Service Rules Governing Public Safety Narrowband Operations in the 769-775/799-805 MHz Bands, 23529-23533 [2013-09069]
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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Proposed Rules
beyond those imposed by State law. For
that reason, this proposed action:
• is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 9, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013–09288 Filed 4–18–13; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[PS Docket Nos. 13–87, 06–229; WT Docket
No. 96–86; RM–11433, RM–11577; FCC 13–
40]
Service Rules Governing Public Safety
Narrowband Operations in the 769–
775/799–805 MHz Bands
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document seeks
comment on proposals to amend the
Commission’s rules to promote
spectrum efficiency, interoperability,
and flexibility in 700 MHz public safety
narrowband operations (769–775/799–
805 MHz). By this action, the
Commission affords interested parties
an opportunity to submit comments on
these proposed rule changes.
DATES: Comments are due on or before
June 18, 2013 and reply comments are
due on or before July 18, 2013.
ADDRESS: You may submit comments,
identified by PS Docket No. 13–87, by
any of the following methods:
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Brian Marenco, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, (202) 418–0838.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking, FCC 13–40,
released on April 1, 2013. The
document is available for download at
https://fjallfoss.fcc.gov/edocs_public/.
The complete text of this document is
also available for inspection and
copying during normal business hours
in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
SUMMARY:
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FCC504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
1. In the Notice of Proposed
Rulemaking (NPRM) in PS Docket No.
13–87, the Commission initiates a new
proceeding to seek comment on
proposals to amend the Commission’s
rules governing 700 MHz public safety
narrowband operations (769–775/799–
805 MHz). The Commission seeks
comment on whether to extend or
eliminate the December 31, 2016
narrowbanding deadline for 700 MHz
public safety narrowband licensees to
transition from 12.5 kilohertz to 6.25
kilohertz channel bandwidth
technology.
2. The Commission also seeks
comment on a proposal from the
National Public Safety
Telecommunications Council (NPSTC)
to authorize secondary use of certain
channels in the 700 MHz band for
public safety aircraft voice operations.
Furthermore, the Commission seeks
comment on additional NPSTC
proposals to modify the rules governing
use of the designated nationwide
interoperability channels, data-only
interoperability channels, reserve
channels, and low power channels.
3. Finally, the Commission seeks
comment on a number of other issues,
including adjacent channel power (ACP)
limits for signal boosters, harmonizing
power limits, certifying Project 25
equipment and establishing a
standardized Network Access Code
(NAC) for operation on 700 MHz
interoperability channels.
4. Pursuant to §§ 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. All filings
related to the NPRM should refer to PS
Docket No. 13–87. Comments may be
filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24,121 (1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs. Filers should follow the
instructions provided on the Web site
for submitting comments.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
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each additional docket or rulemaking
number.
5. Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington DC 20554.
6. Interested parties may view
documents filed in this proceeding on
the Commission’s Electronic Comment
Filing System (ECFS) using the
following steps: (1) Access ECFS at
https://www.fcc.gov/cgb/ecfs. (2) In the
introductory screen, click on ‘‘Search
for Filed Comments.’’ (3) In the
‘‘Proceeding’’ box, enter the numerals in
the docket number. (4) Click on the box
marked ‘‘Retrieve Document List.’’ A
link to each document is provided in
the document list. The public may
inspect and copy filings and comments
during regular business hours at the
FCC Reference Information Center, 445
12th Street SW., Room CY–A257,
Washington, DC 20554. The public may
also purchase filings and comments
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street SW., Room
CY–B402, Washington, DC 20554,
telephone 1–800–378–3160, or via email
to fcc@bcpiweb.com. The public may
also download this NPRM from the
Commission’s Web site at https://
www.fcc.gov/.
7. People with Disabilities: 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).
8. Commenters who file information
that they believe should be withheld
from public inspection may request
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confidential treatment pursuant to
§ 0.459 of the Commission’s rules.
Commenters should file both their
original comments for which they
request confidentiality and redacted
comments, along with their request for
confidential treatment. Commenters
should not file proprietary information
electronically. See Examination of
Current Policy Concerning the
Treatment of Confidential Information
Submitted to the Commission, Report
and Order, 13 FCC Rcd 24816 (1998),
Order on Reconsideration, 14 FCC Rcd
20128 (1999). Even if the Commission
grants confidential treatment,
information that does not fall within a
specific exemption pursuant to the
Freedom of Information Act (FOIA)
must be publicly disclosed pursuant to
an appropriate request. See 47 CFR
0.461; 5 U.S.C. 552. We note that the
Commission may grant requests for
confidential treatment either
conditionally or unconditionally. As
such, we note that the Commission has
the discretion to release information on
public interest grounds that does fall
within the scope of a FOIA exemption.
9. This proceeding shall be treated as
a ‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with 47 CFR
1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the
Commission has made available a
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method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Procedural Matters
A. Initial Regulatory Flexibility Analysis
10. As required by the Regulatory
Flexibility Act of 1980, as amended
(‘‘RFA’’), the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (‘‘IRFA’’) of the
possible significant economic impact on
a substantial number of small entities
that might result from adoption of the
rules proposed in the NPRM. Written
public comments are requested on this
IRFA. Comments must be identified as
responses to the IRFA and must be filed
by the applicable deadlines for initial
comments, or reply comments, as
specified in the Further Notice of
Proposed Rulemaking. The Commission
will send a copy of the NPRM, including
this IRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration (‘‘SBA’’).
B. Need for, and Objectives of, the
Proposed Rules
11. In the NPRM, the Commission
seeks comment on further proposals to
amend the Commission’s rules
governing 700 MHz public safety
narrowband spectrum at 769–775 MHz
and 799–805 MHz. The rule changes the
Commission seeks comment on are
intended to promote flexible and
efficient use of public safety
narrowband spectrum in the 700 MHz
band while reducing the regulatory
burdens on licensees wherever possible.
In order to achieve these objectives, the
Commission seeks comment in the
NPRM on:
• extending or eliminating the
December 31, 2016 narrowbanding
deadline for 700 MHz public safety
narrowband licensees;
• allowing 700 MHz public safety
narrowband licensees to use the
secondary trunking channels for lowaltitude, low power air-ground voice
communications;
• redesignating two 6.25 kilohertz
bandwidth nationwide calling channels
as Nationwide Interoperability Travel
Channels;
• allowing tactical voice
communications on a secondary basis
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on the two 6.25 kilohertz bandwidth
data-only interoperability channels;
• designating the forty-eight 6.25
kilohertz bandwidth reserve channel
pairs for use by temporary deployable
mobile trunked infrastructure that could
be transported into an incident area to
assist with emergency response and
recovery;
• increasing the two-watt power limit
for low power channels to 20 watts
effective radiated power (ERP);
• requiring all 700 MHz narrowband
equipment to be certified under the TIA
Project 25 Compliance Assessment
Program (P25 CAP);
• exempting Class B signal boosters
from the Adjacent Channel Power (ACP)
limits when retransmitting multiple
signals;
• harmonizing and eliminating
redundant or conflicting power limits
for transmitters operating on the 700
MHz public safety narrowband
channels;
• specifying by rule a standardized
Network Access Code (NAC) for
operation on the 700 MHz
interoperability channels;
• clarifying that our rules require
radios to be capable of being
programmed to operate on all sixty-four
of the 6.25 kilohertz bandwidth
interoperability channels in the 700
MHz band;
• permitting users to operate their
mobile and portable equipment in
analog mode on the interoperability
channels.
C. Legal Basis
12. The legal basis for any action that
may be taken pursuant to the NPRM is
contained in sections 1, 4(i), 303, 316,
332, and 337 of the Communications
Act of 1934, as amended, 47 U.S.C. 1,
154(i), 303, 316, 332, and 337.
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D. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
13. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules. 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
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established by the Small Business
Administration (SBA).
14. Public Safety Radio Licensees. As
a general matter, Public Safety Radio
licensees include police, fire, local
government, forestry conservation,
highway maintenance, and emergency
medical services. For the purpose of
determining whether a Public Safety
Radio licensee is a small business as
defined by the SBA, we use the broad
census category, Wireless
Telecommunications Carriers (except
Satellite). This definition provides that
a small entity is any such entity
employing no more than 1,500 persons.
The Commission does not require
Public Safety Radio licensees to disclose
information about number of
employees, so the Commission does not
have information that could be used to
determine how many Public Safety
Radio licensees constitute small entities
under this definition.
15. 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.’’ The SBA has developed a
small business size standard for Radio
and Television Broadcasting and
Wireless Communications Equipment
Manufacturing, which is: all such firms
having 750 or fewer employees.
According to Census Bureau data for
2007, there were a total of 939
establishments in this category that
operated for part or all of the entire year.
According to Census bureau data for
2007, there were a total of 919 firms in
this category that operated for the entire
year. Of this total, 771 had less than 100
employees and 148 had more than 100
employees. Thus, under that size
standard, the majority of firms can be
considered small.
E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
16. No rule proposed in the NPRM
will entail additional reporting,
recordkeeping, and/or third-party
consultation. Two proposed rules in the
NPRM, however, would entail
additional compliance efforts as
described below.
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17. Project 25 Compliance Assessment
Program. We propose to require all
vendors of 700 MHz narrowband
equipment designed to operate on the
interoperability channels to demonstrate
compliance with the Project 25
Compliance Assessment Program (CAP).
CAP is a voluntary program that
establishes an independent compliance
assessment process to ensure that
communications equipment conforms to
Project 25 standards and is
interoperable across vendors. The
purpose of this proposal is to enhance
interoperability and provide assurance
to licensees that their equipment is
interoperable across vendors regardless
of which vendor they choose.
18. Interoperability Network Access
Code. We seek comment on whether to
specify a standardized Network Access
Code (NAC) by rule for operation on the
700 MHz interoperability channels. A
NAC is a pre-programmed digital
address used by radio units employing
the Project 25 standard to ‘‘hear’’ only
communications directed to that
address from another radio. We seek
comment on whether a standardized
NAC is necessary to ensure all radio
users can communicate with each other
on the interoperability channels.
F. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
19. The RFA requires an agency to
describe any significant, specifically
small business alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): ‘‘(1) the establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) and exemption from
coverage of the rule, or any part thereof,
for small entities.’’
20. The NPRM seeks comment on a
number of proposed changes to the rules
covering operation of public safety
systems on narrowband spectrum in the
700 MHz band. The NPRM seeks
comment on whether the proposed rule
changes will promote efficient use of
public safety narrowband spectrum in
the band while reducing economic
burdens on licensees. In order to strike
the proper balance between these two
objectives, the NPRM seeks comment on
a wide range of alternatives to the
proposals put forth.
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21. Deadline for Narrowbanding
Transition to 6.25 Kilohertz Technology.
The NPRM seeks comment on petitions
filed separately by the 700 MHz Region
24 Planning Committee, the State of
Louisiana, and the Regional Wireless
Cooperative seeking to delay the
December 31, 2016 deadline for
transition to 6.25 kilohertz-capable
equipment. Public safety licensees
operating on narrowband spectrum in
the 700 MHz band have until December
31, 2016 to complete a mandatory
migration from a 12.5 kilohertz voice
efficiency standard to a 6.25 kilohertz
voice efficiency standard. These parties
seek an extension of the deadline in
order to ensure that equipment
purchased by public safety licensees for
operation in the band need not be
replaced before its intended life cycle is
met. The NPRM seeks comment on
extending the December 31, 2016
deadline and factors to be considered if
a new deadline is selected.
Alternatively, the NPRM seeks comment
on whether the long-term future of the
700 MHz narrowband spectrum would
be best served by suspending or
eliminating the mandatory migration to
a 6.25 kilohertz voice efficiency
standard.
22. Air-Ground Communications on
Secondary Trunking Channels. The
NPRM seeks comment on a proposal by
the National Public Safety
Telecommunications Council (NPSTC)
to allow 700 MHz public safety
narrowband licensees to use the
secondary trunking channels for lowaltitude, low power air-ground voice
communications. NPSTC asserts that
designating these channels for airborne
use would allow licensees to
incorporate air-ground communications
into their operations while creating little
risk of interference to ground-based
operations. The NPRM seeks comment
on whether to dedicate channels in the
700 MHz band for air-ground use, if the
secondary trunking channels are the
most appropriate channels for this
purpose and if protection criteria is
needed to ensure that airborne
operations create no interfere to
terrestrial users which could potentially
increase costs and cause disruption to
users in the band.
23. Nationwide Interoperability Travel
Channel. The NPRM seeks comment on
a NPSTC proposal to redesignate two
nationwide calling interoperability
channels as Nationwide Interoperability
Travel Channels. NPSTC contends the
travel channels would facilitate
coordination of vehicle convoys
transporting resources, assets, and
personnel to major incidents, allowing
first responders and equipment to be
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deployed to an area directly instead of
having to first travel to a staging area.
The NPRM seeks comment on NPSTC’s
proposal and whether the potential
benefits of such a designation outweigh
the potential adverse impact of reducing
the overall channel capacity devoted to
nationwide calling interoperability.
24. Tactical Voice Communications
on Data Interoperability Channels. The
NPRM seeks comment on a NPSTC
proposal to allow tactical voice
communications on a secondary basis
on data-only interoperability channels.
NPSTC argues such action would help
meet the expanding demand for
communications supporting tactical
operations. The NPRM seeks comment
on NPSTC’s proposal and whether such
a designation would have any adverse
impact on primary data-only
interoperability. In this regard, the
NPRM seeks comment on whether this
proposal would have any impact on the
existing base of mobile, portable, and
base stations currently in use by public
safety entities, such as requiring
reprogramming or retrofits.
25. Temporary Deployable Mobile
Trunked Infrastructure. The NPRM
seeks comment on a NPSTC proposal to
designate all 48 reserve channel pairs
for use by temporary deployable mobile
trunked infrastructure that could be
transported into an incident area to
assist with emergency response and
recovery. According to NPSTC,
designating channels for deployable
trunked use would allow 700 MHz
licensees to pre-program these channels
into their subscriber radios, negating the
need during a disaster to reprogram
radios in the field or distribute cached
radios. The NPRM seeks comment on
whether designating some or all of the
narrowband reserve channels for
deployable mobile trunked
infrastructure would be a practical and
efficient utilization of these channels.
Alternatively, the NPRM seeks comment
on whether the same benefits could be
achieved by simply requiring
deployable equipment to operate on the
narrowband channels already
designated for general and/or state use
in the affected area.
26. Power Limit for Low Power
Channels. The NPRM seeks comment on
a NPSTC proposal to increase the power
limit on the low power channels from
two watts to 20 watts effective radiated
power (ERP). NPSTC argues that such
an increase would allow for more
effective on-scene communications in
critical life-safety situations,
particularly for fire department radios
operating in high ambient noise
environments. The NPRM seeks
comment on whether NPSTC’s proposal
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to increase the power limit to 20 watts
ERP would overcome the problem of
communicating in high ambient noise
environments but also seeks comment
on alternative solutions such as using
vehicular repeater system (VRS) units to
overcome the problem of
communicating in noisy environments.
27. Project 25 Compliance Assessment
Program. The NPRM seeks comment on
requiring all 700 MHz narrowband
equipment to be certified under the
Project 25 Compliance Assessment
Program (P25 CAP). The Commission
states in the NPRM that it believes
requiring all 700 MHz narrowband
equipment to be P25 CAP-certified
would enhance interoperability in the
band and would provide assurance to
licensees that their equipment will be
interoperable across vendors regardless
of which vendor they choose.
Nonetheless, the NPRM seeks comment
on what costs, if any, P25 CAP
certification would impose on vendors.
28. ACP Requirements for Class B
Signal Boosters. The NPRM seeks
comment on a proposal by Dekolink to
exempt Class B signal boosters from the
Adjacent Channel Power (ACP)
requirements when multiple signals are
retransmitted. Dekolink suggests that
Class B signal boosters currently
authorized to operate in the 700 MHz
public safety narrowband spectrum
typically produce intermodulation
products in excess of ACP limits when
simultaneously retransmitting two or
more signals. The NPRM seeks comment
whether exempting this class of devices
from the ACP requirements when
multiple signals are retransmitted
would unreasonably elevate the
potential for harmful interference to
adjacent channel users. The NPRM also
seeks comment on any technical
limitations that prevent these devices
from being designed and manufactured
to meet the current ACP limits and
whether compliance can be achieved
through filters and/or other technical
remedies.
29. Narrowband Power Limits. The
NPRM seeks comment on harmonizing
and consolidating power limits in
§§ 90.541 and 90.545(b) of the
Commission’s rules. In this regard, the
NPRM tentatively concludes to base
power limits on effective radiated power
(ERP) rather than transmitter power
output (TPO) but seeks comment on
whether a change in policy from TPO to
ERP would render certain incumbent
users or previously certified equipment
non-compliant. The NPRM also seeks
comment on antenna height limits.
30. Interoperability Network Access
Code. The NPRM seeks comment on
whether the Commission should specify
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a standardized Network Access Code
(NAC) by rule for operation on the 700
MHz interoperability channels. The
NAC is a pre-programmed digital
address in a Project 25 radio which
allows the radio to ‘‘hear’’ only
communications directed to that
address from another radio. If the NAC
is to be set by rule, the NPRM seeks
comment what code would be most
appropriate. Alternatively, the NPRM
seeks comment on whether NACs
should be left to an industry standard,
which would be more flexible then
codifying a single code into the
Commission’s rules.
31. User Access to Interoperability
Channels. The NPRM proposes to clarify
that transmitters designed to operate on
the narrowband channels in the 700
MHz band be capable of being
programmed to operate on all sixty-four
of the 6.25 kilohertz bandwidth
interoperability channels. The NPRM
seeks comment on its proposal.
32. Analog Operation on the
Interoperability Channels. The NPRM
seeks comment on whether to permit
users to operate their mobile and
portable equipment in analog mode on
the interoperability channels. In
particular, the NPRM asks parties
addressing this issue to describe what
benefits may accrue from allowing
analog operation on the interoperability
channels and whether such benefits
outweigh the impairment to
interoperability resulting from allowing
both analog and digital modes of
operation on these channels.
G. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
33. None.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Ordering Clauses
34. Accordingly, it is ordered that,
pursuant to sections 1, 4(i), 303, 316,
332 and 337 of the Communications Act
of 1934, as amended, 47 U.S.C. 151,
154(i), 303, 316, 332 and 337, the NPRM
is hereby adopted.
35. It is further ordered that pursuant
to applicable procedures set forth in
§§ 1.415 and 1.419 of the Commission’s
rules, 47 CFR 1.415, 1.419, interested
parties may file comments on the NPRM
on or before June 18, 2013, and reply
comments on or before July 18, 2013.
36. It is further ordered that the
Commission shall send a copy of the
NPRM in a report to be sent to Congress
and the General Accounting Office
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
VerDate Mar<15>2010
16:59 Apr 18, 2013
Jkt 229001
23533
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–09069 Filed 4–18–13; 8:45 am]
Background
Section 4(b)(3)(A) of the Act (16
U.S.C. 1531 et seq.) requires that we
make a finding on whether a petition to
list, delist, or reclassify a species
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We are to base this finding on
information provided in the petition,
supporting information submitted with
the petition, and information otherwise
available in our files. To the maximum
extent practicable, we are to make this
finding within 90 days of our receipt of
the petition, and publish our notice of
the finding promptly in the Federal
Register.
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial scientific or
commercial information was presented,
we are required to promptly conduct a
species status review, which we
subsequently summarize in our 12month finding.
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2012–0094;
FXES111309F2130–123–FF09E22000]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To Delist the Wood Bison
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to delist the
wood bison (Bison bison athabascae)
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that the petition does
not present substantial information
indicating that delisting the wood bison
subspecies may be warranted.
Therefore, we are not initiating a status
review in response to this petition.
However, we ask the public to submit to
us any new information that becomes
available concerning the status of, or
threats to, the wood bison or its habitat
at any time.
DATES: The finding announced in this
document was made on April 19, 2013.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov at Docket Number
FWS–HQ–ES–2012–0094. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, Alaska Regional
Office, 1011 East Tudor Road,
Anchorage, AK 99503; (907) 786–3856.
Please submit any new information,
materials, comments, or questions
concerning this finding to the above
street address.
FOR FURTHER INFORMATION CONTACT:
Marilyn Myers at U.S. Fish and Wildlife
Service, Fisheries and Ecological
Services, 1011 E. Tudor Road,
Anchorage, AK 99503; or by telephone
at 907–786–3559; or by facsimile at
(907) 786–3848. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
SUMMARY:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
Petition History
On April 3, 2012, we received a
petition, dated April 3, 2012, from the
Western Bison Association, the Rocky
Mountain Buffalo Association, the
Minnesota Buffalo Association, the
Oklahoma Buffalo Association, the
North Dakota Buffalo Association, the
Northwest Buffalo Association, the
Missouri Buffalo Association, the
Kansas Buffalo Association, and W.
Michael Gear and Kathleen O’Neal Gear
requesting that the wood bison be
removed from the Federal List of
Endangered and Threatened Wildlife as
threatened under the Act. The petition
clearly identified itself as such and
included the requisite identification
information for the petitioners, as
required at 50 CFR 424.14(a). In a letter
to the petitioners sent April 24, 2012,
we stated that we anticipated that we
would review the petition and make a
finding within the coming year. This
finding addresses the petition.
Previous Federal Action(s)
The listing history for wood bison is
extensive and was reconstructed in the
proposed rule to reclassify wood bison
from endangered to threatened, which
published February 8, 2011 (76 FR
E:\FR\FM\19APP1.SGM
19APP1
Agencies
[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Proposed Rules]
[Pages 23529-23533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09069]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket Nos. 13-87, 06-229; WT Docket No. 96-86; RM-11433, RM-11577;
FCC 13-40]
Service Rules Governing Public Safety Narrowband Operations in
the 769-775/799-805 MHz Bands
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document seeks comment on proposals to amend the
Commission's rules to promote spectrum efficiency, interoperability,
and flexibility in 700 MHz public safety narrowband operations (769-
775/799-805 MHz). By this action, the Commission affords interested
parties an opportunity to submit comments on these proposed rule
changes.
DATES: Comments are due on or before June 18, 2013 and reply comments
are due on or before July 18, 2013.
ADDRESS: You may submit comments, identified by PS Docket No. 13-87,
by any of the following methods:
Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, (202) 418-0838.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, FCC 13-40, released on April 1, 2013. The
document is available for download at https://fjallfoss.fcc.gov/edocs_public/. The complete text of this document is also available for
inspection and copying during normal business hours in the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. 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).
1. In the Notice of Proposed Rulemaking (NPRM) in PS Docket No. 13-
87, the Commission initiates a new proceeding to seek comment on
proposals to amend the Commission's rules governing 700 MHz public
safety narrowband operations (769-775/799-805 MHz). The Commission
seeks comment on whether to extend or eliminate the December 31, 2016
narrowbanding deadline for 700 MHz public safety narrowband licensees
to transition from 12.5 kilohertz to 6.25 kilohertz channel bandwidth
technology.
2. The Commission also seeks comment on a proposal from the
National Public Safety Telecommunications Council (NPSTC) to authorize
secondary use of certain channels in the 700 MHz band for public safety
aircraft voice operations. Furthermore, the Commission seeks comment on
additional NPSTC proposals to modify the rules governing use of the
designated nationwide interoperability channels, data-only
interoperability channels, reserve channels, and low power channels.
3. Finally, the Commission seeks comment on a number of other
issues, including adjacent channel power (ACP) limits for signal
boosters, harmonizing power limits, certifying Project 25 equipment and
establishing a standardized Network Access Code (NAC) for operation on
700 MHz interoperability channels.
4. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. All filings related to the NPRM should refer to PS
Docket No. 13-87. Comments may be filed using: (1) The Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24,121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs.
Filers should follow the instructions provided on the Web site for
submitting comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for
[[Page 23530]]
each additional docket or rulemaking number.
5. Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington DC 20554.
6. Interested parties may view documents filed in this proceeding
on the Commission's Electronic Comment Filing System (ECFS) using the
following steps: (1) Access ECFS at https://www.fcc.gov/cgb/ecfs. (2) In
the introductory screen, click on ``Search for Filed Comments.'' (3) In
the ``Proceeding'' box, enter the numerals in the docket number. (4)
Click on the box marked ``Retrieve Document List.'' A link to each
document is provided in the document list. The public may inspect and
copy filings and comments during regular business hours at the FCC
Reference Information Center, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. The public may also purchase filings and comments
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 12th Street SW., Room CY-B402, Washington, DC
20554, telephone 1-800-378-3160, or via email to fcc@bcpiweb.com. The
public may also download this NPRM from the Commission's Web site at
https://www.fcc.gov/.
7. People with Disabilities: 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).
8. Commenters who file information that they believe should be
withheld from public inspection may request confidential treatment
pursuant to Sec. 0.459 of the Commission's rules. Commenters should
file both their original comments for which they request
confidentiality and redacted comments, along with their request for
confidential treatment. Commenters should not file proprietary
information electronically. See Examination of Current Policy
Concerning the Treatment of Confidential Information Submitted to the
Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants
confidential treatment, information that does not fall within a
specific exemption pursuant to the Freedom of Information Act (FOIA)
must be publicly disclosed pursuant to an appropriate request. See 47
CFR 0.461; 5 U.S.C. 552. We note that the Commission may grant requests
for confidential treatment either conditionally or unconditionally. As
such, we note that the Commission has the discretion to release
information on public interest grounds that does fall within the scope
of a FOIA exemption.
9. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Procedural Matters
A. Initial Regulatory Flexibility Analysis
10. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA''), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (``IRFA'') of the possible significant
economic impact on a substantial number of small entities that might
result from adoption of the rules proposed in the NPRM. Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the applicable deadlines for
initial comments, or reply comments, as specified in the Further Notice
of Proposed Rulemaking. The Commission will send a copy of the NPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (``SBA'').
B. Need for, and Objectives of, the Proposed Rules
11. In the NPRM, the Commission seeks comment on further proposals
to amend the Commission's rules governing 700 MHz public safety
narrowband spectrum at 769-775 MHz and 799-805 MHz. The rule changes
the Commission seeks comment on are intended to promote flexible and
efficient use of public safety narrowband spectrum in the 700 MHz band
while reducing the regulatory burdens on licensees wherever possible.
In order to achieve these objectives, the Commission seeks comment in
the NPRM on:
extending or eliminating the December 31, 2016
narrowbanding deadline for 700 MHz public safety narrowband licensees;
allowing 700 MHz public safety narrowband licensees to use
the secondary trunking channels for low-altitude, low power air-ground
voice communications;
redesignating two 6.25 kilohertz bandwidth nationwide
calling channels as Nationwide Interoperability Travel Channels;
allowing tactical voice communications on a secondary
basis
[[Page 23531]]
on the two 6.25 kilohertz bandwidth data-only interoperability
channels;
designating the forty-eight 6.25 kilohertz bandwidth
reserve channel pairs for use by temporary deployable mobile trunked
infrastructure that could be transported into an incident area to
assist with emergency response and recovery;
increasing the two-watt power limit for low power channels
to 20 watts effective radiated power (ERP);
requiring all 700 MHz narrowband equipment to be certified
under the TIA Project 25 Compliance Assessment Program (P25 CAP);
exempting Class B signal boosters from the Adjacent
Channel Power (ACP) limits when retransmitting multiple signals;
harmonizing and eliminating redundant or conflicting power
limits for transmitters operating on the 700 MHz public safety
narrowband channels;
specifying by rule a standardized Network Access Code
(NAC) for operation on the 700 MHz interoperability channels;
clarifying that our rules require radios to be capable of
being programmed to operate on all sixty-four of the 6.25 kilohertz
bandwidth interoperability channels in the 700 MHz band;
permitting users to operate their mobile and portable
equipment in analog mode on the interoperability channels.
C. Legal Basis
12. The legal basis for any action that may be taken pursuant to
the NPRM is contained in sections 1, 4(i), 303, 316, 332, and 337 of
the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303,
316, 332, and 337.
D. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
13. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules. 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).
14. Public Safety Radio Licensees. As a general matter, Public
Safety Radio licensees include police, fire, local government, forestry
conservation, highway maintenance, and emergency medical services. For
the purpose of determining whether a Public Safety Radio licensee is a
small business as defined by the SBA, we use the broad census category,
Wireless Telecommunications Carriers (except Satellite). This
definition provides that a small entity is any such entity employing no
more than 1,500 persons. The Commission does not require Public Safety
Radio licensees to disclose information about number of employees, so
the Commission does not have information that could be used to
determine how many Public Safety Radio licensees constitute small
entities under this definition.
15. 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.'' The SBA has developed a small business size
standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: all such firms having
750 or fewer employees. According to Census Bureau data for 2007, there
were a total of 939 establishments in this category that operated for
part or all of the entire year. According to Census bureau data for
2007, there were a total of 919 firms in this category that operated
for the entire year. Of this total, 771 had less than 100 employees and
148 had more than 100 employees. Thus, under that size standard, the
majority of firms can be considered small.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
16. No rule proposed in the NPRM will entail additional reporting,
recordkeeping, and/or third-party consultation. Two proposed rules in
the NPRM, however, would entail additional compliance efforts as
described below.
17. Project 25 Compliance Assessment Program. We propose to require
all vendors of 700 MHz narrowband equipment designed to operate on the
interoperability channels to demonstrate compliance with the Project 25
Compliance Assessment Program (CAP). CAP is a voluntary program that
establishes an independent compliance assessment process to ensure that
communications equipment conforms to Project 25 standards and is
interoperable across vendors. The purpose of this proposal is to
enhance interoperability and provide assurance to licensees that their
equipment is interoperable across vendors regardless of which vendor
they choose.
18. Interoperability Network Access Code. We seek comment on
whether to specify a standardized Network Access Code (NAC) by rule for
operation on the 700 MHz interoperability channels. A NAC is a pre-
programmed digital address used by radio units employing the Project 25
standard to ``hear'' only communications directed to that address from
another radio. We seek comment on whether a standardized NAC is
necessary to ensure all radio users can communicate with each other on
the interoperability channels.
F. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
19. The RFA requires an agency to describe any significant,
specifically small business alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) and exemption
from coverage of the rule, or any part thereof, for small entities.''
20. The NPRM seeks comment on a number of proposed changes to the
rules covering operation of public safety systems on narrowband
spectrum in the 700 MHz band. The NPRM seeks comment on whether the
proposed rule changes will promote efficient use of public safety
narrowband spectrum in the band while reducing economic burdens on
licensees. In order to strike the proper balance between these two
objectives, the NPRM seeks comment on a wide range of alternatives to
the proposals put forth.
[[Page 23532]]
21. Deadline for Narrowbanding Transition to 6.25 Kilohertz
Technology. The NPRM seeks comment on petitions filed separately by the
700 MHz Region 24 Planning Committee, the State of Louisiana, and the
Regional Wireless Cooperative seeking to delay the December 31, 2016
deadline for transition to 6.25 kilohertz-capable equipment. Public
safety licensees operating on narrowband spectrum in the 700 MHz band
have until December 31, 2016 to complete a mandatory migration from a
12.5 kilohertz voice efficiency standard to a 6.25 kilohertz voice
efficiency standard. These parties seek an extension of the deadline in
order to ensure that equipment purchased by public safety licensees for
operation in the band need not be replaced before its intended life
cycle is met. The NPRM seeks comment on extending the December 31, 2016
deadline and factors to be considered if a new deadline is selected.
Alternatively, the NPRM seeks comment on whether the long-term future
of the 700 MHz narrowband spectrum would be best served by suspending
or eliminating the mandatory migration to a 6.25 kilohertz voice
efficiency standard.
22. Air-Ground Communications on Secondary Trunking Channels. The
NPRM seeks comment on a proposal by the National Public Safety
Telecommunications Council (NPSTC) to allow 700 MHz public safety
narrowband licensees to use the secondary trunking channels for low-
altitude, low power air-ground voice communications. NPSTC asserts that
designating these channels for airborne use would allow licensees to
incorporate air-ground communications into their operations while
creating little risk of interference to ground-based operations. The
NPRM seeks comment on whether to dedicate channels in the 700 MHz band
for air-ground use, if the secondary trunking channels are the most
appropriate channels for this purpose and if protection criteria is
needed to ensure that airborne operations create no interfere to
terrestrial users which could potentially increase costs and cause
disruption to users in the band.
23. Nationwide Interoperability Travel Channel. The NPRM seeks
comment on a NPSTC proposal to redesignate two nationwide calling
interoperability channels as Nationwide Interoperability Travel
Channels. NPSTC contends the travel channels would facilitate
coordination of vehicle convoys transporting resources, assets, and
personnel to major incidents, allowing first responders and equipment
to be deployed to an area directly instead of having to first travel to
a staging area. The NPRM seeks comment on NPSTC's proposal and whether
the potential benefits of such a designation outweigh the potential
adverse impact of reducing the overall channel capacity devoted to
nationwide calling interoperability.
24. Tactical Voice Communications on Data Interoperability
Channels. The NPRM seeks comment on a NPSTC proposal to allow tactical
voice communications on a secondary basis on data-only interoperability
channels. NPSTC argues such action would help meet the expanding demand
for communications supporting tactical operations. The NPRM seeks
comment on NPSTC's proposal and whether such a designation would have
any adverse impact on primary data-only interoperability. In this
regard, the NPRM seeks comment on whether this proposal would have any
impact on the existing base of mobile, portable, and base stations
currently in use by public safety entities, such as requiring
reprogramming or retrofits.
25. Temporary Deployable Mobile Trunked Infrastructure. The NPRM
seeks comment on a NPSTC proposal to designate all 48 reserve channel
pairs for use by temporary deployable mobile trunked infrastructure
that could be transported into an incident area to assist with
emergency response and recovery. According to NPSTC, designating
channels for deployable trunked use would allow 700 MHz licensees to
pre-program these channels into their subscriber radios, negating the
need during a disaster to reprogram radios in the field or distribute
cached radios. The NPRM seeks comment on whether designating some or
all of the narrowband reserve channels for deployable mobile trunked
infrastructure would be a practical and efficient utilization of these
channels. Alternatively, the NPRM seeks comment on whether the same
benefits could be achieved by simply requiring deployable equipment to
operate on the narrowband channels already designated for general and/
or state use in the affected area.
26. Power Limit for Low Power Channels. The NPRM seeks comment on a
NPSTC proposal to increase the power limit on the low power channels
from two watts to 20 watts effective radiated power (ERP). NPSTC argues
that such an increase would allow for more effective on-scene
communications in critical life-safety situations, particularly for
fire department radios operating in high ambient noise environments.
The NPRM seeks comment on whether NPSTC's proposal to increase the
power limit to 20 watts ERP would overcome the problem of communicating
in high ambient noise environments but also seeks comment on
alternative solutions such as using vehicular repeater system (VRS)
units to overcome the problem of communicating in noisy environments.
27. Project 25 Compliance Assessment Program. The NPRM seeks
comment on requiring all 700 MHz narrowband equipment to be certified
under the Project 25 Compliance Assessment Program (P25 CAP). The
Commission states in the NPRM that it believes requiring all 700 MHz
narrowband equipment to be P25 CAP-certified would enhance
interoperability in the band and would provide assurance to licensees
that their equipment will be interoperable across vendors regardless of
which vendor they choose. Nonetheless, the NPRM seeks comment on what
costs, if any, P25 CAP certification would impose on vendors.
28. ACP Requirements for Class B Signal Boosters. The NPRM seeks
comment on a proposal by Dekolink to exempt Class B signal boosters
from the Adjacent Channel Power (ACP) requirements when multiple
signals are retransmitted. Dekolink suggests that Class B signal
boosters currently authorized to operate in the 700 MHz public safety
narrowband spectrum typically produce intermodulation products in
excess of ACP limits when simultaneously retransmitting two or more
signals. The NPRM seeks comment whether exempting this class of devices
from the ACP requirements when multiple signals are retransmitted would
unreasonably elevate the potential for harmful interference to adjacent
channel users. The NPRM also seeks comment on any technical limitations
that prevent these devices from being designed and manufactured to meet
the current ACP limits and whether compliance can be achieved through
filters and/or other technical remedies.
29. Narrowband Power Limits. The NPRM seeks comment on harmonizing
and consolidating power limits in Sec. Sec. 90.541 and 90.545(b) of
the Commission's rules. In this regard, the NPRM tentatively concludes
to base power limits on effective radiated power (ERP) rather than
transmitter power output (TPO) but seeks comment on whether a change in
policy from TPO to ERP would render certain incumbent users or
previously certified equipment non-compliant. The NPRM also seeks
comment on antenna height limits.
30. Interoperability Network Access Code. The NPRM seeks comment on
whether the Commission should specify
[[Page 23533]]
a standardized Network Access Code (NAC) by rule for operation on the
700 MHz interoperability channels. The NAC is a pre-programmed digital
address in a Project 25 radio which allows the radio to ``hear'' only
communications directed to that address from another radio. If the NAC
is to be set by rule, the NPRM seeks comment what code would be most
appropriate. Alternatively, the NPRM seeks comment on whether NACs
should be left to an industry standard, which would be more flexible
then codifying a single code into the Commission's rules.
31. User Access to Interoperability Channels. The NPRM proposes to
clarify that transmitters designed to operate on the narrowband
channels in the 700 MHz band be capable of being programmed to operate
on all sixty-four of the 6.25 kilohertz bandwidth interoperability
channels. The NPRM seeks comment on its proposal.
32. Analog Operation on the Interoperability Channels. The NPRM
seeks comment on whether to permit users to operate their mobile and
portable equipment in analog mode on the interoperability channels. In
particular, the NPRM asks parties addressing this issue to describe
what benefits may accrue from allowing analog operation on the
interoperability channels and whether such benefits outweigh the
impairment to interoperability resulting from allowing both analog and
digital modes of operation on these channels.
G. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
33. None.
Ordering Clauses
34. Accordingly, it is ordered that, pursuant to sections 1, 4(i),
303, 316, 332 and 337 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i), 303, 316, 332 and 337, the NPRM is hereby adopted.
35. It is further ordered that pursuant to applicable procedures
set forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments on the NPRM on
or before June 18, 2013, and reply comments on or before July 18, 2013.
36. It is further ordered that the Commission shall send a copy of
the NPRM in a report to be sent to Congress and the General Accounting
Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-09069 Filed 4-18-13; 8:45 am]
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