Railroad Police Officers To Access Public Safety Interoperability and Mutual Aid Channels, 66538-66544 [2016-23206]
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47 CFR Part 90
[PS Docket No. 15–199; FCC 16–113]
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Railroad Police Officers To Access
Public Safety Interoperability and
Mutual Aid Channels
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) provides railroad police
officers access to the public safety
SUMMARY:
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9/28/2016, [Insert Federal Register citation].
9/28/2016, [Insert Federal Register citation].
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interoperability channels. In this
document, we amend our rules to
permit railroad police officers to use
public safety interoperability channels
to communicate with public safety
entities already authorized to use those
channels. Specifically, we permit
railroad police officers empowered to
carry out law enforcement functions to
use public safety interoperability
channels in the VHF (150–174 MHz,
and 220–222 MHz, UHF (450–470
MHz), 700 MHz narrowband (769–775/
799–805 MHz)5 and 800 MHz National
Public Safety Planning Advisory
Committee (NPSPAC) bands (806–809/
851–854 MHz). Allowing railroad police
officers to use these channels will
promote interoperability, facilitate
improved emergency response in
railroad-related emergencies, and
streamline access to these channels for
emergency public safety
communications.
DATES: Effective October 28, 2016,
except for section 90.20(a)(2)(xiv) which
contain new or modified information
collection requirements that require
approval by the Office of Management
and Budget under the Paperwork
Reduction Act of 1995. The Federal
Communications Commission will
publish a document in the Federal
Register announcing such approval and
effective date.
FOR FURTHER INFORMATION CONTACT: John
Evanoff, Policy and Licensing Division,
Public Safety and Homeland Security
Bureau, (202) 418–0848 or
john.evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in PS Docket No. 15–199,
FCC 16–113, released on August 23,
2016. 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
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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 Report and Order we amend the
Commission’s rules to permit railroad
police officers to use public safety
interoperability channels to
communicate with public safety entities
already authorized to use those
channels. Specifically, we permit
railroad police officers empowered to
carry out law enforcement functions to
use public safety interoperability
channels in the VHF (150–174 MHz,
and 220–222 MHz, UHF (450–470
MHz), 700 MHz narrowband (769–775/
799–805 MHz) and 800 MHz National
Public Safety Planning Advisory
Committee (NPSPAC) bands (806–809/
851–854 MHz). Allowing railroad police
officers to use these channels will
promote interoperability, facilitate
improved emergency response in
railroad-related emergencies, and
streamline access to these channels for
emergency public safety
communications.
Procedural Matters
A. Final Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA) the Commission prepared this
Final Regulatory Flexibility Analysis
(FRFA) of the possible significant
economic impact on a substantial
number of small entities by the policies
and rules adopted in this Report and
Order. The Commission will send a
copy of the Report and Order, including
this FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA). In addition, the
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Report and Order and FRFA (or
summaries thereof) will be published in
the Federal Register.
B. Need for, and Objectives of, the
Proposed Rules
The Report and Order amends the
Part 90 rules to facilitate railroad police
access to public safety interoperability
channels. Specifically, in response to a
Petition for Rulemaking filed by the
National Public Safety
Telecommunications Council (NPSTC),
the Commission issued a Notice of
Proposed Rulemaking seeking comment
on expanding eligibility to allow
railroad police officers as defined by
Federal Railroad Administration (FRA)
to operate on public safety
interoperability channels in the VHF,
(including 220–222 MHz), UHF, 700
MHz narrowband and 800 MHz bands.
Commenters were supportive of the
NPRM proposals. Therefore, in light of
the record, the Report and Order
amends the Part 90 eligibility and
licensing rules applicable to public
safety interoperability spectrum.
As discussed in Sections D and E of
this FRFA, the Commission has
endeavored to keep the burdens
associated with these rule changes as
simple and minimal as possible. The
Report and Order requires employers of
railroad police officers to obtain
authorization to operate on the 700 MHz
interoperability channels as required by
sections 90.523 and 90.525 of the
Commission’s rules and section
337(f)(1) of the Communications Act of
1934, as amended. Further, the Report
and Order, requires employers of
railroad police officers seeking to
license the interoperability channels to
obtain frequency coordination and
submit a license application in order to
operate base and control stations on
interoperability channels. Additionally,
the Report and Order adopts several
alternatives to licensing fixed
infrastructure on the interoperability
channels in order to minimize the
burden on railroad police and provide
flexibility in achieving interoperability
with public safety, as discussed in
Section E of the FRFA. Finally, we
update section 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.
C. 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
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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 specialpurpose 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 adopted in this Report
and Order.
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
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
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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
channels.
Class I, Class II, and Class III
Railroads. The Report and Order
expands eligibility to operate on the
interoperability channels to include
railroad police employed by a Class I, II,
or III railroad, Amtrak, the Alaska
Railroad and passenger transit lines as
defined by the Surface Transportation
Board (STB). 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
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based on the s 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 in this Report and Order.
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 rule.
The Report and Order expands
eligibility to permit railroad police
officers as defined by the FRA 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 Report
and Order provides additional
flexibility that may reduce the impact
on railroad police officers operating on
the interoperability channels. Those
alternatives are discussed in Section E.
D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This Report and Order 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 Report and Order
provides that 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
recognized by the Federal Railroad
Administration (FRA) should be eligible
to operate on the nationwide
interoperability channels.
The Report and Order requires
employers of railroad police officers to
obtain governmental authorization to
operate on the 700 MHz interoperability
channels as required by sections 90.523
and 90.525 of the Commission’s rules
and section 337(f)(1) of the
Communications Act of 1934, as
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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. We do not
change the wording of the OMBapproved collection in any material or
substantive manner. Only the number of
respondents would change as we would
expect that employers of 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 Report and Order permits the
licensing of base and control stations on
the interoperability channels. The
licensing of base and control stations
requires frequency coordination (i.e.),
employers of railroad police 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 specified
in section 90.35 of the Commission’s
rules. However, the interoperability
channels are subject to frequency
coordination from the four certified
public safety frequency coordinators
specified in section 90.20(c). OMB has
already approved the information
collection requirements, including the
frequency coordination requirement,
associated with Form 601. See ICR
Reference Number: 201311–3060–018,
OMB Control No. 3060–0798. We do not
make any substantive or material
changes to the wording of the existing
information collection. Instead, we
amend the Part 90 eligibility rules to
allow employers of railroad police
officers to license the interoperability
channels, thus increasing the number of
respondents subject to the existing
information collections by
approximately 763 entities.
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Additionally, the 700 MHz
interoperability channels are
administered by State entities and/or
regional planning committees (RPC).
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 make any
substantive or material changes to the
wording of this existing information
collection but we allow railroad police
to operate on these interoperability
channels, thus increasing the number of
respondents subject to the existing
information collections by
approximately 763 entities.
The Report and Order adopts less
burdensome alternatives to licensing,
constructing and operating base stations
and control stations on the
interoperability channels. Specifically,
the Report and Order allows railroad
police officers to (1) operate mobile and
portable stations on these channels
under a ‘‘blanket’’ licensing approach;
(2) allows public safety licensees to
share their facilities with railroad police
pursuant to a sharing agreement under
section 90.179 of the Commission’s
Rules; and (3) permits railroad police
officers to operate mobile stations under
a public safety licensee’s authorization
pursuant to section 90.421, 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 section 90.179.
OMB has already approved the
information collection requirements in
section 90.179 and we do not make 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. Thus, 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 adopts benefit public
safety and railroad police entities by
giving them more flexibility, and more
options for gaining access to
interoperability spectrum.
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However, in the interest of ensuring
railroad police coordinate with state and
local public safety entities, we require
railroad police to obtain concurrence
from the relevant state or statedesignated interoperability coordinator
before operating mobiles or portables on
the VHF, (including 220–222 MHz),
UHF, 700 MHz narrowband
interoperability and 800 MHz mutual
aid channels. Employers of railroad
police officers shall execute a
memorandum of understanding with the
state interoperability coordinator.
Similarly, we require employers of
railroad police officers seeking to
license the below-470 MHz
interoperability channels to obtain
concurrence from the relevant state
interoperability coordinator. To
facilitate interoperability coordination
in the bands below 470 MHz, we
provide states the option of
administering the below-470 MHz
interoperability channels. States may
delegate the administration of the
below-470 MHz interoperability
channels to the existing 700 MHz and
800 MHz Regional Planning
Committees.
Finally, the rule amendment proposed
relative to section 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.
E. 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 rule changes in this Report and
Order 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
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efficient use of nationwide
interoperability spectrum. Additionally,
the rules adopted in this Report and
Order are deregulatory in nature and
consistent with Federal railroad
interoperability mandates. Accordingly,
the rule changes minimize any
significant economic impact on small
entities.
The Report and Order provides
railroad police four alternatives that
minimize the impact on small entities,
including small railroads. First, the
Report and Order permits ‘‘blanket
licensing’’, an approach that allows
railroad police officers to operate on the
interoperability channels provided their
railroad employer already holds a
license for PLMR spectrum and subject
to coordination with the relevant state
interoperability coordinator. Second,
the Report and Order permits issuing
mobile-only licenses that allow railroad
police officers to operate mobiles on the
interoperability channels without
having to construct and operate base
and control stations. Third, the Report
and Order clarifies that section 90.421
of the Commission’s rules allows
railroad police officers to operate
mobiles under the license of public
safety licensees. Fourth, the Report and
Order clarifies that section 90.179 of the
Commission’s rules permits public
safety entities to ‘‘share’’ their facilities
with railroad police. No significant
alternative was presented in the
comments.
Finally, the Report and Order amends
section 90.20 of the Commission’s rules
to explicitly identify the nationwide
interoperability channels i.e. the VHF
(including 220–222 MHz), UHF and 700
MHz narrowband, and on 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 provide railroad
police officers and public safety a
flexible licensing approach to facilitate
interoperability.
F. Rules That May Duplicate, Overlap,
or Conflict With the Proposed Rules
None.
G. Paperwork Reduction Act of 1995
Analysis
This document contains new and
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. OMB, the general public,
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and other Federal agencies will be
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 previously sought specific comment
on how the Commission might further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.
In this present document, we have
assessed the effects of expanding
railroad police eligibility to access the
interoperability channels (i.e. (1)
revising the number of respondents
subject to certain existing information
collection requirements and (2)
requiring employers of railroad police
officers to enter into memorandum of
understanding with state
interoperability coordinators), and find
that businesses with fewer than 25
employees will not be unduly burdened.
H. Congressional Review Act
The Commission will send a copy of
this Order on Reconsideration to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Ordering Clauses
Accordingly, it is ordered, pursuant to
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, and 337,
that this Report and Order is hereby
adopted.
It is further ordered that part 90 of the
Commission’s rules, 47 CFR part 90, is
amended, effective October 28, 2016,
except that those amendments which
contain new or modified information
collection requirements that require
approval by the Office of Management
and Budget under the Paperwork
Reduction Act will become effective
after the Commission publishes a notice
in the Federal Register announcing
such approval and the relevant effective
date.
It is further ordered that the Final
Regulatory Flexibility Analysis is
adopted.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
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List of Subjects in 47 CFR part 90
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 90 as
follows:
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
■
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).
2. Section 90.20 is amended by adding
paragraphs (a)(2)(xiv) and (i) to read as
follows:
■
§ 90.20
Public Safety Pool.
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(a) * * *
(2) * * *
(xiv)(A) Railroad police officers are a
class of users eligible to operate on the
nationwide interoperability and mutual
aid channels listed in 90.20(i) provided
their employer holds a Private Land
Mobile Radio (PLMR) license of any
radio category, including Industrial/
Business (I/B). Eligible users include
full and part time railroad police
officers, Amtrak employees who qualify
as railroad police officers under this
subsection, Alaska Railroad employees
who qualify as railroad police officers
under this subsection, freight railroad
employees who qualify as railroad
police officers under this subsection,
and passenger transit lines police
officers 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 on behalf of railroad police
officers in their employ. Employers of
railroad police officers must obtain
concurrence from the relevant state
interoperability coordinator or regional
planning committee before applying for
a license to the Federal
Communications Commission or
operating on the interoperability and
mutual aid channels.
(1) Railroad police officer means a
peace officer who is commissioned in
his or her state of legal residence or state
of primary employment and employed,
full or part time, by a railroad to enforce
state laws for the protection of railroad
property, personnel, passengers, and/or
cargo.
(2) Commissioned means that a state
official has certified or otherwise
designated a railroad employee as
qualified under the licensing
requirements of that state to act as a
railroad police officer in that state.
(3) 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.
(4) Railroad means each class of
freight railroad (i.e. Class I, II, III);
Amtrak, Alaska Railroad, commuter
railroads and passenger transit lines.
(5) The word state, as used herein,
encompasses states, territories and the
District of Columbia.
(B) Eligibility for licensing on the 700
MHz narrowband interoperability
channels is restricted to entities that
have as their sole or principal purpose
the provision of public safety services.
*
*
*
*
*
(i) Nationwide interoperability
channels. The nationwide
interoperability and mutual aid
channels are listed below for the VHF,
(including 220–222 MHz), UHF, 700
MHz and 800 MHz bands. (See
§§ 90.20(d)(80), 90.531(b)(1),
90.617(a)(1) and 90.720). Any Part 90
public safety eligible entity holding a
Part 90 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: Encryption
may not be used on any of the
interoperability or mutual aid calling
channels.
VHF interoperability channel
(MHz)
151.1375
154.4525
155.7525
158.7375
159.4725
MHz
MHz
MHz
MHz
MHz
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
Purpose
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
Tactical.
Tactical.
Calling.
Tactical.
Tactical.
VHF mutual aid channel
(MHz)
sradovich on DSK3GMQ082PROD with RULES
220.8025
220.8075
220.8125
220.8175
220.8225
220.8275
220.8325
220.8375
220.8425
220.8475
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
(base/mobile)
Purpose
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
Tactical.
Tactical.
Tactical.
Tactical.
Tactical.
Tactical.
Tactical.
Tactical.
Tactical.
Tactical.
UHF interoperability channel
(MHz)
453.2125
458.2125
453.4625
458.4625
453.7125
458.7125
MHz
MHz
MHz
MHz
MHz
MHz
VerDate Sep<11>2014
Purpose
(base/mobile) .............................................................................................................................
(mobile).
(base/mobile) .............................................................................................................................
(mobile).
(base/mobile) .............................................................................................................................
(mobile).
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Calling.
Tactical.
Tactical.
28SER1
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations
UHF interoperability channel
(MHz)
Purpose
453.8625 MHz (base/mobile) .............................................................................................................................
458.8625 MHz (mobile).
Tactical.
700 MHz interoperability channel
(MHz)
sradovich on DSK3GMQ082PROD with RULES
769.14375
799.14375
769.24375
799.24375
769.39375
769.39375
769.49375
799.49375
769.64375
799.64375
769.74375
799.74375
769.99375
799.99375
770.14375
800.14375
770.24375
800.24375
770.39375
800.39375
770.49375
800.49375
770.64375
800.64375
770.89375
800.89375
770.99375
800.99375
773.00625
803.00625
773.10625
803.10625
773.25625
803.25625
773.35625
803.35625
773.50625
803.50625
773.60625
803.60625
773.75625
803.75625
773.85625
803.85625
774.00625
804.00625
774.10625
804.10625
774.25625
804.25625
774.35625
804.35625
774.50625
804.50625
774.60625
804.60625
774.85625
804.85625
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
(base/mobile)
(mobile).
Purpose
...........................................................................................................................
Tactical.
...........................................................................................................................
Calling.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Calling.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
...........................................................................................................................
Tactical.
800 MHz mutual aid channel
(MHz)
851.0125
806.0125
851.5125
806.5125
MHz
MHz
MHz
MHz
VerDate Sep<11>2014
Purpose
(base/mobile) .............................................................................................................................
(mobile).
(base/mobile) .............................................................................................................................
(mobile).
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Calling.
Tactical.
28SER1
66543
66544
Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations
800 MHz mutual aid channel
(MHz)
852.0125
807.0125
852.5125
807.0125
853.0125
808.0125
MHz
MHz
MHz
MHz
MHz
MHz
(base/mobile) .............................................................................................................................
(mobile).
(base/mobile) .............................................................................................................................
(mobile).
(base/mobile) .............................................................................................................................
(mobile).
3. Section 90.720 is amended by
revising paragraph (a) introductory text,
and paragraphs (a)(2) and (b) to read as
follows:
■
§ 90.720 Channels available for public
safety/mutual aid.
sradovich on DSK3GMQ082PROD with RULES
(a) Part 90 licensees who meet the
eligibility criteria of §§ 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
VerDate Sep<11>2014
Purpose
17:53 Sep 27, 2016
Jkt 238001
territories, and the District of Columbia
to transmit:
*
*
*
*
*
(2) Communications to facilitate
interoperability among entities eligible
under §§ 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 §§ 90.20(a)(1),
90.20(a)(2)(i), 90.20(a)(2)(ii),
90.20(a)(2)(iii), 90.20(a)(2)(iv),
PO 00000
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Tactical.
Tactical.
Tactical.
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 noninterference basis to such
communications.
[FR Doc. 2016–23206 Filed 9–27–16; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\28SER1.SGM
28SER1
]]>Agencies
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Rules and Regulations]
[Pages 66538-66544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23206]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 15-199; FCC 16-113]
Railroad Police Officers To Access Public Safety Interoperability
and Mutual Aid Channels
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) provides railroad police officers access to the public
safety interoperability channels. In this document, we amend our rules
to permit railroad police officers to use public safety
interoperability channels to communicate with public safety entities
already authorized to use those channels. Specifically, we permit
railroad police officers empowered to carry out law enforcement
functions to use public safety interoperability channels in the VHF
(150-174 MHz, and 220-222 MHz, UHF (450-470 MHz), 700 MHz narrowband
(769-775/799-805 MHz)5 and 800 MHz National Public Safety Planning
Advisory Committee (NPSPAC) bands (806-809/851-854 MHz). Allowing
railroad police officers to use these channels will promote
interoperability, facilitate improved emergency response in railroad-
related emergencies, and streamline access to these channels for
emergency public safety communications.
DATES: Effective October 28, 2016, except for section 90.20(a)(2)(xiv)
which contain new or modified information collection requirements that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act of 1995. The Federal Communications Commission
will publish a document in the Federal Register announcing such
approval and effective date.
FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or
john.evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in PS Docket No. 15-199, FCC 16-113, released on August 23,
2016. 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 Report and Order we amend the Commission's rules to permit
railroad police officers to use public safety interoperability channels
to communicate with public safety entities already authorized to use
those channels. Specifically, we permit railroad police officers
empowered to carry out law enforcement functions to use public safety
interoperability channels in the VHF (150-174 MHz, and 220-222 MHz, UHF
(450-470 MHz), 700 MHz narrowband (769-775/799-805 MHz) and 800 MHz
National Public Safety Planning Advisory Committee (NPSPAC) bands (806-
809/851-854 MHz). Allowing railroad police officers to use these
channels will promote interoperability, facilitate improved emergency
response in railroad-related emergencies, and streamline access to
these channels for emergency public safety communications.
Procedural Matters
A. Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA) the Commission prepared this Final Regulatory Flexibility
Analysis (FRFA) of the possible significant economic impact on a
substantial number of small entities by the policies and rules adopted
in this Report and Order. The Commission will send a copy of the Report
and Order, including this FRFA, to the Chief Counsel for Advocacy of
the Small Business Administration (SBA). In addition, the
[[Page 66539]]
Report and Order and FRFA (or summaries thereof) will be published in
the Federal Register.
B. Need for, and Objectives of, the Proposed Rules
The Report and Order amends the Part 90 rules to facilitate
railroad police access to public safety interoperability channels.
Specifically, in response to a Petition for Rulemaking filed by the
National Public Safety Telecommunications Council (NPSTC), the
Commission issued a Notice of Proposed Rulemaking seeking comment on
expanding eligibility to allow railroad police officers as defined by
Federal Railroad Administration (FRA) to operate on public safety
interoperability channels in the VHF, (including 220-222 MHz), UHF, 700
MHz narrowband and 800 MHz bands. Commenters were supportive of the
NPRM proposals. Therefore, in light of the record, the Report and Order
amends the Part 90 eligibility and licensing rules applicable to public
safety interoperability spectrum.
As discussed in Sections D and E of this FRFA, the Commission has
endeavored to keep the burdens associated with these rule changes as
simple and minimal as possible. The Report and Order requires employers
of railroad police officers to obtain authorization to operate on the
700 MHz interoperability channels as required by sections 90.523 and
90.525 of the Commission's rules and section 337(f)(1) of the
Communications Act of 1934, as amended. Further, the Report and Order,
requires employers of railroad police officers seeking to license the
interoperability channels to obtain frequency coordination and submit a
license application in order to operate base and control stations on
interoperability channels. Additionally, the Report and Order adopts
several alternatives to licensing fixed infrastructure on the
interoperability channels in order to minimize the burden on railroad
police and provide flexibility in achieving interoperability with
public safety, as discussed in Section E of the FRFA. Finally, we
update section 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.
C. 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 adopted in this Report and Order.
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 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 channels.
Class I, Class II, and Class III Railroads. The Report and Order
expands eligibility to operate on the interoperability channels to
include railroad police employed by a Class I, II, or III railroad,
Amtrak, the Alaska Railroad and passenger transit lines as defined by
the Surface Transportation Board (STB). 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
[[Page 66540]]
based on the s 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 in this
Report and Order. 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 rule.
The Report and Order expands eligibility to permit railroad police
officers as defined by the FRA 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 Report and Order provides additional flexibility that may
reduce the impact on railroad police officers operating on the
interoperability channels. Those alternatives are discussed in Section
E.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
This Report and Order 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 Report
and Order provides that 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 recognized by the Federal Railroad
Administration (FRA) should be eligible to operate on the nationwide
interoperability channels.
The Report and Order requires employers of railroad police officers
to obtain governmental authorization to operate on the 700 MHz
interoperability channels as required by sections 90.523 and 90.525 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. We do not change the wording of the OMB-approved
collection in any material or substantive manner. Only the number of
respondents would change as we would expect that employers of 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 Report and Order permits the licensing of base and control
stations on the interoperability channels. The licensing of base and
control stations requires frequency coordination (i.e.), employers of
railroad police 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 specified in section
90.35 of the Commission's rules. However, the interoperability channels
are subject to frequency coordination from the four certified public
safety frequency coordinators specified in section 90.20(c). OMB has
already approved the information collection requirements, including the
frequency coordination requirement, associated with Form 601. See ICR
Reference Number: 201311-3060-018, OMB Control No. 3060-0798. We do not
make any substantive or material changes to the wording of the existing
information collection. Instead, we amend the Part 90 eligibility rules
to allow employers of railroad police officers to license the
interoperability channels, thus increasing the number of respondents
subject to the existing information collections by approximately 763
entities.
Additionally, the 700 MHz interoperability channels are
administered by State entities and/or regional planning committees
(RPC). 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 make any substantive or material
changes to the wording of this existing information collection but we
allow railroad police to operate on these interoperability channels,
thus increasing the number of respondents subject to the existing
information collections by approximately 763 entities.
The Report and Order adopts less burdensome alternatives to
licensing, constructing and operating base stations and control
stations on the interoperability channels. Specifically, the Report and
Order allows railroad police officers to (1) operate mobile and
portable stations on these channels under a ``blanket'' licensing
approach; (2) allows public safety licensees to share their facilities
with railroad police pursuant to a sharing agreement under section
90.179 of the Commission's Rules; and (3) permits railroad police
officers to operate mobile stations under a public safety licensee's
authorization pursuant to section 90.421, 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 section 90.179. OMB has already approved the
information collection requirements in section 90.179 and we do not
make 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. Thus, 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 adopts benefit public
safety and railroad police entities by giving them more flexibility,
and more options for gaining access to interoperability spectrum.
[[Page 66541]]
However, in the interest of ensuring railroad police coordinate
with state and local public safety entities, we require railroad police
to obtain concurrence from the relevant state or state-designated
interoperability coordinator before operating mobiles or portables on
the VHF, (including 220-222 MHz), UHF, 700 MHz narrowband
interoperability and 800 MHz mutual aid channels. Employers of railroad
police officers shall execute a memorandum of understanding with the
state interoperability coordinator. Similarly, we require employers of
railroad police officers seeking to license the below-470 MHz
interoperability channels to obtain concurrence from the relevant state
interoperability coordinator. To facilitate interoperability
coordination in the bands below 470 MHz, we provide states the option
of administering the below-470 MHz interoperability channels. States
may delegate the administration of the below-470 MHz interoperability
channels to the existing 700 MHz and 800 MHz Regional Planning
Committees.
Finally, the rule amendment proposed relative to section 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.
E. 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 rule changes in this Report and Order 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, the rules adopted in this Report and Order are
deregulatory in nature and consistent with Federal railroad
interoperability mandates. Accordingly, the rule changes minimize any
significant economic impact on small entities.
The Report and Order provides railroad police four alternatives
that minimize the impact on small entities, including small railroads.
First, the Report and Order permits ``blanket licensing'', an approach
that allows railroad police officers to operate on the interoperability
channels provided their railroad employer already holds a license for
PLMR spectrum and subject to coordination with the relevant state
interoperability coordinator. Second, the Report and Order permits
issuing mobile-only licenses that allow railroad police officers to
operate mobiles on the interoperability channels without having to
construct and operate base and control stations. Third, the Report and
Order clarifies that section 90.421 of the Commission's rules allows
railroad police officers to operate mobiles under the license of public
safety licensees. Fourth, the Report and Order clarifies that section
90.179 of the Commission's rules permits public safety entities to
``share'' their facilities with railroad police. No significant
alternative was presented in the comments.
Finally, the Report and Order amends section 90.20 of the
Commission's rules to explicitly identify the nationwide
interoperability channels i.e. the VHF (including 220-222 MHz), UHF and
700 MHz narrowband, and on 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 provide railroad police officers and public safety a flexible
licensing approach to facilitate interoperability.
F. Rules That May Duplicate, Overlap, or Conflict With the Proposed
Rules
None.
G. Paperwork Reduction Act of 1995 Analysis
This document contains new and 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. OMB, the
general public, and other Federal agencies will be 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 previously sought specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees.
In this present document, we have assessed the effects of expanding
railroad police eligibility to access the interoperability channels
(i.e. (1) revising the number of respondents subject to certain
existing information collection requirements and (2) requiring
employers of railroad police officers to enter into memorandum of
understanding with state interoperability coordinators), and find that
businesses with fewer than 25 employees will not be unduly burdened.
H. Congressional Review Act
The Commission will send a copy of this Order on Reconsideration to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
Accordingly, it is ordered, pursuant to 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, and 337, that this
Report and Order is hereby adopted.
It is further ordered that part 90 of the Commission's rules, 47
CFR part 90, is amended, effective October 28, 2016, except that those
amendments which contain new or modified information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act will become effective after
the Commission publishes a notice in the Federal Register announcing
such approval and the relevant effective date.
It is further ordered that the Final Regulatory Flexibility
Analysis is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
[[Page 66542]]
List of Subjects in 47 CFR part 90
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
1. The authority citation for part 90 continues to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
2. Section 90.20 is amended by adding paragraphs (a)(2)(xiv) and (i) to
read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(a) * * *
(2) * * *
(xiv)(A) Railroad police officers are a class of users eligible to
operate on the nationwide interoperability and mutual aid channels
listed in 90.20(i) provided their employer holds a Private Land Mobile
Radio (PLMR) license of any radio category, including Industrial/
Business (I/B). Eligible users include full and part time railroad
police officers, Amtrak employees who qualify as railroad police
officers under this subsection, Alaska Railroad employees who qualify
as railroad police officers under this subsection, freight railroad
employees who qualify as railroad police officers under this
subsection, and passenger transit lines police officers 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 on behalf of railroad police
officers in their employ. Employers of railroad police officers must
obtain concurrence from the relevant state interoperability coordinator
or regional planning committee before applying for a license to the
Federal Communications Commission or operating on the interoperability
and mutual aid channels.
(1) Railroad police officer means a peace officer who is
commissioned in his or her state of legal residence or state of primary
employment and employed, full or part time, by a railroad to enforce
state laws for the protection of railroad property, personnel,
passengers, and/or cargo.
(2) Commissioned means that a state official has certified or
otherwise designated a railroad employee as qualified under the
licensing requirements of that state to act as a railroad police
officer in that state.
(3) 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.
(4) Railroad means each class of freight railroad (i.e. Class I,
II, III); Amtrak, Alaska Railroad, commuter railroads and passenger
transit lines.
(5) The word state, as used herein, encompasses states, territories
and the District of Columbia.
(B) Eligibility for licensing on the 700 MHz narrowband
interoperability channels is restricted to entities that have as their
sole or principal purpose the provision of public safety services.
* * * * *
(i) Nationwide interoperability channels. The nationwide
interoperability and mutual aid channels are listed below for the VHF,
(including 220-222 MHz), 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
Part 90 public safety eligible entity holding a Part 90 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: Encryption may
not be used on any of the interoperability or mutual aid calling
channels.
------------------------------------------------------------------------
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)......................
453.7125 MHz (base/mobile)................. Tactical.
458.7125 MHz (mobile)......................
[[Page 66543]]
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.
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)......................
[[Page 66544]]
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. Section 90.720 is amended by revising paragraph (a) introductory
text, and paragraphs (a)(2) and (b) to read 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 the District of Columbia 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. 2016-23206 Filed 9-27-16; 8:45 am]
BILLING CODE 6712-01-P
