Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, 24138-24147 [2013-08811]
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
Beazer is fulfilling the conditions of the
RCRA CO, and is currently in
compliance with the RCRA CO, and the
Post-Closure Care Hazardous Waste
Permit.
As also described previously, the
1988 RCRA CO will remain in effect
until such time when SCDHEC
determines that the terms of this order
have been satisfied. All known
contaminated media (groundwater and
soils), on and off-site, are being
addressed through SCDHEC, and EPA’s
exercise of its corrective action
authorities pursuant to RCRA.
3. Response under RCRA is
progressing adequately.
Corrective action is progressing
satisfactorily under the RCRA CO, as
described above. Pursuant to the RCRA
CO, Beazer has completed the RFI,
HERA, CMS, and is implementing the
selected remedy at the Facility. To
prevent off-site migration of
groundwater contamination, and treat
contaminated groundwater, Beazer
(previously known as KCI) constructed
a groundwater containment and
recovery system at the Facility in
August 1983. Operation and monitoring
activities for the groundwater
containment and recovery system are
ongoing. The construction activities
required to address the soil
contamination concluded in November
2012. Approximately 7000 cubic yards
of soil have been excavated from the
Inactive Non-Process Area, and the
Channel below Outfall 001. This soil
was placed in the on-site CAMU.
Imported fill material was used to
restore the excavated areas to original
contours. In addition, completion of the
construction activities included
excavation of two areas within Two
Mile Creek. There has been no history
of protracted negotiations due to lack of
cooperation.
4. Deletion would not disrupt an
ongoing CERCLA action.
The RCRA Program is implementing
the evaluation and remedy selection
activities normally covered during the
Remedial Investigation/Feasibility
Study process under CERCLA, under
the RCRA CO. In a deferral
memorandum dated October 26, 1987,
EPA issued a decision to transfer the
Facility from Dual CERCLA/RCRA
Coordination to ‘Exclusive RCRA Lead
and Responsibility’. There are no
ongoing CERCLA actions. In addition,
EPA and SCDHEC have agreed that
response activities at the Facility will
continue to proceed through RCRA.
The EPA has received concurrence
from SCDHEC. The EPA concludes that
this Site meets the criteria under the
NPL deletion policy, and announces its
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intention to delete the Site from the
NPL. The EPA believes it is appropriate
to delete sites from the NPL based upon
the deferral policy to RCRA under these
established circumstances. Deletion of
this Site from the NPL, to defer it to
RCRA Subtitle C corrective action
authorities, avoids possible duplication
of effort, and the need for Beazer to
follow more than one set of regulatory
procedures. Moreover, EPA and
SCDHEC have determined that remedial
actions conducted at the Facility to date
and scheduled in the future under
RCRA, have been and will remain
protective of public health, and the
environment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
Dated: March 13, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2013–09540 Filed 4–23–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 27 and 90
[PS Docket No. 12–94; PS Docket No. 06–
229; and WT Docket No. 06–150; FCC 13–
31]
Implementing Public Safety Broadband
Provisions of the Middle Class Tax
Relief and Job Creation Act of 2012
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) sought comment on
certain proposals to implement
provisions of the Middle Class Tax
Relief and Job Creation Act of 2012
(Public Safety Spectrum Act) governing
deployment of a nationwide public
safety broadband network in the 700
MHz band under a nationwide license
issued to the First Responder Network
Authority (FirstNet). In particular, the
Commission considered the adoption of
initial rules to protect against harmful
radio frequency interference in the
SUMMARY:
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spectrum designated for public safety
services, as well as other matters related
to FirstNet’s license and to facilitating
the transition directed under the Public
Safety Spectrum Act. The proposals
considered in the document are
intended to provide a solid foundation
for FirstNet’s operations, taking into
account FirstNet’s need for flexibility in
carrying out its statutory duties under
the Public Safety Spectrum Act to
establish a nationwide public safety
broadband network.
DATES: Submit comments on or before
May 24, 2013. Submit reply comments
on or before June 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Gene Fullano, Federal Communications
Commission, Public Safety and
Homeland Security Bureau, 445 12th
Street SW., Room 7–C747, Washington,
DC 20554. Telephone: (202)–418–0492,
email: genaro.fullano@fcc.gov.
SUPPLEMENTARY INFORMATION: In the
Notice of Proposed Rulemaking (NPRM),
FCC 13–31, adopted March 7, 2013, and
released March 8, 2013, the Commission
seeks comment on certain proposals to
implement provisions of the Middle
Class Tax Relief and Job Creation Act of
2012 (‘‘Public Safety Spectrum Act’’ or
‘‘Act’’) 1 governing deployment of a
nationwide public safety broadband
network in the 700 MHz band under a
nationwide license issued to the
FirstNet. The NPRM addresses technical
service rules for the new public safety
broadband network to be established
pursuant to the Public Safety Spectrum
Act. It then considers the Commission’s
statutory responsibilities as they relate
to oversight of FirstNet. Finally, it
addresses different classes of
incumbents now occupying portions of
the spectrum licensed to FirstNet. These
proposals are based on the
Commission’s established authority
under the Communications Act to
regulate use of the spectrum consistent
with the public interest, convenience
and necessity, including the authority to
prescribe power limits and prevent
interference between stations licensed
by the Commission,2 as well as its
licensing authority over FirstNet
provided by the Public Safety Spectrum
Act,3 and its authority under that Act
‘‘to take all actions necessary to
facilitate the transition’’ of the existing
public safety broadband spectrum to
FirstNet.
1 See Middle Class Tax Relief and Job Creation
Act of 2012, Public Law 112–96, 126 Stat. 156
(2012).
2 See, e.g., 47 U.S.C. 303(c), 303(e)–(g), 303(r),
337(d). See also id. sec. 151, 154(i).
3 See Public Safety Spectrum Act 6201(a)–(b).
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
The Notice of Proposed Rulemaking is
available at https://transition.fcc.gov/
Daily_Releases/Daily_Business/2013/
db0308/FCC-13-31A1.pdf.
Procedural Matters
Paperwork Reduction Act
The Notice of Proposed Rulemaking
does not contain proposed information
collection(s) subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4)INITIAL
Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act (RFA),4 the Commission
has prepared this present Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on small entities by the policies
and rules proposed in this Notice of
Proposed Rulemaking (Notice). Written
public comments are requested on this
IRFA. Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comments provided
in this NPRM. The Commission will
send a copy of this Notice, including
this IRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA).5 In addition, the
NPRM and IRFA (or summaries thereof)
will be published in the Federal
Register.6
tkelley on DSK3SPTVN1PROD with PROPOSALS
A. Need for, and Objectives of, the
Proposed Rules
The Notice of Proposed Rulemaking
(NPRM) seeks comment on proposals to
implement provisions of the Middle
Class Tax Relief and Job Creation Act of
2012 (‘‘Public Safety Spectrum Act’’ or
‘‘Act’’) 7 governing deployment of a
nationwide public safety broadband
network in the 700 MHz band.
The Public Safety Spectrum Act
establishes the First Responder Network
Authority (FirstNet) to oversee the
construction and operation of this
network as licensee of both the existing
public safety broadband spectrum (763–
769/793–799 MHz) and the spectrally
4 See 5 U.S.C. 603. The RFA, see 5 U.S.C. § 601
et. seq., has been amended by the Contract With
America Advancement Act of 1996, Public Law
104–121, 110 Stat. 847 (1996) (CWAAA). Title II of
the CWAAA is the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
5 See 5 U.S.C. 603(a).
6 See id.
7 Middle Class Tax Relief and Job Creation Act of
2012, Public Law 112–96, 126 Stat. 156 (2012).
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adjacent D Block spectrum (758–763/
788–793 MHz).8 The Act directs the
Federal Communications Commission
(FCC or Commission) to reallocate the D
Block for public safety services,9 to
license the D Block and the existing
public safety broadband spectrum to
FirstNet 10 and to take other actions
necessary to ‘‘facilitate the transition’’ of
such existing spectrum to FirstNet.11
Proposals in the NPRM are intended
to provide a solid foundation for
FirstNet’s operations, taking into
account FirstNet’s need for flexibility in
carrying out its statutory duties under
the Public Safety Spectrum Act to
establish a nationwide public safety
broadband network.
This NPRM seeks comment in three
areas. First, we address technical service
rules for the new public safety
broadband network to be established
pursuant to the Public Safety Spectrum
Act. We next seek comment on the
exercise of the Commission’s statutory
responsibilities as they relate to
oversight of FirstNet’s operations.
Finally, we seek comment on the
transition of different classes of
incumbents now occupying portions of
the spectrum to be licensed to FirstNet.
These proposals are based on our
established authority under the
Communications Act to regulate use of
the spectrum consistent with the public
interest, convenience and necessity,
including the authority to prescribe
power limits and prevent interference
between stations licensed by the
Commission,12 as well as our licensing
authority over FirstNet provided by the
Public Safety Spectrum Act,13 and our
authority under the Public Safety
Spectrum Act ‘‘to take all actions
necessary to facilitate the transition’’ of
the existing public safety broadband
spectrum to FirstNet.14 We seek
comment on the scope of our authority
as it relates to these proposals, and how
such authority can most appropriately
accommodate the Public Safety
Spectrum Act’s delegation to FirstNet of
the responsibility to develop ‘‘the
technical and operational requirements
8 See
id. sec. 6204.
id. sec. 6101.
10 See id. sec. 6201(a).
11 See id. sec. 6201(c).
12 See, e.g., 47 U.S.C. 303(c), 303(e)–(g), 303(r),
337(d). See also id. sec.151, 154(i).
13 See Public Safety Spectrum Act sec. 6201(a)–
(b). See also id. sec. 6206(b)(3) (requiring rural
coverage milestones for FirstNet, ‘‘consistent with
the license granted under section 6201’’).
14 See Public Safety Spectrum Act sec. 6201(c).
See also id. Sec. 6213 (authority of Commission to
‘‘take any action necessary to assist [FirstNet] in
effectuating its duties and responsibilities’’ under
Public Safety Spectrum Act).
9 See
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of the network.’’ 15 In offering these
proposals, we acknowledge the crucial
importance of FirstNet’s endeavor and
its need for flexibility in carrying out its
obligations under the Public Safety
Spectrum Act.
B. Legal Basis
The proposed action is authorized
under Sections 1, 2, 4(i), 5(c), 7, 301,
302, 303, 307, 308, 309, 310, 311, 314,
316, 319, 324, 332, 333, 336, 337 and
403 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 152, 154(i),
155(c), 157, 301, 302, 303, 307, 308, 309,
310, 311, 314, 316, 319, 324, 332, 333,
336, 337 and 403, and the Middle Class
Tax Relief and Job Creation Act of 2012,
Public Law 112–96, 126 Stat. 156
(2012).
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide
a description of, and, where feasible, an
estimate of, the number of small entities
that may be affected by the rules
adopted herein.16 The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental
jurisdiction.’’ 17 In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.18 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’’).19 Below, we further describe
and estimate the number of small entity
licensees and regulatees that may be
affected by the rules changes we
propose in this NPRM.
As an initial matter, we observe that
the Public Safety Spectrum Act does not
contemplate that ‘‘small governmental
jurisdictions’’ would be directly
authorized to serve as operators of their
own 700 MHz public safety broadband
networks. Rather, the Spectrum Act
15 See
id. sec. 6206(c)(1)(B).
U.S.C. 604(a)(3).
17 5 U.S.C. 601(6).
18 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small-business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’ 5 U.S.C. 601(3).
19 15 U.S.C. 632.
16 5
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charges a single entity, FirstNet, with
constructing, operating and maintaining
a 700 MHz public safety broadband
network on a nationwide basis.20
Accordingly, the technical service rules
and other requirements the NPRM
proposes or considers for the combined
700 MHz public safety broadband
spectrum—in which FirstNet will
operate on a nationwide basis—will not
directly affect a substantial number of
small entities. The absence of a direct
effect on a substantial number of small
entities suggests that it is not necessary
to prepare a regulatory flexibility
analysis in connection with these
proposed requirements.21
Small Businesses, Small
Organizations, and Small Governmental
Jurisdictions. Our action may, over time,
affect small entities that are not easily
categorized at present. We therefore
describe here, at the outset, three
comprehensive, statutory small entity
size standards.22 First, nationwide,
there are a total of approximately 27.5
million small businesses, according to
the SBA.23 In addition, a ‘‘small
organization’’ is generally ‘‘any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.’’ 24 Nationwide, as
of 2007, there were approximately 1,
621,315 small organizations.25 Finally,
the term ‘‘small governmental
jurisdiction’’ is defined generally as
‘‘governments of cities, towns,
townships, villages, school districts, or
special districts, with a population of
less than fifty thousand.’’ 26 Census
Bureau data for 2011 indicate that there
were 89,476 local governmental
jurisdictions in the United States.27 We
estimate that, of this total, as many as
88, 506 entities may qualify as ‘‘small
governmental jurisdictions.’’ 28 Thus,
20 See Spectrum Act § 6206(b). The statute
contemplates that portions of the network may be
deployed by State governments, see Spectrum Act
6302(e), which are categorically excluded from the
definition of ‘‘small governmental jurisdictions’’ for
purposes of RFA.
21 See, e.g., Mid-Tex Elec. Co-op., Inc. v. F.E.R.C.,
773 F.2d 327, 334 (DC Cir. 1985).
22 See 5 U.S.C. 601(3)–(6).
23 See SBA, Office of Advocacy, ‘‘Frequently
Asked Questions,’’ web.sba.gov/faqs (last visited
May 6,2011; figures are from 2009).
24 5 U.S.C. 601(4).
25 Independent Sector, The New Nonprofit
Almanac & Desk Reference (2010).
26 5 U.S.C. 601(5).
27 U.S. Census Bureau, Statistical Abstract of the
United States: 2011, Table 427 (2007).
28 The 2007 U.S Census data for small
governmental organizations indicate that there were
89, 476 ‘‘Local Governments’’ in 2007. (U.S.
CENSUS BUREAU, STATISTICAL ABSTRACT OF
THE UNITED STATES 2011, Table 428.) The
criterion by which the size of such local
governments is determined to be small is a
population of 50,000. However, since the Census
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we estimate that most governmental
jurisdictions are small.
Public Safety Radio Licensees. As a
general matter, Public Safety Radio Pool
licensees include police, fire, local
government, forestry conservation,
highway maintenance, and emergency
medical services.29 Because of the vast
array of public safety licensees, the
Commission has not developed a small
business size standard specifically
applicable to public safety licensees.
The SBA rules contain a definition for
Wireless Telecommunications Carriers
(except Satellite) which encompasses
business entities engaged in
radiotelephone communications
employing no more that 1,500
persons.30 With respect to local
governments, in particular, since many
governmental entities comprise the
licensees for these services, we include
under public safety services the number
of government entities affected.
According to Commission records, there
are a total of approximately 133,870
Bureau does not specifically apply that criterion, it
cannot be determined with precision how many of
such local governmental organizations is small.
Nonetheless, the inference seems reasonable that
substantial number of these governmental
organizations has a population of less than 50, 000.
To look at Table 428 in conjunction with a related
set of data in Table 429 in the Census’s Statistical
Abstract of the U.S., that inference is further
supported by the fact that in both Tables, many
entities that may well be small are included in the
89,476 local governmental organizations, e.g.
county, municipal, township and town, school
district and special district entities. Measured by a
criterion of a population of 50,000 many specific
sub-entities in this category seem more likely than
larger county-level governmental organizations to
have small populations. Accordingly, of the 89,746
small governmental organizations identified in the
2007 Census, the Commission estimates that a
substantial majority is small.
29 See subparts A and B of Part 90 of the
Commission’s Rules, 47 CFR 90.1–90.22. Police
licensees serve state, county, and municipal
enforcement through telephony (voice), telegraphy
(code), and teletype and facsimile (printed
material). Fire licensees are comprised of private
volunteer or professional fire companies, as well as
units under governmental control. Public Safety
Radio Pool licensees also include state, county, or
municipal entities that use radio for official
purposes. State departments of conservation and
private forest organizations comprise forestry
service licensees that set up communications
networks among fire lookout towers and ground
crews. State and local governments are highway
maintenance licensees that provide emergency and
routine communications to aid other public safety
services to keep main roads safe for vehicular
traffic. Emergency medical licensees use these
channels for emergency medical service
communications related to the delivery of
emergency medical treatment. Additional licensees
include medical services, rescue organizations,
veterinarians, persons with disabilities, disaster
relief organizations, school buses, beach patrols,
establishments in isolated areas, communications
standby facilities, and emergency repair of public
communications facilities.
30 See 13 CFR 121.201, NAICS code 517210.
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licenses within these services.31 There
are 2,442 licenses in the 4.9 GHz band,
based on an FCC Universal Licensing
System search of May 23, 2012.32 We
estimate that fewer than 2,442 public
safety radio licensees hold these
licenses because certain entities may
have multiple licenses.
Regional Planning Committees.
Neither the Commission nor the SBA
has developed a small business size
standard specifically applicable to
Regional Planning Committees (RPCs)
and the National Regional Planning
Council (NRPC). As described by the
NRPC, ‘‘[t]he National Regional
Planning Council (NRPC) is an advocacy
body formed in 2007 that supports
public safety communications spectrum
management by Regional Planning
Committees (RPC) in the 700 MHz and
800 MHz NPSPAC public safety
spectrum as required by the Federal
Communications Commission.’’ 33 The
NRPC states that ‘‘Regional Planning
Committees consist of public safety
volunteer spectrum planners and
members that dedicate their time, in
addition to the time spent in their
regular positions, to coordinate
spectrum efficiently and effectively for
the purpose of making it available to
public safety agency applicants in their
respective region.’’ 34 There are 54
formed RPCs and one unformed RPC.35
The Commission has not developed a
small business size standard specifically
applicable to RPCs and the NRPC. The
SBA rules, however, contain a
definition for Wireless
Telecommunications Carriers (except
Satellite) which encompasses business
entities engaged in radiotelephone
communications employing no more
that 1,500 persons.36 Under this
category and size standard, we estimate
that all of the RPCs and the NRPC can
be considered small.
Radio and Television Broadcasting
and Wireless Communications
31 This figure was derived from Commission
licensing records as of June 27, 2008. Licensing
numbers change on a daily basis. We do not expect
this number to be significantly smaller today. This
does not indicate the number of licensees, as
licensees may hold multiple licenses. There is no
information currently available about the number of
public safety licensees that have less than 1,500
employees.
32 Based on an FCC Universal Licensing System
search of May 23, 2012. Search parameters: Radio
Service = PA—Public Safety 4940–4990 MHz Band;
Authorization Type = Regular; Status = Active.
33 See Petition for Rulemaking to allow Aircraft
voice operations on Secondary Trunking Channels
in the 700 MHz band, RM–11433, Comments of the
National Regional Planning Council at 1 (filed July
15, 2011).
34 Id.
35 See https://publicsafety.fcc.gov/pshs/publicsafety-spectrum/700–MHz/rpc-map.htm.
36 See 13 CFR 121.201, NAICS code 517210.
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
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.’’ 37 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.38 Thus, under that size
standard, the majority of firms can be
considered small.
tkelley on DSK3SPTVN1PROD with PROPOSALS
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
The two segments of the spectrum
that will be licensed to FirstNet—the D
Block and the existing public safety
broadband spectrum—are currently
regulated under separate FCC rule parts,
Parts 27 and 90. The NPRM proposes
the development of a unified set of
technical service rules to govern this
spectrum, largely by consolidating
under Part 90 the requirements
applicable to both segments. Because
FirstNet will be the nationwide licensee
of this spectrum, it will be primarily
responsible on a nationwide basis for
ensuring compliance with any such
requirements that are ultimately
adopted. Accordingly, we do not believe
that these requirements would have a
significant economic impact on a
substantial number of small entities.
The NPRM also considers establishing
certification requirements for equipment
operated in the combined public safety
broadband spectrum. These
37 The NAICS Code for this service 334220. See
13 C.F.R 121/201. See also https://
factfinder.census.gov/servlet/IBQTable?_bm=y&fds_name=EC0700A1&-geo_id=&-_skip=300&ds_name=EC0731SG2&-_lang=en
38 See https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&fds_name=EC0700A1&-_skip=4500&ds_name=EC0731SG3&-_lang=en.
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requirements would be applicable to
entities, such as RF equipment
manufacturers, seeking to certify
equipment for operation in this
spectrum. We observe that equipment
certification is a longstanding
Commission practice, widely applicable
to equipment marketed for operation in
radiospectrum licensed by the
Commission. Any certification
requirements adopted pursuant to the
NPRM are unlikely to depart
significantly from current practice. In
fact, a primary purpose of the
certification requirements proposed in
the NPRM is to consolidate under a
common Part 90 rule provision existing
requirements that separately govern the
D Block and the public safety broadband
spectrum. Such rules are unlikely to
have a significant adverse economic
impact on any small entities, much less
a substantial number of them.
The NPRM also considers rules to
govern the transition of incumbent
narrowband, wideband and commercial
systems currently authorized to operate
in the spectrum to be licensed to
FirstNet. With respect to the first
category only, there may arguably be a
significant number of small entities
currently operating.39 In considering
various transition options—including
relocation of existing operations at the
operators’ expense—the NPRM seeks
comment on ways to minimize the
economic burden on incumbent
operators. The NPRM seeks comment on
whether FirstNet or some third party
source could fund relocation, thereby
relieving any incumbent small entities
of this potentially substantial economic
burden. It also seeks comment on
whether FirstNet could accommodate
incumbent narrowband operations
within a portion of its licensed
spectrum, either indefinitely or on a
transitional basis. We seek comment in
this IRFA on whether there are
additional steps the Commission should
take to minimize any economic burden
its proposals might create for small
entities operating narrowband systems
in the spectrum to be licensed to
FirstNet.
39 In addition to a number of state governments,
an estimated twenty-five cities and counties are
authorized to operate narrowband or wideband
networks in the existing public safety broadband
spectrum. Of these, we estimate that only a small
number would qualify as ‘‘small government
jurisdictions.’’ We nevertheless consider means of
minimizing the economic impact that proposals
adopted pursuant to the NPRM might create for
such jurisdictions.
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E. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant alternatives that
it has considered in developing its
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 and reporting requirements
under the rule for such small entities;
(3) the use of performance rather than
design standards; and (4) an exemption
from coverage of the rule, or any part
thereof, for such small entities.’’ 40
As an initial matter, we find that one
possible alternative—to refrain from
pursuing the adoption of rules in Docket
12–94—is untenable given the clear
directives of the Public Safety Spectrum
Act regarding reallocation of the D
Block and the licensing of spectrum to
FirstNet. This NPRM is necessary to
ensure that a solid regulatory
foundation is in place to support
FirstNet’s operations under the Act.
We also do not believe it would be
tenable to establish differing
requirements for small entities or to
exempt such entities from rules adopted
pursuant to the NPRM. Given the
importance of ensuring that the public
safety broadband network is technically
and operationally viable on a
nationwide basis, it is important that
network be governed by a common set
of rules and requirements.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
1. None.
List of Subjects
47 CFR Part 1
Administrative practice and
procedure, Civil rights, Claims,
Communications common carriers,
Cuba, Drug abuse, Environmental
impact statements, Equal access to
justice, Equal employment opportunity,
Federal buildings and facilities,
Government employees, Income taxes,
Indemnity payments, Individuals with
disabilities, Investigations, Lawyers,
Metric system, Penalties, Radio,
Reporting and recordkeeping
requirements, Satellites,
Telecommunications, Television,
Wages.
40 5
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U.S.C. 603(c)(1)–(c)(4).
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47 CFR Part 2
Communications equipment, Disaster
assistance, Imports, Radio, Reporting
and recordkeeping requirements,
Telecommunications, Television,
Wiretapping and electronic
surveillance.
47 CFR Part 27
Communications common carriers,
Radio.
47 CFR Part 90
Administrative practice and
procedure, Business and industry, Civil
defense, Common carriers,
Communications equipment, Emergency
medical services, Individuals with
disabilities, Radio, Reporting and
recordkeeping requirements.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
parts 1, 2, 27 and 90 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 227, 303(r),
and 309, Cable Landing License Act of 1921,
47 U.S.C. 35–39, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L.
112–96.
2. Section 1.9005 is amended by
revising paragraph (k) to read as follows:
■
Included services.
*
*
*
*
*
(k) The Wireless Communications
Service in the 746–758 MHz, 775–788
MHz, and 805–806 MHz bands (part 27
of this chapter);
*
*
*
*
*
PART 2—FREQUENCY ALLOCATIONS
AND RADIO TREATY MATTERS;
GENERAL RULES AND REGULATIONS
3. The authority citation for part 2
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302(a), 303, and
336, unless otherwise noted.
4. Section 2.103 is amended by
revising paragraphs (a) introductory text
and paragraph (c) to read as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
■
§ 2.103 Federal Use of non-Federal
frequencies.
(a) Federal stations may be authorized
to use non-Federal frequencies in the
bands above 25 MHz (except the 758–
775 MHz and 788–805 MHz public
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PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICES
5. The authority citation for part 27
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302a, 303,
307, 309, 332, 336, and 337 unless otherwise
noted.
6. Section 27.6 is amended by revising
paragraph (b) introductory text to read
as follows:
■
Federal Communications Commission.
Marlene Dortch,
Secretary.
§ 1.9005
safety bands) if the Commission finds
that such use is necessary for
coordination of Federal and non-Federal
activities: Provided, however, that:
*
*
*
*
*
(c) Federal stations may be authorized
by the First Responder Network
Authority to use channels in the 758–
769 MHz and 788–799 MHz public
safety bands.
§ 27.6
Service Areas.
*
*
*
*
*
(b) 746–758 MHz, 775–788 MHz, and
805–806 MHz bands. WCS service areas
for the 746–758 MHz, 775–788 MHz,
and 805–806 MHz bands are as follows:
*
*
*
*
*
■ 7. Section 27.11 is amended by
revising paragraph (c) introductory text
to read as follows:
§ 27.11
Initial authorization.
*
*
*
*
*
(c) 746–758 MHz, 775–788 MHz, and
805–806 MHz bands. Initial
authorizations for the 746–758 MHz,
775–788 MHz, and 805–806 MHz bands
shall be for paired channels of 1, 5, 6,
or 11 megahertz of spectrum in
accordance with § 27.5(b).
*
*
*
*
*
■ 8. Section 27.13 is amended by
revising the first sentence in paragraph
(b) to read as follows:
§ 27.13
License Period.
*
*
*
*
*
(b) 698–758 MHz and 776–788 MHz
bands. Initial authorizations for the
698–758 MHz and 776–788 MHz bands
will extend for a term not to exceed ten
years from February 17, 2009, except
that initial authorizations for a Part 27
licensee that provides broadcast
services, whether exclusively or in
combination with other services, will
not exceed eight years. * * *
*
*
*
*
*
■ 9. Section 27.14 is amended by
revising the first sentence in paragraphs
(a), and (e), and removing paragraphs
(m) and (n), and redesignating
paragraphs (o) and (p) as paragraphs (m)
and (n) to read as follows:
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§ 27.14 Construction requirements;
Criteria for Renewal.
(a) AWS and WCS licensees, with the
exception of WCS licensees holding
authorizations for Block A in the 698–
704 MHz and 728–734 MHz bands,
Block B in the 704–710 MHz and 734–
740 MHz bands, Block E in the 722–728
MHz band, Block C, C1 or C2 in the
746–757 MHz and 776–787 MHz bands,
Block A in the 2305–2310 MHz and
2350–2355 MHz bands, Block B in the
2310–2315 MHz and 2355–2360 MHz
bands, Block C in the 2315–2320 MHz
band, and Block D in the 2345–2350
MHz band, must, as a performance
requirement, make a showing of
‘‘substantial service’’ in their license
area within the prescribed license term
set forth in § 27.13.* * *
*
*
*
*
*
(e) Comparative renewal proceedings
do not apply to WCS licensees holding
authorizations for Block A in the 698–
704 MHz and 728–734 MHz bands,
Block B in the 704–710 MHz and 734–
740 MHz bands, Block C in the 710–716
MHz and 740–746 MHz bands, Block D
in the 716–722 MHz band, Block E in
the 722–728 MHz band, or Block C, C1
or C2 in the 746–757 MHz and 776–787
MHz bands. * * *
*
*
*
*
*
■ 10. Section 27.15 is amended by
revising the first sentence in paragraphs
(d)(1)(i) and (d)(2)(i) to read as follows:
§ 27.15 Geographic partitioning and
spectrum disaggregation.
*
*
*
*
*
(d) * * *
(1) * * *
(i) Except for WCS licensees holding
authorizations for Block A in the 698–
704 MHz and 728–734 MHz bands,
Block B in the 704–710 MHz and 734–
740 MHz bands, Block E in the 722–728
MHz band, and Blocks C, C1, and C2 in
the 746–757 MHz and 776–787 MHz
bands, the following rules apply to WCS
and AWS licensees holding
authorizations for purposes of
implementing the construction
requirements set forth in § 27.14. * * *
*
*
*
*
*
(2) * * *
(i) Except for WCS licensees holding
authorizations for Block A in the 698–
704 MHz and 728–734 MHz bands,
Block B in the 704–710 MHz and 734–
740 MHz bands, Block E in the 722–728
MHz band, and Blocks C, C1, and C2 in
the 746–757 MHz and 776–787 MHz
bands, the following rules apply to WCS
and AWS licensees holding
authorizations for purposes for purposes
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24APP1
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
of implementing the construction
requirements set forth in § 27.14.* * *
*
*
*
*
*
11. Section 27.50 is amended by
revising paragraph (b) introductory text,
paragraphs (b)(1) through (b)(7), (b)(7)(i),
(b)(8) through (b)(10), (b)(12), (c)(5)(i),
and the headings to Table 1 through
Table 4 at the end of the section to read
as follows:
§ 27.50
Power limits and duty cycle.
tkelley on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
(b) The following power and antenna
height limits apply to transmitters
operating in the 746–758 MHz, 775–788
MHz and 805–806 MHz bands:
(1) * * *
(2) Fixed and base stations
transmitting a signal in the 746–757
MHz and 776–787 MHz bands with an
emission bandwidth of 1 MHz or less
must not exceed an ERP of 1000 watts
and an antenna height of 305 m HAAT,
except that antenna heights greater than
305 m HAAT are permitted if power
levels are reduced below 1000 watts
ERP in accordance with Table 1 of this
section.
(3) Fixed and base stations located in
a county with population density of 100
or fewer persons per square mile, based
upon the most recently available
population statistics from the Bureau of
the Census, and transmitting a signal in
the 746–757 MHz and 776–787 MHz
bands with an emission bandwidth of 1
MHz or less must not exceed an ERP of
2000 watts and an antenna height of 305
m HAAT, except that antenna heights
greater than 305 m HAAT are permitted
if power levels are reduced below 2000
watts ERP in accordance with Table 2 of
this section.
(4) Fixed and base stations
transmitting a signal in the 746–757
MHz and 776–787 MHz bands with an
emission bandwidth greater than 1 MHz
must not exceed an ERP of 1000 watts/
MHz and an antenna height of 305 m
HAAT, except that antenna heights
greater than 305 m HAAT are permitted
if power levels are reduced below 1000
watts/MHz ERP accordance with Table
3 of this section.
(5) Fixed and base stations located in
a county with population density of 100
or fewer persons per square mile, based
upon the most recently available
population statistics from the Bureau of
the Census, and transmitting a signal in
the 746–757 MHz and 776–787 MHz
bands with an emission bandwidth
greater than 1 MHz must not exceed an
ERP of 2000 watts/MHz and an antenna
height of 305 m HAAT, except that
antenna heights greater than 305 m
HAAT are permitted if power levels are
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reduced below 2000 watts/MHz ERP in
accordance with Table 4 of this section.
(6) Licensees of fixed or base stations
transmitting a signal in the 746–757
MHz and 776–787 MHz bands at an ERP
greater than 1000 watts must comply
with the provisions set forth in
paragraph (b)(8) and § 27.55(c).
(7) Licensees seeking to operate a
fixed or base station located in a county
with population density of 100 or fewer
persons per square mile, based upon the
most recently available population
statistics from the Bureau of the Census,
and transmitting a signal in the 746–757
MHz and 776–787 MHz bands at an ERP
greater than 1000 watts must:
(i) Coordinate in advance with all
licensees authorized to operate in the
698–758 MHz, 775–788, and 805–806
MHz bands within 120 kilometers (75
miles) of the base or fixed station;
*
*
*
*
*
(8) Licensees authorized to transmit in
the 746–757 MHz and 776–787 MHz
bands and intending to operate a base or
fixed station at a power level permitted
under the provisions of paragraph (b)(6)
of this section must provide advanced
notice of such operation to the
Commission and to licensees authorized
in their area of operation. Licensees who
must be notified are all licensees
authorized to operate in the 758–775
MHz and 788–805 MHz bands under
Part 90 of this chapter within 75 km of
the base or fixed station and all regional
planning committees, as identified in
§ 90.527 of this chapter, with
jurisdiction within 75 km of the base or
fixed station. Notifications must provide
the location and operating parameters of
the base or fixed station, including the
station’s ERP, antenna coordinates,
antenna height above ground, and
vertical antenna pattern, and such
notifications must be provided at least
90 days prior to the commencement of
station operation.
(9) Control stations and mobile
stations transmitting in the 746–757
MHz, 776–788 MHz, and 805–806 MHz
bands and fixed stations transmitting in
the 787–788 MHz and 805–806 MHz
bands are limited to 30 watts ERP.
(10) Portable stations (hand-held
devices) transmitting in the 746–757
MHz, 776–788 MHz, and 805–806 MHz
bands are limited to 3 watts ERP.
*
*
*
*
*
(12) For transmissions in the 746–757
and 776–787 MHz bands, licensees may
employ equipment operating in
compliance with either the
measurement techniques described in
paragraph (b)(11) or a Commissionapproved average power technique. In
both instances, equipment employed
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24143
must be authorized in accordance with
the provisions of 27.51.
(c) * * *
*
*
*
*
*
(5) * * *
(i) Coordinate in advance with all
licensees authorized to operate in the
698–758 MHz, 775–788, and 805–806
MHz bands within 120 kilometers (75
miles) of the base or fixed station;
*
*
*
*
*
TABLE 1—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 757–758
AND 775–776 MHz BANDS AND FOR
BASE AND FIXED STATIONS IN THE
698–757 MHz AND 776–787 MHz
BANDS TRANSMITTING A SIGNAL
WITH AN EMISSION BANDWIDTH OF 1
MHz OR LESS
Antenna height (AAT) in meters (feet)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
Effective radiated power
(ERP)
(watts)
65
70
75
100
140
200
350
600
1000
TABLE 2—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 698–757
MHz AND 776–787 MHz BANDS
TRANSMITTING A SIGNAL WITH AN
EMISSION BANDWIDTH OF 1 MHz OR
LESS
Antenna height (AAT) in meters (feet)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
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24APP1
Effective radiated power
(ERP)
(watts)
130
140
150
200
280
400
700
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Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
TABLE 2—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 698–757
MHz AND 776–787 MHz BANDS
TRANSMITTING A SIGNAL WITH AN
EMISSION BANDWIDTH OF 1 MHz OR
LESS—Continued
Antenna height (AAT) in meters (feet)
Effective radiated power
(ERP)
(watts)
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
1200
2000
TABLE 3—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 698–757
MHz AND 776–787 MHz BANDS
TRANSMITTING A SIGNAL WITH AN
EMISSION BANDWIDTH GREATER
THAN 1 MHz
Antenna height (AAT) in meters (feet)
Effective radiated power
(ERP) per
MHz (watts/
MHz)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
65
70
75
100
140
200
350
600
1000
TABLE 4—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 698–757
MHz AND 776–787 MHz BANDS
TRANSMITTING A SIGNAL WITH AN
EMISSION BANDWIDTH GREATER
THAN 1 MHz
tkelley on DSK3SPTVN1PROD with PROPOSALS
Antenna height (AAT) in meters (feet)
Effective radiated power
(ERP) per
MHz (watts/
MHz )
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
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130
140
150
200
280
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TABLE 4—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 698–757
MHz AND 776–787 MHz BANDS
TRANSMITTING A SIGNAL WITH AN
EMISSION BANDWIDTH GREATER
THAN 1 MHz—Continued
antenna that is representative of the
type that will be used with the
equipment in normal operation.
*
*
*
*
*
■ 13. Section 27.55 is amended by
revising paragraph (c) to read as follows:
§ 27.55
Power strength limits.
*
*
*
*
Effective radi(c) Power flux density limit for
ated power
Antenna height (AAT) in mestations operating in the 746–757 MHz
(ERP) per
ters (feet)
and 776–787 MHz bands. For base and
MHz (watts/
MHz )
fixed stations operating in the 746–757
MHz and 776–787 MHz bands in
Above 610 (2000) To 763
accordance with the provisions of
(2500) ..................................
400
§ 27.50(b)(6), the power flux density that
Above 458 (1500) To 610
(2000) ..................................
700 would be produced by such stations
through a combination of antenna
Above 305 (1000) To 458
(1500) ..................................
1200 height and vertical gain pattern must
Up to 305 (1000) ....................
2000 not exceed 3000 microwatts per square
meter on the ground over the area
■ 12. Section 27.53 is amended by
extending to 1 km from the base of the
removing paragraph (d), redesignating
antenna mounting structure.
paragraphs (e) through (n) as paragraphs ■ 14. Section 27.57 is amended by
(d) through (m), and revising newly
revising paragraph (b) to read as follows:
redesignated paragraphs (d), (1) and (2)
§ 27.57 International coordination.
and (e) to read as follows:
*
*
*
*
*
§ 27.53 Emission limits.
(b) Operation in the 698–758 MHz,
*
*
*
*
*
775–788 MHz, and 805–806 MHz bands
(d) For operations in the 775–776
is subject to international agreements
MHz and 805–806 MHz bands,
between Mexico and Canada. Unless
transmitters must comply with either
otherwise modified by international
paragraphs (d)(1) through (5) of this
treaty, licenses must not cause
section or the ACP emission limitations interference to, and must accept harmful
set forth in paragraphs (d)(6) to (d)(9) of interference from, television broadcast
this section.
operations in Mexico and Canada.
(1) On all frequencies between 758 to
*
*
*
*
*
775 MHz and 788 to 805 MHz, the
■ 15. Section 27.60 is amended by
power of any emission outside the
revising the introductory text, and
licensee’s frequency bands of operation
paragraph (a)(1)(iii) and the second
shall be attenuated below the
sentence in paragraphs (b) introductory
transmitter power (P) within the
text and (b)(2)(i); and revising
licensed band(s) of operation, measured
paragraphs (b)(2)(ii), (b)(2)(ii)(A) and (C)
in watts, by a factor not less than 76 +
to read as follows:
10 log (P) dB in a 6.25 kHz band
segment, for base and fixed stations;
§ 27.60 TV/DTV interference protection
(2) On all frequencies between 758 to
criteria.
775 MHz and 788 to 805 MHz, the
Base, fixed, control, and mobile
power of any emission outside the
transmitters in the 698–758 MHz, 775–
licensee’s frequency bands of operation
788 MHz, and 805–806 MHz frequency
shall be attenuated below the
bands must be operated only in
transmitter power (P) within the
accordance with the rules in this section
licensed band(s) of operation, measured to reduce the potential for interference
in watts, by a factor not less than 65 +
to public reception of the signals of
10 log (P) dB in a 6.25 kHz band
existing TV and DTV broadcast stations
segment, for mobile and portable
transmitting on TV Channels 51 through
stations;
68.
(a) * * *
*
*
*
*
*
(1) * * *
(e) For operations in the 746–758
(iii) For transmitters operating in the
MHz, 775–788 MHz, and 805–806 MHz
bands, emissions in the band 1559–1610 746–758 MHz, 775–788 MHz, and 805–
MHz shall be limited to ¥70 dBW/MHz 806 MHz frequency bands, 17 dB at the
equivalent Grade B contour (41 dBmV/
equivalent isotropically radiated power
m) (88.5 kilometers (55 miles)) of the
(EIRP) for wideband signals, and ¥80
dBW EIRP for discrete emissions of less DTV station.
than 700 Hz bandwidth. For the purpose *
*
*
*
*
of equipment authorization, a
(b) * * * Tables to determine the
transmitter shall be tested with an
necessary minimum distance from the
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698–758 MHz, 775–788 MHz, and 805–
806 MHz station to the TV/DTV station,
assuming that the TV/DTV station has a
hypothetical or equivalent Grade B
contour of 88.5 kilometers (55 miles),
are located in § 90.309 of this chapter
and labeled as Tables B, D, and E.
Values between those given in the tables
may be determined by linear
interpolation.* * *
*
*
*
*
*
(2) * * *
(i) Base and fixed stations that operate
in the 746–758 MHz and 775–787 MHz
bands having an antenna height (HAAT)
less than 152 m. (500 ft.) shall afford
protection to co-channel and adjacent
channel TV/DTV stations in accordance
with the values specified in Table B (cochannel frequencies based on 40 dB
protection) and Table E (adjacent
channel frequencies based on 0 dB
protection) in § 90.309 of this
chapter.* * *
(ii) Control, fixed, and mobile stations
(including portables) that operate in the
787–788 MHz and 805–806 MHz bands
and control and mobile stations
(including portables) that operate in the
698–757 MHz and 776–787 MHz bands
are limited in height and power and
therefore shall afford protection to cochannel and adjacent channel TV/DTV
stations in the following manner:
(A) For control, fixed, and mobile
stations (including portables) that
operate in the 787–788 MHz and 805–
806 MHz bands and control and mobile
stations (including portables) that
operate in the 746–757 MHz and 776–
787 MHz co-channel protection shall be
afforded in accordance with the values
specified in Table D (co-channel
frequencies based on 40 dB protection
for TV stations and 17 dB for DTV
stations) in § 90.309 of this chapter.
(C) For control, fixed, and mobile
stations (including portables) that
operate in the 787–788 MHz and 805–
806 MHz bands and control and mobile
stations (including portables) that
operate in the 698–757 MHz and 776–
787 MHz bands adjacent channel
protection shall be afforded by
providing a minimum distance of 8
kilometers (5 miles) from all adjacent
channel TV/DTV station hypothetical or
equivalent Grade B contours (adjacent
channel frequencies based on 0 dB
protection for TV stations and ¥23 dB
for DTV stations).
*
*
*
*
*
■ 16. Section 27.70 is amended by
revising paragraphs (a) and (b)(1), and
(b)(2) to read as follows:
758–775 MHz and 788–805 MHz bands
may notify any licensee authorized to
operate in the 746–757 or 776–787 MHz
bands that they wish to receive prior
notification of the activation or
modification of the licensee’s base or
fixed stations in their area. Thereafter,
the 746–757 or 776–787 MHz band
licensee must provide the following
information to the public safety licensee
at least 10 business days before a new
base or fixed station is activated or an
existing base or fixed station is
modified:
*
*
*
*
*
(b) * * *
(1) Allow a public safety licensee to
advise the 746–757 or 776–787 MHz
band licensee whether it believes a
proposed base or fixed station will
generate unacceptable interference;
(2) Permit 746–757 and 776–787 MHz
band licensees to make voluntary
changes in base or fixed station
parameters when a public safety
licensee alerts them to possible
interference; and,
*
*
*
*
*
■ 17. Section 27.303 is amended by
revising paragraph (a) introductory text
to read as follows:
§ 27.70
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,
Information exchange.
(a) Prior notification. Public safety
licensees authorized to operate in the
VerDate Mar<15>2010
18:02 Apr 23, 2013
Jkt 229001
§ 27.303 Upper 700 MHz commercial and
public safety coordination zone.
(a) General. CMRS operators are
required, prior to commencing
operations on fixed or base station
transmitters on the 776–787 MHz band
that are located within 500 meters of
existing or planned public safety base
station receivers, to submit a description
of their proposed facility to a
Commission-approved public safety
coordinator.
*
*
*
*
*
■ 18. Section 27.501 is revised to read
as follows:
§ 27.501 746–758 MHz, 775–788 MHz, and
805–806 MHz bands subject to competitive
bidding.
Mutually exclusive initial
applications for licenses in the 746–758
MHz, 775–788 MHz, and 805–806 MHz
bands are subject to competitive
bidding. The general competitive
bidding procedures set forth in part 1,
subpart Q of this chapter will apply
unless otherwise provided in this
subpart.
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
19. The authority citation for Part 90
continues to read as follows:
■
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
24145
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.
20. Section 90.179 is amended by
revising paragraph (g) to read as follows:
■
§ 90.179
Shared use of radio stations.
*
*
*
*
*
(g) Notwithstanding paragraph (a) of
this section, licensees authorized to
operate radio systems on Public Safety
Pool frequencies designated in § 90.20
may share their facilities with Federal
Government entities on a non-profit,
cost-shared basis. Such a sharing
arrangement is subject to the provisions
of paragraphs (b), (d), and (e) of this
section, and § 2.103(c) concerning
operations in the 758–769 MHz and
788–799 MHz bands. State governments
authorized to operate radio systems
under § 90.529 may share the use of
their systems (for public safety services
not made commercially available to the
public) with any entity that would be
eligible for licensing under § 90.523 and
Federal government entities.
*
*
*
*
*
■ 21. Section 90.203 is amended by
removing paragraph (p).
■ 22. Section 90.205 is amended by
revising paragraph (j) to read as follows:
§ 90.205
Power and antenna height limits.
*
*
*
*
*
(j) 758–775 MHz and 788–805 MHz.
Power and height limitations are
specified in §§ 90.541 and 90.542.
*
*
*
*
*
■ 23. Section 90.523 is amended by
revising the introductory text and
paragraph (e) to read as follows:
§ 90.523
Eligibility.
This section implements the
definition of public safety services
contained in 47 U.S.C. 337(f)(1). The
following are eligible to hold
Commission authorizations for systems
operating in the 769–775 MHz and 799–
805 MHz frequency bands:
*
*
*
*
*
(e) A nationwide license for the 758–
769 MHz and 788–799 MHz bands shall
be issued to the First Responder
Network Authority.
■ 24. Section 90.533 is amended by
revising the introductory text and
paragraphs (a) and (c) to read as follows:
§ 90.533 Transmitting sites near the U.S./
Canada or U.S./Mexico border.
This section applies to each license to
operate one or more public safety
transmitters in the 758–775 MHz and
788–805 MHz bands, at a location or
locations North of Line A (see § 90.7) or
within 120 kilometers (75 miles) of the
U.S.-Mexico border, until such time as
E:\FR\FM\24APP1.SGM
24APP1
24146
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
agreements between the government of
the United States and the government of
Canada or the government of the United
States and the government of Mexico, as
applicable, become effective governing
border area non-broadcast use of these
bands. Public safety licenses are granted
subject to the following conditions:
(a) Public safety transmitters
operating in the 758–775 MHz and 788–
805 MHz bands must conform to the
limitations on interference to Canadian
television stations contained in
agreement(s) between the United States
and Canada for use of television
channels in the border area.
*
*
*
*
*
(c) Conditions may be added during
the term of the license, if required by
the terms of international agreements
between the government of the United
States and the government of Canada or
the government of the United States and
the government of Mexico, as
applicable, regarding non-broadcast use
of the 758–775 MHz and 788–805 MHz
bands.
■ 25. Section 90.542 is amended by
revising paragraph (a) introductory text,
paragraphs (a)(1) through (a)(7), and
paragraph (a)(8) introductory text, and
by revising Tables 1 through 4 and
paragraph (b) to read as follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 90.542
limits.
Broadband transmitting power
(a) The following power limits apply
to the 758–768/788–798 MHz band:
(1) Fixed and base stations
transmitting a signal in the 758–768
MHz band with an emission bandwidth
of 1 MHz or less must not exceed an
ERP of 1000 watts and an antenna
height of 305 m HAAT, except that
antenna heights greater than 305 m
HAAT are permitted if power levels are
reduced below 1000 watts ERP in
accordance with Table 1 of this section.
(2) Fixed and base stations located in
a county with population density of 100
or fewer persons per square mile, based
upon the most recently available
population statistics from the Bureau of
the Census, and transmitting a signal in
the 758–768 MHz band with an
emission bandwidth of 1 MHz or less
must not exceed an ERP of 2000 watts
and an antenna height of 305 m HAAT,
except that antenna heights greater than
305 m HAAT are permitted if power
levels are reduced below 2000 watts
ERP in accordance with Table 2 of this
section.
(3) Fixed and base stations
transmitting a signal in the 758–768
MHz band with an emission bandwidth
greater than 1 MHz must not exceed an
ERP of 1000 watts/MHz and an antenna
height of 305 m HAAT, except that
VerDate Mar<15>2010
18:02 Apr 23, 2013
Jkt 229001
antenna heights greater than 305 m
HAAT are permitted if power levels are
reduced below 1000 watts/MHz ERP
accordance with Table 3 of this section.
(4) Fixed and base stations located in
a county with population density of 100
or fewer persons per square mile, based
upon the most recently available
population statistics from the Bureau of
the Census, and transmitting a signal in
the 758–768 MHz band with an
emission bandwidth greater than 1 MHz
must not exceed an ERP of 2000 watts/
MHz and an antenna height of 305 m
HAAT, except that antenna heights
greater than 305 m HAAT are permitted
if power levels are reduced below 2000
watts/MHz ERP in accordance with
Table 4 of this section.
(5) Licensees of fixed or base stations
transmitting a signal in the 758–768
MHz band at an ERP greater than 1000
watts must comply with the provisions
set forth in paragraph (b).
(6) Control stations and mobile
stations transmitting in the 758–768
MHz band and the 788–799 MHz band
are limited to 30 watts ERP.
(7) Portable stations (hand-held
devices) transmitting in the 758–768
MHz band and the 788–799 MHz band
are limited to 3 watts ERP.
(8) For transmissions in the 758–768
MHz and 788–798 MHz bands, licensees
may employ equipment operating in
compliance with either of the following
measurement techniques:
*
*
*
*
*
TABLE 1—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED IN THE 758–768 MHZ BAND
TRANSMITTING A SIGNAL WITH AN
EMISSION BANDWIDTH OF 1 MHZ OR
LESS
Antenna height (AAT) in meters (feet)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
Effective radiated power
(ERP)
(watts)
65
70
TABLE 2—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 758–768
MHZ BAND TRANSMITTING A SIGNAL
WITH AN EMISSION BANDWIDTH OF 1
MHZ OR LESS
Antenna height (AAT) in meters (feet)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
Effective radiated power
(ERP)
(watts)
130
140
150
200
280
400
700
1200
2000
TABLE 3—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 758–768
MHZ BAND TRANSMITTING A SIGNAL
WITH AN EMISSION BANDWIDTH
GREATER THAN 1 MHZ
Antenna height (AAT) in meters (feet)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
75
100
140
200
350
600
1000
E:\FR\FM\24APP1.SGM
24APP1
Effective radiated power
(ERP) per
MHz (watts/
MHz)
65
70
75
100
140
200
350
600
1000
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules
TABLE 4—PERMISSIBLE POWER AND
ANTENNA HEIGHTS FOR BASE AND
FIXED STATIONS IN THE 758–768
MHZ BAND TRANSMITTING A SIGNAL
WITH AN EMISSION BANDWIDTH
GREATER THAN 1 MHZ
Effective radiated power
(ERP) per
MHz (watts/
MHz )
Antenna height (AAT) in meters (feet)
Above 1372 (4500) .................
Above 1220 (4000) To 1372
(4500) ..................................
Above 1067 (3500) To 1220
(4000) ..................................
Above 915 (3000) To 1067
(3500) ..................................
Above 763 (2500) To 915
(3000) ..................................
Above 610 (2000) To 763
(2500) ..................................
Above 458 (1500) To 610
(2000) ..................................
Above 305 (1000) To 458
(1500) ..................................
Up to 305 (1000) ....................
130
§ 90.549
140
Transmitters operated in the 758–775
MHz and 788–805 MHz frequency
bands must be of a type that have been
authorized by the Commission under its
certification procedure as required by
§ 90.203.
■ 28. Section 90.555 is amended by
revising paragraph (a) introductory text,
and revising paragraphs (b)(1) and (2)
and paragraph (c) to read as follows:
150
200
280
400
700
1200
2000
(b) For base and fixed stations
operating in the 758–768 MHz band in
accordance with the provisions of
paragraph (a)(5) of this section, the
power flux density that would be
produced by such stations through a
combination of antenna height and
vertical gain pattern must not exceed
3000 microwatts per square meter on
the ground over the area extending to 1
km from the base of the antenna
mounting structure.
■ 26. Section 90.543 is amended by
revising the introductory paragraph and
revising paragraphs (e) and (f) to read as
follows:
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 90.543
Emission limitations.
Transmitters designed to operate in
769–775 MHz and 799–805 MHz
frequency bands must meet the
emission limitations in paragraphs (a)
through (d) of this section. Transmitters
operating in 758–768 MHz and 788–798
MHz bands must meet the emission
limitations in (e) of this section.
*
*
*
*
*
(e) For operations in the 758–768
MHz and the 788–798 MHz bands, the
power of any emission outside the
licensee’s frequency band(s) of
operation shall be attenuated below the
transmitter power (P) within the
licensed band(s) of operation, measured
in watts, in accordance with the
following:
*
*
*
*
*.
(f) For operations in the 758–775 MHz
and 788–805 MHz bands, all emissions
including harmonics in the band 1559–
1610 MHz shall be limited to –70 dBW/
VerDate Mar<15>2010
18:02 Apr 23, 2013
MHz equivalent isotropically radiated
power (EIRP) for wideband signals, and
–80 dBW EIRP for discrete emissions of
less than 700 Hz bandwidth. For the
purpose of equipment authorization, a
transmitter shall be tested with an
antenna that is representative of the
type that will be used with the
equipment in normal operation.
*
*
*
*
*
■ 27. Section 90.549 is revised to read
as follows:
Jkt 229001
§ 90.555
Transmitter certification.
Information exchange.
(a) Prior notification. Public safety
licensees authorized to operate in the
758–775 MHz and 788–805 MHz bands
may notify any licensee authorized to
operate in the 746–757 MHz or 776–787
MHz bands that they wish to receive
prior notification of the activation or
modification of the licensee’s base or
fixed stations in their area. Thereafter,
the 746–757 MHz or 776–787 MHz band
licensee must provide the following
information to the public safety licensee
at least 10 business days before a new
base or fixed station is activated or an
existing base or fixed station is
modified:
*
*
*
*
*
(b) * * *
(1) Allow a public safety licensee to
advise the 746–757 or 776–787 MHz
band licensee whether it believes a
proposed base or fixed station will
generate unacceptable interference;
(2) Permit 746–757 and 776–787 MHz
band licensees to make voluntary
changes in base or fixed station
parameters when a public safety
licensee alerts them to possible
interference; and,
*
*
*
*
*
(c) Public Safety Information
Exchange. (1) Upon request by a 746–
757 or 776–787 MHz band licensee,
public safety licensees authorized to
operate radio systems in the 758–775
and 788–805 MHz bands shall provide
the operating parameters of their radio
system to the 746–757 or 776–787 MHz
band licensee.
(2) Public safety licensees who
perform the information exchange
described in this section must notify the
PO 00000
Frm 00047
Fmt 4702
Sfmt 9990
24147
appropriate 746–757 or 776–787 MHz
band licensees prior to any technical
changes to their radio system.
[FR Doc. 2013–08811 Filed 4–23–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 02–60; Report No. 2974]
Petition for Reconsideration of Action
in a Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for reconsideration.
AGENCY:
In this document, a Petition
for Reconsideration and Clarification
(Petition) has been filed in the
Commission’s rulemaking proceeding
by Kevin Rupy on behalf of United
States Telecom Association.
DATES: Oppositions to the Petition must
be filed on or before May 9, 2013.
Replies to an opposition must be filed
on or before May 20, 2013.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Linda Oliver, Wireline Competition
Bureau, at (202) 418–1732 or TTY (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of Commission’s document,
Report No. 2974, released April 17,
2013. The full text of Report No. 2974
is available for viewing and copying in
Room CY–B402, 445 12th Street SW.,
Washington, DC or may be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc. (BCPI) (1
(800) 378–3160). The Commission will
not send a copy of this Notice pursuant
to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A), because this Notice
does not have an impact on any rules of
particular applicability.
Subject: Rural Health Care Support
Mechanism, Petition for
Reconsideration and Clarification of the
United States Telecom Association,
published at 78 FR 13936, March 1,
2013 in WC Docket No. 02–60, and
published pursuant to 47 CFR 1.429(e).
See also 1.4(b)(1) of the Commission’s
rules.
Number of Petitions Filed: 1.
SUMMARY:
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2013–09601 Filed 4–23–13; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\24APP1.SGM
24APP1
]]>Agencies
[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Proposed Rules]
[Pages 24138-24147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08811]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 27 and 90
[PS Docket No. 12-94; PS Docket No. 06-229; and WT Docket No. 06-150;
FCC 13-31]
Implementing Public Safety Broadband Provisions of the Middle
Class Tax Relief and Job Creation Act of 2012
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) sought comment on certain proposals to implement
provisions of the Middle Class Tax Relief and Job Creation Act of 2012
(Public Safety Spectrum Act) governing deployment of a nationwide
public safety broadband network in the 700 MHz band under a nationwide
license issued to the First Responder Network Authority (FirstNet). In
particular, the Commission considered the adoption of initial rules to
protect against harmful radio frequency interference in the spectrum
designated for public safety services, as well as other matters related
to FirstNet's license and to facilitating the transition directed under
the Public Safety Spectrum Act. The proposals considered in the
document are intended to provide a solid foundation for FirstNet's
operations, taking into account FirstNet's need for flexibility in
carrying out its statutory duties under the Public Safety Spectrum Act
to establish a nationwide public safety broadband network.
DATES: Submit comments on or before May 24, 2013. Submit reply comments
on or before June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Gene Fullano, Federal Communications
Commission, Public Safety and Homeland Security Bureau, 445 12th Street
SW., Room 7-C747, Washington, DC 20554. Telephone: (202)-418-0492,
email: genaro.fullano@fcc.gov.
SUPPLEMENTARY INFORMATION: In the Notice of Proposed Rulemaking (NPRM),
FCC 13-31, adopted March 7, 2013, and released March 8, 2013, the
Commission seeks comment on certain proposals to implement provisions
of the Middle Class Tax Relief and Job Creation Act of 2012 (``Public
Safety Spectrum Act'' or ``Act'') \1\ governing deployment of a
nationwide public safety broadband network in the 700 MHz band under a
nationwide license issued to the FirstNet. The NPRM addresses technical
service rules for the new public safety broadband network to be
established pursuant to the Public Safety Spectrum Act. It then
considers the Commission's statutory responsibilities as they relate to
oversight of FirstNet. Finally, it addresses different classes of
incumbents now occupying portions of the spectrum licensed to FirstNet.
These proposals are based on the Commission's established authority
under the Communications Act to regulate use of the spectrum consistent
with the public interest, convenience and necessity, including the
authority to prescribe power limits and prevent interference between
stations licensed by the Commission,\2\ as well as its licensing
authority over FirstNet provided by the Public Safety Spectrum Act,\3\
and its authority under that Act ``to take all actions necessary to
facilitate the transition'' of the existing public safety broadband
spectrum to FirstNet.
---------------------------------------------------------------------------
\1\ See Middle Class Tax Relief and Job Creation Act of 2012,
Public Law 112-96, 126 Stat. 156 (2012).
\2\ See, e.g., 47 U.S.C. 303(c), 303(e)-(g), 303(r), 337(d). See
also id. sec. 151, 154(i).
\3\ See Public Safety Spectrum Act 6201(a)-(b).
---------------------------------------------------------------------------
[[Page 24139]]
The Notice of Proposed Rulemaking is available at https://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0308/FCC-13-31A1.pdf.
Procedural Matters
Paperwork Reduction Act
The Notice of Proposed Rulemaking does not contain proposed
information collection(s) subject to the Paperwork Reduction Act of
1995 (PRA), Public Law 104-13. In addition, therefore, it does not
contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4)INITIAL
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA),\4\ the
Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in this Notice of Proposed
Rulemaking (Notice). Written public comments are requested on this
IRFA. Comments must be identified as responses to the IRFA and must be
filed by the deadlines for comments provided in this NPRM. The
Commission will send a copy of this Notice, including this IRFA, to the
Chief Counsel for Advocacy of the Small Business Administration
(SBA).\5\ In addition, the NPRM and IRFA (or summaries thereof) will be
published in the Federal Register.\6\
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. Sec. 601 et. seq.,
has been amended by the Contract With America Advancement Act of
1996, Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
the CWAAA is the Small Business Regulatory Enforcement Fairness Act
of 1996 (SBREFA).
\5\ See 5 U.S.C. 603(a).
\6\ See id.
---------------------------------------------------------------------------
A. Need for, and Objectives of, the Proposed Rules
The Notice of Proposed Rulemaking (NPRM) seeks comment on proposals
to implement provisions of the Middle Class Tax Relief and Job Creation
Act of 2012 (``Public Safety Spectrum Act'' or ``Act'') \7\ governing
deployment of a nationwide public safety broadband network in the 700
MHz band.
---------------------------------------------------------------------------
\7\ Middle Class Tax Relief and Job Creation Act of 2012, Public
Law 112-96, 126 Stat. 156 (2012).
---------------------------------------------------------------------------
The Public Safety Spectrum Act establishes the First Responder
Network Authority (FirstNet) to oversee the construction and operation
of this network as licensee of both the existing public safety
broadband spectrum (763-769/793-799 MHz) and the spectrally adjacent D
Block spectrum (758-763/788-793 MHz).\8\ The Act directs the Federal
Communications Commission (FCC or Commission) to reallocate the D Block
for public safety services,\9\ to license the D Block and the existing
public safety broadband spectrum to FirstNet \10\ and to take other
actions necessary to ``facilitate the transition'' of such existing
spectrum to FirstNet.\11\
---------------------------------------------------------------------------
\8\ See id. sec. 6204.
\9\ See id. sec. 6101.
\10\ See id. sec. 6201(a).
\11\ See id. sec. 6201(c).
---------------------------------------------------------------------------
Proposals in the NPRM are intended to provide a solid foundation
for FirstNet's operations, taking into account FirstNet's need for
flexibility in carrying out its statutory duties under the Public
Safety Spectrum Act to establish a nationwide public safety broadband
network.
This NPRM seeks comment in three areas. First, we address technical
service rules for the new public safety broadband network to be
established pursuant to the Public Safety Spectrum Act. We next seek
comment on the exercise of the Commission's statutory responsibilities
as they relate to oversight of FirstNet's operations. Finally, we seek
comment on the transition of different classes of incumbents now
occupying portions of the spectrum to be licensed to FirstNet. These
proposals are based on our established authority under the
Communications Act to regulate use of the spectrum consistent with the
public interest, convenience and necessity, including the authority to
prescribe power limits and prevent interference between stations
licensed by the Commission,\12\ as well as our licensing authority over
FirstNet provided by the Public Safety Spectrum Act,\13\ and our
authority under the Public Safety Spectrum Act ``to take all actions
necessary to facilitate the transition'' of the existing public safety
broadband spectrum to FirstNet.\14\ We seek comment on the scope of our
authority as it relates to these proposals, and how such authority can
most appropriately accommodate the Public Safety Spectrum Act's
delegation to FirstNet of the responsibility to develop ``the technical
and operational requirements of the network.'' \15\ In offering these
proposals, we acknowledge the crucial importance of FirstNet's endeavor
and its need for flexibility in carrying out its obligations under the
Public Safety Spectrum Act.
---------------------------------------------------------------------------
\12\ See, e.g., 47 U.S.C. 303(c), 303(e)-(g), 303(r), 337(d).
See also id. sec.151, 154(i).
\13\ See Public Safety Spectrum Act sec. 6201(a)-(b). See also
id. sec. 6206(b)(3) (requiring rural coverage milestones for
FirstNet, ``consistent with the license granted under section
6201'').
\14\ See Public Safety Spectrum Act sec. 6201(c). See also id.
Sec. 6213 (authority of Commission to ``take any action necessary to
assist [FirstNet] in effectuating its duties and responsibilities''
under Public Safety Spectrum Act).
\15\ See id. sec. 6206(c)(1)(B).
---------------------------------------------------------------------------
B. Legal Basis
The proposed action is authorized under Sections 1, 2, 4(i), 5(c),
7, 301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332,
333, 336, 337 and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 152, 154(i), 155(c), 157, 301, 302, 303, 307, 308, 309,
310, 311, 314, 316, 319, 324, 332, 333, 336, 337 and 403, and the
Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-
96, 126 Stat. 156 (2012).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of, and, where
feasible, an estimate of, the number of small entities that may be
affected by the rules adopted herein.\16\ The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' \17\ In addition, the term ``small business'' has the
same meaning as the term ``small business concern'' under the Small
Business Act.\18\ 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'').\19\ Below, we further describe
and estimate the number of small entity licensees and regulatees that
may be affected by the rules changes we propose in this NPRM.
---------------------------------------------------------------------------
\16\ 5 U.S.C. 604(a)(3).
\17\ 5 U.S.C. 601(6).
\18\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.'' 5 U.S.C. 601(3).
\19\ 15 U.S.C. 632.
---------------------------------------------------------------------------
As an initial matter, we observe that the Public Safety Spectrum
Act does not contemplate that ``small governmental jurisdictions''
would be directly authorized to serve as operators of their own 700 MHz
public safety broadband networks. Rather, the Spectrum Act
[[Page 24140]]
charges a single entity, FirstNet, with constructing, operating and
maintaining a 700 MHz public safety broadband network on a nationwide
basis.\20\ Accordingly, the technical service rules and other
requirements the NPRM proposes or considers for the combined 700 MHz
public safety broadband spectrum--in which FirstNet will operate on a
nationwide basis--will not directly affect a substantial number of
small entities. The absence of a direct effect on a substantial number
of small entities suggests that it is not necessary to prepare a
regulatory flexibility analysis in connection with these proposed
requirements.\21\
---------------------------------------------------------------------------
\20\ See Spectrum Act Sec. 6206(b). The statute contemplates
that portions of the network may be deployed by State governments,
see Spectrum Act 6302(e), which are categorically excluded from the
definition of ``small governmental jurisdictions'' for purposes of
RFA.
\21\ See, e.g., Mid-Tex Elec. Co-op., Inc. v. F.E.R.C., 773 F.2d
327, 334 (DC Cir. 1985).
---------------------------------------------------------------------------
Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. Our action may, over time, affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three comprehensive, statutory small entity size
standards.\22\ First, nationwide, there are a total of approximately
27.5 million small businesses, according to the SBA.\23\ In addition, a
``small organization'' is generally ``any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.'' \24\ Nationwide, as of 2007, there were approximately 1,
621,315 small organizations.\25\ Finally, the term ``small governmental
jurisdiction'' is defined generally as ``governments of cities, towns,
townships, villages, school districts, or special districts, with a
population of less than fifty thousand.'' \26\ Census Bureau data for
2011 indicate that there were 89,476 local governmental jurisdictions
in the United States.\27\ We estimate that, of this total, as many as
88, 506 entities may qualify as ``small governmental jurisdictions.''
\28\ Thus, we estimate that most governmental jurisdictions are small.
---------------------------------------------------------------------------
\22\ See 5 U.S.C. 601(3)-(6).
\23\ See SBA, Office of Advocacy, ``Frequently Asked
Questions,'' web.sba.gov/faqs (last visited May 6,2011; figures are
from 2009).
\24\ 5 U.S.C. 601(4).
\25\ Independent Sector, The New Nonprofit Almanac & Desk
Reference (2010).
\26\ 5 U.S.C. 601(5).
\27\ U.S. Census Bureau, Statistical Abstract of the United
States: 2011, Table 427 (2007).
\28\ The 2007 U.S Census data for small governmental
organizations indicate that there were 89, 476 ``Local Governments''
in 2007. (U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED
STATES 2011, Table 428.) The criterion by which the size of such
local governments is determined to be small is a population of
50,000. However, since the Census Bureau does not specifically apply
that criterion, it cannot be determined with precision how many of
such local governmental organizations is small. Nonetheless, the
inference seems reasonable that substantial number of these
governmental organizations has a population of less than 50, 000. To
look at Table 428 in conjunction with a related set of data in Table
429 in the Census's Statistical Abstract of the U.S., that inference
is further supported by the fact that in both Tables, many entities
that may well be small are included in the 89,476 local governmental
organizations, e.g. county, municipal, township and town, school
district and special district entities. Measured by a criterion of a
population of 50,000 many specific sub-entities in this category
seem more likely than larger county-level governmental organizations
to have small populations. Accordingly, of the 89,746 small
governmental organizations identified in the 2007 Census, the
Commission estimates that a substantial majority is small.
---------------------------------------------------------------------------
Public Safety Radio Licensees. As a general matter, Public Safety
Radio Pool licensees include police, fire, local government, forestry
conservation, highway maintenance, and emergency medical services.\29\
Because of the vast array of public safety licensees, the Commission
has not developed a small business size standard specifically
applicable to public safety licensees. The SBA rules contain a
definition for Wireless Telecommunications Carriers (except Satellite)
which encompasses business entities engaged in radiotelephone
communications employing no more that 1,500 persons.\30\ With respect
to local governments, in particular, since many governmental entities
comprise the licensees for these services, we include under public
safety services the number of government entities affected. According
to Commission records, there are a total of approximately 133,870
licenses within these services.\31\ There are 2,442 licenses in the 4.9
GHz band, based on an FCC Universal Licensing System search of May 23,
2012.\32\ We estimate that fewer than 2,442 public safety radio
licensees hold these licenses because certain entities may have
multiple licenses.
---------------------------------------------------------------------------
\29\ See subparts A and B of Part 90 of the Commission's Rules,
47 CFR 90.1-90.22. Police licensees serve state, county, and
municipal enforcement through telephony (voice), telegraphy (code),
and teletype and facsimile (printed material). Fire licensees are
comprised of private volunteer or professional fire companies, as
well as units under governmental control. Public Safety Radio Pool
licensees also include state, county, or municipal entities that use
radio for official purposes. State departments of conservation and
private forest organizations comprise forestry service licensees
that set up communications networks among fire lookout towers and
ground crews. State and local governments are highway maintenance
licensees that provide emergency and routine communications to aid
other public safety services to keep main roads safe for vehicular
traffic. Emergency medical licensees use these channels for
emergency medical service communications related to the delivery of
emergency medical treatment. Additional licensees include medical
services, rescue organizations, veterinarians, persons with
disabilities, disaster relief organizations, school buses, beach
patrols, establishments in isolated areas, communications standby
facilities, and emergency repair of public communications
facilities.
\30\ See 13 CFR 121.201, NAICS code 517210.
\31\ This figure was derived from Commission licensing records
as of June 27, 2008. Licensing numbers change on a daily basis. We
do not expect this number to be significantly smaller today. This
does not indicate the number of licensees, as licensees may hold
multiple licenses. There is no information currently available about
the number of public safety licensees that have less than 1,500
employees.
\32\ Based on an FCC Universal Licensing System search of May
23, 2012. Search parameters: Radio Service = PA--Public Safety 4940-
4990 MHz Band; Authorization Type = Regular; Status = Active.
---------------------------------------------------------------------------
Regional Planning Committees. Neither the Commission nor the SBA
has developed a small business size standard specifically applicable to
Regional Planning Committees (RPCs) and the National Regional Planning
Council (NRPC). As described by the NRPC, ``[t]he National Regional
Planning Council (NRPC) is an advocacy body formed in 2007 that
supports public safety communications spectrum management by Regional
Planning Committees (RPC) in the 700 MHz and 800 MHz NPSPAC public
safety spectrum as required by the Federal Communications Commission.''
\33\ The NRPC states that ``Regional Planning Committees consist of
public safety volunteer spectrum planners and members that dedicate
their time, in addition to the time spent in their regular positions,
to coordinate spectrum efficiently and effectively for the purpose of
making it available to public safety agency applicants in their
respective region.'' \34\ There are 54 formed RPCs and one unformed
RPC.\35\ The Commission has not developed a small business size
standard specifically applicable to RPCs and the NRPC. The SBA rules,
however, contain a definition for Wireless Telecommunications Carriers
(except Satellite) which encompasses business entities engaged in
radiotelephone communications employing no more that 1,500 persons.\36\
Under this category and size standard, we estimate that all of the RPCs
and the NRPC can be considered small.
---------------------------------------------------------------------------
\33\ See Petition for Rulemaking to allow Aircraft voice
operations on Secondary Trunking Channels in the 700 MHz band, RM-
11433, Comments of the National Regional Planning Council at 1
(filed July 15, 2011).
\34\ Id.
\35\ See https://publicsafety.fcc.gov/pshs/public-safety-spectrum/700-MHz/rpc-map.htm.
\36\ See 13 CFR 121.201, NAICS code 517210.
---------------------------------------------------------------------------
Radio and Television Broadcasting and Wireless Communications
[[Page 24141]]
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.'' \37\ 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.\38\ Thus, under that size standard,
the majority of firms can be considered small.
---------------------------------------------------------------------------
\37\ The NAICS Code for this service 334220. See 13 C.F.R 121/
201. See also https://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en
\38\ See https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en.
---------------------------------------------------------------------------
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
The two segments of the spectrum that will be licensed to
FirstNet--the D Block and the existing public safety broadband
spectrum--are currently regulated under separate FCC rule parts, Parts
27 and 90. The NPRM proposes the development of a unified set of
technical service rules to govern this spectrum, largely by
consolidating under Part 90 the requirements applicable to both
segments. Because FirstNet will be the nationwide licensee of this
spectrum, it will be primarily responsible on a nationwide basis for
ensuring compliance with any such requirements that are ultimately
adopted. Accordingly, we do not believe that these requirements would
have a significant economic impact on a substantial number of small
entities.
The NPRM also considers establishing certification requirements for
equipment operated in the combined public safety broadband spectrum.
These requirements would be applicable to entities, such as RF
equipment manufacturers, seeking to certify equipment for operation in
this spectrum. We observe that equipment certification is a
longstanding Commission practice, widely applicable to equipment
marketed for operation in radiospectrum licensed by the Commission. Any
certification requirements adopted pursuant to the NPRM are unlikely to
depart significantly from current practice. In fact, a primary purpose
of the certification requirements proposed in the NPRM is to
consolidate under a common Part 90 rule provision existing requirements
that separately govern the D Block and the public safety broadband
spectrum. Such rules are unlikely to have a significant adverse
economic impact on any small entities, much less a substantial number
of them.
The NPRM also considers rules to govern the transition of incumbent
narrowband, wideband and commercial systems currently authorized to
operate in the spectrum to be licensed to FirstNet. With respect to the
first category only, there may arguably be a significant number of
small entities currently operating.\39\ In considering various
transition options--including relocation of existing operations at the
operators' expense--the NPRM seeks comment on ways to minimize the
economic burden on incumbent operators. The NPRM seeks comment on
whether FirstNet or some third party source could fund relocation,
thereby relieving any incumbent small entities of this potentially
substantial economic burden. It also seeks comment on whether FirstNet
could accommodate incumbent narrowband operations within a portion of
its licensed spectrum, either indefinitely or on a transitional basis.
We seek comment in this IRFA on whether there are additional steps the
Commission should take to minimize any economic burden its proposals
might create for small entities operating narrowband systems in the
spectrum to be licensed to FirstNet.
---------------------------------------------------------------------------
\39\ In addition to a number of state governments, an estimated
twenty-five cities and counties are authorized to operate narrowband
or wideband networks in the existing public safety broadband
spectrum. Of these, we estimate that only a small number would
qualify as ``small government jurisdictions.'' We nevertheless
consider means of minimizing the economic impact that proposals
adopted pursuant to the NPRM might create for such jurisdictions.
---------------------------------------------------------------------------
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in developing its 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 and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.'' \40\
---------------------------------------------------------------------------
\40\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------
As an initial matter, we find that one possible alternative--to
refrain from pursuing the adoption of rules in Docket 12-94--is
untenable given the clear directives of the Public Safety Spectrum Act
regarding reallocation of the D Block and the licensing of spectrum to
FirstNet. This NPRM is necessary to ensure that a solid regulatory
foundation is in place to support FirstNet's operations under the Act.
We also do not believe it would be tenable to establish differing
requirements for small entities or to exempt such entities from rules
adopted pursuant to the NPRM. Given the importance of ensuring that the
public safety broadband network is technically and operationally viable
on a nationwide basis, it is important that network be governed by a
common set of rules and requirements.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
1. None.
List of Subjects
47 CFR Part 1
Administrative practice and procedure, Civil rights, Claims,
Communications common carriers, Cuba, Drug abuse, Environmental impact
statements, Equal access to justice, Equal employment opportunity,
Federal buildings and facilities, Government employees, Income taxes,
Indemnity payments, Individuals with disabilities, Investigations,
Lawyers, Metric system, Penalties, Radio, Reporting and recordkeeping
requirements, Satellites, Telecommunications, Television, Wages.
[[Page 24142]]
47 CFR Part 2
Communications equipment, Disaster assistance, Imports, Radio,
Reporting and recordkeeping requirements, Telecommunications,
Television, Wiretapping and electronic surveillance.
47 CFR Part 27
Communications common carriers, Radio.
47 CFR Part 90
Administrative practice and procedure, Business and industry, Civil
defense, Common carriers, Communications equipment, Emergency medical
services, Individuals with disabilities, Radio, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 1, 2, 27 and
90 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 227, 303(r), and 309, Cable Landing License Act of
1921, 47 U.S.C. 35-39, and the Middle Class Tax Relief and Job
Creation Act of 2012, Pub. L. 112-96.
0
2. Section 1.9005 is amended by revising paragraph (k) to read as
follows:
Sec. 1.9005 Included services.
* * * * *
(k) The Wireless Communications Service in the 746-758 MHz, 775-788
MHz, and 805-806 MHz bands (part 27 of this chapter);
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
3. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302(a), 303, and 336, unless otherwise
noted.
0
4. Section 2.103 is amended by revising paragraphs (a) introductory
text and paragraph (c) to read as follows:
Sec. 2.103 Federal Use of non-Federal frequencies.
(a) Federal stations may be authorized to use non-Federal
frequencies in the bands above 25 MHz (except the 758-775 MHz and 788-
805 MHz public safety bands) if the Commission finds that such use is
necessary for coordination of Federal and non-Federal activities:
Provided, however, that:
* * * * *
(c) Federal stations may be authorized by the First Responder
Network Authority to use channels in the 758-769 MHz and 788-799 MHz
public safety bands.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
5. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
and 337 unless otherwise noted.
0
6. Section 27.6 is amended by revising paragraph (b) introductory text
to read as follows:
Sec. 27.6 Service Areas.
* * * * *
(b) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. WCS service
areas for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands are as
follows:
* * * * *
0
7. Section 27.11 is amended by revising paragraph (c) introductory text
to read as follows:
Sec. 27.11 Initial authorization.
* * * * *
(c) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. Initial
authorizations for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands
shall be for paired channels of 1, 5, 6, or 11 megahertz of spectrum in
accordance with Sec. 27.5(b).
* * * * *
0
8. Section 27.13 is amended by revising the first sentence in paragraph
(b) to read as follows:
Sec. 27.13 License Period.
* * * * *
(b) 698-758 MHz and 776-788 MHz bands. Initial authorizations for
the 698-758 MHz and 776-788 MHz bands will extend for a term not to
exceed ten years from February 17, 2009, except that initial
authorizations for a Part 27 licensee that provides broadcast services,
whether exclusively or in combination with other services, will not
exceed eight years. * * *
* * * * *
0
9. Section 27.14 is amended by revising the first sentence in
paragraphs (a), and (e), and removing paragraphs (m) and (n), and
redesignating paragraphs (o) and (p) as paragraphs (m) and (n) to read
as follows:
Sec. 27.14 Construction requirements; Criteria for Renewal.
(a) AWS and WCS licensees, with the exception of WCS licensees
holding authorizations for Block A in the 698-704 MHz and 728-734 MHz
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the
722-728 MHz band, Block C, C1 or C2 in the 746-757 MHz and 776-787 MHz
bands, Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in
the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz
band, and Block D in the 2345-2350 MHz band, must, as a performance
requirement, make a showing of ``substantial service'' in their license
area within the prescribed license term set forth in Sec. 27.13.* * *
* * * * *
(e) Comparative renewal proceedings do not apply to WCS licensees
holding authorizations for Block A in the 698-704 MHz and 728-734 MHz
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block C in the
710-716 MHz and 740-746 MHz bands, Block D in the 716-722 MHz band,
Block E in the 722-728 MHz band, or Block C, C1 or C2 in the 746-757
MHz and 776-787 MHz bands. * * *
* * * * *
0
10. Section 27.15 is amended by revising the first sentence in
paragraphs (d)(1)(i) and (d)(2)(i) to read as follows:
Sec. 27.15 Geographic partitioning and spectrum disaggregation.
* * * * *
(d) * * *
(1) * * *
(i) Except for WCS licensees holding authorizations for Block A in
the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1,
and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
apply to WCS and AWS licensees holding authorizations for purposes of
implementing the construction requirements set forth in Sec. 27.14. *
* *
* * * * *
(2) * * *
(i) Except for WCS licensees holding authorizations for Block A in
the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and
734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1,
and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules
apply to WCS and AWS licensees holding authorizations for purposes for
purposes
[[Page 24143]]
of implementing the construction requirements set forth in Sec.
27.14.* * *
* * * * *
11. Section 27.50 is amended by revising paragraph (b) introductory
text, paragraphs (b)(1) through (b)(7), (b)(7)(i), (b)(8) through
(b)(10), (b)(12), (c)(5)(i), and the headings to Table 1 through Table
4 at the end of the section to read as follows:
Sec. 27.50 Power limits and duty cycle.
* * * * *
(b) The following power and antenna height limits apply to
transmitters operating in the 746-758 MHz, 775-788 MHz and 805-806 MHz
bands:
(1) * * *
(2) Fixed and base stations transmitting a signal in the 746-757
MHz and 776-787 MHz bands with an emission bandwidth of 1 MHz or less
must not exceed an ERP of 1000 watts and an antenna height of 305 m
HAAT, except that antenna heights greater than 305 m HAAT are permitted
if power levels are reduced below 1000 watts ERP in accordance with
Table 1 of this section.
(3) Fixed and base stations located in a county with population
density of 100 or fewer persons per square mile, based upon the most
recently available population statistics from the Bureau of the Census,
and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with
an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000
watts and an antenna height of 305 m HAAT, except that antenna heights
greater than 305 m HAAT are permitted if power levels are reduced below
2000 watts ERP in accordance with Table 2 of this section.
(4) Fixed and base stations transmitting a signal in the 746-757
MHz and 776-787 MHz bands with an emission bandwidth greater than 1 MHz
must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m
HAAT, except that antenna heights greater than 305 m HAAT are permitted
if power levels are reduced below 1000 watts/MHz ERP accordance with
Table 3 of this section.
(5) Fixed and base stations located in a county with population
density of 100 or fewer persons per square mile, based upon the most
recently available population statistics from the Bureau of the Census,
and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with
an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000
watts/MHz and an antenna height of 305 m HAAT, except that antenna
heights greater than 305 m HAAT are permitted if power levels are
reduced below 2000 watts/MHz ERP in accordance with Table 4 of this
section.
(6) Licensees of fixed or base stations transmitting a signal in
the 746-757 MHz and 776-787 MHz bands at an ERP greater than 1000 watts
must comply with the provisions set forth in paragraph (b)(8) and Sec.
27.55(c).
(7) Licensees seeking to operate a fixed or base station located in
a county with population density of 100 or fewer persons per square
mile, based upon the most recently available population statistics from
the Bureau of the Census, and transmitting a signal in the 746-757 MHz
and 776-787 MHz bands at an ERP greater than 1000 watts must:
(i) Coordinate in advance with all licensees authorized to operate
in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120
kilometers (75 miles) of the base or fixed station;
* * * * *
(8) Licensees authorized to transmit in the 746-757 MHz and 776-787
MHz bands and intending to operate a base or fixed station at a power
level permitted under the provisions of paragraph (b)(6) of this
section must provide advanced notice of such operation to the
Commission and to licensees authorized in their area of operation.
Licensees who must be notified are all licensees authorized to operate
in the 758-775 MHz and 788-805 MHz bands under Part 90 of this chapter
within 75 km of the base or fixed station and all regional planning
committees, as identified in Sec. 90.527 of this chapter, with
jurisdiction within 75 km of the base or fixed station. Notifications
must provide the location and operating parameters of the base or fixed
station, including the station's ERP, antenna coordinates, antenna
height above ground, and vertical antenna pattern, and such
notifications must be provided at least 90 days prior to the
commencement of station operation.
(9) Control stations and mobile stations transmitting in the 746-
757 MHz, 776-788 MHz, and 805-806 MHz bands and fixed stations
transmitting in the 787-788 MHz and 805-806 MHz bands are limited to 30
watts ERP.
(10) Portable stations (hand-held devices) transmitting in the 746-
757 MHz, 776-788 MHz, and 805-806 MHz bands are limited to 3 watts ERP.
* * * * *
(12) For transmissions in the 746-757 and 776-787 MHz bands,
licensees may employ equipment operating in compliance with either the
measurement techniques described in paragraph (b)(11) or a Commission-
approved average power technique. In both instances, equipment employed
must be authorized in accordance with the provisions of 27.51.
(c) * * *
* * * * *
(5) * * *
(i) Coordinate in advance with all licensees authorized to operate
in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120
kilometers (75 miles) of the base or fixed station;
* * * * *
Table 1--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 757-758 and 775-776 MHz Bands and for Base and Fixed
Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
With an Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
(watts)
------------------------------------------------------------------------
Above 1372 (4500)......................................... 65
Above 1220 (4000) To 1372 (4500).......................... 70
Above 1067 (3500) To 1220 (4000).......................... 75
Above 915 (3000) To 1067 (3500)........................... 100
Above 763 (2500) To 915 (3000)............................ 140
Above 610 (2000) To 763 (2500)............................ 200
Above 458 (1500) To 610 (2000)............................ 350
Above 305 (1000) To 458 (1500)............................ 600
Up to 305 (1000).......................................... 1000
------------------------------------------------------------------------
Table 2--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
With an Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
(watts)
------------------------------------------------------------------------
Above 1372 (4500)......................................... 130
Above 1220 (4000) To 1372 (4500).......................... 140
Above 1067 (3500) To 1220 (4000).......................... 150
Above 915 (3000) To 1067 (3500)........................... 200
Above 763 (2500) To 915 (3000)............................ 280
Above 610 (2000) To 763 (2500)............................ 400
Above 458 (1500) To 610 (2000)............................ 700
[[Page 24144]]
Above 305 (1000) To 458 (1500)............................ 1200
Up to 305 (1000).......................................... 2000
------------------------------------------------------------------------
Table 3--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
With an Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
per MHz
(watts/MHz)
------------------------------------------------------------------------
Above 1372 (4500)......................................... 65
Above 1220 (4000) To 1372 (4500).......................... 70
Above 1067 (3500) To 1220 (4000).......................... 75
Above 915 (3000) To 1067 (3500)........................... 100
Above 763 (2500) To 915 (3000)............................ 140
Above 610 (2000) To 763 (2500)............................ 200
Above 458 (1500) To 610 (2000)............................ 350
Above 305 (1000) To 458 (1500)............................ 600
Up to 305 (1000).......................................... 1000
------------------------------------------------------------------------
Table 4--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
With an Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
per MHz
(watts/MHz )
------------------------------------------------------------------------
Above 1372 (4500)......................................... 130
Above 1220 (4000) To 1372 (4500).......................... 140
Above 1067 (3500) To 1220 (4000).......................... 150
Above 915 (3000) To 1067 (3500)........................... 200
Above 763 (2500) To 915 (3000)............................ 280
Above 610 (2000) To 763 (2500)............................ 400
Above 458 (1500) To 610 (2000)............................ 700
Above 305 (1000) To 458 (1500)............................ 1200
Up to 305 (1000).......................................... 2000
------------------------------------------------------------------------
0
12. Section 27.53 is amended by removing paragraph (d), redesignating
paragraphs (e) through (n) as paragraphs (d) through (m), and revising
newly redesignated paragraphs (d), (1) and (2) and (e) to read as
follows:
Sec. 27.53 Emission limits.
* * * * *
(d) For operations in the 775-776 MHz and 805-806 MHz bands,
transmitters must comply with either paragraphs (d)(1) through (5) of
this section or the ACP emission limitations set forth in paragraphs
(d)(6) to (d)(9) of this section.
(1) On all frequencies between 758 to 775 MHz and 788 to 805 MHz,
the power of any emission outside the licensee's frequency bands of
operation shall be attenuated below the transmitter power (P) within
the licensed band(s) of operation, measured in watts, by a factor not
less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and
fixed stations;
(2) On all frequencies between 758 to 775 MHz and 788 to 805 MHz,
the power of any emission outside the licensee's frequency bands of
operation shall be attenuated below the transmitter power (P) within
the licensed band(s) of operation, measured in watts, by a factor not
less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and
portable stations;
* * * * *
(e) For operations in the 746-758 MHz, 775-788 MHz, and 805-806 MHz
bands, emissions in the band 1559-1610 MHz shall be limited to -70 dBW/
MHz equivalent isotropically radiated power (EIRP) for wideband
signals, and -80 dBW EIRP for discrete emissions of less than 700 Hz
bandwidth. For the purpose of equipment authorization, a transmitter
shall be tested with an antenna that is representative of the type that
will be used with the equipment in normal operation.
* * * * *
0
13. Section 27.55 is amended by revising paragraph (c) to read as
follows:
Sec. 27.55 Power strength limits.
* * * * *
(c) Power flux density limit for stations operating in the 746-757
MHz and 776-787 MHz bands. For base and fixed stations operating in the
746-757 MHz and 776-787 MHz bands in accordance with the provisions of
Sec. 27.50(b)(6), the power flux density that would be produced by
such stations through a combination of antenna height and vertical gain
pattern must not exceed 3000 microwatts per square meter on the ground
over the area extending to 1 km from the base of the antenna mounting
structure.
0
14. Section 27.57 is amended by revising paragraph (b) to read as
follows:
Sec. 27.57 International coordination.
* * * * *
(b) Operation in the 698-758 MHz, 775-788 MHz, and 805-806 MHz
bands is subject to international agreements between Mexico and Canada.
Unless otherwise modified by international treaty, licenses must not
cause interference to, and must accept harmful interference from,
television broadcast operations in Mexico and Canada.
* * * * *
0
15. Section 27.60 is amended by revising the introductory text, and
paragraph (a)(1)(iii) and the second sentence in paragraphs (b)
introductory text and (b)(2)(i); and revising paragraphs (b)(2)(ii),
(b)(2)(ii)(A) and (C) to read as follows:
Sec. 27.60 TV/DTV interference protection criteria.
Base, fixed, control, and mobile transmitters in the 698-758 MHz,
775-788 MHz, and 805-806 MHz frequency bands must be operated only in
accordance with the rules in this section to reduce the potential for
interference to public reception of the signals of existing TV and DTV
broadcast stations transmitting on TV Channels 51 through 68.
(a) * * *
(1) * * *
(iii) For transmitters operating in the 746-758 MHz, 775-788 MHz,
and 805-806 MHz frequency bands, 17 dB at the equivalent Grade B
contour (41 dB[micro]V/m) (88.5 kilometers (55 miles)) of the DTV
station.
* * * * *
(b) * * * Tables to determine the necessary minimum distance from
the
[[Page 24145]]
698-758 MHz, 775-788 MHz, and 805-806 MHz station to the TV/DTV
station, assuming that the TV/DTV station has a hypothetical or
equivalent Grade B contour of 88.5 kilometers (55 miles), are located
in Sec. 90.309 of this chapter and labeled as Tables B, D, and E.
Values between those given in the tables may be determined by linear
interpolation.* * *
* * * * *
(2) * * *
(i) Base and fixed stations that operate in the 746-758 MHz and
775-787 MHz bands having an antenna height (HAAT) less than 152 m. (500
ft.) shall afford protection to co-channel and adjacent channel TV/DTV
stations in accordance with the values specified in Table B (co-channel
frequencies based on 40 dB protection) and Table E (adjacent channel
frequencies based on 0 dB protection) in Sec. 90.309 of this chapter.*
* *
(ii) Control, fixed, and mobile stations (including portables) that
operate in the 787-788 MHz and 805-806 MHz bands and control and mobile
stations (including portables) that operate in the 698-757 MHz and 776-
787 MHz bands are limited in height and power and therefore shall
afford protection to co-channel and adjacent channel TV/DTV stations in
the following manner:
(A) For control, fixed, and mobile stations (including portables)
that operate in the 787-788 MHz and 805-806 MHz bands and control and
mobile stations (including portables) that operate in the 746-757 MHz
and 776-787 MHz co-channel protection shall be afforded in accordance
with the values specified in Table D (co-channel frequencies based on
40 dB protection for TV stations and 17 dB for DTV stations) in Sec.
90.309 of this chapter.
(C) For control, fixed, and mobile stations (including portables)
that operate in the 787-788 MHz and 805-806 MHz bands and control and
mobile stations (including portables) that operate in the 698-757 MHz
and 776-787 MHz bands adjacent channel protection shall be afforded by
providing a minimum distance of 8 kilometers (5 miles) from all
adjacent channel TV/DTV station hypothetical or equivalent Grade B
contours (adjacent channel frequencies based on 0 dB protection for TV
stations and -23 dB for DTV stations).
* * * * *
0
16. Section 27.70 is amended by revising paragraphs (a) and (b)(1), and
(b)(2) to read as follows:
Sec. 27.70 Information exchange.
(a) Prior notification. Public safety licensees authorized to
operate in the 758-775 MHz and 788-805 MHz bands may notify any
licensee authorized to operate in the 746-757 or 776-787 MHz bands that
they wish to receive prior notification of the activation or
modification of the licensee's base or fixed stations in their area.
Thereafter, the 746-757 or 776-787 MHz band licensee must provide the
following information to the public safety licensee at least 10
business days before a new base or fixed station is activated or an
existing base or fixed station is modified:
* * * * *
(b) * * *
(1) Allow a public safety licensee to advise the 746-757 or 776-787
MHz band licensee whether it believes a proposed base or fixed station
will generate unacceptable interference;
(2) Permit 746-757 and 776-787 MHz band licensees to make voluntary
changes in base or fixed station parameters when a public safety
licensee alerts them to possible interference; and,
* * * * *
0
17. Section 27.303 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 27.303 Upper 700 MHz commercial and public safety coordination
zone.
(a) General. CMRS operators are required, prior to commencing
operations on fixed or base station transmitters on the 776-787 MHz
band that are located within 500 meters of existing or planned public
safety base station receivers, to submit a description of their
proposed facility to a Commission-approved public safety coordinator.
* * * * *
0
18. Section 27.501 is revised to read as follows:
Sec. 27.501 746-758 MHz, 775-788 MHz, and 805-806 MHz bands subject
to competitive bidding.
Mutually exclusive initial applications for licenses in the 746-758
MHz, 775-788 MHz, and 805-806 MHz bands are subject to competitive
bidding. The general competitive bidding procedures set forth in part
1, subpart Q of this chapter will apply unless otherwise provided in
this subpart.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
19. 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
20. Section 90.179 is amended by revising paragraph (g) to read as
follows:
Sec. 90.179 Shared use of radio stations.
* * * * *
(g) Notwithstanding paragraph (a) of this section, licensees
authorized to operate radio systems on Public Safety Pool frequencies
designated in Sec. 90.20 may share their facilities with Federal
Government entities on a non-profit, cost-shared basis. Such a sharing
arrangement is subject to the provisions of paragraphs (b), (d), and
(e) of this section, and Sec. 2.103(c) concerning operations in the
758-769 MHz and 788-799 MHz bands. State governments authorized to
operate radio systems under Sec. 90.529 may share the use of their
systems (for public safety services not made commercially available to
the public) with any entity that would be eligible for licensing under
Sec. 90.523 and Federal government entities.
* * * * *
0
21. Section 90.203 is amended by removing paragraph (p).
0
22. Section 90.205 is amended by revising paragraph (j) to read as
follows:
Sec. 90.205 Power and antenna height limits.
* * * * *
(j) 758-775 MHz and 788-805 MHz. Power and height limitations are
specified in Sec. Sec. 90.541 and 90.542.
* * * * *
0
23. Section 90.523 is amended by revising the introductory text and
paragraph (e) to read as follows:
Sec. 90.523 Eligibility.
This section implements the definition of public safety services
contained in 47 U.S.C. 337(f)(1). The following are eligible to hold
Commission authorizations for systems operating in the 769-775 MHz and
799-805 MHz frequency bands:
* * * * *
(e) A nationwide license for the 758-769 MHz and 788-799 MHz bands
shall be issued to the First Responder Network Authority.
0
24. Section 90.533 is amended by revising the introductory text and
paragraphs (a) and (c) to read as follows:
Sec. 90.533 Transmitting sites near the U.S./Canada or U.S./Mexico
border.
This section applies to each license to operate one or more public
safety transmitters in the 758-775 MHz and 788-805 MHz bands, at a
location or locations North of Line A (see Sec. 90.7) or within 120
kilometers (75 miles) of the U.S.-Mexico border, until such time as
[[Page 24146]]
agreements between the government of the United States and the
government of Canada or the government of the United States and the
government of Mexico, as applicable, become effective governing border
area non-broadcast use of these bands. Public safety licenses are
granted subject to the following conditions:
(a) Public safety transmitters operating in the 758-775 MHz and
788-805 MHz bands must conform to the limitations on interference to
Canadian television stations contained in agreement(s) between the
United States and Canada for use of television channels in the border
area.
* * * * *
(c) Conditions may be added during the term of the license, if
required by the terms of international agreements between the
government of the United States and the government of Canada or the
government of the United States and the government of Mexico, as
applicable, regarding non-broadcast use of the 758-775 MHz and 788-805
MHz bands.
0
25. Section 90.542 is amended by revising paragraph (a) introductory
text, paragraphs (a)(1) through (a)(7), and paragraph (a)(8)
introductory text, and by revising Tables 1 through 4 and paragraph (b)
to read as follows:
Sec. 90.542 Broadband transmitting power limits.
(a) The following power limits apply to the 758-768/788-798 MHz
band:
(1) Fixed and base stations transmitting a signal in the 758-768
MHz band with an emission bandwidth of 1 MHz or less must not exceed an
ERP of 1000 watts and an antenna height of 305 m HAAT, except that
antenna heights greater than 305 m HAAT are permitted if power levels
are reduced below 1000 watts ERP in accordance with Table 1 of this
section.
(2) Fixed and base stations located in a county with population
density of 100 or fewer persons per square mile, based upon the most
recently available population statistics from the Bureau of the Census,
and transmitting a signal in the 758-768 MHz band with an emission
bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an
antenna height of 305 m HAAT, except that antenna heights greater than
305 m HAAT are permitted if power levels are reduced below 2000 watts
ERP in accordance with Table 2 of this section.
(3) Fixed and base stations transmitting a signal in the 758-768
MHz band with an emission bandwidth greater than 1 MHz must not exceed
an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except
that antenna heights greater than 305 m HAAT are permitted if power
levels are reduced below 1000 watts/MHz ERP accordance with Table 3 of
this section.
(4) Fixed and base stations located in a county with population
density of 100 or fewer persons per square mile, based upon the most
recently available population statistics from the Bureau of the Census,
and transmitting a signal in the 758-768 MHz band with an emission
bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz
and an antenna height of 305 m HAAT, except that antenna heights
greater than 305 m HAAT are permitted if power levels are reduced below
2000 watts/MHz ERP in accordance with Table 4 of this section.
(5) Licensees of fixed or base stations transmitting a signal in
the 758-768 MHz band at an ERP greater than 1000 watts must comply with
the provisions set forth in paragraph (b).
(6) Control stations and mobile stations transmitting in the 758-
768 MHz band and the 788-799 MHz band are limited to 30 watts ERP.
(7) Portable stations (hand-held devices) transmitting in the 758-
768 MHz band and the 788-799 MHz band are limited to 3 watts ERP.
(8) For transmissions in the 758-768 MHz and 788-798 MHz bands,
licensees may employ equipment operating in compliance with either of
the following measurement techniques:
* * * * *
Table 1--Permissible Power and Antenna Heights for Base and Fixed in the
758-768 MHz Band Transmitting a Signal With an Emission Bandwidth of 1
MHz or Less
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
(watts)
------------------------------------------------------------------------
Above 1372 (4500)......................................... 65
Above 1220 (4000) To 1372 (4500).......................... 70
Above 1067 (3500) To 1220 (4000).......................... 75
Above 915 (3000) To 1067 (3500)........................... 100
Above 763 (2500) To 915 (3000)............................ 140
Above 610 (2000) To 763 (2500)............................ 200
Above 458 (1500) To 610 (2000)............................ 350
Above 305 (1000) To 458 (1500)............................ 600
Up to 305 (1000).......................................... 1000
------------------------------------------------------------------------
Table 2--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 758-768 MHz Band Transmitting a Signal With an Emission
Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
(watts)
------------------------------------------------------------------------
Above 1372 (4500)......................................... 130
Above 1220 (4000) To 1372 (4500).......................... 140
Above 1067 (3500) To 1220 (4000).......................... 150
Above 915 (3000) To 1067 (3500)........................... 200
Above 763 (2500) To 915 (3000)............................ 280
Above 610 (2000) To 763 (2500)............................ 400
Above 458 (1500) To 610 (2000)............................ 700
Above 305 (1000) To 458 (1500)............................ 1200
Up to 305 (1000).......................................... 2000
------------------------------------------------------------------------
Table 3--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 758-768 MHz Band Transmitting a Signal With an Emission
Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
per MHz
(watts/MHz)
------------------------------------------------------------------------
Above 1372 (4500)......................................... 65
Above 1220 (4000) To 1372 (4500).......................... 70
Above 1067 (3500) To 1220 (4000).......................... 75
Above 915 (3000) To 1067 (3500)........................... 100
Above 763 (2500) To 915 (3000)............................ 140
Above 610 (2000) To 763 (2500)............................ 200
Above 458 (1500) To 610 (2000)............................ 350
Above 305 (1000) To 458 (1500)............................ 600
Up to 305 (1000).......................................... 1000
------------------------------------------------------------------------
[[Page 24147]]
Table 4--Permissible Power and Antenna Heights for Base and Fixed
Stations in the 758-768 MHz Band Transmitting a Signal With an Emission
Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
Effective
radiated
Antenna height (AAT) in meters (feet) power (ERP)
per MHz
(watts/MHz )
------------------------------------------------------------------------
Above 1372 (4500)......................................... 130
Above 1220 (4000) To 1372 (4500).......................... 140
Above 1067 (3500) To 1220 (4000).......................... 150
Above 915 (3000) To 1067 (3500)........................... 200
Above 763 (2500) To 915 (3000)............................ 280
Above 610 (2000) To 763 (2500)............................ 400
Above 458 (1500) To 610 (2000)............................ 700
Above 305 (1000) To 458 (1500)............................ 1200
Up to 305 (1000).......................................... 2000
------------------------------------------------------------------------
(b) For base and fixed stations operating in the 758-768 MHz band
in accordance with the provisions of paragraph (a)(5) of this section,
the power flux density that would be produced by such stations through
a combination of antenna height and vertical gain pattern must not
exceed 3000 microwatts per square meter on the ground over the area
extending to 1 km from the base of the antenna mounting structure.
0
26. Section 90.543 is amended by revising the introductory paragraph
and revising paragraphs (e) and (f) to read as follows:
Sec. 90.543 Emission limitations.
Transmitters designed to operate in 769-775 MHz and 799-805 MHz
frequency bands must meet the emission limitations in paragraphs (a)
through (d) of this section. Transmitters operating in 758-768 MHz and
788-798 MHz bands must meet the emission limitations in (e) of this
section.
* * * * *
(e) For operations in the 758-768 MHz and the 788-798 MHz bands,
the power of any emission outside the licensee's frequency band(s) of
operation shall be attenuated below the transmitter power (P) within
the licensed band(s) of operation, measured in watts, in accordance
with the following:
* * * * *.
(f) For operations in the 758-775 MHz and 788-805 MHz bands, all
emissions including harmonics in the band 1559-1610 MHz shall be
limited to -70 dBW/MHz equivalent isotropically radiated power (EIRP)
for wideband signals, and -80 dBW EIRP for discrete emissions of less
than 700 Hz bandwidth. For the purpose of equipment authorization, a
transmitter shall be tested with an antenna that is representative of
the type that will be used with the equipment in normal operation.
* * * * *
0
27. Section 90.549 is revised to read as follows:
Sec. 90.549 Transmitter certification.
Transmitters operated in the 758-775 MHz and 788-805 MHz frequency
bands must be of a type that have been authorized by the Commission
under its certification procedure as required by Sec. 90.203.
0
28. Section 90.555 is amended by revising paragraph (a) introductory
text, and revising paragraphs (b)(1) and (2) and paragraph (c) to read
as follows:
Sec. 90.555 Information exchange.
(a) Prior notification. Public safety licensees authorized to
operate in the 758-775 MHz and 788-805 MHz bands may notify any
licensee authorized to operate in the 746-757 MHz or 776-787 MHz bands
that they wish to receive prior notification of the activation or
modification of the licensee's base or fixed stations in their area.
Thereafter, the 746-757 MHz or 776-787 MHz band licensee must provide
the following information to the public safety licensee at least 10
business days before a new base or fixed station is activated or an
existing base or fixed station is modified:
* * * * *
(b) * * *
(1) Allow a public safety licensee to advise the 746-757 or 776-787
MHz band licensee whether it believes a proposed base or fixed station
will generate unacceptable interference;
(2) Permit 746-757 and 776-787 MHz band licensees to make voluntary
changes in base or fixed station parameters when a public safety
licensee alerts them to possible interference; and,
* * * * *
(c) Public Safety Information Exchange. (1) Upon request by a 746-
757 or 776-787 MHz band licensee, public safety licensees authorized to
operate radio systems in the 758-775 and 788-805 MHz bands shall
provide the operating parameters of their radio system to the 746-757
or 776-787 MHz band licensee.
(2) Public safety licensees who perform the information exchange
described in this section must notify the appropriate 746-757 or 776-
787 MHz band licensees prior to any technical changes to their radio
system.
[FR Doc. 2013-08811 Filed 4-23-13; 8:45 am]
BILLING CODE 6712-01-P
