Enable Railroad Police Officers To Access Public Safety Interoperability and Mutual Aid Channels, 58421-58427 [2015-24441]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Proposed Rules]
[Pages 58421-58427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24441]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 15-199; FCC 15-105]


Enable Railroad Police Officers To Access Public Safety 
Interoperability and Mutual Aid Channels

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on proposals to amend the 
Commission's rules to provide railroad police with access to public 
safety interoperability and mutual aid channels. By this action, the 
Commission affords interested parties an opportunity to submit comments 
on these proposed rule changes.

DATES: Comments are due on or before November 13, 2015 and reply 
comments are due on or before November 30, 2015.

ADDRESSES: You may submit comments, identified by PS Docket No. 15-199, 
by any of the following methods:
     Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.

[[Page 58422]]


FOR FURTHER INFORMATION CONTACT: John Evanoff, Attorney-Advisor of the 
Public Safety and Homeland Security Bureau, Policy and Licensing 
Division, at (202) 418-0848, or by email to john.evanoff@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 15-105, released on September 1, 2015. The 
document is available for download at https://fjallfoss.fcc.gov/edocs-public/. The complete text of this document is also available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. To request materials in accessible formats 
for people with disabilities (Braille, large print, electronic files, 
audio format), send an email to FCC504@fcc.gov or call the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).
    In the Notice of Proposed Rulemaking (NPRM) in PS Docket No. 15-
199, the Commission initiates a new proceeding to amend the part 90 
rules governing access to public safety interoperability and mutual aid 
channels. The Commission seeks comment on expanding eligibility to 
allow railroad police officers employed by Class I, Class II and Class 
III railroads as defined by the U.S. Department of Transportation's 
Surface Transportation Board (STB) and recognized by the Federal 
Railroad Administration (FRA) to operate on public safety 
interoperability and mutual aid channels. Further, the Commission seeks 
comment on alternatives for defining eligible railroad police officers, 
including expanding the definition to include part-time rail police and 
Amtrak. The Commission also seeks comment on requiring railroad police 
officers to obtain governmental authorization to operate on the 700 MHz 
interoperability channels as required by Sec.  90.523 of the 
Commission's rules and Section 337(f)(1) of the Communications Act of 
1934, as amended. Additionally, the Commission seeks comment on 
requiring railroad police officers seeking to license the 
interoperability channels to obtain frequency coordination and submit a 
license application, in the event that it is decided that railroads can 
operate base and control stations on interoperability channels.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours are 
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes and boxes must be disposed of 
before entering the building.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty). Commenters who file information that they believe 
should be withheld from public inspection may request confidential 
treatment pursuant to Sec.  0.459 of the Commission's rules. Commenters 
should file both their original comments for which they request 
confidentiality and redacted comments, along with their request for 
confidential treatment. Commenters should not file proprietary 
information electronically. See Examination of Current Policy 
Concerning the Treatment of Confidential Information Submitted to the 
Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on 
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants 
confidential treatment, information that does not fall within a 
specific exemption pursuant to the Freedom of Information Act (FOIA) 
must be publicly disclosed pursuant to an appropriate request. See 47 
CFR 0.461; 5 U.S.C. 552. We note that the Commission may grant requests 
for confidential treatment either conditionally or unconditionally. As 
such, we note that the Commission has the discretion to release 
information on public interest grounds that does fall within the scope 
of a FOIA exemption.
    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

[[Page 58423]]

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA) the Commission prepared this Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in this Notice of Proposed Rulemaking (NPRM). Written public comments 
are requested on this IRFA. Comments must be filed by the same dates as 
listed on the first page of the NPRM and must have a separate and 
distinct heading designating them as responses to this IRFA. The 
Commission will send a copy of the NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
In addition, the NPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    The NPRM is intended to determine whether it is in the public 
interest, convenience and necessity to amend the Part 90 rules to 
reduce regulatory barriers and facilitate railroad police access to 
public safety interoperability and mutual aid channels. Specifically, 
in response to a Petition for Rulemaking filed by the National Public 
Safety Telecommunications Council (NPSTC), the NPRM seeks comment on 
expanding eligibility to allow railroad police officers employed by a 
Class I, Class II and Class III railroad as defined by the U.S. 
Department of Transportation's Surface Transportation Board (STB) and 
recognized by the Federal Railroad Administration (FRA) to operate on 
public safety interoperability channels in the VHF and UHF bands below 
512 MHz, 700 MHz narrowband and 800 MHz NPSPAC band. Commenters were 
uniformly supportive of the NPSTC proposal, which the Public Safety and 
Homeland Security Bureau placed on Public Notice. These commenters, 
including the U.S. Department of Transportation, cited the safety of 
life and property role that railroad police officers play in 
emergencies. In certain emergencies, such as accidents involving 
railroads or security incidents involving the U.S. rail network, public 
safety personnel may need to communicate with railroad police. 
Additionally, Congress enacted the Implementing Recommendations of the 
9/11 Commission Act of 2007 (9/11 Recommendations Act), which provides 
that railroad grant funding may be used, inter alia, to acquire 
``communications equipment, including equipment that is interoperable 
with Federal, State, and local agencies and tribal governments[.]'' 
Therefore, in light of the record and expression of Congressional 
intent, the NPRM seeks comment on amending the eligibility rules 
applicable to interoperability spectrum.
    As discussed below, the Commission has endeavored to keep the 
burdens associated with this rule change as simple and minimal as 
possible. The NPRM seeks comment on requiring railroad police officers 
to obtain governmental authorization to operate on the 700 MHz 
interoperability channels as required by Sec.  90.523 of the 
Commission's rules and Section 337(f)(1) of the Communications Act of 
1934, as amended. Further, the NPRM seeks comment on requiring railroad 
police officers seeking to license the interoperability channels to 
obtain frequency coordination and submit a license application, in the 
event that it is decided that railroads can operate base and control 
stations on interoperability channels. Additionally, the NPRM seeks 
comment on alternatives to licensing on the interoperability channels 
in order to minimize the burden on railroad entities, as discussed 
below. OMB, the general public, and other Federal agencies are invited 
to comment on the new or modified information collection requirements 
contained in this proceeding. In addition, we note that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we seek specific comment on how the Commission might 
further reduce the information collection burden for small business 
concerns with fewer than 25 employees.
    Finally, we propose to update Sec.  90.20 of the Commission's rules 
to explicitly identify the nationwide interoperability channels to 
facilitate interoperability among Federal, State, Local, Tribal and 
Railroad Police entities. The Commission concludes that it is necessary 
to eliminate uncertainty and to codify the flexible licensing approach 
concerning the use of all the public safety interoperability channels.

Legal Basis

    These proposed actions are taken under Sections 1, 2, 4(i), 4(j), 
301, 303, 316, and 337 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 152, 154(i), 154(j), 301, 303, 316, 332 and 337.

Estimate of the Number of Small Entities to Which the Proposed Rules 
Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' ``Small governmental jurisdiction'' generally means 
``governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with a population of less than 
50,000.'' The official count of local governments in the United States 
for 2012 was 90,056, comprising 38,910 general-purpose governments and 
51,146 special-purpose governments. General purpose governments include 
those classified as counties, municipalities, and townships. For this 
category, census data for 2012 show that there were approximately 
37,132 counties, cities and towns that have populations of fewer than 
50,000. In addition, the term ``small business'' has the same meaning 
as the term ``small business concern'' under the Small Business Act. A 
small business concern is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA. Below, we 
describe and estimate the number of small entities that may be affected 
by the rules changes proposed in this NPRM.
    Private Land Mobile Radio Licensees. PLMR systems serve an 
essential role in a range of industrial, business, land transportation, 
and public safety activities. These radios are used by companies of all 
sizes operating in all U.S. business categories, and are often used in 
support of the licensee's primary (non-telecommunications) business 
operations. Because of the vast array of PLMR users, which includes 
railroads, the Commission has not developed a small business size 
standard specifically applicable to PLMR users. The SBA rules, however, 
contain a definition for Wireless Telecommunications Carriers (except 
Satellite) which encompasses business entities engaged in 
radiotelephone communications employing no more than 1,500 persons. For 
this category, census data for 2007 show that there were 11,163 
establishments that operated for the entire year. Of this total, 10,791 
establishments had employment of 999 or fewer employees and 372 had 
employment of 1000

[[Page 58424]]

employees or more. Under this category and the associated small 
business size standard, the Commission estimates that the majority of 
wireless telecommunications carriers (except satellite) are small 
entities. The Commission, however, does not require PLMR licensees to 
disclose information about number of employees, so the Commission does 
not have information that could be used to determine how many PLMR 
licensees constitute small entities under this definition. We note that 
PLMR licensees generally use the licensed facilities in support of 
other business activities, and therefore, it would also be helpful to 
assess PLMR licensees under the standards applied to the particular 
industry subsector to which the licensee belongs.
    Public Safety Radio Pool Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Spectrum in the 700 MHz band for public safety services is 
governed by 47 U.S.C. 337. Non-Federal governmental entities may be 
eligible licensees for these services. All governmental entities with 
populations of less than 50,000 fall within the definition of a small 
entity. According to the Commission's records, there were (1) 1,318 
public safety licensees licensed on at least one of the VHF and UHF 
public safety interoperability channels; (2) 59 public safety licensees 
licensed on at least one of the narrowband interoperability channels in 
the public safety band between 764-776 MHz/794-806 MHz; and (3) 4,715 
public safety licensees operating in the public safety band between 
806-809/851-854 MHz (NPSPAC band). In total there are 6,092 public 
safety entities, including small governmental jurisdictions, licensed 
to operate on at least one of the interoperability and mutual aid 
channels.
    Class I, Class II, and Class III Railroads. NPSTC proposes 
expanding eligibility to operate on the interoperability channels to 
include full-time railroad police employed by a Class I, II, or III 
railroad, as defined by the STB and recognized by the FRA. The SBA 
stipulates ``size standards'' for small entities. It provides that the 
largest a for-profit railroad business firm may be and still be 
classified as a ``small entity'' is 1,500 employees for ``Line-Haul'' 
railroads, and 500 employees for ``Short-Line'' railroads. SBA size 
standards may be altered by Federal agencies in consultation with SBA, 
and in conjunction with public comment. Pursuant to the authority 
provided to it by SBA, the FRA has published a final policy, which 
formally establishes small entities as railroads that meet the line 
haulage revenue requirements of a ``Class III railroad.'' This 
threshold is based on the STB's threshold for a Class III railroad 
carrier, which is adjusted by applying the railroad revenue deflator 
adjustment. Consistent with FRA's approach, we are using this 
definition for this rulemaking. Approximately 700 railroads meet the 
criteria for small entity. We are using this as our estimate of the 
universe of small entities that could be directly impacted by the 
proposed rule.
    The NPRM seeks comment on expanding eligibility to operate on the 
interoperability channels. The primary beneficiaries of this increased 
flexibility would be railroads, including small railroads, and PLMR 
licensees, including small governmental jurisdictions, that have a need 
to interoperate with each other. The FCC notes that the requirement 
that railroads obtain governmental authorization to operate on the 700 
MHz interoperability channels is statutorily required and the 
Commission is without authority to exempt railroads from this 
requirement. Additionally, railroad entities may be required to obtain 
frequency coordination and submit a license application on FCC Form 601 
in order to license, construct and operate base and control stations on 
the interoperability channels. The NPRM seeks comment on additional 
flexibility that may reduce the impact on railroad police officers 
operating on the interoperability channels. Those alternatives are 
discussed below.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This NPRM contains modified information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13. It will be submitted to the Office of Management and Budget (OMB) 
for review under Section 3507(d) of the PRA. The NPRM seeks comment on 
whether railroad police officers who are certified and/or commissioned 
as a police officer under the laws of any state, in accordance with the 
regulations issued by the Secretary of the U.S. Department of 
Transportation and employed full time as a railroad police officer for 
a Class I, II, or III railroad, as defined by the U.S. Department of 
Transportation's Surface Transportation Board and recognized by the 
Federal Railroad Administration (FRA) should be eligible to operate on 
the nationwide interoperability and mutual aid channels specified in 
Sec. Sec.  90.20 and 90.525 of the Commission's rules. The NPRM also 
seeks comment on alternatives for defining eligible railroad police 
officers, including expanding the definition to include part-time rail 
police and Amtrak consistent with FRA regulations. The NPRM seeks 
comment on its tentative conclusion that the definition of railroad 
police officers established by the Department of Transportation best 
captures the eligibility criteria for railroad police use of the 
interoperability and mutual aid channels.
    The NPRM also seeks comment on requiring railroad police officers 
to obtain governmental authorization to operate on the 700 MHz 
interoperability channels as required by Sec.  90.523 of the 
Commission's rules and Section 337(f)(1) of the Communications Act of 
1934, as amended. In accordance with the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has already approved the 
collection of state and local government certifications from non-
governmental organizations that seek to operate on the 700 MHz 
narrowband channels. See ICR Reference Number: 201403-3060-018, OMB 
Control No. 3060-0805. The nationwide interoperability and mutual aid 
channels are designed to meet a variety of public safety 
interoperability needs, but railroad entities have traditionally been 
licensed in the Industrial/Land Transportation/Business spectrum bands 
and thus have not been subject to the licensing requirements applicable 
to the interoperability and mutual aid channels. We do not propose to 
change the wording of the OMB-approved collection in any material or 
substantive manner, but we do seek to determine whether railroad police 
meet the statutory eligibility criteria to operate on the 700 MHz 
interoperability channels. If so, then only the number of respondents 
would change as we would expect that railroad police officers will 
comply with these existing statutory requirements and regulations, 
which are the minimum necessary to ensure effective use of the spectrum 
and to minimize interference potential to public safety entities, 
including State, local and tribal governments. Thus, requiring railroad 
police to obtain governmental authorization in order to operate on the 
700 MHz interoperability channels would increase the number of 
respondents by approximately 763 entities. See ICR Reference Number: 
201308-2130-009, OMB Control No. 2130-0537.
    The NPRM also seeks comment on licensing base and control stations 
on the interoperability and mutual aid

[[Page 58425]]

channels. The NPRM notes that licensing base and controls stations 
would require frequency coordination (e.g. railroad police officers 
would be required to submit a license application on Form 601 
demonstrating evidence of frequency coordination). Similarly, mobile-
only authorizations require frequency coordination and submission of 
FCC form 601. Railroad entities seeking licenses in the Industrial Land 
Transportation and Business Pool are required to obtain coordination 
from certain frequency coordinators as specified in Sec.  90.35 of the 
Commission's rules. However, the interoperability and mutual aid 
channels are subject to frequency coordination from the four certified 
public safety frequency coordinators as specified in Sec.  90.20(c). 
OMB has already approved the information collection requirements, 
including frequency coordination requirement associated with Form 601. 
See ICR Reference Number: 201311-3060-018, OMB Control No. 3060-0798. 
We do not propose any substantive or material changes to the wording of 
the existing information collection. Instead, if we amend to rules to 
allow railroad police officers to license the interoperability and 
mutual aid channels, then the number of respondents subject to the 
existing information collections would increase by approximately 763 
entities.
    Additionally, the NPRM notes that the 700 MHz interoperability 
channels are administered by State entities and/or regional planning 
committees. OMB has already approved the information collections 
associated with obtaining State/RPC concurrence to operate on the 700 
MHz interoperability channels. See ICR Reference Number: 201404-3060-
023, OMB Control No. 3060-1198. We do not propose any substantive or 
material changes to the wording of this existing information collection 
but if we allow railroad police to operate on these interoperability 
channels, then the number of respondents subject to the existing 
information collections would increase by approximately 763 entities.
    The NPRM also seeks comment on less burdensome alternatives to 
licensing, constructing and operating base stations on the 
interoperability and mutual aid channels. Specifically, the NPRM seeks 
comment on allowing railroad police officers to (1) operate mobile 
stations on these channels under a ``blanket'' licensing approach or 
(2) allowing public safety licensees to share their facilities with 
railroad police pursuant to a sharing agreement. With regard to blanket 
licensing, we would essentially clarify that Section 90.421 permits 
railroad police to operate mobile stations so long as their employer 
holds a PLMR license and therefore would not impose any new or modified 
information collections requirements. However, allowing public safety 
entities to ``share'' their facilities with railroad police would 
require reducing such an arrangement into writing as required by Sec.  
90.179. OMB has already approved the information collection 
requirements in Sec.  90.179 and we do not propose any substantive or 
material changes to the wording of the existing information collection. 
See ICR Reference Number: 200111-3060-016, OMB Control No. 3060-0262. 
If we amend the eligibility rules, then the number of respondents would 
increase by approximately 763 entities.
    The Commission believes that applying the same information 
collection rules equally to public safety and railroad police entities 
in this context will promote interoperability and advance Congressional 
objectives. The Commission does not believe that the costs and/or 
administrative burdens associated with the rules will unduly burden 
small entities. The rule revisions the Commission proposes should 
benefit public safety and railroad police entities by giving them more 
flexibility, and more options for gaining access to interoperability 
and mutual aid spectrum. As noted above, the FCC invites comment on 
these new or modified information collection requirements.
    Finally, the rule amendment proposed relative to Sec.  90.20(i) has 
been analyzed with respect to the Paperwork Reduction Act of 1980 and 
found to contain no new or modified form, information collection and/or 
record keeping, labeling, disclosure, or record retention requirements; 
and will not increase burden hours imposed on the public.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
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. We have 
evaluated our proposals in this NPRM in the context of small business 
entities and find no alternatives, to the benefit of small entities 
that would achieve our goals of facilitating interoperability between 
public safety entities and railroad police officers and efficient use 
of nationwide interoperability spectrum. Additionally, this NPRM 
proposes rules that are deregulatory in nature and consistent with 
Federal railroad interoperability mandates. Accordingly, the proposed 
rule changes minimize any significant economic impact on small 
entities.
    The NPRM also seeks comment on four alternatives that may minimize 
the impact on small entities, including small railroads. First, the 
NPRM seeks comment on issuing a mobile-only license that would allow 
railroad police officers to operate mobiles on the interoperability 
channels without having to construct and operate base and control 
stations. Second, the NPRM seeks comment on ``blanket licensing'', an 
approach that would allow railroad police officers to operate on the 
interoperability channels provided their railroad employer already 
holds a license for PLMR spectrum. Third, the NPRM seeks comment on 
amending Section 90.421 of the Commission's rules to allow railroad 
police officers to operate mobiles under the license of public safety 
licensees. Fourth, the NPRM seeks comment on amending Section 90.179 to 
allow public safety entities to ``share'' their facilities with 
railroad police. Any significant alternative presented in the comments 
will be considered.
    Finally, we propose to amend Section 90.20 of the Commission's 
rules to explicitly identify the nationwide interoperability channels 
i.e. the VHF, UHF and 700 MHz interoperability channels, and the 800 
MHz mutual aid channels. We believe that flexible licensing policies 
are necessary to encourage the use of the most spectrally efficient 
technology to meet user-defined needs. Recognizing the budgetary 
constraints that small public safety entities face, we seek to make 
explicit in the Commission's rules the flexible licensing approach that 
the Commission previously adopted for all of the public safety 
interoperability channels.

Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules

    None.

Ordering Clauses

    Accordingly, IT IS ORDERED, pursuant to sections 1, 2, 4(i), 4(j), 
301,

[[Page 58426]]

302, 303, 308, 309, 316, 324, and 332 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 301, 302a, 303, 
308, 309, 324, 316, 332 and 337, that this Notice of Proposed 
Rulemaking is hereby ADOPTED.
    It is further ordered that pursuant to applicable procedures set 
forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415 and 1.419, interested parties may file comments on the NPRM on or 
before November 13, 2015, and reply comments on or before November 30, 
2015.IT IS FURTHER ORDERED that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend CFR 47 part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for Part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7) and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112-96, 126 Stat. 
156.

0
2. Amend Sec.  90.20 by adding paragraphs (a)(2)(xiv) and (i) as 
follows:


Sec.  90.20  Public Safety Pool.

    (a) * * *
    (2) * * *
    (xiv) Railroad police officers are a class of users eligible to 
operate on the nationwide interoperability and mutual aid channels 
listed in paragraph (i) of this section. Eligible users include part 
time railroad police officers and Amtrak employees who qualify as 
railroad police officers under this subsection. Railroads and railroad 
police departments may obtain licenses for the nationwide 
interoperability and mutual aid channels of behalf of railroad police 
officers in their employ. Additionally, railroad police officers may be 
authorized to operate on interoperability and mutual aid channels if 
their employer holds a Private Land Mobile Radio (PLMR) license of any 
radio category, including Industrial/Business (I/B).
    (A) Railroad police officer means peace officer who is commissioned 
in his or her state of legal residence or state of primary employment 
and employed by a railroad to enforce state laws for the protection of 
railroad property, personnel, passengers, and/or cargo.
    (B) Commissioned means that a state official has certified or 
otherwise designated in writing a railroad employee as qualified under 
the licensing requirements of that state to act as a railroad police 
officer in that state.
    (C) Property means rights-of-way, easements, appurtenant property, 
equipment, cargo, facilities, and buildings and other structures owned, 
leased, operated, maintained, or transported by a railroad.
* * * * *
    (i) Nationwide Interoperability Channels. The nationwide 
interoperability channels are listed below for the VHF, UHF, 700 MHz 
and 800 MHz bands. (See Sec. Sec.  90.20(d)(80), 90.531(b)(1), 
90.617(a)(1) and 90.720). Any licensee holding a Part 90 public safety 
license may operate hand-held and vehicular mobile units on these 
channels without needing a separate authorization. Base stations or 
control stations operating on these channels must be licensed 
separately:

------------------------------------------------------------------------
    VHF Interoperability channel (MHz)                 Purpose
------------------------------------------------------------------------
151.1375 MHz (base/mobile)................  Tactical.
154.4525 MHz (base/mobile)................  Tactical.
155.7525 MHz (base/mobile)................  Calling.
158.7375 MHz (base/mobile)................  Tactical.
159.4725 MHz (base/mobile)................  Tactical.
------------------------------------------------------------------------


------------------------------------------------------------------------
       VHF Mutual aid  channel (MHz)                   Purpose
------------------------------------------------------------------------
220.8025 MHz (base/mobile)................  Tactical.
220.8075 MHz (base/mobile)................  Tactical.
220.8125 MHz (base/mobile)................  Tactical.
220.8175 MHz (base/mobile)................  Tactical.
220.8225 MHz (base/mobile)................  Tactical.
220.8275 MHz (base/mobile)................  Tactical.
220.8325 MHz (base/mobile)................  Tactical.
220.8375 MHz (base/mobile)................  Tactical.
220.8425 MHz (base/mobile)................  Tactical.
220.8475 MHz (base/mobile)................  Tactical.
------------------------------------------------------------------------


------------------------------------------------------------------------
    UHF Interoperability channel (MHz)                 Purpose
------------------------------------------------------------------------
453.2125 MHz (base/mobile)................  Calling.
458.2125 MHz (mobile)
453.4625 MHz (base/mobile)................  Tactical.
458.4625 MHz (mobile)
458.7125 MHz (mobile).....................  Tactical.
453.7125 MHz (base/mobile)
453.8625 MHz (base/mobile)................  Tactical.
458.8625 MHz (mobile)
------------------------------------------------------------------------


------------------------------------------------------------------------
  700 MHz Interoperability channel (MHz)               Purpose
------------------------------------------------------------------------
769.14375 MHz (base/mobile)...............  Tactical.
799.14375 MHz (mobile)
769.24375 MHz (base/mobile)...............  Calling.
799.24375 MHz (mobile)
769.39375 MHz (base/mobile)...............  Tactical.
769.39375 MHz (mobile)
769.49375 MHz (base/mobile)...............  Tactical.
799.49375 MHz (mobile)
769.64375 MHz (base/mobile)...............  Tactical.
799.64375 MHz (mobile)....................
769.74375 MHz (base/mobile)...............  Tactical.
799.74375 MHz (mobile)
769.99375 MHz (base/mobile)...............  Tactical.
799.99375 MHz (mobile)
770.14375 MHz (base/mobile)...............  Tactical.
800.14375 MHz (mobile)
770.24375 MHz (base/mobile)...............  Tactical.
800.24375 MHz (mobile)
770.39375 MHz (base/mobile)...............  Tactical.

[[Page 58427]]

 
800.39375 MHz (mobile)
770.49375 MHz (base/mobile)...............  Tactical.
800.49375 MHz (mobile)
770.64375 MHz (base/mobile)...............  Tactical.
800.64375 MHz (mobile)
770.89375 MHz (base/mobile)...............  Tactical.
800.89375 MHz (mobile)
770.99375 MHz (base/mobile)...............  Tactical.
800.99375 MHz (mobile)
773.00625 MHz (base/mobile)...............  Tactical.
803.00625 MHz (mobile)
773.10625 MHz (base/mobile)...............  Tactical.
803.10625 MHz (mobile)
773.25625 MHz (base/mobile)...............  Calling.
803.25625 MHz (mobile)
773.35625 MHz (base/mobile)...............  Tactical.
803.35625 MHz (mobile)
773.50625 MHz (base/mobile)...............  Tactical.
803.50625 MHz (mobile)
773.60625 MHz (base/mobile)...............  Tactical.
803.60625 MHz (mobile)
773.75625 MHz (base/mobile)...............  Tactical.
803.75625 MHz (mobile)
773.85625 MHz (base/mobile)...............  Tactical.
803.85625 MHz (mobile)
774.00625 MHz (base/mobile)...............  Tactical.
804.00625 MHz (mobile)
774.10625 MHz (base/mobile)...............  Tactical.
804.10625 MHz (mobile)
774.25625 MHz (base/mobile)...............  Tactical.
804.25625 MHz (mobile)
774.35625 MHz (base/mobile)...............  Tactical.
804.35625 MHz (mobile)
774.50625 MHz (base/mobile)...............  Tactical.
804.50625 MHz (mobile)
774.60625 MHz (base/mobile)...............  Tactical.
804.60625 MHz (mobile)
774.85625 MHz (base/mobile)...............  Tactical.
804.85625 MHz (mobile)
------------------------------------------------------------------------


------------------------------------------------------------------------
     800 MHz mutual aid channel (MHz)                  Purpose
------------------------------------------------------------------------
851.0125 MHz (base/mobile)................  Calling.
806.0125 MHz (mobile)
851.5125 MHz (base/mobile)................  Tactical.
806.5125 MHz (mobile)
852.0125 MHz (base/mobile)................  Tactical.
807.0125 MHz (mobile)
852.5125 MHz (base/mobile)................  Tactical.
807.0125 MHz (mobile)
853.0125 MHz (base/mobile)................  Tactical.
808.0125 MHz (mobile)
------------------------------------------------------------------------

0
3. Amend Sec.  90.720 by revising paragraphs (a) introductory text, 
(a)(2) and (b) as follows:


Sec.  90.720  Channels available for public safety/mutual aid.

    (a) Part 90 licensees who meet the eligibility criteria of 
Sec. Sec.  90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 
90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), 
90.20(a)(2)(xiii) or 90.20(a)(2)(xiv) are authorized by this rule to 
use mobile and/or portable units on Channels 161-170 throughout the 
United States, its territories, and possessions to transmit:
* * * * *
    (2) Communications to facilitate interoperability among entities 
eligible under Sec. Sec.  90.20(a)(1), 90.20(a)(2)(i), 90.20(a)(2)(ii), 
90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 90.20(a)(2)(ix), 
90.20(a)(2)(xiii) and 90.20(a)(2)(xiv); or
* * * * *
    (b) Any Government entity and any non-Government entity eligible to 
obtain a license under Sec. Sec.  90.20(a)(1), 90.20(a)(2)(i), 
90.20(a)(2)(ii), 90.20(a)(2)(iii), 90.20(a)(2)(iv), 90.20(a)(2)(vii), 
90.20(a)(2)(ix), 90.20(a)(2)(xiii) or 90.20(a)(2)(xiv) is also eligible 
to obtain a license for base/mobile operations on Channels 161 through 
170. Base/mobile or base/portable communications on these channels that 
do not relate to the immediate safety of life or to communications 
interoperability among the above-specified entities, may only be 
conducted on a secondary non-interference basis to such communications.

[FR Doc. 2015-24441 Filed 9-28-15; 8:45 am]
BILLING CODE 6712-01-P