Definition of Auditory Assistance Device, 34922-34928 [2013-13696]
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Dated: June 5, 2013.
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[FR Doc. 2013–13730 Filed 6–10–13; 8:45 am]
BILLING CODE 7036–01–P
FEDERAL COMMUNICATIONS
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47 CFR Part 15
[ET Docket No. 10–26; FCC 13–59]
Definition of Auditory Assistance
Device
Federal Communications
Commission.
ACTION: Final rule.
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AGENCY:
SUMMARY: This document modifies the
definition of ‘‘auditory assistance
device’’ in the Commission’s rules to
permit these devices to be used by
anyone at any location for simultaneous
language interpretation (simultaneous
translation), where the spoken words
are translated continuously in near real
time. The revised definition permits
unlicensed auditory assistance devices
to be used to provide either auditory
assistance or simultaneous translation,
or both, without impeding these
devices’ capability to provide auditory
assistance to persons with disabilities.
This document also lowers the limit for
these auditory assistance devices’
unwanted emissions to the limits
provided for other unlicensed devices in
the Commission’s rules.
DATES: Effective July 11, 2013.
FOR FURTHER INFORMATION CONTACT:
Patrick Forster, (202) 418–7061, Policy
and Rules Division, Office of
Engineering and Technology, (202) 418–
2290, Patrick.Forster@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, ET Docket No. 10–26,
adopted May 1, 2013, and released May
2, 2013, FCC 13–59. The full text of the
Report and Order is available on the
Commission’s Internet site at
www.fcc.gov. It is also available for
inspection and copying during regular
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street SW., Washington, DC 20554. The
full text of the Report and Order also
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may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St. SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; email
FCC@BCPIWEB.COM.
Summary of the Report and Order
1. The Report and Order modified the
definition of ‘‘auditory assistance
device’’ in part 15 of the Commission’s
rules to expand the permissible uses of
these devices beyond solely providing
auditory assistance to persons with
disabilities (e.g., amplification of sounds
for the hard of hearing and audio
description for the blind) to include
simultaneous translation for anyone at
any location. This action harmonized
the part 15 definition of ‘‘auditory
assistance device’’ with the definition of
‘‘auditory assistance communications’’
in part 95 of the Commission’s rules.
Under this expanded definition, part 15
auditory assistance devices that operate
in the 72–73 MHz, 74.6–74.8 MHz, and
75.2–76 MHz (72–76 MHz) bands on an
unlicensed basis may provide auditory
assistance or simultaneous translation,
or both, to anyone at any location.
2. The Report and Order also lowered
the limit for part 15 auditory assistance
devices’ unwanted emissions to the
limits that are provided in § 15.209 of
the Commission’s rules to help reduce
the likelihood that the unwanted
emissions from increased use of these
devices for simultaneous translation
will degrade the reception of very high
frequency television (VHF TV) channels
2–4 (54–72 MHz) and 5–6 (76–88 MHz)
and help improve the reception of VHF
TV service.
3. On September 9, 2011, the
Commission adopted an Order and
Notice of Proposed Rulemaking
(Auditory Assistance Device NPRM) in
this proceeding in which it proposed to
modify the part 15 definition of
‘‘auditory assistance device’’ to expand
the permissible uses of these devices to
include simultaneous language
interpretation by any person at any
location, in the same manner as
permitted under part 95 for Low Power
Radio Service stations that operate in
the 216–217 MHz band. The
Commission took this action in response
to a petition for declaratory ruling filed
by Williams Sound Corporation
(Williams Sound), a provider of wireless
auditory assistance devices.
4. In the Auditory Assistance Device
NPRM, the Commission sought
comment on the advantages and
disadvantages and potential benefits of
expanding the permissible uses of part
15 auditory assistance devices and any
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qualitative or quantitative costs
associated with this proposal. It also
sought comment on whether increased
use of part 15 auditory assistance
devices for simultaneous language
interpretation would increase the
potential for harmful interference to
authorized services in the 72–76 MHz
and adjacent bands and whether
additional safeguards or changes to the
technical requirements for these devices
would be necessary to prevent harmful
interference to those services. In
addition, the Commission sought
comment on whether a more restrictive
limit for part 15 auditory assistance
devices’ out-of-band emissions is
needed to prevent harmful interference
to authorized services in the 72–76 MHz
and adjacent bands and improve the
reception of VHF TV channels 2–6.
5. Part 15 auditory assistance devices
may operate in a full duplex mode of
operation using necessary bandwidths
up to 200 kilohertz wide. All
fundamental emissions must be
contained wholly within the 72–73
MHz, 74.6–74.8 MHz, and 75.2–76 MHz
bands with a maximum field strength of
80 millivolts per meter (mV/m)
measured at a distance of 3 meters,
which is equivalent to a maximum
effective radiated power (ERP) of 1.2
milliwatts (mW). The field strength of
any unwanted emissions (emissions
outside of the 200 kilohertz necessary
bandwidth) must not exceed 1,500
microvolts per meter (mV/m) measured
at a distance of 3 meters, which is
equivalent to an ERP of 0.4 microwatts
(mW). In the Auditory Assistance Device
NPRM, the Commission asked what outof-band emissions limit would be
appropriate—the § 15.209 limit, the
unlicensed TV bands device limit, or
some other limit—what would be an
appropriate transition period for
compliance, and whether currently
approved part 15 auditory assistance
devices should be grandfathered for a
limited time or permanently. In the
Report and Order, the Commission
noted that although it used the term
‘‘out-of-band’’ emissions in the Auditory
Assistance Devices NPRM when
referring to emissions outside of the
frequency bands in which the auditory
assistance devices operate (paras. 20
and 21), the correct term to describe the
emissions outside of the necessary
bandwidth of the transmitting system is
‘‘unwanted’’ emissions, and so it used
the term ‘‘unwanted’’ emissions where
appropriate throughout the Report and
Order.
Discussion
6. In the Report and Order, the
Commission modified the definition of
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‘‘auditory assistance device’’ in part 15
of its rules to expand the permissible
uses of these devices to include
simultaneous language interpretation.
The expanded definition permits the
use of part 15 auditory assistance
devices by any person requiring
translation services at any location. The
Commission concluded that the public
interest would be served by expanding
the permissible uses of part 15 auditory
assistance devices to include
simultaneous translation. It also
concluded that the benefits of
expanding service to the public far
outweighed any additional costs
associated with implementing these
changes. The majority of commenters,
providers of auditory assistance devices
and/or services, submitted that
expanding the permissible uses of part
15 auditory assistance devices to
include simultaneous interpretation
would be in the public interest. The
majority of commenters also agreed with
the Commission’s tentative assessment
that expanding the permissible uses of
part 15 auditory assistance devices to
include simultaneous translation would
not increase costs to the public.
7. The Commission agreed that
expanding the permissible uses of part
15 auditory assistance devices to
include simultaneous translation was in
the public interest and would not
increase costs. It determined that
permitting part 15 auditory assistance
devices to be used for simultaneous
translation could reduce the costs of
translation services by increasing
competition and allowing providers to
use less expensive RF equipment for
simultaneous translation instead of
higher-cost infrared technology
equipment. It also determined that
expanding these devices permissible
uses would likely reduce auditory
assistance equipment costs, result in
economies of scale in production and
marketing, and introduce more
competition for such devices. The
Commission decided that this action
would promote more flexible and
efficient use of part 15 auditory
assistance devices by allowing them to
be used for either auditory assistance or
simultaneous translation, or both,
without impeding their ability to
provide auditory assistance to persons
with disabilities. It also decided that
permitting such use of these devices
would increase the comprehension of
persons that need language translation
in public venues while lowering the
ambient noise level for all listeners,
thereby enhancing the auditory
experience of all listeners.
8. The Commission was not
persuaded that allowing part 15
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auditory assistance devices to be used
for simultaneous language interpretation
would penalize entities that provide
translation services via higher-cost
infrared technology equipment. Instead,
it determined that the marketplace
provides the best measure for
determining which technology is
optimal for addressing the translation
needs of users. This approach would
permit each interpreter to analyze
customers’ needs in its market area and
employ the technology that best meets
their needs. For example, some
customers may prefer the inherent
security and privacy of infrared
technology over the capabilities of RF
technology. The Commission also
decided that part 15 auditory assistance
devices’ use of the 72–76 MHz bands
should not be limited only to providing
assistance to persons with disabilities
under the Americans with Disabilities
Act of 1990 (ADA). Although part 15
auditory assistance devices had
previously been restricted under the
Commission’s rules to solely providing
aural assistance to persons with
disabilities, unlicensed use of the 72–76
MHz bands is not restricted under the
ADA or the Communications Act of
1934 to only uses covered by the ADA.
9. The Commission also concluded
that permitting part 15 auditory
assistance devices to be used for
simultaneous language interpretation
would not, per se, increase the potential
for harmful interference (i.e.,
interference that seriously degrades,
obstructs, or repeatedly interrupts a
radicommunication service) to
authorized services in the 72–76 MHz
and adjacent bands, especially since no
commenter had expressed concern that
increased use of part 15 auditory
assistance devices for simultaneous
interpretation would cause harmful
interference to authorized services. As
the Commission noted in the Auditory
Assistance Device NPRM, the
interference potential of a part 15
auditory assistance device is generally
unrelated to the number of users or type
of use. Rather, the interference potential
is a function of the device’s operating
characteristics and parameters. There is
no difference in the interference
potential of a part 15 auditory assistance
device whether it is used for auditory
assistance or simultaneous translation.
10. The Commission agreed with
commenters that the existing limit for
part 15 auditory assistance devices’
fundamental emissions was already
sufficient to prevent increased use of
these devices for simultaneous
translation from causing harmful
interference to authorized services. The
absence of any reports of harmful
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interference to date supported this
conclusion. It also noted that although
the locations and channels where part
15 auditory assistance devices are
operated may increase by expanding
their permissible uses to include
simultaneous translation, the market for
and use of these devices should remain
limited and they would not be
ubiquitously deployed. The
Commission expected that this outcome,
coupled with their relatively low
fundamental emissions limit, would
help prevent increased use of part 15
auditory assistance devices for
simultaneous translation from causing
harmful interference to authorized
services.
11. The Commission was not
persuaded that increased use of part 15
auditory assistance devices for
simultaneous translation would
interfere with other part 15 auditory
assistance devices providing auditory
assistance by ‘‘crowding’’ the
frequencies. As noted, these devices’
fundamental signals may transmit in
bandwidths up to 200 kilohertz wide in
the 72–73 MHz, 74.6 74.8 MHz, and
75.2–76 MHz bands, so ample spectrum
would be available for multiple
applications. Further, part 15 auditory
assistance devices’ low power levels
would enable other parties to re-use
their frequencies at nearby locations.
12. With respect to part 15 auditory
assistance devices’ unwanted emissions
(i.e., emissions outside of the 200
kilohertz necessary bandwidths),
comments were mixed on whether the
Commission should modify the limit for
these emissions. In the Auditory
Assistance Device NPRM, the
Commission proposed that part 15
auditory assistance devices’ out-of-band
emissions limit be lowered to the
general emissions limits for other
unlicensed devices that are specified in
rule § 15.209. The Commission noted
that expanding the permissible use of
these devices at any location could
increase their use at locations where
they are not also used to provide
auditory assistance to disabled
individuals as well as increase the
number of channels operated at any
given location to provide both auditory
assistance and simultaneous translation.
Out of concern that the unwanted
emissions from increased use of part 15
auditory assistance devices for
simultaneous interpretation could
degrade the reception of particularly
sensitive VHF TV channels 2–6, the
Commission decided to lower the
unwanted emissions limit of part 15
auditory assistance devices to the
emissions limit in § 15.209 that is
applicable to other unlicensed devices.
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13. The current allowed unwanted
emissions limit of 1,500 mV/m at 3
meters for part 15 auditory assistance
devices that operate in the 72–76 MHz
bands is 15 times higher (23.5 dB more
power) than the § 15.209 emissions limit
of 100 mV/m at 3 meters that applies to
most other part 15 devices’ unwanted
emissions in the 72–76 MHz and
adjacent bands. It is also 18 times higher
(25 dB more power) than the unwanted
emissions limit of 84 mV/m at 3 meters
that applies to part 15 personal/portable
TV bands devices that operate in bands
adjacent to occupied TV channels.
Accordingly, the Commission lowered
the limit for part 15 auditory assistance
devices unwanted emissions to the
general emission limits for other
unlicensed devices that are specified in
rule § 15.209. Although part 15 auditory
assistance devices had not had a history
of causing harmful interference to
authorized services under the current
rules, the Commission decided that this
approach would help reduce the
likelihood of harmful interference as
their use increases and help improve the
reception of VHF TV channels 2–6 and
accordingly was in the public interest.
14. In support of this decision, the
Commission noted in the Report and
Order that since the time that it adopted
the rules for part 15 auditory assistance
device transmitters in 1972, all full
service TV stations have converted from
analog to digital transmissions. The
Commission also noted that it had
previously sought comment on
measures to improve digital TV
reception for consumers on VHF
channels and encourage broadcasters to
use these channels in the future. It
further noted that one of the problems
with indoor VHF TV reception is the
high levels of noise on those channels
from nearby consumer electronics
equipment and that the Commission
had previously stated that it would be
desirable to reduce that noise and
sought comment on what actions it
might take to reduce such noise in the
VHF TV bands.
15. In addition, since the Commission
adopted the Auditory Assistance Device
NPRM, the ‘‘Middle Class Tax Relief
and Job Creation Act of 2012’’
(Spectrum Act) was enacted to enable
the Commission to make more efficient
use of the TV bands spectrum by freeing
up broadcast TV spectrum for wireless
broadband services. Section 6403(a)(2)
of the Spectrum Act directs the
Commission to conduct a reverse
auction of broadcast television spectrum
that includes, inter alia, a bid option for
participants’ voluntary relinquishment
of ‘‘all usage rights with respect to an
ultra high frequency television channel
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in return for receiving usage rights with
respect to a very high frequency
television channel . . .’’ (UHF to VHF
bid). In the incentive auction
proceeding, the Commission sought
comment on whether to permit eligible
licensees to participate in the auction by
agreeing to relinquish a high VHF
channel in exchange for a low VHF
channel. In that proceeding, the
Commission again recognized that
increased signal interference caused by
the higher levels of ambient noise from
other electronic devices operating on or
near the low VHF frequency range can
make the use of the low VHF channels
difficult and could deter reverse auction
participation.
16. The Commission decided that
commenters’contention that most
increased use of part 15 auditory
assistance devices for simultaneous
translation would not be proximate to
VHF TV reception areas was not
compelling—it was not self-evident, it
disregarded the consequences of
harmful interference where it could
occur, and it disregarded locations at
which these frequencies could be used
post-auction. In light of its efforts to
make the VHF channels more useful to
broadcasters by improving the reception
of VHF digital TV and consistent with
the objectives in the Spectrum Act, the
Commission concluded that it is in the
public interest and sound public policy
to require part 15 auditory assistance
devices’ unwanted emissions to comply
with the § 15.209 emissions limits. The
Commission provided a transition
period to implement this requirement,
and grandfathered all devices installed
prior to the end of the transition period.
The Commission was persuaded by the
record that reducing the unwanted
emissions limit of part 15 auditory
assistance devices to the § 15.209
emissions limits could be accomplished
using current technology at minimal
cost, and that the § 15.209 emissions
limits were achievable in part 15
auditory assistance devices using
industry standard components
employing relatively straight-forward
designs at a small additional cost of 1
to 2 percent per device.
17. The Commission agreed with
commenters that the 18-month and 3year transition periods it had proposed
should provide sufficient time for
manufacturers to design part 15
auditory assistance devices with
unwanted emissions that comply with
§ 15.209, obtain equipment certification,
and plan the transition for
manufacturing transmitters with the
new design. It provided an 18-month
transition period after the effective date
of the new rules during which part 15
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auditory assistance devices may
continue to be certified under the
current rules for such devices in
§ 15.237; after that time no such
equipment will be certified unless its
unwanted emissions are compliant with
§ 15.209. It also provided an additional
18 months during which such
equipment certified under the current
§ 15.237 rules may continue to be
manufactured and imported. After this
3-year period, no such equipment may
be manufactured or imported unless its
unwanted emissions are compliant with
§ 15.209. There is no deadline on the
marketing of equipment that was
manufactured or imported prior to the
end of this 3-year period.
18. Beginning 18 months after the
effective date of the new rules,
equipment certification may no longer
be obtained for part 15 auditory
assistance devices with unwanted
emissions that do not meet the § 15.209
limits. Until the end of the 3-year
transition period, the Commission will
permit Class II permissive changes for
equipment certified prior to the 18month transition date, as well as their
continued manufacture, marketing,
installation, and importation. After the
end of the 3-year transition period, Class
II permissive changes for such devices
will not be permitted nor will their
manufacture, marketing, installation, or
importation. The Commission found
that these requirements would facilitate
the transition to tighter unwanted
emissions limits without unduly
impairing the availability or cost of part
15 auditory assistance devices or
imposing undue burdens on
manufacturers, translation services
providers, or the public.
19. The Commission agreed with
commenters that part 15 auditory
assistance devices that are already
installed or in use should be
grandfathered for the life of the
equipment. It decided that requiring the
upgrade or replacement of existing part
15 auditory assistance devices with
units having unwanted emissions that
comply with the § 15.209 emissions
limits would be an unnecessary
financial burden on operators of these
devices and could inhibit the ability of
operators of public venues to provide
auditory assistance to persons with
disabilities as required by the ADA. It
also decided that grandfathering
existing equipment would ensure that
entities will be permitted to operate
their existing part 15 auditory assistance
devices until replacement is necessary
or desired due to age, malfunction, or
other concerns, and would facilitate
continued compliance with the ADA.
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20. The Commission amended the
definition of ‘‘auditory assistance
device’’ in part 15 of the rules to expand
the permissible uses of these devices to
include simultaneous language
interpretation for anyone at any
location. It also amended § 15.237 to
require that part 15 auditory assistance
devices’ unwanted emissions comply
with the § 15.209 emissions limits. In
addition, it established a 3-year
transition period after the effective date
of the rules adopted in this proceeding
for manufacturers to cease the domestic
manufacture or importation for
domestic sale of part 15 auditory
assistance devices that do not comply
with the revised unwanted emissions
limits. The Commission also established
a cutoff date of 18 months after the
effective date of the new rules after
which unwanted emissions from new
part 15 auditory assistance devices must
comply with the § 15.209 emissions
limits in order to order to receive an
equipment authorization. Except for the
tighter unwanted emissions limits, the
other administrative and technical
requirements for operation of part 15
auditory assistance devices in the 72–73
MHz, 74.6–74.8 MHz, and 75.2–76 MHz
bands remained unchanged.
Device NPRM, including comment on
the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA.3
Paperwork Reduction Analysis
21. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13.
B. Summary of Significant Issues
Raised by Public Comments in
Response to the IRFA
Congressional Review Act
22. The Commission will send a copy
of this Report and Order, in a report to
be sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
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Final Regulatory Flexibility Analysis
23. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA),1 an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
Notice of Proposed Rulemaking
(Auditory Assistance Device NPRM) in
ET Docket No. 10–26.2 The Commission
sought written public comment on the
proposals in the Auditory Assistance
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601—
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(SBREFA), Public Law 104–121, Title II, 110 Stat.
857 (1996).
2 See Amendment of part 15 of the Commission’s
rules to Amend the Definition of Auditory
Assistance Devices in Support of Simultaneous
Language Interpretation, ET Docket No. 10–26,
Order and Notice of Proposed Rulemaking, 26 FCC
Rcd 13600, 13612–14 (2012) (Auditory Assistance
Device NPRM).
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A. Need for, and Objectives of, the
Report and Order
24. In the Report and Order, the
Commission expanded the permissible
uses of part 15 auditory assistance
devices that operate in the 72.0–73.0
MHz, 74.6–74.8 MHz, and 75.2–76 MHz
bands (72–76 MHz bands) beyond solely
aural assistance for persons with
disabilities to include simultaneous
language interpretation for anyone at
any location. It also reduced the limit
for part 15 auditory assistance devices’
unwanted emissions to the radiated
emissions limits specified in § 15.209.
The objectives of the Commission in the
Report and Order were to allow part 15
auditory assistance devices to be used
for simultaneous translation by anyone
at any location, remove barriers to
communications, provide greater
flexibility and enhanced benefits for
persons wishing to use auditory
assistance technologies, expand the
opportunities to deploy auditory
assistance devices, and improve the
reception of VHF TV channels 2–6.
25. No public comments were
received in response to the IRFA in the
Auditory Assistance Device NPRM.
However, in general comments on the
Auditory Assistance Device NPRM,
some commenters raised issues that
might affect small entities. In particular,
one commenter argued that allowing
part 15 auditory assistance devices to be
used for simultaneous translation would
penalize entities that have purchased
higher-cost infrared technology
equipment to provide simultaneous
translation. One commenter also argued
that use of part 15 auditory assistance
devices for simultaneous translation is
not an Americans with Disabilities Act
(ADA) of 1990 use and would interfere
or disrupt other part 15 auditory
assistance devices by crowding the
frequencies. Commenters also requested
that if the Commission imposed stricter
out-of-band emissions limits on part 15
auditory assistance devices, then a
transition period for compliance with
the new limits should be established
and existing part 15 auditory assistance
devices should be grandfathered for the
life of the equipment. The Commission
carefully considered each of these
3 See
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comments in reaching the decisions set
forth in the Report and Order.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
26. Pursuant to the Small Business
Jobs Act of 2010, the Commission is
required to respond to any comments
filed by the Chief Counsel for Advocacy
of the Small Business Administration
(SBA), and to provide a detailed
statement of any change made to the
proposed rules as a result of those
comments. The Chief Counsel did not
file any comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the
Number of Small Entities to Which the
Rule Will Apply
27. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted.4 The
RFA generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act.5 A small
business concern is one which: (1) is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.6
28. Small Businesses, Small
Organizations, and Small Governmental
Jurisdictions. The Commission’s actions
may, over time, affect small entities that
are not easily categorized at present. It
therefore described here, at the outset,
three comprehensive, statutory small
entity size standards that encompass
entities that could be directly affected
by the proposals under consideration.7
As of 2009, small businesses
represented 99.9 percent of the 27.5
million businesses in the United States,
according to the SBA.8 Additionally, a
4 Id.
at 603(b)(3).
U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in 15 U.S.C.
632). Pursuant to the RFA, 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).
6 Small Business Act, 15 U.S.C. 632 (1996).
7 See 5 U.S.C. 601(3)–(6).
8 See SBA, Office of Advocacy, ‘‘Frequently
Asked Questions,’’ available at https://web.sba.gov/
55
5 U.S.C. 604.
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‘‘small organization’’ is generally ‘‘any
not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.’’ 9
Nationwide, as of 2007, there were
approximately 1,621,315 small
organizations.10 Finally, the term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
counties, towns, townships, villages,
school districts, or special districts, with
a population of less than fifty
thousand.’’ 11 Census Bureau data for
2007 indicate that there were 89,527
governmental jurisdictions in the
United States.12 The Commission
estimated that, of this total, as many as
88,761 entities may qualify as ‘‘small
governmental jurisdictions.’’ 13 Thus,
the Commission estimated that most
governmental jurisdictions are small.
29. Fixed Microwave Services. Fixed
microwave services include common
carrier,14 private operational-fixed,15
faqs/faqindex.cfm?areaID=24 (last visited Aug. 31,
2012).
9 5 U.S.C. 601(4).
10 Independent Sector, The New Nonprofit
Almanac & Desk Reference (2010).
11 5 U.S.C. 601(5).
12 U.S. CENSUS BUREAU, STATISTICAL
ABSTRACT OF THE UNITED STATES: 2011, Table
427 (2007).
13 The 2007 U.S Census data for small
governmental organizations are not presented based
on the size of the population in each such
organization. There were 89,476 local governmental
organizations in 2007. The Commission assumed
that county, municipal, township, and school
district organizations are more likely than larger
governmental organizations to have populations of
50,000 or less, the total of these organizations is
52,095. The Commission made the same population
assumption about special districts, specifically that
they are likely to have a population of 50,000 or
less, and also assumed that special districts are
different from county, municipal, township, and
school districts, in 2007 there were 37,381 such
special districts. Therefore, there are a total of
89,476 local government organizations. As a basis
of estimating how many of these 89,476 local
government organizations were small, in 2011, the
Commission noted that there were a total of 715
cities and towns (incorporated places and minor
civil divisions) with populations over 50,000. CITY
AND TOWNS TOTALS: VINTAGE 2011—U.S.
Census Bureau, available at https://www.census.gov/
popest/data/cities/totals/2011/. The
Commission subtracted the 715 cities and towns
that meet or exceed the 50,000 population
threshold, and concluded that approximately
88,761 are small. U.S. CENSUS BUREAU,
STATISTICAL ABSTRACT OF THE UNITED
STATES 2011, Tables 427, 426 (Data cited therein
are from 2007).
14 See 47 CFR part 101 et seq. for common carrier
fixed microwave services (except Multipoint
Distribution Service).
15 Persons eligible under parts 80 and 90 of the
Commission’s rules can use Private OperationalFixed Microwave services. See 47 CFR parts 80 and
90. Stations in this service are called operationalfixed to distinguish them from common carrier and
public fixed stations. Only the licensee may use the
operational-fixed station and only for
communications related to the licensee’s
commercial, industrial, or safety operations.
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and broadcast auxiliary radio services.16
At present, there are approximately
22,015 common carrier fixed licensees
and 61,670 private operational-fixed
licensees and broadcast auxiliary radio
licensees in the microwave services.
The Commission had not created a size
standard for a small business
specifically with respect to fixed
microwave services. For purposes of
this analysis, the Commission used the
SBA small business size standard for the
category Wireless Telecommunications
Carriers (except Satellite), which is
1,500 or fewer employees.17 The
Commission did not have data
specifying the number of these licensees
that have no more than 1,500
employees, and thus it was unable to
estimate with greater precision the
number of fixed microwave service
licensees that would qualify as small
business concerns under the SBA’s
small business size standard.
Consequently, the Commission
estimated that there are 22,015 or fewer
common carrier fixed licensees and
61,670 or fewer private operationalfixed licensees and broadcast auxiliary
radio licensees in the microwave
services that may be small and may be
affected by the rules and policies
proposed herein. The Commission
noted, however, that the common
carrier microwave fixed licensee
category includes some large entities.
30. Wireless Equipment
Manufacturers. This industry is
comprised of businesses primarily
engaged in manufacturing radio,
television broadcast, and wireless
communications equipment. Examples
of products made by these
establishments are: transmitting and
receiving antennas, cable television
equipment, cordless phones, global
positioning system (GPS) equipment,
pagers, cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment.18 In this category, the SBA
has deemed a business manufacturing
radio and television broadcasting
equipment, wireless
telecommunications equipment, or both,
to be small if it has fewer than 750
16 Auxiliary Microwave Service is governed by
part 74 of title 47 of the Commission’s rules. See
47 CFR part 74. This service is available to licensees
of broadcast stations and to broadcast and cable
network entities. Broadcast auxiliary microwave
stations are used for relaying broadcast television
signals from the studio to the transmitter, or
between two points such as a main studio and an
auxiliary studio. The service also includes mobile
television pickups, which relay signals from a
remote location back to the studio.
17 13 CFR 121.201, NAICS code 517210.
18 https://www.census.gov/econ/industry/def/
d334220.htm.
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employees.19 For this category of
manufacturing, Census data for 2007
showed that there were 919 firms that
operated that year. Of those
establishments, 531 had between 1 and
19 employees; 240 had between 20 and
99 employees; and 148 had more than
100 employees.20 Since 771
establishments had fewer than 100
employees, and since only 148 had
more than 100 employees, the vast
majority of manufacturers in this
category would be considered small
under applicable standards. The rules
adopted in the Report and Order will
apply to small businesses that choose to
use, manufacture, design, import, or sell
part 15 auditory assistance devices.
There is no requirement, however, for
any entity to use, market, or produce
these types of products.
E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
31. The Report and Order expanded
the permissible uses of part 15 auditory
assistance devices to include
simultaneous language interpretation for
anyone at any location and reduced the
permitted level of part 15 auditory
assistance devices’ unwanted emissions
to the § 15.209 emissions limits. The
item did not contain any new reporting
or recordkeeping requirements.
32. After 18 months after the effective
date of the new rules in this proceeding,
the unwanted emissions of part 15
auditory assistance devices submitted
for equipment authorization must
comply with the § 15.209 emissions
limits. After 3 years of the effective date
of the new rules, the unwanted
emissions of part 15 auditory assistance
devices manufactured or imported for
sale in the U.S. must comply with the
emissions limits in § 15.209.
Manufacturers will incur engineering
services and production costs to design
and produce part 15 auditory assistance
devices whose unwanted emission
comply with the § 15.209 emission’s
limits. The § 15.209 emissions limits are
currently achievable for part 15 auditory
assistance devices’ unwanted emissions
at an estimated additional cost of 1 to
2 percent per device using industry
standard components employing
relatively straight-forward designs.21
The Commission expected that these
costs will be comparable for large and
small entities.
19 See
13 CFR 121.201, NAICS code 334220.
20 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=300&ds_name+EC0731I1&-_lang=en.
21 See Williams Sound comments at 3.
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
F. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
33. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.22
34. To reduce the burdens on small
entities, the Commission provided a 3year transition period for manufacturers
to produce new part 15 auditory
assistance devices with unwanted
emissions that comply with the § 15.209
emissions limits, after which the
domestic manufacture and importation
for domestic sale of part 15 auditory
assistance devices with unwanted
emissions that do not meet these lower
emissions limits must cease. However,
there is no limit on the marketing of part
15 auditory assistance devices
manufactured or imported prior to the
end of this 3-year transition period. In
addition, the Commission provided 18
months after the effective date of the
new rules in this proceeding for
manufacturers to produce part 15
auditory assistance devices with
unwanted emissions that comply with
the § 15.209 emissions limits in order to
receive an equipment authorization. The
Commission determined that this
should provide sufficient time for
manufacturers to obtain equipment
authorization from the Commission for
any part 15 auditory assistance devices
currently under development under the
current rules and to design and submit
to the Commission equipment
authorization applications for part 15
auditory assistance devices with
unwanted emissions that comply with
the § 15.209 emissions limits. It also
determined that his approach would
facilitate the lowering of part 15
auditory assistance devices’ unwanted
emissions to the § 15.209 emissions
limits without unduly impairing the
availability or cost of these devices. To
avoid imposing unnecessary financial
burdens on entities that produce,
market, or operate part 15 auditory
assistance devices, the Commission
22 5
U.S.C. 603(c).
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15:08 Jun 10, 2013
permitted part 15 auditory assistance
devices that have already been installed
or are in use prior to the end of the 3year transition period to be operated
without a cutoff date without having to
meet the § 15.209 emissions limits.
Paperwork Reduction Analysis
35. This document does not contain
any new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA). Public Law 104–13.
Congressional Review Act
36. The Commission will send a copy
of the Report and Order, including this
FRFA, in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act.23 In addition, the
Commission will send a copy of the
Report and Order, including this FRFA,
to the Chief Counsel for Advocacy of the
SBA.
Ordering Clauses
37. Pursuant to §§ 4(i), 302, 303(e),
303(f), and 307 of the Communications
Act of 1934, as amended, 47 U.S.C.
154(i), 302a, 303(e), 303(f), and 307, that
this Report and Order in ET Docket No.
10–26 is hereby ADOPTED, and part 15
of the Commission’s rules is amended as
set forth in Final Rules effective July 11,
2013.
38. The Consumer and Governmental
Affairs Bureau, Reference Information
Center, shall send a copy of this Report
and Order, including the Final
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 15 as
follows:
PART 15—RADIO FREQUENCY
DEVICES
1. The authority citation for part 15
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 304,
307, 336, 544a and 549.
2. Section 15.3 is amended by revising
paragraph (a) to read as follows:
■
23 See
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Frm 00061
Fmt 4700
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§ 15.3
34927
Definitions.
(a) Auditory assistance device. An
intentional radiator used to provide
auditory assistance communications
(including but not limited to
applications such as assistive listening,
auricular training, audio description for
the blind, and simultaneous language
translation) for:
(1) Persons with disabilities: In the
context of part 15 rules (47 CFR part 15),
the term ‘‘disability,’’ with respect to the
individual, has the meaning given to it
by section 3(2)(A) of the Americans with
Disabilities Act of 1990 (42 U.S.C.
12102(2)(A)), i.e., a physical or mental
impairment that substantially limits one
or more of the major life activities of
such individuals;
(2) Persons who require language
translation; or
(3) Persons who may otherwise
benefit from auditory assistance
communications in places of public
gatherings, such as a church, theater,
auditorium, or educational institution.
*
*
*
*
*
■ 3. Section 15.37 is amended by adding
paragraph (g) to read as follows:
§ 15.37 Transition provisions for
compliance with the rules.
*
*
*
*
*
(g) The manufacture or importation of
auditory assistance devices that operate
in the 72.0–73.0 MHz, 74.6–74.8 MHz,
and 75.2–76.0 MHz bands that do not
comply with the requirements of
§ 15.237(c) shall cease on or before July
11, 2016. Effective January 12, 2015,
equipment approval will not be granted
for auditory assistance devices that
operate in the 72.0–73.0 MHz, 74.6–74.8
MHz, and 75.2–76.0 MHz bands that do
not comply with the requirements of
§ 15.237(c). These rules do not prohibit
the sale or use of authorized auditory
assistance devices that operate in the
72.0–73.0 MHz, 74.6–74.8 MHz, and
75.2–76.0 MHz bands manufactured in
the United States, or imported into the
United States, prior to July 11, 2016.
■ 4. Section 15.237 is amended by
revising paragraph (c) to read as follows:
§ 15.237 Operation in the bands 72.0–73.0
MHz, 74.6–74.8 MHz and 75.2–76.0 MHz.
*
*
*
*
*
(c) The field strength within the
permitted 200 kHz band shall not
exceed 80 millivolts/meter at 3 meters.
The field strength of any emissions
radiated on any frequency outside of the
specified 200 kHz band shall not exceed
the general radiated emissions limits
specified in § 15.209. The emission
limits in this paragraph are based on
measurement instrumentation
employing an average detector. The
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Rules and Regulations
provisions in § 15.35 for limiting peak
emissions apply.
[FR Doc. 2013–13696 Filed 6–10–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130219149–3524–03]
RIN 0648–BC97
Revisions to Framework Adjustment
50 to the Northeast Multispecies
Fishery Management Plan and Sector
Annual Catch Entitlements; Updated
Annual Catch Limits for Sectors and
the Common Pool for Fishing Year
2013
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustment to specifications.
AGENCY:
SUMMARY: Based on the final Northeast
(NE) multispecies sector rosters
submitted as of May 1, 2013, we are
adjusting the fishing year (FY) 2013
specification of annual catch limits for
commercial groundfish vessels, as well
as sector annual catch entitlements for
groundfish stocks. This revision to
fishing year 2013 catch levels is
necessary to account for changes in the
number of participants electing to fish
in either sectors or the common pool
fishery.
Effective June 10, 2013, through
April 30, 2014.
FOR FURTHER INFORMATION CONTACT:
Allison Murphy, Fishery Policy Analyst,
(978) 281–9122.
SUPPLEMENTARY INFORMATION: The New
England Fishery Management Council
(Council) developed Amendment 16 to
the NE Multispecies Fishery
Management Plan (FMP), in part, to
establish a process for setting
groundfish annual catch limits (also
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DATES:
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referred to as ACLs or catch limits) and
accountability measures. The Council
has a biennial review process to develop
catch limits and revise management
measures. Framework Adjustment (FW)
50 and concurrent emergency actions
set annual catch limits for nine
groundfish stocks and three jointly
managed U.S./Canada stocks for FY
2013–2015. We recently partially
approved FW 50, which became
effective on May 1, 2013 (78 FR 26172;
May 3, 2013). In addition to the
specification set by FW 50, we took
emergency action to set the catch limits
for Georges Bank (GB) yellowtail
flounder and white hake. For more
information on these emergency actions,
please see the preamble to FW 50.
Along with FW 50 and the concurrent
emergency rule, we recently approved
FY 2013 sector operations plans and
allocations (78 FR 25591; May 2, 2013;
‘‘sector rule’’). A sector receives an
allocation of each stock, or annual catch
entitlement (referred to as ACE, or
allocation), based on its members’ catch
histories. State-operated permit banks
also receive an allocation that can be
transferred to qualifying sector vessels
(for more information, see the final rule
implementing Amendment 17 (77 FR
16942; March 23, 2012)). The sum of all
sector and state-operated permit bank
allocations is referred to as the sector
sub-ACL in the FMP. Whatever
groundfish allocation remains after
sectors and state-operated permit banks
receive their allocations is then
allocated to vessels not enrolled in a
sector (referred to as the common pool).
This allocation is also referred to as the
common pool sub-ACL.
Changes in sector membership require
ACL and ACE adjustments. This rule
adjusts the FY 2013 sector and common
pool allocations based on final sector
membership as of May 1, 2013.
Permitted vessels that wish to fish in a
sector must enroll by December 1 of
each year, with the fishing year
beginning the following May 1 and
lasting through April 30 of the next
year. However, due to a delay in
distributing each vessel’s potential
contribution to a sector’s quota for FY
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
2013, we delayed the deadline to join a
sector until March 29, 2013. Because
this deadline followed the publication
of the FW 50 and sector proposed rules,
FY 2012 membership was used to
estimate sector ACEs for FY 2013. In
addition, vessels had until April 30,
2013 (the day before the beginning of FY
2013) to drop out of a sector and fish in
the common pool. If the sector
allocation increases as a result of sector
membership changes, the common pool
allocation decreases—the opposite is
true as well. Because sector membership
has changed since FY 2012, which was
used in the FW 50 and sector rules, we
need to update the allocations to all
sectors and to the common pool.
The final number of permits enrolled
in a sector or state-operated permit bank
for FY 2013 is 851 (the same number of
permits enrolled in FY 2012 and a
decrease of 3 permits from March 29,
2013). All sector allocations assume that
each NE multispecies vessel enrolled in
a sector has a valid permit for FY 2013.
Tables 1, 2, and 3 (below) explain the
revised FY 2013 allocations as a
percentage and absolute amount (in
metric tons and pounds).
Table 4 compares the preliminary
allocations based on FY 2012
membership published in the FW 50
proposed and final rules, with the
revised allocations based on the final
sector and state-operated permit bank
rosters as of May 1, 2013. The table
shows that changes in sector allocations
due to updated rosters range from a
decrease of 0.32 percent of Gulf of
Maine (GOM) haddock, to an increase of
4.04 percent of Southern New England/
Mid-Atlantic (SNE/MA) yellowtail
flounder. Common pool allocation
adjustments range between a 16.17percent decrease in SNE/MA yellowtail
flounder, to a 59.09-percent increase in
GOM haddock. The changes in the
common-pool allocations are greater
because the common pool has a
significantly lower allocation for all
stocks, so even small changes appear
large when viewed as a percentage
increase or decrease.
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34922-34928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13696]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 15
[ET Docket No. 10-26; FCC 13-59]
Definition of Auditory Assistance Device
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document modifies the definition of ``auditory assistance
device'' in the Commission's rules to permit these devices to be used
by anyone at any location for simultaneous language interpretation
(simultaneous translation), where the spoken words are translated
continuously in near real time. The revised definition permits
unlicensed auditory assistance devices to be used to provide either
auditory assistance or simultaneous translation, or both, without
impeding these devices' capability to provide auditory assistance to
persons with disabilities. This document also lowers the limit for
these auditory assistance devices' unwanted emissions to the limits
provided for other unlicensed devices in the Commission's rules.
DATES: Effective July 11, 2013.
FOR FURTHER INFORMATION CONTACT: Patrick Forster, (202) 418-7061,
Policy and Rules Division, Office of Engineering and Technology, (202)
418-2290, Patrick.Forster@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, ET Docket No. 10-26, adopted May 1, 2013, and released May
2, 2013, FCC 13-59. The full text of the Report and Order is available
on the Commission's Internet site at www.fcc.gov. It is also available
for inspection and copying during regular business hours in the FCC
Reference Center (Room CY-A257), 445 12th Street SW., Washington, DC
20554. The full text of the Report and Order also may be purchased from
the Commission's duplication contractor, Best Copy and Printing Inc.,
Portals II, 445 12th St. SW., Room CY-B402, Washington, DC 20554;
telephone (202) 488-5300; fax (202) 488-5563; email FCC@BCPIWEB.COM.
Summary of the Report and Order
1. The Report and Order modified the definition of ``auditory
assistance device'' in part 15 of the Commission's rules to expand the
permissible uses of these devices beyond solely providing auditory
assistance to persons with disabilities (e.g., amplification of sounds
for the hard of hearing and audio description for the blind) to include
simultaneous translation for anyone at any location. This action
harmonized the part 15 definition of ``auditory assistance device''
with the definition of ``auditory assistance communications'' in part
95 of the Commission's rules. Under this expanded definition, part 15
auditory assistance devices that operate in the 72-73 MHz, 74.6-74.8
MHz, and 75.2-76 MHz (72-76 MHz) bands on an unlicensed basis may
provide auditory assistance or simultaneous translation, or both, to
anyone at any location.
2. The Report and Order also lowered the limit for part 15 auditory
assistance devices' unwanted emissions to the limits that are provided
in Sec. 15.209 of the Commission's rules to help reduce the likelihood
that the unwanted emissions from increased use of these devices for
simultaneous translation will degrade the reception of very high
frequency television (VHF TV) channels 2-4 (54-72 MHz) and 5-6 (76-88
MHz) and help improve the reception of VHF TV service.
3. On September 9, 2011, the Commission adopted an Order and Notice
of Proposed Rulemaking (Auditory Assistance Device NPRM) in this
proceeding in which it proposed to modify the part 15 definition of
``auditory assistance device'' to expand the permissible uses of these
devices to include simultaneous language interpretation by any person
at any location, in the same manner as permitted under part 95 for Low
Power Radio Service stations that operate in the 216-217 MHz band. The
Commission took this action in response to a petition for declaratory
ruling filed by Williams Sound Corporation (Williams Sound), a provider
of wireless auditory assistance devices.
4. In the Auditory Assistance Device NPRM, the Commission sought
comment on the advantages and disadvantages and potential benefits of
expanding the permissible uses of part 15 auditory assistance devices
and any qualitative or quantitative costs associated with this
proposal. It also sought comment on whether increased use of part 15
auditory assistance devices for simultaneous language interpretation
would increase the potential for harmful interference to authorized
services in the 72-76 MHz and adjacent bands and whether additional
safeguards or changes to the technical requirements for these devices
would be necessary to prevent harmful interference to those services.
In addition, the Commission sought comment on whether a more
restrictive limit for part 15 auditory assistance devices' out-of-band
emissions is needed to prevent harmful interference to authorized
services in the 72-76 MHz and adjacent bands and improve the reception
of VHF TV channels 2-6.
5. Part 15 auditory assistance devices may operate in a full duplex
mode of operation using necessary bandwidths up to 200 kilohertz wide.
All fundamental emissions must be contained wholly within the 72-73
MHz, 74.6-74.8 MHz, and 75.2-76 MHz bands with a maximum field strength
of 80 millivolts per meter (mV/m) measured at a distance of 3 meters,
which is equivalent to a maximum effective radiated power (ERP) of 1.2
milliwatts (mW). The field strength of any unwanted emissions
(emissions outside of the 200 kilohertz necessary bandwidth) must not
exceed 1,500 microvolts per meter ([mu]V/m) measured at a distance of 3
meters, which is equivalent to an ERP of 0.4 microwatts ([mu]W). In the
Auditory Assistance Device NPRM, the Commission asked what out-of-band
emissions limit would be appropriate--the Sec. 15.209 limit, the
unlicensed TV bands device limit, or some other limit--what would be an
appropriate transition period for compliance, and whether currently
approved part 15 auditory assistance devices should be grandfathered
for a limited time or permanently. In the Report and Order, the
Commission noted that although it used the term ``out-of-band''
emissions in the Auditory Assistance Devices NPRM when referring to
emissions outside of the frequency bands in which the auditory
assistance devices operate (paras. 20 and 21), the correct term to
describe the emissions outside of the necessary bandwidth of the
transmitting system is ``unwanted'' emissions, and so it used the term
``unwanted'' emissions where appropriate throughout the Report and
Order.
Discussion
6. In the Report and Order, the Commission modified the definition
of
[[Page 34923]]
``auditory assistance device'' in part 15 of its rules to expand the
permissible uses of these devices to include simultaneous language
interpretation. The expanded definition permits the use of part 15
auditory assistance devices by any person requiring translation
services at any location. The Commission concluded that the public
interest would be served by expanding the permissible uses of part 15
auditory assistance devices to include simultaneous translation. It
also concluded that the benefits of expanding service to the public far
outweighed any additional costs associated with implementing these
changes. The majority of commenters, providers of auditory assistance
devices and/or services, submitted that expanding the permissible uses
of part 15 auditory assistance devices to include simultaneous
interpretation would be in the public interest. The majority of
commenters also agreed with the Commission's tentative assessment that
expanding the permissible uses of part 15 auditory assistance devices
to include simultaneous translation would not increase costs to the
public.
7. The Commission agreed that expanding the permissible uses of
part 15 auditory assistance devices to include simultaneous translation
was in the public interest and would not increase costs. It determined
that permitting part 15 auditory assistance devices to be used for
simultaneous translation could reduce the costs of translation services
by increasing competition and allowing providers to use less expensive
RF equipment for simultaneous translation instead of higher-cost
infrared technology equipment. It also determined that expanding these
devices permissible uses would likely reduce auditory assistance
equipment costs, result in economies of scale in production and
marketing, and introduce more competition for such devices. The
Commission decided that this action would promote more flexible and
efficient use of part 15 auditory assistance devices by allowing them
to be used for either auditory assistance or simultaneous translation,
or both, without impeding their ability to provide auditory assistance
to persons with disabilities. It also decided that permitting such use
of these devices would increase the comprehension of persons that need
language translation in public venues while lowering the ambient noise
level for all listeners, thereby enhancing the auditory experience of
all listeners.
8. The Commission was not persuaded that allowing part 15 auditory
assistance devices to be used for simultaneous language interpretation
would penalize entities that provide translation services via higher-
cost infrared technology equipment. Instead, it determined that the
marketplace provides the best measure for determining which technology
is optimal for addressing the translation needs of users. This approach
would permit each interpreter to analyze customers' needs in its market
area and employ the technology that best meets their needs. For
example, some customers may prefer the inherent security and privacy of
infrared technology over the capabilities of RF technology. The
Commission also decided that part 15 auditory assistance devices' use
of the 72-76 MHz bands should not be limited only to providing
assistance to persons with disabilities under the Americans with
Disabilities Act of 1990 (ADA). Although part 15 auditory assistance
devices had previously been restricted under the Commission's rules to
solely providing aural assistance to persons with disabilities,
unlicensed use of the 72-76 MHz bands is not restricted under the ADA
or the Communications Act of 1934 to only uses covered by the ADA.
9. The Commission also concluded that permitting part 15 auditory
assistance devices to be used for simultaneous language interpretation
would not, per se, increase the potential for harmful interference
(i.e., interference that seriously degrades, obstructs, or repeatedly
interrupts a radicommunication service) to authorized services in the
72-76 MHz and adjacent bands, especially since no commenter had
expressed concern that increased use of part 15 auditory assistance
devices for simultaneous interpretation would cause harmful
interference to authorized services. As the Commission noted in the
Auditory Assistance Device NPRM, the interference potential of a part
15 auditory assistance device is generally unrelated to the number of
users or type of use. Rather, the interference potential is a function
of the device's operating characteristics and parameters. There is no
difference in the interference potential of a part 15 auditory
assistance device whether it is used for auditory assistance or
simultaneous translation.
10. The Commission agreed with commenters that the existing limit
for part 15 auditory assistance devices' fundamental emissions was
already sufficient to prevent increased use of these devices for
simultaneous translation from causing harmful interference to
authorized services. The absence of any reports of harmful interference
to date supported this conclusion. It also noted that although the
locations and channels where part 15 auditory assistance devices are
operated may increase by expanding their permissible uses to include
simultaneous translation, the market for and use of these devices
should remain limited and they would not be ubiquitously deployed. The
Commission expected that this outcome, coupled with their relatively
low fundamental emissions limit, would help prevent increased use of
part 15 auditory assistance devices for simultaneous translation from
causing harmful interference to authorized services.
11. The Commission was not persuaded that increased use of part 15
auditory assistance devices for simultaneous translation would
interfere with other part 15 auditory assistance devices providing
auditory assistance by ``crowding'' the frequencies. As noted, these
devices' fundamental signals may transmit in bandwidths up to 200
kilohertz wide in the 72-73 MHz, 74.6 74.8 MHz, and 75.2-76 MHz bands,
so ample spectrum would be available for multiple applications.
Further, part 15 auditory assistance devices' low power levels would
enable other parties to re-use their frequencies at nearby locations.
12. With respect to part 15 auditory assistance devices' unwanted
emissions (i.e., emissions outside of the 200 kilohertz necessary
bandwidths), comments were mixed on whether the Commission should
modify the limit for these emissions. In the Auditory Assistance Device
NPRM, the Commission proposed that part 15 auditory assistance devices'
out-of-band emissions limit be lowered to the general emissions limits
for other unlicensed devices that are specified in rule Sec. 15.209.
The Commission noted that expanding the permissible use of these
devices at any location could increase their use at locations where
they are not also used to provide auditory assistance to disabled
individuals as well as increase the number of channels operated at any
given location to provide both auditory assistance and simultaneous
translation. Out of concern that the unwanted emissions from increased
use of part 15 auditory assistance devices for simultaneous
interpretation could degrade the reception of particularly sensitive
VHF TV channels 2-6, the Commission decided to lower the unwanted
emissions limit of part 15 auditory assistance devices to the emissions
limit in Sec. 15.209 that is applicable to other unlicensed devices.
[[Page 34924]]
13. The current allowed unwanted emissions limit of 1,500 [mu]V/m
at 3 meters for part 15 auditory assistance devices that operate in the
72-76 MHz bands is 15 times higher (23.5 dB more power) than the Sec.
15.209 emissions limit of 100 [mu]V/m at 3 meters that applies to most
other part 15 devices' unwanted emissions in the 72-76 MHz and adjacent
bands. It is also 18 times higher (25 dB more power) than the unwanted
emissions limit of 84 [mu]V/m at 3 meters that applies to part 15
personal/portable TV bands devices that operate in bands adjacent to
occupied TV channels. Accordingly, the Commission lowered the limit for
part 15 auditory assistance devices unwanted emissions to the general
emission limits for other unlicensed devices that are specified in rule
Sec. 15.209. Although part 15 auditory assistance devices had not had
a history of causing harmful interference to authorized services under
the current rules, the Commission decided that this approach would help
reduce the likelihood of harmful interference as their use increases
and help improve the reception of VHF TV channels 2-6 and accordingly
was in the public interest.
14. In support of this decision, the Commission noted in the Report
and Order that since the time that it adopted the rules for part 15
auditory assistance device transmitters in 1972, all full service TV
stations have converted from analog to digital transmissions. The
Commission also noted that it had previously sought comment on measures
to improve digital TV reception for consumers on VHF channels and
encourage broadcasters to use these channels in the future. It further
noted that one of the problems with indoor VHF TV reception is the high
levels of noise on those channels from nearby consumer electronics
equipment and that the Commission had previously stated that it would
be desirable to reduce that noise and sought comment on what actions it
might take to reduce such noise in the VHF TV bands.
15. In addition, since the Commission adopted the Auditory
Assistance Device NPRM, the ``Middle Class Tax Relief and Job Creation
Act of 2012'' (Spectrum Act) was enacted to enable the Commission to
make more efficient use of the TV bands spectrum by freeing up
broadcast TV spectrum for wireless broadband services. Section
6403(a)(2) of the Spectrum Act directs the Commission to conduct a
reverse auction of broadcast television spectrum that includes, inter
alia, a bid option for participants' voluntary relinquishment of ``all
usage rights with respect to an ultra high frequency television channel
in return for receiving usage rights with respect to a very high
frequency television channel . . .'' (UHF to VHF bid). In the incentive
auction proceeding, the Commission sought comment on whether to permit
eligible licensees to participate in the auction by agreeing to
relinquish a high VHF channel in exchange for a low VHF channel. In
that proceeding, the Commission again recognized that increased signal
interference caused by the higher levels of ambient noise from other
electronic devices operating on or near the low VHF frequency range can
make the use of the low VHF channels difficult and could deter reverse
auction participation.
16. The Commission decided that commenters'contention that most
increased use of part 15 auditory assistance devices for simultaneous
translation would not be proximate to VHF TV reception areas was not
compelling--it was not self-evident, it disregarded the consequences of
harmful interference where it could occur, and it disregarded locations
at which these frequencies could be used post-auction. In light of its
efforts to make the VHF channels more useful to broadcasters by
improving the reception of VHF digital TV and consistent with the
objectives in the Spectrum Act, the Commission concluded that it is in
the public interest and sound public policy to require part 15 auditory
assistance devices' unwanted emissions to comply with the Sec. 15.209
emissions limits. The Commission provided a transition period to
implement this requirement, and grandfathered all devices installed
prior to the end of the transition period. The Commission was persuaded
by the record that reducing the unwanted emissions limit of part 15
auditory assistance devices to the Sec. 15.209 emissions limits could
be accomplished using current technology at minimal cost, and that the
Sec. 15.209 emissions limits were achievable in part 15 auditory
assistance devices using industry standard components employing
relatively straight-forward designs at a small additional cost of 1 to
2 percent per device.
17. The Commission agreed with commenters that the 18-month and 3-
year transition periods it had proposed should provide sufficient time
for manufacturers to design part 15 auditory assistance devices with
unwanted emissions that comply with Sec. 15.209, obtain equipment
certification, and plan the transition for manufacturing transmitters
with the new design. It provided an 18-month transition period after
the effective date of the new rules during which part 15 auditory
assistance devices may continue to be certified under the current rules
for such devices in Sec. 15.237; after that time no such equipment
will be certified unless its unwanted emissions are compliant with
Sec. 15.209. It also provided an additional 18 months during which
such equipment certified under the current Sec. 15.237 rules may
continue to be manufactured and imported. After this 3-year period, no
such equipment may be manufactured or imported unless its unwanted
emissions are compliant with Sec. 15.209. There is no deadline on the
marketing of equipment that was manufactured or imported prior to the
end of this 3-year period.
18. Beginning 18 months after the effective date of the new rules,
equipment certification may no longer be obtained for part 15 auditory
assistance devices with unwanted emissions that do not meet the Sec.
15.209 limits. Until the end of the 3-year transition period, the
Commission will permit Class II permissive changes for equipment
certified prior to the 18-month transition date, as well as their
continued manufacture, marketing, installation, and importation. After
the end of the 3-year transition period, Class II permissive changes
for such devices will not be permitted nor will their manufacture,
marketing, installation, or importation. The Commission found that
these requirements would facilitate the transition to tighter unwanted
emissions limits without unduly impairing the availability or cost of
part 15 auditory assistance devices or imposing undue burdens on
manufacturers, translation services providers, or the public.
19. The Commission agreed with commenters that part 15 auditory
assistance devices that are already installed or in use should be
grandfathered for the life of the equipment. It decided that requiring
the upgrade or replacement of existing part 15 auditory assistance
devices with units having unwanted emissions that comply with the Sec.
15.209 emissions limits would be an unnecessary financial burden on
operators of these devices and could inhibit the ability of operators
of public venues to provide auditory assistance to persons with
disabilities as required by the ADA. It also decided that
grandfathering existing equipment would ensure that entities will be
permitted to operate their existing part 15 auditory assistance devices
until replacement is necessary or desired due to age, malfunction, or
other concerns, and would facilitate continued compliance with the ADA.
[[Page 34925]]
20. The Commission amended the definition of ``auditory assistance
device'' in part 15 of the rules to expand the permissible uses of
these devices to include simultaneous language interpretation for
anyone at any location. It also amended Sec. 15.237 to require that
part 15 auditory assistance devices' unwanted emissions comply with the
Sec. 15.209 emissions limits. In addition, it established a 3-year
transition period after the effective date of the rules adopted in this
proceeding for manufacturers to cease the domestic manufacture or
importation for domestic sale of part 15 auditory assistance devices
that do not comply with the revised unwanted emissions limits. The
Commission also established a cutoff date of 18 months after the
effective date of the new rules after which unwanted emissions from new
part 15 auditory assistance devices must comply with the Sec. 15.209
emissions limits in order to order to receive an equipment
authorization. Except for the tighter unwanted emissions limits, the
other administrative and technical requirements for operation of part
15 auditory assistance devices in the 72-73 MHz, 74.6-74.8 MHz, and
75.2-76 MHz bands remained unchanged.
Paperwork Reduction Analysis
21. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13.
Congressional Review Act
22. The Commission will send a copy of this Report and Order, in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
23. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Notice of Proposed Rulemaking (Auditory Assistance
Device NPRM) in ET Docket No. 10-26.\2\ The Commission sought written
public comment on the proposals in the Auditory Assistance Device NPRM,
including comment on the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.\3\
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601--612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ See Amendment of part 15 of the Commission's rules to Amend
the Definition of Auditory Assistance Devices in Support of
Simultaneous Language Interpretation, ET Docket No. 10-26, Order and
Notice of Proposed Rulemaking, 26 FCC Rcd 13600, 13612-14 (2012)
(Auditory Assistance Device NPRM).
\3\ See 5 U.S.C. 604.
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A. Need for, and Objectives of, the Report and Order
24. In the Report and Order, the Commission expanded the
permissible uses of part 15 auditory assistance devices that operate in
the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76 MHz bands (72-76 MHz
bands) beyond solely aural assistance for persons with disabilities to
include simultaneous language interpretation for anyone at any
location. It also reduced the limit for part 15 auditory assistance
devices' unwanted emissions to the radiated emissions limits specified
in Sec. 15.209. The objectives of the Commission in the Report and
Order were to allow part 15 auditory assistance devices to be used for
simultaneous translation by anyone at any location, remove barriers to
communications, provide greater flexibility and enhanced benefits for
persons wishing to use auditory assistance technologies, expand the
opportunities to deploy auditory assistance devices, and improve the
reception of VHF TV channels 2-6.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
25. No public comments were received in response to the IRFA in the
Auditory Assistance Device NPRM. However, in general comments on the
Auditory Assistance Device NPRM, some commenters raised issues that
might affect small entities. In particular, one commenter argued that
allowing part 15 auditory assistance devices to be used for
simultaneous translation would penalize entities that have purchased
higher-cost infrared technology equipment to provide simultaneous
translation. One commenter also argued that use of part 15 auditory
assistance devices for simultaneous translation is not an Americans
with Disabilities Act (ADA) of 1990 use and would interfere or disrupt
other part 15 auditory assistance devices by crowding the frequencies.
Commenters also requested that if the Commission imposed stricter out-
of-band emissions limits on part 15 auditory assistance devices, then a
transition period for compliance with the new limits should be
established and existing part 15 auditory assistance devices should be
grandfathered for the life of the equipment. The Commission carefully
considered each of these comments in reaching the decisions set forth
in the Report and Order.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
26. Pursuant to the Small Business Jobs Act of 2010, the Commission
is required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration (SBA), and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments. The Chief Counsel did not file any comments in
response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rule Will Apply
27. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.\4\ The RFA generally
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act.\5\ A small business concern is one which: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
SBA.\6\
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\4\ Id. at 603(b)(3).
\5\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the
RFA, 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).
\6\ Small Business Act, 15 U.S.C. 632 (1996).
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28. Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. The Commission's actions may, over time, affect small
entities that are not easily categorized at present. It therefore
described here, at the outset, three comprehensive, statutory small
entity size standards that encompass entities that could be directly
affected by the proposals under consideration.\7\ As of 2009, small
businesses represented 99.9 percent of the 27.5 million businesses in
the United States, according to the SBA.\8\ Additionally, a
[[Page 34926]]
``small organization'' is generally ``any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field.'' \9\ Nationwide, as of 2007, there were approximately 1,621,315
small organizations.\10\ Finally, the term ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' \11\ Census
Bureau data for 2007 indicate that there were 89,527 governmental
jurisdictions in the United States.\12\ The Commission estimated that,
of this total, as many as 88,761 entities may qualify as ``small
governmental jurisdictions.'' \13\ Thus, the Commission estimated that
most governmental jurisdictions are small.
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\7\ See 5 U.S.C. 601(3)-(6).
\8\ See SBA, Office of Advocacy, ``Frequently Asked Questions,''
available at https://web.sba.gov/faqs/faqindex.cfm?areaID=24 (last
visited Aug. 31, 2012).
\9\ 5 U.S.C. 601(4).
\10\ Independent Sector, The New Nonprofit Almanac & Desk
Reference (2010).
\11\ 5 U.S.C. 601(5).
\12\ U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED
STATES: 2011, Table 427 (2007).
\13\ The 2007 U.S Census data for small governmental
organizations are not presented based on the size of the population
in each such organization. There were 89,476 local governmental
organizations in 2007. The Commission assumed that county,
municipal, township, and school district organizations are more
likely than larger governmental organizations to have populations of
50,000 or less, the total of these organizations is 52,095. The
Commission made the same population assumption about special
districts, specifically that they are likely to have a population of
50,000 or less, and also assumed that special districts are
different from county, municipal, township, and school districts, in
2007 there were 37,381 such special districts. Therefore, there are
a total of 89,476 local government organizations. As a basis of
estimating how many of these 89,476 local government organizations
were small, in 2011, the Commission noted that there were a total of
715 cities and towns (incorporated places and minor civil divisions)
with populations over 50,000. CITY AND TOWNS TOTALS: VINTAGE 2011--
U.S. Census Bureau, available at https://www.census.gov/popest/data/cities/totals/2011/. The Commission subtracted the 715
cities and towns that meet or exceed the 50,000 population
threshold, and concluded that approximately 88,761 are small. U.S.
CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 2011,
Tables 427, 426 (Data cited therein are from 2007).
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29. Fixed Microwave Services. Fixed microwave services include
common carrier,\14\ private operational-fixed,\15\ and broadcast
auxiliary radio services.\16\ At present, there are approximately
22,015 common carrier fixed licensees and 61,670 private operational-
fixed licensees and broadcast auxiliary radio licensees in the
microwave services. The Commission had not created a size standard for
a small business specifically with respect to fixed microwave services.
For purposes of this analysis, the Commission used the SBA small
business size standard for the category Wireless Telecommunications
Carriers (except Satellite), which is 1,500 or fewer employees.\17\ The
Commission did not have data specifying the number of these licensees
that have no more than 1,500 employees, and thus it was unable to
estimate with greater precision the number of fixed microwave service
licensees that would qualify as small business concerns under the SBA's
small business size standard. Consequently, the Commission estimated
that there are 22,015 or fewer common carrier fixed licensees and
61,670 or fewer private operational-fixed licensees and broadcast
auxiliary radio licensees in the microwave services that may be small
and may be affected by the rules and policies proposed herein. The
Commission noted, however, that the common carrier microwave fixed
licensee category includes some large entities.
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\14\ See 47 CFR part 101 et seq. for common carrier fixed
microwave services (except Multipoint Distribution Service).
\15\ Persons eligible under parts 80 and 90 of the Commission's
rules can use Private Operational-Fixed Microwave services. See 47
CFR parts 80 and 90. Stations in this service are called
operational-fixed to distinguish them from common carrier and public
fixed stations. Only the licensee may use the operational-fixed
station and only for communications related to the licensee's
commercial, industrial, or safety operations.
\16\ Auxiliary Microwave Service is governed by part 74 of title
47 of the Commission's rules. See 47 CFR part 74. This service is
available to licensees of broadcast stations and to broadcast and
cable network entities. Broadcast auxiliary microwave stations are
used for relaying broadcast television signals from the studio to
the transmitter, or between two points such as a main studio and an
auxiliary studio. The service also includes mobile television
pickups, which relay signals from a remote location back to the
studio.
\17\ 13 CFR 121.201, NAICS code 517210.
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30. Wireless Equipment Manufacturers. This industry is comprised of
businesses primarily engaged in manufacturing radio, television
broadcast, and wireless communications equipment. Examples of products
made by these establishments are: transmitting and receiving antennas,
cable television equipment, cordless phones, global positioning system
(GPS) equipment, pagers, cellular phones, mobile communications
equipment, and radio and television studio and broadcasting
equipment.\18\ In this category, the SBA has deemed a business
manufacturing radio and television broadcasting equipment, wireless
telecommunications equipment, or both, to be small if it has fewer than
750 employees.\19\ For this category of manufacturing, Census data for
2007 showed that there were 919 firms that operated that year. Of those
establishments, 531 had between 1 and 19 employees; 240 had between 20
and 99 employees; and 148 had more than 100 employees.\20\ Since 771
establishments had fewer than 100 employees, and since only 148 had
more than 100 employees, the vast majority of manufacturers in this
category would be considered small under applicable standards. The
rules adopted in the Report and Order will apply to small businesses
that choose to use, manufacture, design, import, or sell part 15
auditory assistance devices. There is no requirement, however, for any
entity to use, market, or produce these types of products.
---------------------------------------------------------------------------
\18\ https://www.census.gov/econ/industry/def/d334220.htm.
\19\ See 13 CFR 121.201, NAICS code 334220.
\20\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=300&-ds_name+EC0731I1&-_lang=en.
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E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
31. The Report and Order expanded the permissible uses of part 15
auditory assistance devices to include simultaneous language
interpretation for anyone at any location and reduced the permitted
level of part 15 auditory assistance devices' unwanted emissions to the
Sec. 15.209 emissions limits. The item did not contain any new
reporting or recordkeeping requirements.
32. After 18 months after the effective date of the new rules in
this proceeding, the unwanted emissions of part 15 auditory assistance
devices submitted for equipment authorization must comply with the
Sec. 15.209 emissions limits. After 3 years of the effective date of
the new rules, the unwanted emissions of part 15 auditory assistance
devices manufactured or imported for sale in the U.S. must comply with
the emissions limits in Sec. 15.209. Manufacturers will incur
engineering services and production costs to design and produce part 15
auditory assistance devices whose unwanted emission comply with the
Sec. 15.209 emission's limits. The Sec. 15.209 emissions limits are
currently achievable for part 15 auditory assistance devices' unwanted
emissions at an estimated additional cost of 1 to 2 percent per device
using industry standard components employing relatively straight-
forward designs.\21\ The Commission expected that these costs will be
comparable for large and small entities.
---------------------------------------------------------------------------
\21\ See Williams Sound comments at 3.
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[[Page 34927]]
F. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
33. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\22\
---------------------------------------------------------------------------
\22\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------
34. To reduce the burdens on small entities, the Commission
provided a 3-year transition period for manufacturers to produce new
part 15 auditory assistance devices with unwanted emissions that comply
with the Sec. 15.209 emissions limits, after which the domestic
manufacture and importation for domestic sale of part 15 auditory
assistance devices with unwanted emissions that do not meet these lower
emissions limits must cease. However, there is no limit on the
marketing of part 15 auditory assistance devices manufactured or
imported prior to the end of this 3-year transition period. In
addition, the Commission provided 18 months after the effective date of
the new rules in this proceeding for manufacturers to produce part 15
auditory assistance devices with unwanted emissions that comply with
the Sec. 15.209 emissions limits in order to receive an equipment
authorization. The Commission determined that this should provide
sufficient time for manufacturers to obtain equipment authorization
from the Commission for any part 15 auditory assistance devices
currently under development under the current rules and to design and
submit to the Commission equipment authorization applications for part
15 auditory assistance devices with unwanted emissions that comply with
the Sec. 15.209 emissions limits. It also determined that his approach
would facilitate the lowering of part 15 auditory assistance devices'
unwanted emissions to the Sec. 15.209 emissions limits without unduly
impairing the availability or cost of these devices. To avoid imposing
unnecessary financial burdens on entities that produce, market, or
operate part 15 auditory assistance devices, the Commission permitted
part 15 auditory assistance devices that have already been installed or
are in use prior to the end of the 3-year transition period to be
operated without a cutoff date without having to meet the Sec. 15.209
emissions limits.
Paperwork Reduction Analysis
35. This document does not contain any new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA). Public Law 104-13.
Congressional Review Act
36. The Commission will send a copy of the Report and Order,
including this FRFA, in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act.\23\ In addition, the Commission will send a copy of the Report and
Order, including this FRFA, to the Chief Counsel for Advocacy of the
SBA.
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\23\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------
Ordering Clauses
37. Pursuant to Sec. Sec. 4(i), 302, 303(e), 303(f), and 307 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 302a,
303(e), 303(f), and 307, that this Report and Order in ET Docket No.
10-26 is hereby ADOPTED, and part 15 of the Commission's rules is
amended as set forth in Final Rules effective July 11, 2013.
38. The Consumer and Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Report and Order,
including the Final Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 15
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 15 as follows:
PART 15--RADIO FREQUENCY DEVICES
0
1. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a and
549.
0
2. Section 15.3 is amended by revising paragraph (a) to read as
follows:
Sec. 15.3 Definitions.
(a) Auditory assistance device. An intentional radiator used to
provide auditory assistance communications (including but not limited
to applications such as assistive listening, auricular training, audio
description for the blind, and simultaneous language translation) for:
(1) Persons with disabilities: In the context of part 15 rules (47
CFR part 15), the term ``disability,'' with respect to the individual,
has the meaning given to it by section 3(2)(A) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), i.e., a physical or
mental impairment that substantially limits one or more of the major
life activities of such individuals;
(2) Persons who require language translation; or
(3) Persons who may otherwise benefit from auditory assistance
communications in places of public gatherings, such as a church,
theater, auditorium, or educational institution.
* * * * *
0
3. Section 15.37 is amended by adding paragraph (g) to read as follows:
Sec. 15.37 Transition provisions for compliance with the rules.
* * * * *
(g) The manufacture or importation of auditory assistance devices
that operate in the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0 MHz
bands that do not comply with the requirements of Sec. 15.237(c) shall
cease on or before July 11, 2016. Effective January 12, 2015, equipment
approval will not be granted for auditory assistance devices that
operate in the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0 MHz bands
that do not comply with the requirements of Sec. 15.237(c). These
rules do not prohibit the sale or use of authorized auditory assistance
devices that operate in the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0
MHz bands manufactured in the United States, or imported into the
United States, prior to July 11, 2016.
0
4. Section 15.237 is amended by revising paragraph (c) to read as
follows:
Sec. 15.237 Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz and
75.2-76.0 MHz.
* * * * *
(c) The field strength within the permitted 200 kHz band shall not
exceed 80 millivolts/meter at 3 meters. The field strength of any
emissions radiated on any frequency outside of the specified 200 kHz
band shall not exceed the general radiated emissions limits specified
in Sec. 15.209. The emission limits in this paragraph are based on
measurement instrumentation employing an average detector. The
[[Page 34928]]
provisions in Sec. 15.35 for limiting peak emissions apply.
[FR Doc. 2013-13696 Filed 6-10-13; 8:45 am]
BILLING CODE 6712-01-P