
inaccurate for calls served by using this device.
(ii) For Industrial Signal Boosters:
WARNING. This is NOT a CONSUMER device. It is designed for
installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have
an FCC LICENSE or express consent of an FCC Licensee to operate this
device. Unauthorized use may result in significant forfeiture
penalties, including penalties in excess of $100,000 for each
continuing violation.
(2) A Consumer Signal Booster label may contain an acknowledgement
that particular provider(s) have given their consent for all consumers
to use the device. Such an acknowledgement would be inserted prior to,
``Some wireless providers may not consent to the use of this device on
their network. If you are unsure, contact your provider.'' The
remaining language of the advisory shall remain the same.
(g) Marketing and sale of signal boosters. Except as provided in
Sec. 2.803 of this chapter, no person, manufacturer, distributor, or
retailer may market, distribute or offer for sale or lease any Consumer
Signal Booster that does not comply with the requirements of this
section to any person in the United States or to any person intending
to operate the Consumer Signal Booster within the United States at any
time on or after March 1, 2014. Consumer Signal Boosters may only be
sold to members of the general public for their personal use.
(h) Registration. Each licensee consenting to the operation of a
Consumer Signal Booster must establish a free registration mechanism
for subscribers and register all Consumer Signal Boosters to which it
consents. A licensee must establish a registration mechanism by the
later of March 1, 2014 or within 90 days of consenting to the operation
of a Consumer Signal Booster. At a minimum, a licensee must collect:
(1) The name of the Consumer Signal Booster owner and/or operator,
if different individuals;
(2) The make, model, and serial number of the device;
(3) The location of the device; and
(4) The date of initial operation. Licensee consent is voluntary
and may be withdrawn at the licensee's discretion.
PART 22--PUBLIC MOBILE SERVICES
0
10. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
0
11. Add Sec. 22.9 to read as follows:
Sec. 22.9 Operation of certificated signal boosters.
Individuals and non-individuals may operate certificated Consumer
Signal Boosters on frequencies regulated under this part provided that
such operation complies with all applicable rules under this part and
Sec. 20.21 of this chapter. Failure to comply with all applicable
rules voids the authority to operate a signal booster.
PART 24--PERSONAL COMMUNICATION SERVICES
0
12. The authority citation for part 24 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 309, and 332.
[[Page 21564]]
0
13. Add Sec. 24.9 to subpart A to read as follows:
Sec. 24.9 Operation of certificated signal boosters.
Individuals and non-individuals may operate certificated Consumer
Signal Boosters on frequencies regulated under this part provided that
such operation complies with all applicable rules under this part and
Sec. 20.21 of this chapter. Failure to comply with all applicable
rules voids the authority to operate a signal booster.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATION SERVICES
0
14. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and
337 unless otherwise noted.
0
15. Add Sec. 27.9 to subpart A to read as follows:
Sec. 27.9 Operation of certificated signal boosters.
Individuals and non-individuals may operate certificated Consumer
Signal Boosters on frequencies regulated under this part provided that
such operation complies with all applicable rules under this part and
Sec. 20.21 of this chapter. Failure to comply with all applicable
rules voids the authority to operate a signal booster.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
16. 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), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
17. In Sec. 90.7 add the definition for ``Signal amplifier'' in
alphabetical order to read as follows:
Sec. 90.7 Definitions.
* * * * *
Signal amplifier. A device that amplifies radio frequency signals
and is connected to a mobile radio transceiver, portable or handset,
typically to the antenna connector. Note that a signal amplifier is not
the same thing as a signal booster.
* * * * *
0
18. Add paragraph (q) to Sec. 90.203 to read as follows:
Sec. 90.203 Certification required.
* * * * *
(q) Certification requirements for signal boosters are set forth in
Sec. 90.219.
0
19. Revise Sec. 90.219 to read as follows:
Sec. 90.219 Use of signal boosters.
This section contains technical and operational rules allowing the
use of signal boosters in the Private Land Mobile Radio Services
(PLMRS). Rules for signal booster operation in the Commercial Mobile
Radio Services under part 90 are found in Sec. 20.21 of this chapter.
(a) Definitions. The definitions in this paragraph apply only to
the rules in this section.
Class A signal booster. A signal booster designed to retransmit
signals on one or more specific channels. A signal booster is deemed to
be a Class A signal booster if none of its passbands exceed 75 kHz.
Class B signal booster. A signal booster designed to retransmit any
signals within a wide frequency band. A signal booster is deemed to be
a Class B signal booster if it has a passband that exceeds 75 kHz.
Coverage area of a PLMRS station. All locations within the normal
reliable operating range (service contour) of a PLMRS station.
Deploy a signal booster. Install and/or initially adjust a signal
booster.
Distributed Antenna System (DAS). A network of spatially separated
antenna nodes connected to a common source via a transport medium that
provides wireless service within a geographic area or structure.
Operate a signal booster. Maintain operational control over, and
responsibility for the proper functioning of, a signal booster.
Signal booster. A device or system that automatically receives,
amplifies, and retransmits signals from wireless stations into and out
of building interiors, tunnels, shielded outdoor areas and other
locations where these signals would otherwise be too weak for reliable
communications. Signal booster systems may contain both Class A and
Class B signal boosters as components.
(b) Authority to operate. PLMRS licensees for stations operating on
assigned channels higher than 150 MHz may operate signal boosters,
limited to the service band for which they are authorized, as needed
anywhere within the PLMRS stations' service contour, but may not extend
the stations' service contour.
(1) PLMRS licensees may also consent to operation of signal
boosters by non-licensees (such as a building owner or a signal booster
installation contractor) within their service contour and across their
applicable frequencies, but must maintain a reasonable level of control
over these operations in order to resolve interference problems.
(i) Non-licensees seeking to operate signal boosters must obtain
the express consent of the licensee(s) of the frequencies for which the
device or system is intended to amplify. The consent must be maintained
in a recordable format that can be presented to an FCC representative
or other relevant licensee investigating interference.
(ii) Consent is not required from third party (unintended)
licensees whose signals are incidentally retransmitted. However, signal
booster operation is on a non-interference basis and operations may be
required to cease or alter the operating parameters due to a request
from an FCC representative or a licensee's request to resolve
interference.
(2) [Reserved]
(c) Licensee responsibility; interference. PLMRS licensees that
operate signal boosters are responsible for their proper operation, and
are responsible for correcting any harmful interference that signal
booster operation may cause to other licensed communications services.
Normal co-channel transmissions are not considered to be harmful
interference. Licensees are required to resolve interference problems
pursuant to Sec. 90.173(b). Licensees shall act in good faith
regarding the operation of signal boosters and in the resolution of
interference due to signal booster operation. Licensees who are unable
to determine the location or cause of signal booster interference may
seek assistance from the FCC to resolve such problems.
(d) Deployment rules. Deployment of signal boosters must be carried
out in accordance with the rules in this paragraph.
(1) Signal boosters may be used to improve coverage in weak signal
areas only.
(2) Signal boosters must not be used to extend PLMRS stations'
normal operating range.
(3) Signal boosters must be deployed such that the radiated power
of the each retransmitted channel, on the forward link and on the
reverse link, does not exceed 5 Watts effective radiated power (ERP).
(4) Class B signal boosters may be deployed only at fixed
locations; mobile operation of Class B signal boosters is prohibited
after November 1, 2014.
(5) Class B signal booster installations must be registered in the
FCC signal booster database that can be accessed at the following URL:
www.fcc.gov/signal-boosters/registration.
[[Page 21565]]
(6) Good engineering practice must be used in regard to the
radiation of intermodulation products and noise, such that interference
to licensed communications systems is avoided. In the event of harmful
interference caused by any given deployment, the FCC may require
additional attenuation or filtering of the emissions and/or noise from
signal boosters or signal booster systems, as necessary to eliminate
the interference.
(i) In general, the ERP of intermodulation products should not
exceed -30 dBm in 10 kHz measurement bandwidth.
(ii) In general, the ERP of noise within the passband should not
exceed -43 dBm in 10 kHz measurement bandwidth.
(iii) In general, the ERP of noise on spectrum more than 1 MHz
outside of the passband should not exceed -70 dBm in a 10 kHz
measurement bandwidth.
(7) Signal booster passbands are limited to the service band or
bands for which the operator is authorized. In general, signal boosters
should utilize the minimum passband that is sufficient to accomplish
the purpose. Except for distributed antenna systems (DAS) installed in
buildings, the passband of a Class B booster should not encompass both
commercial services (such as ESMR and Cellular Radiotelephone) and part
90 Land Mobile and Public Safety Services.
(e) Device Specifications. In addition to the general rules for
equipment certification in Sec. 90.203(a)(2) and part 2, subpart J of
this chapter, a signal booster must also meet the rules in this
paragraph.
(1) The output power capability of a signal booster must be
designed for deployments providing a radiated power not exceeding 5
Watts ERP for each retransmitted channel.
(2) The noise figure of a signal booster must not exceed 9 dB in
either direction.
(3) Spurious emissions from a signal booster must not exceed -13
dBm within any 100 kHz measurement bandwidth.
(4) A signal booster must be designed such that all signals that it
retransmits meet the following requirements:
(i) The signals are retransmitted on the same channels as received.
Minor departures from the exact provider or reference frequencies of
the input signals are allowed, provided that the retransmitted signals
meet the requirements of Sec. 90.213.
(ii) There is no change in the occupied bandwidth of the
retransmitted signals.
(iii) The retransmitted signals continue to meet the unwanted
emissions limits of Sec. 90.210 applicable to the corresponding
received signals (assuming that these received signals meet the
applicable unwanted emissions limits by a reasonable margin).
(5) On or after March 1, 2014, a signal booster must be labeled to
indicate whether it is a Class A or Class B device, and the label must
include the following advisory
(1) In on-line point-of-sale marketing materials,
(2) In any print or on-line owner's manual and installation
instructions,
(3) On the outside packaging of the device, and
(4) On a label affixed to the device:
``WARNING. This is NOT a CONSUMER device. It is designed for
installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have
an FCC LICENSE or express consent of an FCC Licensee to operate this
device. You MUST register Class B signal boosters (as defined in 47 CFR
90.219) online at www.fcc.gov/signal-boosters/registration.
Unauthorized use may result in significant forfeiture penalties,
including penalties in excess of $100,000 for each continuing
violation.''
[FR Doc. 2013-07396 Filed 4-10-13; 8:45 am]
BILLING CODE 6712-01-P