Improvement of Wireless Coverage Through the Use of Signal Boosters, 17131-17137 [2018-08030]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Proposed Rules]
[Pages 17131-17137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08030]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 10-4; FCC 18-35]


Improvement of Wireless Coverage Through the Use of Signal 
Boosters

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
proposes additional steps to enhance the usefulness of signal boosters 
in improving access to wireless service while continuing to guard 
against unacceptable interference to the operations of wireless 
providers. The proposals are intended to extend additional benefits to 
users of both Provider-Specific and Wideband Consumer Signal Boosters. 
Thus, the Commission proposes to expand the service bands on which all 
Consumer Signal Boosters may operate, develop consumer advisory 
requirements suitable for any embedded Consumer Signal Boosters 
(whether Provider-Specific or Wideband), and facilitate enterprise use 
of both Provider-Specific Consumer Signal Boosters and Wideband 
Consumer Signal Boosters.

DATES: Interested parties may file comments on or before May 18, 2018, 
and reply comments on or before June 18, 2018.

ADDRESSES: You may submit comments, identified by WT Docket No. 10-4, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): https://fjallfoss.fcc.gov/ecfs2/. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Generally, 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.
     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.
     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.
     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 [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

FOR FURTHER INFORMATION CONTACT:  Amanda Huetinck at 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-7090. For additional information 
concerning the PRA information collection requirements contained in 
this document, contact Cathy Williams at (202) 418-2918 or send an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Further Notice of Proposed Rulemaking (Second Further Notice) in WT 
Docket No. 10-4, FCC 18-35, released on March 23, 2018. The complete 
text of the Second Further Notice, including all Appendices, is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW, Room CY-A157, Washington, 
DC 20554, or by downloading the text from the Commission's website at 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-35A1.pdf.
    Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

I. Second Further Notice

A. Additional Spectrum Bands

    1. In the Report and Order, adopted on February 20, 2013 (WT Docket 
No. 10-4) (Report and Order), the Commission authorized the use of 
Consumer Signal Boosters in the wireless radio service spectrum bands 
that were being used for the provision of commercial wireless services 
at the time: Cellular (824-849 MHz and 869-894 MHz), Broadband PCS 
(1850-1915 MHz and 1930-1995 MHz), AWS-1 (1710-1755 MHz and 2110-2155 
MHz), 700 MHz Lower A through E (698-746 MHz) and Upper C (746-757 MHz 
and 776-787 MHz) Blocks, and 800 MHz Enhanced Specialized Mobile Radio 
(ESMR) (817-824 MHz and 862-869 MHz). Recognizing that ``subscriber-
based services may be offered in additional bands in the future,'' the 
Commission also stated that, ``[a]s consumer demand for signal boosters 
in these bands arises,'' it would seek comment on ``how best to expand 
our signal booster framework to accommodate such additional bands.''
    2. To ensure that Consumer Signal Boosters continue to meet the 
needs of American telecommunications users, no matter what type of 
mobile device they use or on what band(s) that device operates, the 
Commission seeks comment on whether and how the Commission can expand 
the number of spectrum bands for which Consumer Signal Boosters are 
authorized. The Commission specifically seeks comment on whether to 
permit the operation of Consumer Signal Boosters in certain additional 
wireless radio service spectrum bands and how its technical rules would 
need to be amended to accommodate the additional bands.
    3. In determining which, if any, new bands are appropriate for use 
with Consumer Signal Boosters, the Commission considers: (1) Whether 
the band is used to provide services to consumers or other non-licensee 
users such as public safety responders (assuming they are using 
commercial spectrum rather than spectrum specifically designated for 
public safety); (2) whether a meaningful number of the licensees in the 
band will consent to Consumer Signal Booster operation; (3) the impact 
of other technologies and operations both within the band and in 
adjacent bands and whether Consumer Signal Booster operation would harm 
other users within the band or in adjacent bands (and vice versa); and 
(4) whether the current technical rules for signal boosters must be 
adjusted to

[[Page 17132]]

accommodate any such new service bands.
    4. With this criteria in mind, the Commission specifically seeks 
comment on whether it should authorize the operation of Consumer Signal 
Boosters in the 600 MHz (617-652 MHz and 663-698 MHz), WCS (2305-2320 
MHz and 2345-2360 MHz), and BRS/EBS (2495-2690 MHz) bands. Commenters 
should address how each consideration identified above weighs for or 
against including any of the proposed bands in its Consumer Signal 
Booster rules. Are there any other considerations that the Commission 
should take into account in determining whether new bands are 
appropriate for use with Consumer Signal Boosters? Are there other 
bands it should consider adding to its Consumer Signal Booster rules? 
To the extent that commenters support adding other bands to its 
Consumer Signal Booster rules, they should address the above listed 
considerations, and any others that commenters demonstrate are 
relevant, in relation to those specific band(s) as well.
    5. Further, are there costs associated with adding additional 
spectrum bands to the signal booster regime? What would be the 
benefits, quantifiable and otherwise, of permitting operation of 
Consumer Spectrum Boosters on additional bands? Are there any changes 
the Commission would need to make to its Consumer Signal Booster 
requirements and technical specifications to accommodate any additional 
bands that may be added to the rules? How can it balance the risk of 
releasing into the market Consumer Signal Boosters with the ability to 
operate on bands for which not all licensees have consented with the 
benefit to consumers of using the devices on the networks for which 
there is consent? Finally, the Commission also urges commenters to 
provide suggestions for other ways to expand the use of safe and 
reliable Consumer Signal Boosters.

B. Embedded Consumer Signal Boosters

    6. Despite the success of the Consumer Signal Booster regulatory 
regime, it appears that businesses that wish to embed Consumer Signal 
Boosters within vehicles have been stymied by section 20.21(f)(1)'s 
requirement that advisories be placed on the outside packaging of the 
device and on a label affixed to the device. Because these Consumer 
Signal Boosters are embedded within a vehicle, and the consumer neither 
has access to nor sees the device or its packaging, these businesses, 
as a practical matter, are unable to comply with section 20.21(f)(1).
    7. In light of the evolving use of Consumer Signal Boosters and the 
Commission's desire to encourage technological innovation, the 
Commission proposes to amend section 20.21(f)(1) for embedded Consumer 
Signal Boosters to provide alternative advisory language to that now 
found in section 20.21(f)(1)(iv)(A)(1) as well as an alternative to 
providing the advisory on the device and its packaging, as required by 
section 20.21(f)(1)(iii)-(iv). The Commission seek to strike a balance 
between providing flexibility in the Consumer Signal Booster 
marketplace and retaining the protections offered by the labeling 
requirement.
    8. To achieve this goal, the Commission proposes that in lieu of 
placing the required advisory on the device and its packaging, vehicle 
manufacturers, distributors, and retailers of embedded Consumer Signal 
Boosters instead be required to provide an alternative advisory to 
consumers in any materials provided at vehicle delivery, as well as to 
consumers when they register their vehicle with the vehicle 
manufacturer. The Commission emphasizes that these manufacturers, 
distributors, and retailers would remain responsible for ensuring that 
the alternative advisory is provided in any on-line, point-of-sale 
marketing materials and in any print or on-line owner's manual, as 
required by section 20.21(f)(1)(i)-(ii).
    9. Under the proposal, the alternative advisory would provide all 
the same warnings to consumers, including that they must register the 
embedded signal booster with and receive the consent of the appropriate 
wireless provider(s), and it additionally would include instructions 
for the consumer on how to disable the device for the specific vehicle. 
To provide maximum flexibility to manufacturers, distributors, and 
retailers of vehicles with embedded signal boosters, the Commission 
proposes to permit them both to craft their own processes for their 
customers to disable the device and to insert a description of that 
process into the advisory but would expect that the chosen mode be one 
that the average consumer easily can undertake.
    10. The Commission seeks comment on the above approach and asks 
commenters to provide information on the costs of complying with such a 
requirement. Do the benefits of providing an alternative delivery 
method for the advisory language for embedded Consumer Signal Boosters 
justify the costs that would be involved? Is the alternative advisory 
language sufficient to provide adequate notice to consumers? Is the 
method of delivery--via materials at vehicle delivery and in response 
to consumer registration of their vehicle with the vehicle 
manufacturer--a sufficient means of ensuring that consumers receive the 
advisory? Is this approach the best way the Commission can reduce the 
burden on businesses that wish to embed signal boosters in vehicles 
while ensuring consumers receive all necessary information? Is there a 
better way that the Commission can achieve this goal? If so, what is 
that approach and why is it superior? Commenters should discuss the 
costs and benefits of any proposals.
    11. In addition, how can the Commission address the situation where 
a vehicle owner who has complied with all obligations associated with 
the embedded Consumer Signal Booster in his vehicle sells the vehicle 
to a third party in a private transaction? Would a new signal booster 
registration be required for this new user? How can the Commission 
ensure that the new owner will satisfy the requirements for signal 
booster operation? What would be the responsibilities of a 
manufacturer, distributor, and/or retailer that has complied with all 
of its associated obligations for the original sale in such a scenario? 
Are there any other rules that the Commission would need to revise to 
achieve its goal of balancing the limitations faced in connection with 
providing sufficient information about operation in connection with 
embedded signal boosters with ensuring that the owner of the vehicle 
meets all the applicable obligations? Are there other types of embedded 
uses that the Commission should consider? If so, what other 
considerations are there? Finally, are there any other considerations 
regarding embedded Consumer Signal Boosters for which the Commission 
has not accounted and should?
    12. The Commission also seeks comment on how to treat waivers of 
section 21.20(f)(1) that it has granted to several companies for this 
purpose (WT Docket No. 10-4) (Labeling Waivers) following any rule 
change it adopts based upon the record compiled in response to the 
Second Further Notice. The Commission recognizes that its proposed 
rules differ from the waiver conditions, and, if the rules are adopted, 
the manufacturers party to the Labeling Waivers would need to alter 
their practices as a result. The Commission seeks comment on how it 
should handle the transition from the requirements of the Labeling 
Waivers to those of the proposed rules. How can the Commission best 
balance the

[[Page 17133]]

importance of timely compliance with the rule changes with the 
realities of their business? For example, should it require compliance 
by the production year following the rules' adoption so manufacturers 
are not forced to alter their manufacturing parameters mid-production?

C. Enterprise Use

    13. The rules adopted in the Report and Order were designed 
specifically to benefit the general consumer, and they have worked well 
to that end. In the associated Second Report and Order, released March 
23, 2018 (WT Docket No. 10-4) (Second Report and Order), the Commission 
provided flexibility for enterprise (i.e., any non-individual, such as 
a small business, public safety entity, school, hospital, or 
governmental organization) and individual subscribers of a wireless 
provider to operate a Provider-Specific Consumer Signal Booster for 
non-personal use on that provider's spectrum. In the Second Further 
Notice, the Commission considers whether and how to expand that 
flexibility to permit different types of enterprise entities to take 
advantage of the benefits of both Provider-Specific and Wideband 
Consumer Signal Boosters, while continuing to ensure that all signal 
boosters function safely on those networks and without causing harmful 
interference. Specifically, the Commission examines whether and how to 
enable enterprises (and individuals) to operate either type of Consumer 
Signal Booster--Provider-Specific or Wideband--on a provider's spectrum 
without subscribing to the provider's service. The Commission generally 
seeks comment on whether it should expand access to Consumer Signal 
Boosters in this way.
    14. The Commission observes that, to effect such a change and 
achieve the related public interest benefits, it would need to amend 
its Consumer Signal Booster rules both to: (1) Eliminate the personal 
use restriction on Wideband Consumer Signal Boosters, and (2) prescribe 
a method for non-subscribers to register a Consumer Signal Booster 
(whether Provider-Specific or Wideband) with and receive the consent of 
all relevant wireless providers.
1. Wideband Consumer Signal Booster Personal Use Restriction
    15. The personal use restriction guards against unauthorized 
operation of a signal booster on a wireless provider's network, while 
also providing a streamlined consent and registration process for 
consumers. This risk of unauthorized operation is present for Wideband 
Consumer Signal Boosters because they can operate on spectrum licensed 
to multiple wireless providers. While the personal use restriction was 
devised to stem this risk while providing convenience to consumers, it 
also effectively prevents enterprise use of Wideband Consumer Signal 
Boosters, thereby denying a crucial tool for improving wireless service 
access to a range of entities--including businesses of all sizes, 
public safety entities (using commercial spectrum), educational 
institutions, and others.
    16. On December 21, 2016, Wilson Electronics, LLC, filed a Petition 
for Further Rulemaking asking the Commission to eliminate the personal 
use restriction on the operation of Wideband Consumer Signal Boosters 
and adopt a multi-provider registration requirement for Wideband 
Consumer Signal Boosters (WT Docket No. 10-4). On March 3, 2017, the 
Wireless Telecommunications Bureau sought comment on the Wilson 
Petition (WT Docket No. 10-4) (Wilson Public Notice). Commenters 
responding to the Wilson Public Notice almost uniformly supported 
elimination of the personal use restriction for both types of boosters. 
They argued that Consumer Signal Boosters offer enterprises a cost-
effective way to boost signal coverage for employees and customers, 
that expanding access to these devices will promote public safety, and 
that the NPS has negated any potential interference concerns.
    17. Based upon the success of the Consumer Signal Booster rules 
thus far and the record before it, the Commission proposes to eliminate 
the personal use restriction on Wideband Consumer Signal Boosters and 
requests comment on this proposal. What are the potential benefits of 
eliminating the personal use restriction on Wideband Consumer Signal 
Boosters? Are there quantifiable economic benefits associated with this 
proposal? Would removal of this restriction on Wideband Consumer Signal 
Boosters increase the likelihood of harmful interference to wireless 
providers' networks? Are there, as one commenter claims, different and 
possibly more extensive technical and performance issues? Are there 
other possible costs associated with the possible removal of the 
personal use restriction on Wideband Consumer Signal Boosters? How 
might any costs or adverse effects balance against any benefits 
resulting from this proposed rule change? The Commission requests that 
commenters provide as much documentation and detail as possible in 
their comments on this proposal so that it can fairly evaluate the 
issues.
2. Subscriber Relationship
    18. Under the current rules, operators must be subscribers of the 
wireless provider on whose spectrum they use a Consumer Signal Booster 
and may register only with said provider. To use a Wideband Consumer 
Signal Booster for multiple providers under its current rules, a 
subscriber of each provider must register that same device with each 
respective provider.
    19. Accordingly, even if the Commission eliminates the personal use 
restriction for Wideband Consumer Signal Boosters as proposed, 
enterprise users still would be unable to operate a Wideband booster 
across multiple providers' spectrum unless they subscribed to each 
provider. The Commission therefore considers whether and how to permit 
non-subscribers to operate Provider-Specific or Wideband Consumer 
Signal Boosters and proposes a means for non-subscribers to register 
with and receive consent from providers to which they do not subscribe, 
while ensuring that providers maintain control over their networks.
    20. Section 301 of the Communications Act requires a valid FCC 
license to operate a radio frequency transmitting device, such as a 
signal booster. The Commission in the Report and Order noted that 
wireless providers must retain sufficient control over Consumer Signal 
Boosters to avoid violating Section 310(d) of the Act and thus 
authorized Consumer Signal Boosters under wireless providers' blanket 
licenses and required that signal booster operators be subscribers who 
must obtain the consent of their wireless provider and register their 
Consumer Signal Booster with that provider. By all accounts, this 
framework has worked as intended, and wireless providers have retained 
required control of their operations, with interference to wireless 
networks being almost nonexistent.
    21. The Commission proposes to extend this paradigm so that a non-
subscriber may operate a Consumer Signal Booster under the provider's 
blanket license subject to an arrangement with the provider. This 
arrangement would serve as a substitute for the subscriber relationship 
while retaining the consent and registration components of its 
framework. Similar to a subscriber agreement, such an arrangement could 
include any appropriate rights, restrictions, and obligations the 
provider believes it must impose on the non-subscriber. In this way, 
wireless providers would continue to maintain control over their 
licensed spectrum in compliance with section

[[Page 17134]]

310(d) while enterprise users and individuals would have the 
flexibility to operate boosters across wireless networks, including 
taking advantage of any alternative approaches to facilitating the 
operation of Consumer Signal Boosters by non-subscribers.
    22. The Commission also proposes that non-subscriber registrants 
would have to agree to and accept certain terms established by the 
wireless provider on whose spectrum the Consumer Signal Booster would 
operate. The details of the arrangement between the wireless provider 
and a non-subscriber registrant generally would be left to the wireless 
providers to implement, but at minimum the Commission proposes that any 
such arrangement must require that the registrant:
     Prior to operation, obtain the consent of the licensee for 
any network operating in the range of the signal booster;
     Prior to operation, register the signal booster with the 
licensee for any network on which the booster will be operated;
     Operate the Consumer Signal Booster only with approved 
antennas, cables, and/or coupling devices as specified by the 
manufacturer of the booster;
     Operate the signal booster only on frequencies used for 
the provision of subscriber-based services, as specified in section 
20.21(e)(3);
     Because operation of Consumer Signal Boosters is on a 
secondary, non-interference basis to primary services licensed for the 
frequency bands on which they transmit, upon request of an FCC 
representative or a licensee experiencing harmful interference,
    [cir] Cooperate in determining the source of the interference, and
    [cir] If necessary, deactivate the signal booster immediately, or 
as soon as practicable, if immediate deactivation is not possible;
     Use a signal booster that meets the Network Protection 
Standard in Section 20.21(e);
     Use a signal booster that is appropriately labeled as 
required by Section 20.21(f); and
     Not deactivate any features of the signal booster that are 
designed to prevent harmful interference to wireless networks. These 
features must be enabled and operating at all times that the signal 
booster is in use.
    23. The Commission seeks comment on these proposed terms. Are they 
adequate to achieve its goals? More specifically, is the requirement 
that operators receive consent of all providers ``operating in the 
range of the signal booster'' feasible? What costs would this 
requirement entail for the purchasers/operators of Consumer Signal 
Boosters? The Commission seeks comment on whether wireless providers 
may charge a registration fee to non-subscribers. Should it set up a 
system for registrants to determine which providers are in range of 
their signal booster? Should the providers themselves set up such a 
system? Should the Commission include any additional protections for 
consumers? How could these arrangements be enforced against a non-
subscriber? Are there other ways in which the Commission can ease the 
registration and consent requirements for small businesses? If a 
commenter suggests alternative or additional terms, or a different 
approach to the establishment of an arrangement between a wireless 
provider and a non-subscriber Consumer Signal Booster registrant, its 
comments should explain the purpose and feasibility of such different 
or additional terms, and should also address how any arrangement meets 
the requirements of sections 301 and 310(d) of the Communications Act.
    24. As with the current subscriber framework, the Commission 
intends that this registration process (which also would include the 
establishment of the relationship between the wireless provider and the 
non-subscriber Consumer Signal Booster operator) would constitute the 
provider's consent to the non-subscriber registrant's operation of the 
signal booster. To be clear, the signal booster's operator would need 
to register with each and every provider on whose network the signal 
booster might operate. The registered operator would remain responsible 
for the signal booster as defined by the Commission's rules, while 
other users could utilize the signal booster without registering. If an 
individual chose to operate a booster for his personal use on his 
subscribing provider's network, however, the individual simply would 
follow the current framework and register only with that provider. The 
Commission seeks comment on this proposed framework. Does it achieve 
the goals of expanding access to Consumer Signal Boosters while 
adequately providing licensees with control over their networks? Is 
there a better way to achieve this goal?
    25. If the Commission allows individuals and enterprises to 
register with and seek consent from wireless providers other than those 
to which they subscribe, it observes it also must alter the required 
advisory language for Consumer Signal Boosters, specifically the 
statement that ``BEFORE USE, you MUST REGISTER THIS DEVICE with your 
wireless provider and have your provider's consent. Most wireless 
providers consent to the use of signal boosters. Some providers may not 
consent to the use of this device on their network. If you are unsure, 
contact your provider.'' The Commission proposes to alter this language 
to make clear to purchasers that any Consumer Signal Booster must be 
registered with one or more wireless providers and that it may not be 
used with any provider in the absence of their prior consent. The 
Commission also proposes to include language directing signal booster 
purchasers/operators to an FCC web page that will guide them to 
determine with which provider(s) they must register and from whom they 
must receive consent before initiating any operation of the signal 
booster. The Commission preliminarily anticipates that the FCC web page 
would include tools so that a Consumer Signal Booster purchaser/
operator could determine whether it needed to register with only one, 
or with multiple providers and to assist the purchaser/operator in 
identifying which providers might be within range of the signal booster 
when operated. The Commission seeks comment on this proposal. Is it 
likely to promote compliance with its requirements for Consumer Signal 
Boosters or might it instead lead to purchasers, particularly 
individuals, ignoring the requirements? Is there a simpler way to 
include the required information in an advisory that accompanies the 
Consumer Signal Boosters? Is there a more efficient way for signal 
booster purchasers/operators to obtain this information?
    26. The Commission also considers what action it should take with 
respect to Mobile Consumer Signal Boosters if it moves forward with its 
overall proposal. While Mobile Consumer Signal Boosters generally are 
used by consumers for their personal use and only on their own 
provider's mobile network (e.g., in their personal car), other non-
personal uses across multiple wireless providers' spectrum are possible 
as well. For example, commercial bus or train lines that travel across 
multiple markets may choose to deploy a mobile booster for their 
passengers' use. The Commission proposes that such enterprises would be 
required to register their Mobile Consumer Signal Boosters with all 
providers within range of the signal booster, even though the number of 
such wireless providers may well be larger than those for a fixed 
signal booster, as the bus or train would be

[[Page 17135]]

moving through multiple markets. Would imposing this registration 
requirement for mobile signal boosters be burdensome on entities like 
bus and train lines, or would it simply be considered a requirement of 
doing business? Is there an alternative way to address the need for 
registration of mobile signal boosters that would maintain the 
integrity of its registration and consent requirement?
    27. Finally, the Commission seeks comment on whether either or both 
of its proposals above (to eliminate the personal use restriction for 
Wideband Consumer Signal Boosters and to allow non-subscribers to 
operate Consumer Signal Boosters on the networks of all wireless 
providers) require any additional rule changes. For example, would 
either proposal require any technical rule changes? Are enterprise 
users likely to place their Consumer Signal Boosters in locations that 
are more prone to causing interference, for example, outdoors or on top 
of tall buildings? Should the Commission consider placing restrictions 
on where Consumer Signal Boosters may be operated? Is there a technical 
reason to limit how many Consumer Signal Boosters one operator may 
deploy? Sprint, for example, points out that using multiple Consumer 
Signal Boosters to cover a large industrial, retail, or other facility 
is not ideal, ``as the performance of the boosters is not optimized for 
such deployments.'' Are there any other considerations?

II. Procedural Matters

A. Paperwork Reduction Act Analysis

    28. The Second Further Notice contains proposed modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks 
specific comment on how we might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    29. The Initial Regulatory Flexibility Analysis (IRFA) is in 
Appendix D of the Second Further Notice.

B. Initial Regulatory Flexibility Analysis

    30. As required by the RFA, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities of the rule 
revisions proposed in the Second Further Notice. The analysis is found 
in Appendix D of the Second Further Notice. The Commission requests 
written public comment on the analysis. Comments must be filed in 
accordance with the same deadlines as comments filed in response to the 
Second Further Notice, and must have a separate and distinct heading 
designating them as responses to the IRFA. The Commission's Consumer 
and Governmental Affairs Bureau, Reference Information Center, will 
send a copy of the Second Further Notice, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration, in 
accordance with the RFAs.

C. Ex Parte Presentations

    31. This proceeding shall continue to 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 rule 1.1206(b). In proceedings governed by 
rule 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 Commission's Electronic Comment Filing System 
(ECFS) 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.
    32. People with Disabilities. To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

III. Ordering Clauses

    33. Accordingly, it is ordered, pursuant to Sections 1, 4(i), 4(j), 
7, 301, 302, and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 154(j), 157, 301, 302, and 303, that the Second 
Further Notice of Proposed Rulemaking in WT Docket No. 10-4 is adopted.
    34. It is further ordered that, pursuant to applicable procedures 
set forth in Sections 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, 1.419, interested parties may file comments on the Second 
Further Notice of Proposed Rulemaking on or before 30 days after 
publication in the Federal Register and reply comments on or before 60 
days after publication in the Federal Register.
    35. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second Further 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 20

    Communications common carriers, Communications equipment, Radio.


Federal Communications Commission.
Katura Jackson,
Federal Register Liaison. Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

0
1. The authority citation for Part 20 continues to read as follows:

    Authority:  47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316,

[[Page 17136]]

316(a), 332, 610, 615, 615a, 615b, 615c, unless otherwise noted.

0
2. Amend Sec.  20.21 by revising paragraphs (a), (f), (g), and (h) to 
read as follows:


Sec.  20.21  Signal boosters.

    (a) Operation of Consumer Signal Boosters.--(1) For personal use by 
a subscriber. A subscriber in good standing of a commercial mobile 
radio service system may operate a Consumer Signal Booster under the 
authorization held by the licensee providing service to the subscriber, 
provided that the subscriber complies with paragraphs (a)(1)(i) through 
(a)(1)(vi) of this section. Failure to comply with all applicable rules 
in this section and all applicable technical rules for the frequency 
band(s) of operation voids the authority to operate the Consumer Signal 
Booster.
    (i) Prior to operation, the subscriber obtains the consent of the 
licensee providing service to the subscriber;
    (ii) Prior to operation, the subscriber registers the Consumer 
Signal Booster with the licensee providing service to the subscriber;
    (iii) The subscriber only operates the Consumer Signal Booster with 
approved antennas, cables, and/or coupling devices as specified by the 
manufacturer of the Consumer Signal Booster;
    (iv) The subscriber operates the Consumer Signal Booster on 
frequencies used for the provision of subscriber-based services as 
specified by paragraph (e)(3) of this section;
    (v) The Consumer Signal Booster complies with paragraphs (e), (f), 
(g), and (h) of this section and Sec.  2.907 of this chapter; and
    (vi) The subscriber may not deactivate any features of the Consumer 
Signal Booster that are designed to prevent harmful interference to 
wireless networks. These features must be enabled and operating at all 
times the signal booster is in use.
    (2) For non-personal use. An individual or non-individual may 
operate a Consumer Signal Booster under the authorization held by the 
licensee(s) of the spectrum on which the Consumer Signal Booster 
operates, provided that the operator complies with paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section. Failure to comply with all 
applicable rules in this section and all applicable technical rules for 
the frequency band(s) of operation voids the authority to operate the 
Consumer Signal Booster.
    (i) Prior to operation, the operator obtains the consent of the 
licensee(s) of the spectrum on which the Consumer Signal Booster 
operates;
    (ii) Prior to operation, the operator registers the Consumer Signal 
Booster with the licensee(s) of the spectrum on which the Consumer 
Signal Booster operates;
    (iii) The operator only operates the Consumer Signal Booster with 
approved antennas, cables, and/or coupling devices as specified by the 
manufacturer of the Consumer Signal Booster;
    (iv) The operator operates the Consumer Signal Booster on 
frequencies used for the provision of subscriber-based services as 
specified by paragraph (e)(3) of this section;
    (v) The Consumer Signal Booster complies with paragraphs (e), (f), 
(g), and (h) of this section and Sec.  2.907 of this chapter; and
    (vi) The operator may not deactivate any features of the Consumer 
Signal Booster that are designed to prevent harmful interference to 
wireless networks. These features must be enabled and operating at all 
times the signal booster is in use.
* * * * *
    (f) Signal Booster Labeling Requirements.
    (1) Consumer Signal Boosters.
    (i) Consumer Signal Booster manufacturers, distributors, and 
retailers must ensure that all signal boosters include the following 
advisory:
    This is a CONSUMER device.
    BEFORE USE, you MUST REGISTER THIS DEVICE with the appropriate 
wireless provider(s) and have that provider's consent. Most wireless 
providers consent to the use of signal boosters. Some providers may not 
consent to the use of this device on their network. Please visit 
www.fcc.gov/X to determine the provider(s) with which you must register 
and from which you must receive consent.
    You MUST operate this device with approved antennas and cables as 
specified by the manufacturer. Antennas MUST be installed at least 20 
cm (8 inches) from any person.
    You MUST cease operating this device immediately if requested by 
the FCC or a licensed wireless service provider.
    WARNING. E911 location information may not be provided or may be 
inaccurate for calls served by using this device.
    (ii) The label for Consumer Signal Boosters certified for fixed 
indoor operation also must include the following language:
    This device may be operated ONLY in a fixed location for in-
building use.
    (iii) These advisories must be included:
    (A) In on-line, point-of-sale marketing materials,
    (B) In any owner's manual and installation instructions (whether in 
print or on-line),
    (C) On the outside packaging of the device, and
    (D) On a label affixed to the device.
    (iv) In lieu of the requirements of paragraphs (f)(1)(i), and 
(f)(1)(iii)(C and (D) of this section, vehicle manufacturers, vehicle 
distributors, and vehicle retailers of vehicles with embedded Consumer 
Signal Boosters must use the following alternative advisory in any 
materials provided at vehicle delivery and when the consumer registers 
the vehicle with the vehicle manufacturer:
    This vehicle contains a CONSUMER SIGNAL BOOSTER device.
    BEFORE USE, you MUST REGISTER THIS SIGNAL BOOSTER DEVICE with the 
appropriate wireless provider(s) and have that provider's consent. Most 
wireless providers consent to the use of signal boosters. Some 
providers may not consent to the use of this device on their network. 
Please visit www.fcc.gov/X to determine with which provider(s) you must 
register and from which you must receive consent.
    If a wireless provider does not consent to the use of this device 
on its network, or if you are directed to cease operating the device by 
the FCC or a licensed wireless service provider, you MUST 
[manufacturer, distributor, and/or retailer insert instruction to 
consumer].
    WARNING. E911 location information may not be provided or may be 
inaccurate for calls served by using this device.
    (v) A Consumer Signal Booster label may contain an acknowledgement 
that particular provider(s) have given their consent for all consumers 
to use the device. Such an acknowledgement shall be inserted prior to, 
``Some providers may not consent to the use of this device on their 
network.'' The remaining language of the advisory shall remain the 
same.
    (2) Industrial Signal Boosters. (i) Industrial Signal Booster 
manufacturers, distributors, and retailers must ensure that all signal 
boosters, include the following advisory:
    WARNING. This is NOT a CONSUMER device. It is designed for 
installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have 
an FCC LICENSE or express consent of an FCC Licensee to operate this 
device. Unauthorized use may result in significant forfeiture 
penalties, including penalties in excess of $100,000 for each 
continuing violation.
    (g) Marketing and Sale of Signal Boosters. Except as provided in 
Sec.  2.803

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of this chapter, no person, manufacturer, distributor, or retailer may 
market (as defined in Sec.  2.803 of this chapter) any Consumer Signal 
Booster that does not comply with the requirements of this section to 
any person in the United States or to any person intending to operate 
the Consumer Signal Booster within the United States.
    (h) Registration. (1) Each licensee consenting to the operation of 
a Consumer Signal Booster must establish a free registration mechanism 
for subscribers and register all, including non-subscriber, Consumer 
Signal Boosters to which it consents. A licensee must establish a 
registration mechanism within 90 days of consenting to the operation of 
a Consumer Signal Booster. At a minimum, a licensee must collect:
    (i) The name of the Consumer Signal Booster owner and/or operator, 
if different individuals;
    (ii) The make, model, and serial number of the device;
    (iii) The location of the device; and
    (iv) The date of initial operation. Licensee consent is voluntary 
and may be withdrawn at the licensee's discretion.
    (2) In addition, for any non-subscriber registration, at a minimum, 
the registrant must:
    (i) Prior to operation, obtain the consent of the licensee for any 
network operating in the range of the signal booster;
    (ii) Prior to operation, register the signal booster with the 
licensee for any network on which the booster will be operated;
    (iii) Operate the Consumer Signal Booster only with approved 
antennas, cables, and/or coupling devices as specified by the 
manufacturer of the booster;
    (iv) Operate the signal booster only on frequencies used for the 
provision of subscriber-based services, as specified by paragraph 
(e)(3) of this section;
    (v) Because operation of Consumer Signal Boosters is on a 
secondary, non-interference basis to primary services licensed for the 
frequency bands on which they transmit, upon request of an FCC 
representative or a licensee experiencing harmful interference,
    (A) Cooperate in determining the source of the interference, and
    (B) If necessary, deactivate the signal booster immediately, or as 
soon as practicable, if immediate deactivation is not possible;
    (vi) Use a signal booster that meets the Network Protection 
Standard as required by paragraph (e) of this section;
    (vii) Use a signal booster that is appropriately labeled as 
required by paragraph (f) of this section; and
    (viii) Not deactivate any features of the signal booster that are 
designed to prevent harmful interference to wireless networks. These 
features must be enabled and operating at all times the signal booster 
is in use.

[FR Doc. 2018-08030 Filed 4-17-18; 8:45 am]
 BILLING CODE 6712-01-P