Improving Public Safety Communications in the 800 MHz Band; New 800 MHz Band Plan for U.S.-Mexico Sharing Zone, 23855-23857 [2013-09416]
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Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations
federally recognized Native American
Tribes and Alaska Native Villages
(‘‘Tribal Nations’’) and entities owned or
controlled by Native Nations
(collectively, ‘‘Tribal Nation
Applicants’’) to hold LPFM licenses.
The FCC also revised its definition of
local to specify that Tribal Nation
Applicants are considered local
throughout their Tribal lands. We have
revised FCC Form 318 to reflect these
changes.
In the Order, the FCC also modified
its ownership rules. First, the FCC
revised its cross-ownership rule to
permit cross-ownership of an LPFM
station and up to two FM translator
stations. Second, the FCC modified its
cross-ownership rule to permit Tribal
Nation Applicants to seek up to two
LPFM construction permits to ensure
adequate coverage of tribal lands. We
have revised FCC Form 318 to reflect
these changes.
The FCC further modified the point
system used to select among mutually
exclusive LPFM applicants and set forth
in § 73.872 of the rules. First, the FCC
revised the ‘‘established community
presence’’ criterion to extend the
‘‘established community presence’’
standard in rural areas. Under the
earlier version of the rule, an LPFM
applicant was deemed to have an
established community presence if it
was physically headquartered or had a
campus within ten miles of the
proposed LPFM transmitter site, or if 75
percent of its board members resided
within ten miles of the proposed LPFM
transmitter site. The FCC changed the
standard from ten to twenty miles for all
LPFM applicants proposing facilities
located outside the top fifty urban
markets, for both the distance from
transmitter and residence of board
member standards. Second, the FCC
modified the point system to award a
point to Tribal Nation Applicants, when
they propose to provide LPFM service to
Tribal Nation communities. Third, the
FCC established additional points
criteria related to maintenance and
staffing of a main studio, commitments
to locally originate programming and
maintain and staff a main studio, and
new entry into the broadcasting field.
We have revised the Form 318 to reflect
these changes to the point system.
The FCC made a number of changes
related to time-sharing. It adopted a
requirement that parties submit
voluntary time-sharing agreements via
the Consolidated Database System. It
also revised the Commission’s
involuntary time-sharing policy. As a
result of these changes, an LPFM
applicant must submit the date on
which it qualified as having an
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14:43 Apr 22, 2013
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‘‘established community presence.’’ The
FCC also may require certain LPFM
applicants to indicate which 8-hour and
12-hour time slots they prefer. Finally,
the FCC adopted a mandatory timesharing policy similar to that applicable
to full-service noncommercial
educational FM stations. We have
revised the Form 318 to reflect these
changes.
Finally, the FCC modified the manner
in which it processes requests for
waiver of the second-adjacent channel
minimum distance separation
requirement, amended the rule related
to third-adjacent channel interference,
and amended the rule that sets forth the
obligations of LPFM stations with
respect to interference to the input
signals of FM translator or FM booster
stations. We have revised the Form 318
to reflect these proposed changes.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2013–09545 Filed 4–22–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; DA 13–586]
Improving Public Safety
Communications in the 800 MHz Band;
New 800 MHz Band Plan for U.S.Mexico Sharing Zone
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document establishes a
reconfigured 800 MHz band plan for the
National Public Safety Planning
Advisory Committee Regions bordering
Mexico. This action is necessary to meet
the Commission’s goals to improve
public safety communications in the
800 MHz band. This order ensures an
orderly and efficient transition to the
new 800 MHz band plan along the
Mexico border.
DATES: Effective June 24, 2013.
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 Fifth Report and Order,
DA 13–586, released on April 1, 2013.
The complete text of the Fifth Report
and Order is available for inspection
and copying during normal business
hours in the FCC Reference Information
SUMMARY:
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23855
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).
It is also available on the Commission’s
Web site at https://www.fcc.gov.
1. In a July 2004 Report and Order,
the Commission reconfigured the 800
MHz band to eliminate interference to
public safety and other land mobile
communication systems operating in the
band, 69 FR 67823, November 22, 2004.
The Commission, however, deferred
consideration of band reconfiguration
plans for the border areas, noting that
‘‘implementing the band plan in areas of
the United States bordering Mexico and
Canada will require modifications to
international agreements for use of the
800 MHz band in the border areas.’’ The
Commission stated that ‘‘the details of
the border plans will be determined in
our ongoing discussions with the
Mexican and Canadian governments.’’
2. In a Second Memorandum Opinion
and Order, adopted in May 2007, the
Commission delegated authority to the
Public Safety and Homeland Security
Bureau (Bureau) to propose and adopt
border area band plans once agreements
are reached with Canada and Mexico, 72
FR 39756, July 20, 2007.
3. On June 8, 2012, the United States
and Mexico signed an agreement
modifying the international allocation of
800 MHz spectrum along the U.S.Mexico border enabling the U.S. to
proceed with 800 MHz band
reconfiguration in regions bordering
Mexico.
4. Consequently, on August 17, 2012,
the Bureau released a Fourth Further
Notice of Proposed Rulemaking seeking
comment on establishing and
implementing a reconfigured 800 MHz
channel plan for the National Public
Safety Planning Advisory Committee
(NPCPAC) Regions bordering Mexico,
77 FR 52633, August 30, 2012. The
Bureau received seven comments and
four reply comments.
5. Based on the record, on April 1,
2013, the Bureau released a Fifth Report
and Order establishing a reconfigured
channel plan for each NPSPAC region
bordering Mexico. As with channel
plans previously adopted for non-border
regions and the Canada border region,
the Bureau’s goal is to reconfigure
licensees within the band in a manner
which separates—to the greatest extent
possible—public safety and other noncellular licensees from licensees in the
band that employ cellular technology.
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6. In the Fifth Report and Order, the
Bureau also established a 30-month
transition period for licensees along the
border with Mexico to complete the
rebanding process. The Bureau will,
however, evaluate the progress of
rebanding as of the 18th month of the
transition period to determine whether
additional time is needed based upon
circumstances beyond licensees’
control.
Procedural Matters
A. Final Regulatory Flexibility Analysis
7. The Final Regulatory Flexibility
Analysis required by section 604 of the
Regulatory Flexibility Act, 5 U.S.C. 604,
is included in the Fifth Report and
Order.
B. Paperwork Reduction Act of 1995
Analysis
8. The Fifth Report and Order
contains no new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13.
Therefore it contains no new or
modified ‘‘information burden for small
business concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198.
tkelley on DSK3SPTVN1PROD with RULES
Final Regulatory Flexibility Analysis
9. As required by the Regulatory
Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated into the Fourth
Further Notice of Proposed Rule Making
(Fourth FNPRM) of this proceeding. The
Bureau sought written public comment
on the IRFA. The RFA requires that an
agency prepare a regulatory flexibility
analysis for notice-and-comment
rulemaking proceedings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The RFA
generally defines ‘‘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). The present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
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A. Need for, and Objectives of, the
Proposed Rules
10. In the Fifth Report and Order, the
Bureau adopts a channel plan for
reconfiguring the 800 MHz band along
the U.S.-Mexico border. The channel
plan the Bureau adopts in the Fifth
Report and Order will be incorporated
into the Commission’s rules and is
needed to implement and complete the
Commission’s band reconfiguration
program along the U.S.-Mexico border.
The Commission ordered
reconfiguration of the 800 MHz band to
address an ongoing nationwide problem
of interference created by a
fundamentally incompatible mix of
technologies in the band. The
Commission determined to resolve the
interference by reconfiguring the band
to spectrally separate incompatible
technologies. The Commission
delegated authority to the Bureau in
May 2007 to propose and adopt a
channel plan for implementing band
reconfiguration along the U.S.-Mexico
border. The band plan the Bureau
adopts in the Fifth Report and Order
will separate incompatible technologies
along the U.S.-Mexico border and thus
resolve the ongoing interference
problem in that region.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
11. There were no comments filed
that specifically addressed the rules and
policies proposed in the IRFA.
C. Description and Estimate of the
Number of Small Entities To Which the
Rules Will Apply
12. The RFA directs agencies to
provide a description of and an estimate
of the number of small entities to which
the rules will apply. 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 SBA. Below, we
provide an estimate of the number of
small entities to which the rules the
adopted in this Fifth Report and Order
will apply.
13. Private Land Mobile Radio
Licensees (PLMR). PLMR systems serve
an essential role in a range of industrial,
business, land transportation, and
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public safety activities. These radios are
used by entities of all sizes operating in
all U.S. business and public sector
categories, and are often used in support
of the licensee’s primary (nontelecommunications) operations. For the
purpose of determining whether a
licensee of a PLMR system is a small
entity 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 PLMR
licensees to disclose information about
number of employees, so the
Commission does not have information
that could be used to determine how
many PLMR licensees constitute small
entities under this definition. We note
that PLMR licensees generally use the
licensed facilities in support of other
business and governmental activities,
and therefore, it would also be helpful
to assess PLMR licensees under the
standards applied to the particular
industry subsector to which the licensee
belongs.
14. As of March 2013, there were
approximately 250 PLMR licensees
operating in the PLMR band between
806–824/851–869 MHz along the U.S.Mexico border.
D. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
15. The Fifth Report and Order does
not adopt a rule that will entail
additional reporting, recordkeeping,
and/or third-party consultation or other
compliance efforts beyond those already
approved for this proceeding. See OMB
Control No. 3060–1080 for Improving
Public Safety Communications in the
800 MHz Band (exp. September 30,
2014).
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
16. 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 the agency’s
reasoning for not adopting significant
alternatives to the rules adopted.
17. The Fifth Report and Order creates
no significant economic impact on small
entities because Sprint Nextel
Corporation will pay all reasonable
costs associated with retuning
incumbent licensees to the postreconfiguration channel plan adopted
by the Bureau. Further, once the
channel plan adopted in the Fifth
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Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations
Report and Order is implemented,
PLMR licensees will no longer be
subject to on-going interference in the
band and will therefore save costs that
would otherwise be associated with
resolving interference.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
18. None.
Ordering Clauses
19. Accordingly, it is ordered,
pursuant to sections 4(i), 303(b), 316,
and 332 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i),
303(b), 316, 332, that the Fifth Report
and Order is adopted.
20. It is further ordered that the
amendments of the Commission’s rules
set forth in the Fifth Report and Order
are adopted, effective sixty days from
the date of publication in the Federal
Register.
21. It is further ordered that the Final
Regulatory Flexibility required by
section 604 of the Regulatory Flexibility
Act, 5 U.S.C. 604, and as set forth in the
Fifth Report and Order is adopted.
22. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Fifth Report and Order, including
the Final Regulatory Flexibility
Analysis, to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
David S. Turetsky,
Chief, Public Safety and Homeland Security
Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission’s Public Safety and
Homeland Security Bureau amends 47
CFR part 90 as follows:
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
tkelley on DSK3SPTVN1PROD with RULES
■
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), and 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.
2. Section 90.619 is amended by
revising paragraph (a) to read as follows:
■
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§ 90.619 Operations within the U.S./Mexico
and U.S./Canada border areas.
(a) Use of frequencies in 800 MHz
band in Mexico border region. All
operations in the 806–824/851–869
MHz band within 110 km (68.35 miles)
of the U.S./Mexico border (‘‘Sharing
Zone’’) shall be in accordance with
international agreements between the
U.S. and Mexico.
(1) The U.S. and Mexico divide
primary access to channels in the
Sharing Zone as indicated in Table A1
below.
TABLE A1—U.S. AND MEXICO
PRIMARY CHANNELS IN SHARING ZONE
Channels
U.S.
Mexico.
U.S.-Mexico Co-Primary.
border only if all potentially affected
counterpart operators of 800 MHz high
density cellular systems, as defined in
§ 90.7, agree.
(5) Channels in the Sharing Zone are
available for licensing as indicated in
Table A3 below.
TABLE A3—ELIGIBILITY REQUIREMENTS
FOR CHANNELS IN SHARING ZONE
Channels
Eligibility requirements
1–230 .......
Report and Order of Gen.
Docket No. 87–112.
Public Safety Pool.
General Category.
Special Mobilized Radio for 800
MHz High Density Cellular.
231–315 ...
316–550 ...
551–830 ...
Primary access
1–360 ...................
361–610 ...............
611–830 ...............
(2) Stations authorized on U.S.
primary channels in the Sharing Zone
are subject to the effective radiated
power (ERP) and antenna height limits
listed below in Table A2.
TABLE A2—LIMITS ON EFFECTIVE RADIATED POWER (ERP) AND ANTENNA
HEIGHT
Average of the antenna
height above average
terrain on standard
radials in the direction
of the common border
(meters) 1
Maximum ERP in
any direction toward the common
border per 25 kHz
(watts)
0 to 503 ........................
Above 503 to 609 .........
Above 609 to 762 .........
Above 762 to 914 .........
Above 914 to 1066 .......
Above 1066 to 1219 .....
Above 1219 to 1371 .....
Above 1371 to 1523 .....
Above 1523 ..................
500
350
200
140
100
75
70
65
5
1 Standard radials are 0°, 45°, 90°, 135°,
180°, 225°, 270° and 315° to True North. The
height above average terrain on any standard
radial is based upon the average terrain elevation above mean sea level.
(3) Stations may be authorized on
channels primary to Mexico in the
Sharing Zone provided the maximum
power flux density (PFD) at any point at
or beyond the border does not exceed
¥107 db(W/m2) per 25 kHz of
bandwidth. Licensees may exceed this
value only if all potentially affected
counterpart operators in the other
country agree to a higher PFD level.
(4) Stations authorized on U.S.Mexico co-primary channels in the
Sharing Zone are permitted to exceed a
maximum power flux density (PFD) of
¥107 db(W/m2) per 25 kHz of
bandwidth at any point at or beyond the
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23857
(i) Channels 1–230 are available to
applicants eligible in the Public Safety
Category. The assignment of these
channels will be done in accordance
with the policies defined in the Report
and Order of Gen. Docket No. 87–112
(See § 90.16). The following channels
are available only for mutual aid
purposes as defined in Gen. Docket No.
87–112: channels 1, 39, 77, 115, 153.
800 MHz high density cellular systems
as defined in § 90.7 are prohibited on
these channels.
(ii) Channels 231–315 are available to
applicants eligible in the Public Safety
Category which consists of licensees
eligible in the Public Safety Pool of
subpart B of this part. 800 MHz high
density cellular systems as defined in
§ 90.7 are prohibited on these channels.
(iii) Channels 316–550 are available in
the General Category. All entities are
eligible for licensing on these channels.
800 MHz high density cellular systems
as defined in § 90.7 are prohibited on
these channels.
(iv) Channels 551–830 are available to
applicants eligible in the SMR
category—which consists of Specialized
Mobile Radio (SMR) stations and
eligible end users. ESMR licensees who
employ 800 MHz high density cellular
systems, as defined in § 90.7, are
permitted to operate on these channels.
(6) Stations located outside the
Sharing Zone (i.e. greater than 110 km
from the border) are subject to the
channel eligibility requirements and
provisions listed in §§ 90.615 and
90.617 except that stations in the
following counties are exempt from the
requirements of paragraph (k) of
§ 90.617:
California: San Luis Obispo, Kern,
San Bernardino, Santa Barbara, Ventura,
Los Angeles, Orange and Riverside.
*
*
*
*
*
[FR Doc. 2013–09416 Filed 4–22–13; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23855-23857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09416]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; DA 13-586]
Improving Public Safety Communications in the 800 MHz Band; New
800 MHz Band Plan for U.S.-Mexico Sharing Zone
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes a reconfigured 800 MHz band plan for
the National Public Safety Planning Advisory Committee Regions
bordering Mexico. This action is necessary to meet the Commission's
goals to improve public safety communications in the 800 MHz band. This
order ensures an orderly and efficient transition to the new 800 MHz
band plan along the Mexico border.
DATES: Effective June 24, 2013.
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 Fifth Report and
Order, DA 13-586, released on April 1, 2013. The complete text of the
Fifth Report and Order is 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). It is also available on the
Commission's Web site at https://www.fcc.gov.
1. In a July 2004 Report and Order, the Commission reconfigured the
800 MHz band to eliminate interference to public safety and other land
mobile communication systems operating in the band, 69 FR 67823,
November 22, 2004. The Commission, however, deferred consideration of
band reconfiguration plans for the border areas, noting that
``implementing the band plan in areas of the United States bordering
Mexico and Canada will require modifications to international
agreements for use of the 800 MHz band in the border areas.'' The
Commission stated that ``the details of the border plans will be
determined in our ongoing discussions with the Mexican and Canadian
governments.''
2. In a Second Memorandum Opinion and Order, adopted in May 2007,
the Commission delegated authority to the Public Safety and Homeland
Security Bureau (Bureau) to propose and adopt border area band plans
once agreements are reached with Canada and Mexico, 72 FR 39756, July
20, 2007.
3. On June 8, 2012, the United States and Mexico signed an
agreement modifying the international allocation of 800 MHz spectrum
along the U.S.-Mexico border enabling the U.S. to proceed with 800 MHz
band reconfiguration in regions bordering Mexico.
4. Consequently, on August 17, 2012, the Bureau released a Fourth
Further Notice of Proposed Rulemaking seeking comment on establishing
and implementing a reconfigured 800 MHz channel plan for the National
Public Safety Planning Advisory Committee (NPCPAC) Regions bordering
Mexico, 77 FR 52633, August 30, 2012. The Bureau received seven
comments and four reply comments.
5. Based on the record, on April 1, 2013, the Bureau released a
Fifth Report and Order establishing a reconfigured channel plan for
each NPSPAC region bordering Mexico. As with channel plans previously
adopted for non-border regions and the Canada border region, the
Bureau's goal is to reconfigure licensees within the band in a manner
which separates--to the greatest extent possible--public safety and
other non-cellular licensees from licensees in the band that employ
cellular technology.
[[Page 23856]]
6. In the Fifth Report and Order, the Bureau also established a 30-
month transition period for licensees along the border with Mexico to
complete the rebanding process. The Bureau will, however, evaluate the
progress of rebanding as of the 18th month of the transition period to
determine whether additional time is needed based upon circumstances
beyond licensees' control.
Procedural Matters
A. Final Regulatory Flexibility Analysis
7. The Final Regulatory Flexibility Analysis required by section
604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in the
Fifth Report and Order.
B. Paperwork Reduction Act of 1995 Analysis
8. The Fifth Report and Order contains no new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. Therefore it contains no new or
modified ``information burden for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198.
Final Regulatory Flexibility Analysis
9. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the Fourth
Further Notice of Proposed Rule Making (Fourth FNPRM) of this
proceeding. The Bureau sought written public comment on the IRFA. The
RFA requires that an agency prepare a regulatory flexibility analysis
for notice-and-comment rulemaking proceedings, unless the agency
certifies that ``the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' The RFA
generally defines ``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). The present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Proposed Rules
10. In the Fifth Report and Order, the Bureau adopts a channel plan
for reconfiguring the 800 MHz band along the U.S.-Mexico border. The
channel plan the Bureau adopts in the Fifth Report and Order will be
incorporated into the Commission's rules and is needed to implement and
complete the Commission's band reconfiguration program along the U.S.-
Mexico border. The Commission ordered reconfiguration of the 800 MHz
band to address an ongoing nationwide problem of interference created
by a fundamentally incompatible mix of technologies in the band. The
Commission determined to resolve the interference by reconfiguring the
band to spectrally separate incompatible technologies. The Commission
delegated authority to the Bureau in May 2007 to propose and adopt a
channel plan for implementing band reconfiguration along the U.S.-
Mexico border. The band plan the Bureau adopts in the Fifth Report and
Order will separate incompatible technologies along the U.S.-Mexico
border and thus resolve the ongoing interference problem in that
region.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
11. There were no comments filed that specifically addressed the
rules and policies proposed in the IRFA.
C. Description and Estimate of the Number of Small Entities To Which
the Rules Will Apply
12. The RFA directs agencies to provide a description of and an
estimate of the number of small entities to which the rules will apply.
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 SBA. Below, we provide an estimate of the number of
small entities to which the rules the adopted in this Fifth Report and
Order will apply.
13. Private Land Mobile Radio Licensees (PLMR). PLMR systems serve
an essential role in a range of industrial, business, land
transportation, and public safety activities. These radios are used by
entities of all sizes operating in all U.S. business and public sector
categories, and are often used in support of the licensee's primary
(non-telecommunications) operations. For the purpose of determining
whether a licensee of a PLMR system is a small entity 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 PLMR licensees to disclose information
about number of employees, so the Commission does not have information
that could be used to determine how many PLMR licensees constitute
small entities under this definition. We note that PLMR licensees
generally use the licensed facilities in support of other business and
governmental activities, and therefore, it would also be helpful to
assess PLMR licensees under the standards applied to the particular
industry subsector to which the licensee belongs.
14. As of March 2013, there were approximately 250 PLMR licensees
operating in the PLMR band between 806-824/851-869 MHz along the U.S.-
Mexico border.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
15. The Fifth Report and Order does not adopt a rule that will
entail additional reporting, recordkeeping, and/or third-party
consultation or other compliance efforts beyond those already approved
for this proceeding. See OMB Control No. 3060-1080 for Improving Public
Safety Communications in the 800 MHz Band (exp. September 30, 2014).
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
16. 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
the agency's reasoning for not adopting significant alternatives to the
rules adopted.
17. The Fifth Report and Order creates no significant economic
impact on small entities because Sprint Nextel Corporation will pay all
reasonable costs associated with retuning incumbent licensees to the
post-reconfiguration channel plan adopted by the Bureau. Further, once
the channel plan adopted in the Fifth
[[Page 23857]]
Report and Order is implemented, PLMR licensees will no longer be
subject to on-going interference in the band and will therefore save
costs that would otherwise be associated with resolving interference.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
18. None.
Ordering Clauses
19. Accordingly, it is ordered, pursuant to sections 4(i), 303(b),
316, and 332 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(b), 316, 332, that the Fifth Report and Order is adopted.
20. It is further ordered that the amendments of the Commission's
rules set forth in the Fifth Report and Order are adopted, effective
sixty days from the date of publication in the Federal Register.
21. It is further ordered that the Final Regulatory Flexibility
required by section 604 of the Regulatory Flexibility Act, 5 U.S.C.
604, and as set forth in the Fifth Report and Order is adopted.
22. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Fifth Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
David S. Turetsky,
Chief, Public Safety and Homeland Security Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission's Public Safety and Homeland Security Bureau
amends 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 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
2. Section 90.619 is amended by revising paragraph (a) to read as
follows:
Sec. 90.619 Operations within the U.S./Mexico and U.S./Canada border
areas.
(a) Use of frequencies in 800 MHz band in Mexico border region. All
operations in the 806-824/851-869 MHz band within 110 km (68.35 miles)
of the U.S./Mexico border (``Sharing Zone'') shall be in accordance
with international agreements between the U.S. and Mexico.
(1) The U.S. and Mexico divide primary access to channels in the
Sharing Zone as indicated in Table A1 below.
Table A1--U.S. and Mexico Primary Channels in Sharing Zone
------------------------------------------------------------------------
Channels Primary access
------------------------------------------------------------------------
1-360............................. U.S.
361-610........................... Mexico.
611-830........................... U.S.-Mexico Co-Primary.
------------------------------------------------------------------------
(2) Stations authorized on U.S. primary channels in the Sharing
Zone are subject to the effective radiated power (ERP) and antenna
height limits listed below in Table A2.
Table A2--Limits on Effective Radiated Power (ERP) and Antenna Height
------------------------------------------------------------------------
Maximum ERP in any
Average of the antenna height above average terrain direction toward
on standard radials in the direction of the common the common border
border (meters) \1\ per 25 kHz (watts)
------------------------------------------------------------------------
0 to 503............................................ 500
Above 503 to 609.................................... 350
Above 609 to 762.................................... 200
Above 762 to 914.................................... 140
Above 914 to 1066................................... 100
Above 1066 to 1219.................................. 75
Above 1219 to 1371.................................. 70
Above 1371 to 1523.................................. 65
Above 1523.......................................... 5
------------------------------------------------------------------------
\1\ Standard radials are 0[deg], 45[deg], 90[deg], 135[deg], 180[deg],
225[deg], 270[deg] and 315[deg] to True North. The height above
average terrain on any standard radial is based upon the average
terrain elevation above mean sea level.
(3) Stations may be authorized on channels primary to Mexico in the
Sharing Zone provided the maximum power flux density (PFD) at any point
at or beyond the border does not exceed -107 db(W/m\2\) per 25 kHz of
bandwidth. Licensees may exceed this value only if all potentially
affected counterpart operators in the other country agree to a higher
PFD level.
(4) Stations authorized on U.S.-Mexico co-primary channels in the
Sharing Zone are permitted to exceed a maximum power flux density (PFD)
of -107 db(W/m\2\) per 25 kHz of bandwidth at any point at or beyond
the border only if all potentially affected counterpart operators of
800 MHz high density cellular systems, as defined in Sec. 90.7, agree.
(5) Channels in the Sharing Zone are available for licensing as
indicated in Table A3 below.
Table A3--Eligibility Requirements for Channels in Sharing Zone
------------------------------------------------------------------------
Channels Eligibility requirements
------------------------------------------------------------------------
1-230............................. Report and Order of Gen.
Docket No. 87-112.
231-315........................... Public Safety Pool.
316-550........................... General Category.
551-830........................... Special Mobilized Radio for 800 MHz
High Density Cellular.
------------------------------------------------------------------------
(i) Channels 1-230 are available to applicants eligible in the
Public Safety Category. The assignment of these channels will be done
in accordance with the policies defined in the Report and Order of Gen.
Docket No. 87-112 (See Sec. 90.16). The following channels are
available only for mutual aid purposes as defined in Gen. Docket No.
87-112: channels 1, 39, 77, 115, 153. 800 MHz high density cellular
systems as defined in Sec. 90.7 are prohibited on these channels.
(ii) Channels 231-315 are available to applicants eligible in the
Public Safety Category which consists of licensees eligible in the
Public Safety Pool of subpart B of this part. 800 MHz high density
cellular systems as defined in Sec. 90.7 are prohibited on these
channels.
(iii) Channels 316-550 are available in the General Category. All
entities are eligible for licensing on these channels. 800 MHz high
density cellular systems as defined in Sec. 90.7 are prohibited on
these channels.
(iv) Channels 551-830 are available to applicants eligible in the
SMR category--which consists of Specialized Mobile Radio (SMR) stations
and eligible end users. ESMR licensees who employ 800 MHz high density
cellular systems, as defined in Sec. 90.7, are permitted to operate on
these channels.
(6) Stations located outside the Sharing Zone (i.e. greater than
110 km from the border) are subject to the channel eligibility
requirements and provisions listed in Sec. Sec. 90.615 and 90.617
except that stations in the following counties are exempt from the
requirements of paragraph (k) of Sec. 90.617:
California: San Luis Obispo, Kern, San Bernardino, Santa Barbara,
Ventura, Los Angeles, Orange and Riverside.
* * * * *
[FR Doc. 2013-09416 Filed 4-22-13; 8:45 am]
BILLING CODE 6712-01-P