80 FR 18144 - Private Land Mobile Radio Services

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range		18144-18146
FR Document		2015-07600

In this document, the Federal Communications Commission (Commission) grants an unopposed petition filed by the Public Safety Communications Council (PSCC) for partial reconsideration of the Fifth Report and Order in this proceeding. Specifically, for applicants seeking authority to operate centralized trunked stations on Public Safety Pool channels, we eliminate the requirement that the applicant demonstrate that the proposed station's service contour will not be overlapped by any incumbent station's interference contour. We also amend the rule changes adopted in the Fifth Report and Order regarding treatment of mobile stations to clarify how to protect 150-174 MHz band mobile stations that are associated with a base station. This proceeding is part of our continuing effort to provide clear and concise rules that facilitate new wireless technologies, devices and services, and are easy for the public to understand.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18144-18146]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07600]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WP Docket No. 07-100, FCC 15-28]


Private Land Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) grants an unopposed petition filed by the Public Safety 
Communications Council (PSCC) for partial reconsideration of the Fifth 
Report and Order in this proceeding. Specifically, for applicants 
seeking authority to operate centralized trunked stations on Public 
Safety Pool channels, we eliminate the requirement that the applicant 
demonstrate that the proposed station's service contour will not be 
overlapped by any incumbent station's interference contour. We also 
amend the rule changes adopted in the Fifth Report and Order regarding 
treatment of mobile stations to clarify how to protect 150-174 MHz band 
mobile stations that are associated with a base station. This 
proceeding is part of our continuing effort to provide clear and 
concise rules that facilitate new wireless technologies, devices and 
services, and are easy for the public to understand.

DATES: Effective May 4, 2015.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway, at 
[email protected], Wireless Telecommunications Bureau, (202) 418-
2904, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Order on Reconsideration in WP Docket No. 07-100; FCC 15-28, adopted on 
March 9, 2015, and released March 11, 2015. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 
20554. The full text may also be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
sending an email to [email protected] or by calling the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary

    1. A trunked radio system employs technology that can search two or 
more available channels and automatically assign a user an open 
channel. In the Fifth Report and Order, the Commission revised, 
clarified, and streamlined Sec.  90.187 of its rules, which specifies 
the manner in which trunking may be accomplished in the 150-174 MHz and 
421-512 MHz private land mobile radio bands. PSCC seeks reconsideration 
with respect to two of those rule changes.
    2. Section 90.187(d)(3). As noted in the Fifth Report and Order, 
Sec.  90.187 requires that a trunked system monitor the frequencies and 
employ equipment that prevents transmission on a frequency if a signal 
from another system is present on it, with certain exceptions. One of 
these exceptions is if the licensee obtains the written consent of all 
``affected licensees.'' Whether an incumbent is an affected licensee 
depends on both the spectral proximity of the existing and proposed 
frequencies, and the physical proximity of the existing and proposed 
facilities. In the Fifth Report and Order, the Commission modified 
Sec.  90.187 to require that the contour analysis used to determine 
physical proximity be performed by an applicant for a new centralized 
trunked system to demonstrate both that (1) the proposed system's 
interference contour will not overlap any spectrally proximate 
incumbent system's service contour;

[[Page 18145]]

and (2) its proposed service contour will not be overlapped by the 
interference contour of any incumbent system (a ``reverse'' contour 
analysis). The Commission adopted the reverse contour requirement 
because its benefits--to prevent the licensing of stations that would 
appear to have little function other than to enable the applicant to 
block the expansion of viable incumbent systems--outweighed the limited 
additional burden on frequency coordinators of performing a two-way 
analysis. It noted that applicants with legitimate reasons for seeking 
authorization for service contours overlapped by incumbents' 
interference contours could seek case-by-case waivers.
    3. PSCC states that there are situations in which it is appropriate 
to license low-power Public Safety stations within the interference 
contours of incumbent stations in order to fill a specific 
communications need, such as providing communications capacity at a 
prison or courthouse, and that such stations have no effect on 
incumbent licensees. PSCC believes that the coordination of such 
stations should be permitted based on the expertise of the Public 
Safety Pool frequency coordinators rather than requiring licensees to 
utilize the slower and more burdensome case-by-case waiver process. 
Further, PSCC asserts that while ``a practice similar to `greenmail' '' 
may occur on Industrial/Business Pool channels, which the reverse 
contour analysis might help to prevent, the issue does not arise on 
Public Safety Pool channels.
    4. We agree with PSCC that the reverse contour requirement is not 
necessary for the Public Safety Pool channels, and should apply only to 
Industrial/Business Pool channels. No party has opposed PSCC's request, 
and we find the risk of such potential ``greenmail'' activity in 
connection with public safety facilities to be unlikely and certainly 
outweighed by the cost of pursuing case-by-case waivers. Accordingly, 
we are amending the rules to eliminate the ``affected licensees'' 
consent requirement for Public Safety Pool applicants for stations with 
a proposed service contour overlapped by an incumbent system's 
interference contour. Such Public Safety Pool applicants will be 
permitted to prosecute their applications, which require coordination 
by a Public Safety Pool frequency coordinator, without obtaining the 
consent of ``affected licensees'' unless their proposed interference 
contour overlaps any spectrally proximate incumbent licensee's service 
contour. We amend Sec.  90.187(d)(3) to make clear that when a public 
safety applicant files an application in which its service contour is 
overlapped by the interference contour of an incumbent station, the 
applicant must accept any resultant interference.
    5. Section 90.187(d)(1)(B). Formerly, Sec.  90.187 was not entirely 
clear about how to treat mobile stations for the foregoing contour 
analysis. The Commission amended the rule in the Fifth Report and Order 
to provide that, for purposes of the contour analysis to determine 
whether a station is an affected licensee, a mobile-only system's 
authorized operating area will be used as both its service contour and 
its interference contour. The Commission concluded that using the 
service area boundary for both the protected contour and the 
interference contour would allow establishment of new facilities while 
still providing an appropriate level of protection to the mobile 
operations.
    6. PSCC concurs with the Commission's decision to address the 
protection of mobile stations not associated with a base station by 
making the mobile-only authorized operating area represent both the 
interference and service contours. It notes, however, that the 
Commission did not adopt any provision regarding protection of mobile 
units that are associated with a base station, and suggests that 
associated mobile units be treated analogously to unassociated mobile 
units by using the associated base station's service contour as both 
the associated mobile unit's service contour and interference contour.
    7. We agree that this omission should be addressed with respect to 
the 150-174 MHz band, where the base and mobile frequencies generally 
are not paired. As the Commission concluded with respect to mobile 
units not associated with a base station, using the service area 
boundary for 150-174 MHz mobile units that are associated with a base 
station for both the protected contour and the interference contour 
will allow establishment of new facilities while still providing an 
appropriate level of protection to incumbent operations. We amend Sec.  
90.187(d)(1)(B) accordingly.

I. Procedural Matters

Paperwork Reduction Act

    8. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

II. Final Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act (RFA), a Final 
Regulatory Flexibility Analysis (FRFA) was incorporated in the Fifth 
Report and Order. In view of the fact that we have adopted further rule 
amendments in the Second Order on Reconsideration, we have included 
this Supplemental Final Regulatory Flexibility Certification. This 
Certification conforms to the RFA. See 5 U.S.C. 604.
    10. The Regulatory Flexibility Act of 1980, as amended (RFA) 
requires that a regulatory flexibility analysis be prepared for 
rulemaking proceedings, unless the agency certifies that ``the rule 
will not have a significant economic impact on a substantial number of 
small entities.'' See 5 U.S.C. 605(b). The RFA generally defines 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' See 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. See 5 U.S.C. 601(3). A small business 
concern is one which (1) is independently owned and operated, (2) is 
not dominant in its field of operation, and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). See Small Business Act, 5 U.S.C. 632 (1996). The FRFA 
incorporated in the Fifth Report and Order described and estimated the 
number of small entity licensees and regulatees that may be affected by 
the rules changes adopted therein, described the projected reporting, 
recordkeeping, and other compliance requirements associated therewith, 
identified the steps taken to minimize significant economic impact on 
small entities and significant alternatives considered in connection 
therewith, and identified no federal rules that may duplicate, overlap, 
or conflict therewith. That FRFA is unchanged by this Second Order on 
Reconsideration except as described below.
    11. The Second Order on Reconsideration makes technical 
modifications to our rule regarding the contour analysis for 
determining whether to permit a new centralized trunked station. These 
rule changes are not expected to have any significant cumulative effect 
on frequency coordination costs. Therefore, we certify

[[Page 18146]]

that the requirements of the Second Order on Reconsideration will not 
have a significant economic impact on a substantial number of small 
entities.
    12. The Commission will send a copy of the Second Order on 
Reconsideration, including a copy of this final certification, in a 
report to Congress pursuant to the Congressional Review Act, see U.S.C. 
801(a)(1)(A). In addition, the Second Order on Reconsideration and this 
certification will be sent to the Chief Counsel for Advocacy of the 
Small Business Administration. A copy of this Second Order on 
Reconsideration and this certification (or summaries thereof) will also 
be published in the Federal Register. See 5 U.S.C. 604(b).

III. Ordering Clauses

    13. Accordingly, it is ordered pursuant to sections 4(i), 303(r), 
and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 303(r), 405, and Sec.  1.429 of the Commission's rules, 47 CFR 
1.429, that the Petition for Reconsideration of the Fifth Report and 
Order filed by the Public Safety Communications Council on June 12, 
2013, is granted to the extent set forth herein.
    14. It is further ordered that part 90 of the Commission's rules is 
amended, effective May 4, 2015.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed, 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), and 332(c)(7) and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96 Stat. 156.

0
2. Section 90.187 is amended by revising paragraphs (d)(1)(ii)(A) and 
(d)(3) to read as follows:


Sec.  90.187  Trunking in the bands between 150 and 512 MHz.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (A) Licensees (and filers of previously filed pending applications) 
with a service contour (37 dBu for stations in the 150-174 MHz band, 
and 39 dBu for stations in the 421-512 MHz band) that is overlapped by 
the proposed centralized trunked station's interference contour (19 dBu 
for stations in the 150-174 MHz band, and 21 dBu for stations in the 
421-512 MHz band). Contour calculations are required for base station 
facilities. Contour calculations are required for associated mobile 
stations only in the 150-174 MHz band, with the associated base 
station's service contour used as both the mobile station's service 
contour and its interference contour.
* * * * *
    (3) In addition, the service contour for proposed centralized 
trunked stations on Industrial/Business Pool frequencies shall not be 
overlapped by an incumbent licensee's interference contour. An 
application filed for Public Safety Pool frequencies, see Sec.  90.20, 
for a proposed centralized trunked station in which the service contour 
of the proposed station is overlapped by the interference contour of 
the incumbent station(s) is allowed, but the applicant must accept any 
resultant interference.
* * * * *
[FR Doc. 2015-07600 Filed 4-2-15; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 18145

and (2) its proposed service contour will § 90.187(d)(3) to make clear that when a collection burden for small business
not be overlapped by the interference public safety applicant files an concerns with fewer than 25
contour of any incumbent system (a application in which its service contour employees,’’ pursuant to the Small
‘‘reverse’’ contour analysis). The is overlapped by the interference Business Paperwork Relief Act of 2002,
Commission adopted the reverse contour of an incumbent station, the Public Law 107–198, see 44 U.S.C.
contour requirement because its applicant must accept any resultant 3506(c)(4).
benefits—to prevent the licensing of interference. II. Final Regulatory Flexibility Analysis
stations that would appear to have little 5. Section 90.187(d)(1)(B). Formerly,
function other than to enable the § 90.187 was not entirely clear about 9. As required by the Regulatory
applicant to block the expansion of how to treat mobile stations for the Flexibility Act (RFA), a Final Regulatory
viable incumbent systems—outweighed foregoing contour analysis. The Flexibility Analysis (FRFA) was
the limited additional burden on Commission amended the rule in the incorporated in the Fifth Report and
frequency coordinators of performing a Fifth Report and Order to provide that, Order. In view of the fact that we have
two-way analysis. It noted that for purposes of the contour analysis to adopted further rule amendments in the
applicants with legitimate reasons for determine whether a station is an Second Order on Reconsideration, we
seeking authorization for service affected licensee, a mobile-only system’s have included this Supplemental Final
contours overlapped by incumbents’ authorized operating area will be used Regulatory Flexibility Certification. This
interference contours could seek case- as both its service contour and its Certification conforms to the RFA. See
by-case waivers. interference contour. The Commission 5 U.S.C. 604.
3. PSCC states that there are situations concluded that using the service area 10. The Regulatory Flexibility Act of
in which it is appropriate to license boundary for both the protected contour 1980, as amended (RFA) requires that a
low-power Public Safety stations within and the interference contour would regulatory flexibility analysis be
the interference contours of incumbent allow establishment of new facilities prepared for rulemaking proceedings,
stations in order to fill a specific while still providing an appropriate unless the agency certifies that ‘‘the rule
communications need, such as level of protection to the mobile will not have a significant economic
providing communications capacity at a operations. impact on a substantial number of small
prison or courthouse, and that such 6. PSCC concurs with the entities.’’ See 5 U.S.C. 605(b). The RFA
stations have no effect on incumbent Commission’s decision to address the generally defines ‘‘small entity’’ as
licensees. PSCC believes that the protection of mobile stations not having the same meaning as the terms
coordination of such stations should be associated with a base station by making ‘‘small business,’’ ‘‘small organization,’’
permitted based on the expertise of the the mobile-only authorized operating and ‘‘small governmental jurisdiction.’’
Public Safety Pool frequency See 5 U.S.C. 601(6). In addition, the
area represent both the interference and
coordinators rather than requiring term ‘‘small business’’ has the same
service contours. It notes, however, that
licensees to utilize the slower and more meaning as the term ‘‘small business
the Commission did not adopt any
burdensome case-by-case waiver concern’’ under the Small Business Act.
provision regarding protection of mobile
process. Further, PSCC asserts that See 5 U.S.C. 601(3). A small business
units that are associated with a base
while ‘‘a practice similar to ‘greenmail’ ’’ concern is one which (1) is
station, and suggests that associated
may occur on Industrial/Business Pool independently owned and operated, (2)
mobile units be treated analogously to
channels, which the reverse contour is not dominant in its field of operation,
unassociated mobile units by using the
analysis might help to prevent, the issue and (3) satisfies any additional criteria
associated base station’s service contour
does not arise on Public Safety Pool established by the Small Business
as both the associated mobile unit’s Administration (SBA). See Small
channels. service contour and interference
4. We agree with PSCC that the Business Act, 5 U.S.C. 632 (1996). The
contour. FRFA incorporated in the Fifth Report
reverse contour requirement is not 7. We agree that this omission should
necessary for the Public Safety Pool and Order described and estimated the
be addressed with respect to the 150–
channels, and should apply only to number of small entity licensees and
174 MHz band, where the base and regulatees that may be affected by the
Industrial/Business Pool channels. No mobile frequencies generally are not
party has opposed PSCC’s request, and rules changes adopted therein,
paired. As the Commission concluded described the projected reporting,
we find the risk of such potential
with respect to mobile units not recordkeeping, and other compliance
‘‘greenmail’’ activity in connection with
associated with a base station, using the requirements associated therewith,
public safety facilities to be unlikely
service area boundary for 150–174 MHz identified the steps taken to minimize
and certainly outweighed by the cost of
mobile units that are associated with a significant economic impact on small
pursuing case-by-case waivers.
base station for both the protected entities and significant alternatives
Accordingly, we are amending the rules
contour and the interference contour considered in connection therewith, and
to eliminate the ‘‘affected licensees’’
will allow establishment of new identified no federal rules that may
consent requirement for Public Safety
facilities while still providing an duplicate, overlap, or conflict therewith.
Pool applicants for stations with a
proposed service contour overlapped by appropriate level of protection to That FRFA is unchanged by this Second
an incumbent system’s interference incumbent operations. We amend Order on Reconsideration except as
contour. Such Public Safety Pool § 90.187(d)(1)(B) accordingly. described below.
applicants will be permitted to I. Procedural Matters 11. The Second Order on
asabaliauskas on DSK5VPTVN1PROD with RULES

prosecute their applications, which Reconsideration makes technical
require coordination by a Public Safety Paperwork Reduction Act modifications to our rule regarding the
Pool frequency coordinator, without 8. This document does not contain contour analysis for determining
obtaining the consent of ‘‘affected proposed information collection(s) whether to permit a new centralized
licensees’’ unless their proposed subject to the Paperwork Reduction Act trunked station. These rule changes are
interference contour overlaps any of 1995 (PRA), Public Law 104–13. In not expected to have any significant
spectrally proximate incumbent addition, therefore, it does not contain cumulative effect on frequency
licensee’s service contour. We amend any new or modified ‘‘information coordination costs. Therefore, we certify

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18146 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations

that the requirements of the Second service contour (37 dBu for stations in FMCSA’s civil penalties are consistent
Order on Reconsideration will not have the 150–174 MHz band, and 39 dBu for with the applicable statutes.
a significant economic impact on a stations in the 421–512 MHz band) that DATES: Effective June 2, 2015.
substantial number of small entities. is overlapped by the proposed
12. The Commission will send a copy centralized trunked station’s FOR FURTHER INFORMATION CONTACT: Ms.
of the Second Order on Reconsideration, interference contour (19 dBu for stations Nikki McDavid, Enforcement Division,
including a copy of this final in the 150–174 MHz band, and 21 dBu by email at nikki.mcdavid@dot.gov or
certification, in a report to Congress for stations in the 421–512 MHz band). phone at 202–366–0831. Office hours
pursuant to the Congressional Review Contour calculations are required for are from 8:00 a.m. to 4:30 p.m. Monday
Act, see U.S.C. 801(a)(1)(A). In addition, base station facilities. Contour through Friday, except Federal holidays.
the Second Order on Reconsideration calculations are required for associated SUPPLEMENTARY INFORMATION:
and this certification will be sent to the mobile stations only in the 150–174 The Supplementary Information
Chief Counsel for Advocacy of the Small MHz band, with the associated base section of this rule is organized as
Business Administration. A copy of this station’s service contour used as both follows.
Second Order on Reconsideration and the mobile station’s service contour and
this certification (or summaries thereof) its interference contour. Table of Contents
will also be published in the Federal * * * * * I. Executive Summary
Register. See 5 U.S.C. 604(b). (3) In addition, the service contour for A. Purpose and Summary of Major
proposed centralized trunked stations Provisions
III. Ordering Clauses B. Benefits and Costs
on Industrial/Business Pool frequencies
13. Accordingly, it is ordered II. Legal Basis for the Rulemaking
shall not be overlapped by an A. MAP–21
pursuant to sections 4(i), 303(r), and 405 incumbent licensee’s interference
of the Communications Act of 1934, as B. The Debt Collection Improvement Act of
contour. An application filed for Public 1996
amended, 47 U.S.C. 154(i), 303(r), 405, Safety Pool frequencies, see § 90.20, for C. SAFETEA–LU
and § 1.429 of the Commission’s rules, a proposed centralized trunked station D. Other Authorities
47 CFR 1.429, that the Petition for in which the service contour of the III. Background
Reconsideration of the Fifth Report and proposed station is overlapped by the A. Method of Calculation
Order filed by the Public Safety interference contour of the incumbent IV. Section-by-Section Analysis
Communications Council on June 12, station(s) is allowed, but the applicant V. Rulemaking Analyses and Notices
2013, is granted to the extent set forth must accept any resultant interference. I. Executive Summary
herein.
14. It is further ordered that part 90 * * * * * A. Purpose and Summary of the Major
[FR Doc. 2015–07600 Filed 4–2–15; 8:45 am]
of the Commission’s rules is amended, Provisions
BILLING CODE 6712–01–P
effective May 4, 2015.
This final rule adjusts the amount of
List of Subjects in 47 CFR Part 90 FMCSA’s civil penalties to account for
Communications equipment, Radio, DEPARTMENT OF TRANSPORTATION inflation as directed by the Adjustment
Reporting and recordkeeping Act, as amended by the DCIA. The
requirements. Federal Motor Carrier Safety specific inflation adjustment
Administration methodology is described below. This
Federal Communications Commission. final rule also eliminates existing
Marlene H. Dortch, 49 CFR Parts 383, 385, 386 and 387 inconsistencies between regulatory
Secretary. language in Appendices A and B of 49
[Docket Number: FMCSA–2014–0261]
For the reasons discussed, the Federal U.S.C. part 386 and other parts of the
Communications Commission amends RIN 2126–AB75 FMCSRs by removing the penalty
47 CFR part 90 as follows: amounts from the regulatory language
Civil Penalties Inflation Adjustments and listing all penalty amounts in these
PART 90—PRIVATE LAND MOBILE AGENCY: Federal Motor Carrier Safety appendices only. Finally, this
RADIO SERVICES Administration (FMCSA), DOT. rulemaking addresses changes to the
ACTION: Final rule. hazardous material civil penalties
■ 1. The authority citation for part 90 violations which were mandated by
continues to read as follows: SUMMARY: The FMCSA specifies MAP–21.
Authority: Sections 4(i), 11, 303(g), 303(r), inflation adjustments to civil penalty
and 332(c)(7) of the Communications Act of B. Benefits and Costs
amounts assessed to those who violate
1934, as amended, 47 U.S.C. 154(i), 161, the Federal Motor Carrier Safety The changes imposed by this final
303(g), 303(r), and 332(c)(7) and Title VI of Regulations (FMCSRs) and Hazardous rule upon the civil penalty amounts
the Middle Class Tax Relief and Job Creation
Materials Regulations (HMRs). Some of alter only the magnitude of transfer
Act of 2012, Pub. L. 112–96 Stat. 156.
these adjustments are required by the payments; transfer payments by
■ 2. Section 90.187 is amended by Federal Civil Penalties Inflation definition are not considered in the
revising paragraphs (d)(1)(ii)(A) and Adjustment Act of 1990 (Adjustment monetization of societal costs and
(d)(3) to read as follows: Act), as amended by the Debt Collection benefits of rulemakings. Congress has
asabaliauskas on DSK5VPTVN1PROD with RULES

§ 90.187 Trunking in the bands between Improvement Act of 1996 (DCIA). Most stated in the Adjustment Act, section 2,
150 and 512 MHz. of the civil penalties were last adjusted that increasing penalties over time will
* * * * * for inflation in 2007, and some have not deter violations. Therefore, with this
(d) * * * been changed since 2003. Other changes deterrence, FMCSA infers that there
(1) * * * to the civil penalties were mandated by may be some safety benefits that occur
(ii) * * * Congress in the Moving Ahead for due to this final rule. The deterrence
(A) Licensees (and filers of previously Progress in the 21st Century Act (MAP– effect of increasing penalties, which
filed pending applications) with a 21). This final rule ensures that Congress has recognized, cannot be

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Document Created: 2015-12-18 15:28:54
Document Modified: 2015-12-18 15:28:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective May 4, 2015.
Contact		Rodney P. Conway, at [email protected], Wireless Telecommunications Bureau, (202) 418- 2904, or TTY (202) 418-7233.
FR Citation		80 FR 18144
CFR Associated		Communications Equipment; Radio and Reporting and Recordkeeping Requirements