80 FR 25604 - Travelers' Information Stations

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 86 (May 5, 2015)

Page Range		25604-25609
FR Document		2015-10471
In this document, the Commission amends its rules pertaining to public safety Travelers' Information Stations (TIS), which Public Safety Pool-eligible entities operate to transmit noncommercial, travel-related information over AM band frequencies to motorists on a localized basis. One current TIS rule requires the filtering of audio frequencies transmitted over TIS. Specifically, the Commission relaxes the rule to require the filtering of audio frequencies above 5 kHz instead of 3 kHz. This rule change will enable TIS operators to improve the audio quality and intelligibility of TIS broadcasts, thus improving their ability to communicate clearly with the traveling public.
Federal Register, Volume 80 Issue 86 (Tuesday, May 5, 2015)
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25604-25609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10471]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 09-19; RM-11514 and RM-11531; FCC 15-37]


Travelers' Information Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules pertaining 
to public safety Travelers' Information Stations (TIS), which Public 
Safety Pool-eligible entities operate to transmit noncommercial, 
travel-related information over AM band frequencies to motorists on a 
localized basis. One

[[Page 25605]]

current TIS rule requires the filtering of audio frequencies 
transmitted over TIS. Specifically, the Commission relaxes the rule to 
require the filtering of audio frequencies above 5 kHz instead of 3 
kHz. This rule change will enable TIS operators to improve the audio 
quality and intelligibility of TIS broadcasts, thus improving their 
ability to communicate clearly with the traveling public.

DATES: Effective June 4, 2015.

FOR FURTHER INFORMATION CONTACT: Thomas Eng, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554, 
at (202) 418-0019, TTY (202) 418-7233, or via email at 
Thomas.Eng@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order in PS Docket No. 09-19; RM-11514 and RM-11531; adopted 
March 25, 2015 and released on March 26, 2015. The complete text of 
this document is 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. Alternative 
formats (computer diskette, large print, audio cassette, and Braille) 
are available to persons with disabilities or by sending an email to 
FCC504@fcc.gov or calling the Consumer and Governmental Affairs Bureau 
at (202) 418-0530, TTY (202) 418-0432. This document is also available 
on the Commission's Web site at http://www.fcc.gov.

Introduction

    Commission rules authorize Public Safety Pool-eligible entities to 
use Travelers' Information Stations (TIS) to transmit noncommercial, 
travel-related information over AM band frequencies to motorists on a 
localized basis. Sec.  90.242(b)(8) of the Commission's rules requires 
the filtering of audio frequencies between 3 and 20 kHz. Based on a 
comment record indicating that this filtering decreases the audibility 
of TIS broadcasts in general, and especially at night and over 
difficult terrain, the Commission adopted a Further Notice of Proposed 
Rulemaking (FNPRM) concurrently with the Report and Order proposing 
elimination of the TIS filtering requirement. In comments to the FNPRM, 
the National Association of Broadcasters (NAB) proposed relaxing, but 
not eliminating, the filtering requirement from 3 kHz to 5 kHz. The 
Commission sought comment on this proposal. The subsequent record 
indicates that a relaxed filtering requirement could improve TIS audio 
quality to match that of AM broadcast stations, while still retaining a 
sufficient filtering requirement to minimize adjacent channel 
interference. Accordingly, in this proceeding we adopt a Second Report 
and Order that maintains a filtering requirement but relaxes it from 3 
kHz to 5 kHz. We will also do the following: (1) Require use of a new 
roll-off curve to maintain the required 50 dB attenuation at 20 kHz; 
(2) allow placement of the filter ahead of the TIS transmitter in 
addition to current filter placement requirement and; (3) require 
certification only for newly manufactured equipment that implements 
these new rules.

Background

    The Commission established TIS in 1977 in order to ``establish an 
efficient means of communicating certain kinds of information to 
travelers over low power radio transmitters licensed to Local 
Government entities.'' The Commission specifically noted that such 
stations had been used to reduce traffic congestion and to transmit 
``road conditions, travel restrictions, and weather forecasts to 
motorists.'' Further, the Commission anticipated that TIS also would be 
used to ``transmit travel related emergency messages concerning natural 
disasters (e.g., forest fires, floods, etc.), traffic accidents and 
hazards, and related bulletins affecting the immediate welfare of 
citizens.''
    Although the NPRM did not raise the issue of removal of the 
filtering provision of Sec.  90.242(b)(8), numerous commenters 
supported it in the record. The FNPRM thus sought further comment on 
this issue in order to establish a more complete record. The NPRM 
received eleven comments (three from the American Association of 
Information Radio Operators (AAIRO)) and four reply comments (two from 
AAIRO). Because NAB proposed relaxing rather than eliminating this 
requirement in its comments, and AAIRO expressed accord with this 
compromise position in its own comments, the Commission sought further 
comment on this newly raised option in the Filtering PN.

Second Report and Order

    We now consider the record in this proceeding with respect the 
issues of relaxing or eliminating the filtering provision of Sec.  
90.242(b)(8), which requires the filtering of TIS audio frequencies 
above 3 kHz.
    As noted, although the NPRM did not raise the issue, numerous 
commenters argued in the docket for removal of the TIS filtering 
requirement. Commenters contended that this requirement decreases the 
audibility of TIS broadcasts in general, and especially at night and 
over difficult terrain. One commenter in particular, Burden, stated 
that he had conducted: ``An experiment at the site of a TIS facility 
which had a first adjacent [AM broadcast station] audibly present but 
outside of its protected contour. I removed the 3 kHz filter opening 
the transmitted response to that of the 8 kHz program line. The result 
confirmed the intelligibility of the transmitted signal as considerably 
improved with no audible interference presented to the reception of the 
first adjacent.''
    Burden continued that: ``AM broadcast bandwidth specified by the 
NRSC-2 Spectrum Mask adopted by the FCC some time ago to resolve 
interference issues, limits the audio frequency response of AM 
broadcast transmission to 10 kHz. Limiting the bandwidth of TIS 
transmission to the same bandwidth as the NRSC mask should be logical. 
A recent study into acceptable audio bandwidths conducted by NPR Labs 
in an AM-DAB study for the NRSC, concluded that limitations to an audio 
bandwidth less than 7 kHz was not advisable for AM broadcast 
facilities.''
    Because this particular issue was not raised in the NPRM but rather 
was introduced by commenters in the record, the Commission sought 
further comment in the FNPRM on removing the filtering provision, 
asking whether there is any reason this restriction should not be 
removed. All commenters to the FNPRM, save two, supported elimination 
of the filtering requirement. In addition, many commenters, while 
supporting this elimination, opposed a mandate to ``require filter 
removal for existing licensees.'' According to AAIRO, ``if the FCC were 
to mandate that all TIS licensees who wish to remove the filters must 
go through a new type acceptance/recertification, that requirement 
would present an undue financial burden [and t]he imposition of both 
the above requirements would likely cause most TIS Services to cease 
due to expense and logistics.''
    The Society of Broadcast Engineers (SBE) and NAB were the only 
commenters opposing removal of the TIS filtering restrictions. 
According to SBE ``there is a significant potential for increased 
interference from this proposal.'' SBE took particular issue with 
Burden's claim that he ``conducted an experiment removing the `3 kHz 
filter . . . with no audible interference presented to the reception of 
the first adjacent,' '' because ``[t]he commenter's

[[Page 25606]]

anecdotal experiment lacked any demonstration of technical validity or 
proper scientific methodology.''
    SBE also took issue with Burden's claim that `` `limitations to an 
audio bandwidth less than 7 kHz was not advisable for AM broadcast 
facilities' and `it only follows that the audio quality of the 
emergency message needs to be offered with the same intelligibility as 
that from AM radio broadcast facilities' '' because ``[w]hat these 
allegations fail to mention was that all the standards and studies 
cited were relative to AM full power broadcast stations.'' SBE asserts 
that the findings of those studies ``were not intended to be applied to 
TIS stations, which are licensed under very different standards and 
with a different allocation status.''
    SBE further alleged that ``many TIS stations fail to adhere to 
generally accepted modulation standards employed by AM broadcasters. . 
. . SBE members have observed and reported that many TIS stations 
grossly over- or undermodulate their carriers resulting in poor audio 
quality and/or poor listenability. This is a . . . supervening 
contributor to the poor audio quality that they attribute incorrectly 
to the audio filters.'' While NAB shared many of SBE's concerns, it 
also submitted ``that a compromise approach may be workable.'' 
Specifically, NAB stated that ``a filter capable of filtering audio 
frequencies above 5 kHz should allow for a TIS signal of sufficiently 
higher quality, without impeding neighboring AM services.'' NAB noted 
that ``full-power AM radio stations routinely use 5 kHz filters to 
address and prevent interference among AM stations, with few 
significant problems.'' Accordingly, NAB offered ``a proposal to allow 
TIS operators to use a 5 kHz filter, presuming TIS stations broadcast 
only voice content, as required under the Commission's rules.''
    AAIRO responded that it ``can . . . support the compromise proposed 
by the National Association of Broadcasters, . . .'' because ``[t]he 
wider filter bandpass would markedly improve TIS voice transmissions 
and would also protect adjacent broadcasters should a TIS operator 
transmit non-voice material without authorization.'' AAIRO further 
stated that if: A wider bandwidth filter may be substituted in place of 
the present 3-kHz filter . . . the filter [should] be outboard to the 
TIS transmitter and immediately ahead of its audio input. The FCC 
should prescribe the exact formula for the audio filter and require its 
use by all TIS operations--new or existing--whose 3-kHz filters have 
been deactivated. AAIRO suggests the use of the same roll-off curve 
presently used in the 3-kHz filter, as it has proven to be adequate 
during the 30+ years of the TIS service's existence. The use of an 
outboard filter will streamline the timeline to improve the service and 
dramatically lower costs for existing operators who would otherwise be 
required to purchase new transmitters or have their present 
transmitters modified and recertified.''
    Because this compromise proposal was developed in the FNPRM comment 
record, the Bureau released the Filtering PN which not only sought 
comment on the issue of relaxation versus elimination of the TIS 
filtering requirement, but also whether, if the relaxation proposal 
were adopted, (1) revision of the related operational requirements 
would be required; (2) the rules regarding placement of the filter 
could be revised; (3) recertification would be required for such 
changes; and (4) relaxation of the filtering requirement (and the 
associated operational changes) should be mandatory or at the 
licensee's discretion. We address each of these issues, below.

Elimination Versus Relaxation of the TIS Filtering Requirement

    The filtering requirement limits the bandwidth of the TIS signal, 
thereby reducing the risk of interference to the reception of adjacent 
channel AM stations. However, the rule also has the effect of 
distinguishing TIS sonically from other AM stations, so that a motorist 
tuning her radio manually may know intuitively that she has tuned to a 
TIS station. Specifically, TIS stations have smaller audio bandwidth 
due to the 3-kHz filter than AM stations, so the audio fidelity of TIS 
is lower and less intelligible. Based on the record on this filtering 
issue that prompted us to adopt the FNPRM, and the record we have 
developed in response to the FNPRM, we find that the public interest 
benefits of this sonic distinction are minor at best, and that the 
public interest would be better served by allowing TIS to transmit more 
intelligible audio to ensure that motorists receive and understand 
travel-related information.
    The Filtering PN first sought comment on whether the public 
interest was better served by relaxing the filter requirement from 3 
kHz to 5 kHz or eliminating it as proposed in the FNPRM. Burden still 
calls for complete elimination based on his previously discussed 
experiment. All the other responding commenters support or would accept 
relaxation of the filtering requirement, although North Plainfield 
would prefer complete elimination of the requirement.
    The record indicates that relaxation of the filtering requirement 
from 3 kHz to 5 kHz could improve TIS audio quality and intelligibility 
to match that of commercial AM broadcasting, while still minimizing 
adjacent channel interference. Even though Burden's experiment 
purported to demonstrate that a TIS station without a filter caused no 
audible adjacent channel interference to the reception of a first 
adjacent AM station outside its protected contour, we note that it was 
conducted at a single site and contains no information about the call 
signs, coordinates, power levels, or received signal strengths of the 
TIS or AM stations. Therefore, Burden's experiment provides us neither 
a sufficient pool of results nor sufficient data to make a general 
conclusion that there would be no adjacent channel interference 
anywhere were we to entirely remove the TIS filtering requirements. 
Accordingly, in this Report and Order we adopt rules relaxing the 
minimum filtering requirement for TIS transmitters from 3 kHz to 5 kHz. 
We note, however, that licensees may continue to employ the 3-kHz 
requirement at their option.

Revision of Operational Requirements

    The current TIS rule requires that at audio frequencies between 3 
kHz and 20 kHz, the filter ``shall have an attenuation greater than the 
attenuation at 1 kHz by at least: 60 log10(f/3) decibels, where `f' is 
the audio frequency in kHz.'' At audio frequencies above 20 kHz, the 
attenuation shall be at least 50 decibels greater than the attenuation 
at 1 kHz. This produces a roll-off curve that starts at 0 dB 
attenuation for 3 kHz, then increases attenuation to approximately 50 
dB at 20 kHz. In its FNPRM comments, AAIRO suggested that the 
Commission should use ``the same roll-off curve presently used in the 
3-kHz filter'' for a 5-kHz filter. However, if one slides this curve up 
in frequency to have 0 dB attenuation at 5 kHz but maintains the same 
slope, then the curve would attenuate signals only by 36 dB at 20 kHz. 
Accordingly, the Filtering PN sought comment on whether 36 dB 
attenuation at 20 kHz would be sufficient or whether the roll-off curve 
for a 5 kHz audio filter in a TIS system should have 50 dB attenuation 
at 20 kHz, consistent with the existing rule.
    The Filtering PN also noted that a roll-off curve of 83 log10(f/5) 
decibels for frequencies between 5 kHz and 20 kHz would have 0 dB 
attenuation at the 5 kHz starting point, and would achieve

[[Page 25607]]

50 dB attenuation at 20 kHz. However, this is a steeper roll-off curve 
than the formula prescribed in the current rule. Accordingly the 
Filtering PN also sought comment on whether the Commission should 
impose this attenuation if the Commission decides to relax the 
filtering requirement from 3 kHz to 5 kHz. It also sought comment on 
whether affordable audio filters exist in the marketplace that satisfy 
this roll-off curve; whether equipment manufacturers could retrofit 
existing filters or economically design, manufacture, and market such 
filters in the near term; and on the general availability of 5 kHz 
audio filters in the marketplace, the roll-off curves of specific 
models, and whether, alternatively, we should impose one of those roll-
off curves in our rules.
    In its Filtering PN comments, AAIRO states that although it 
``suggested previously that the same 3-kHz filtering formula could be 
employed for a 5-kHz filter for convenience of design . . . if an 
alternate formula would provide superior protection to adjacent 
frequencies, it should be employed.'' NAB too supports the Commission 
requiring the proposed new roll-off curve to achieve the required 
attenuation. No commenter opposed these proposed roll-off requirements 
for use with a 5-kHz filter. Moreover, these roll-off requirements are 
in the public interest because they provide similar interference 
protection to the reception of adjacent channel AM stations as existing 
3 kHz filters based on the same 50 dB attenuation at 20 kHz. AAIRO 
states that ``[s]tand-alone filters that comply with new rules for the 
TIS service can be built by TIS transmitter manufacturers, some of whom 
have already committed to stand-alone filter manufacture and to making 
those filters available to the market when new filtering rules are 
issued. The cost to manufacture a passive stand-alone filter is 
nominal.'' We are persuaded that 5 kHz filters will be available for 
TIS at reasonable cost. Accordingly, we adopt these new operational 
requirements for 5 kHz filters in TIS systems.

Revision of the Filter Placement Requirements

    The current rule requires that ``[e]ach transmitter in a Travelers 
Information Station shall be equipped with an audio low-pass filter 
[that] shall be installed between the modulation limiter and the 
modulated stage.'' However, as noted, in response to the FNPRM, AAIRO 
suggested that ``the [replacement] filter [should] be outboard to the 
TIS transmitter and immediately ahead of its audio input.'' AAIRO 
further noted that ``[t]he use of an outboard filter will streamline 
the timeline to improve the service and dramatically lower costs for 
existing operators who would otherwise be required to purchase new 
transmitters or have their present transmitters modified and 
recertified.'' Accordingly, the Filtering PN sought comment on the 
feasibility of AAIRO's suggestion and whether to require such 
configuration in our rules in the event the Commission were to relax 
the filtering requirement.
    In its Filtering PN comments, AAIRO reiterates that the ``least 
burdensome way for a willing licensee to make a filter change is to 
merely `turn off' the existing 3-kHz TIS filter in the transmitter 
(which can be done by merely removing a single jumper on a circuit 
board) and to add a stand-alone 5-kHz filter ahead of the transmitter 
in the audio chain.'' NAB states that the filter should still be 
installed between the modulation limiter and the modulated stage as 
required by the current rule. However, NAB also states that it could 
accept an alternative: audio processors that incorporate what it refers 
to as 5 kHz ``brick wall'' filtering, so long as those processors are 
commonly accepted and approved for the commercial AM broadcast service.
    The current filter placement is at the last stage in the audio 
chain before modulation of the signal to radio frequencies (RF). The 
filter placement required in the rule ensures that any signal 
distortion introduced by the modulation limiter does not effectively 
increase the bandwidth of the audio signal before the modulation to RF. 
Based on AAIRO's description of the filter placement, the filter is 
integrated onto a circuit board and cannot be replaced by a user. 
Placing a 5 kHz filter between the modulation limiter and the modulated 
stage, as NAB requests, would effectively require a circuit board 
replacement, which is essentially the whole TIS transmitter system. 
However, NAB's alternative suggestion, an audio processor, would 
replace the modulation limiter and audio filter and thus would also 
require a circuit board replacement. The cost for TIS operators to 
replace a typical TIS transmitter would be $18-23,000 for equipment and 
installation. While either of NAB's proposals would reduce slightly the 
likelihood of harmful interference from TIS operations to broadcast 
stations in the AM band relative to an outboard filter, neither slight 
improvement would be significant enough to warrant the associated costs 
that would be imposed on TIS operators. Modulation limiters may have 
the potential to introduce some distortion into the signal after the 
signal has passed through an outboard 5 kHz filter, but given that the 
Commission will have certified all TIS transmitter models on the market 
for proper operation; that the 5-kHz filter we prescribe has a steeper 
roll-off curve than current 3-kHz filters, and that AM radio limits the 
upper modulating frequency to 5 kHz, we believe this likely to be of 
only minimal concern.
    We revise our TIS rules to allow for a placement of the audio 
filter either ahead of the transmitter or between the modulation 
limiter and the modulated stage. This allows for either an outboard 
filter ahead of the transmitter circuit board before the board's 
modulation limiter, or a filter integrated into the transmitter circuit 
board in the present position after the modulation limiter. We expect 
our action will lead to improved audio quality at reasonable cost for 
TIS operators who wish to take advantage of the new rules and will not 
increase the potential for harmful interference. We therefore revise 
our rules to permit TIS operators to retrofit TIS equipment equipped 
with 3 kHz filters by placing the outboard 5 kHz audio filter at the 
transmitter audio input, and deactivate the 3 kHz filter, as AAIRO 
recommends. Similarly, we will allow manufacturers to manufacture, 
market, and sell already certified TIS systems that have been 
retrofitted accordingly. Alternatively, manufacturers may design new 
TIS systems where the 5 kHz audio filter is at the current placement 
between the modulation limiter and the modulated stage, or a system 
equipped with an audio processor that performs the filtering with the 
prescribed roll-off performance. However, to avoid imposing burdens on 
manufacturers, we do not require any redesigns of TIS equipment. We 
realize that interested manufacturers may choose the first option out 
of cost considerations, as AAIRO observed in its comments to the 
Filtering PN. We discuss the FCC equipment certification of these 
permutations below.

Certification

    Many FNPRM commenters who supported elimination of the filtering 
requirement also requested that no recertification requirement 
accompany such change. The Filtering PN sought comment on whether audio 
filter elimination/replacement and AAIRO's foregoing suggestion 
regarding filter placement would either: (1) Constitute a change to TIS 
transmitters that requires recertification; (2) constitute a permissive 
change in certificated equipment that does not require recertification; 
or (3) be exempt from the

[[Page 25608]]

Commission's equipment authorization rules.
    No commenter spoke to the question of whether any of the foregoing 
changes, i.e., raising the minimum frequency for filtering a TIS 
transmitter from 3 to 5 kHz, the modification of the roll-off curve, 
and replacing the filter, would thereafter require recertification of 
the equipment under the Commission's rules. A retrofit to already 
certified equipment, i.e., the addition of an outboard 5 kHz filter at 
the audio input of equipment with ``deactivated'' 3 kHz filters, will 
require a Class II permissive change under Sec.  2.1043(b)(2) of the 
Commission's rules, because the performance characteristics will be 
degraded from the time of the initial certification but will still meet 
the minimum requirements of the applicable rules. In this instance, 
manufacturers should file a Class II permissive change request with the 
Commission for each TIS model they seek to have retrofitted, and each 
permissive change filing should include a list of filters, if more than 
one to be approved with the system, and clear and concise instructions 
for TIS operators to perform the retrofit themselves. Grantees should 
make such instructions available to their customers and other 
interested TIS operators. Licensees interested in retrofitting existing 
equipment with 5 kHz filters must verify that their equipment model has 
received a Class II permissive change grant from the Commission and 
only use approved filters for the system. Then, such licensees may 
retrofit the equipment per the manufacturer's instructions without 
further Commission authorization. Alternatively, if manufacturers 
design new TIS transmitters that contain 5 kHz audio filters between 
the modulation limiter and the modulated stage, that is, integrated 
into the circuit board, this will require a new Commission 
certification because this would effectively require a new design, 
which is essentially a whole new TIS transmitter system. Absent a 
dedicated 5 kHz filter, use of an audio processor to perform the 5 kHz 
filtering, including a digital audio player as AAIRO mentions, will 
require Commission certification to operate under Sec.  90.242 to 
ensure that their output--independent of the input frequency content--
satisfies the prescribed roll-off requirements.

Mandatory Nature of Change to Filtering Requirement

    The Filtering PN also sought comment on whether, if the Commission 
either relaxes or eliminates the TIS filtering requirement, it should 
also require existing licensees to comply with the relaxed filtering 
parameters. According to AAIRO, the only commenter on this issue, the 
``change to new filtering requirements should be made optional to 
individual licensees rather than being mandated. Certainly, none are 
harmed, if a licensee determines that s/he will retain the present 3-
kHz filter. Mandating the change for all current TIS operators would 
present a significant financial burden to governmental entities.'' We 
find AAIRO's arguments persuasive on this issue. Accordingly, we find 
that there is in fact no reason to mandate that all TIS licensees 
replace their 3 kHz filter since, if a licensee does not choose to 
relax its own TIS transmitter filtering parameters, there would be no 
change from the present, more stringent TIS filtering requirements. 
Manufacturers may also continue to manufacture, market, and sell 
already certified TIS systems, which have the 3 kHz filters 
``activated,'' as these systems are in compliance with both the 
existing filtering rule and the more relaxed rule we adopt today.

Music Content

    Finally, SBE provided anecdotal reports of musical content over TIS 
and contends that ``[w]hile most voice content is below 3 KHz, music 
expands that bandwidth.'' However, AAIRO asserts that ``[n]one of 
AAIRO's nearly 400 members `broadcast musical content.' '' NAB argues 
that music's wider bandwidth ``may not be adequately filtered by a 5 
kHz filter and could cause harmful interference to neighboring AM radio 
services,'' and ``reiterate[s] that relaxing the TIS filtering 
requirement must be contingent on TIS stations' strict compliance with 
47 CFR 90.242(a)(7).'' While we cannot take enforcement action at this 
time based on the limited evidence before us, we take this opportunity 
to remind licensees that only voice content is permitted per Sec.  
90.242(a)(7) of our rules, and that music content of any kind is not 
permitted.

Procedural Matters

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, see 5 U.S.C. 
603, the Commission has prepared a Final Regulatory Flexibility 
Analysis (FRFA) of the possible significant economic impact on small 
entities of the policies and rules addressed in this document. The FRFA 
is set forth in Appendix C of the Second Report and Order. The 
Commission's Consumer and Governmental Affairs Bureau, Reference 
Information Center, will send a copy of the Second Report and Order, 
including this FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA). See 5 U.S.C. 603(a).

Paperwork Reduction Act Analysis

    This Second Report and Order does not contain new or modified 
information collection requirements 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, Pub. L. 107-198, see 44 U.S.C. 
3506(c)(4).

Ordering Clauses

    Accordingly, it is ordered that pursuant to sections 4(i) and 303 
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 
303, that this Second Report and Order is adopted.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    It is further ordered that the Commission shall send a copy of this 
Second Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 90

    Communications equipment; Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    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), and 332(c)(7).


0
2. Section 90.242 is amended by revising paragraph (b)(8) to read as 
follows:


Sec.  90.242  Travelers' information stations.

* * * * *

[[Page 25609]]

    (b) * * *
    (8) Each transmitter in a Travelers' Information Station shall be 
equipped with an audio low-pass filter. Such filter shall be installed 
either at the transmitter's audio input or between the modulation 
limiter and the modulated stage. At audio frequencies between 5 kHz and 
20 kHz this filter shall have an attenuation greater than the 
attenuation at 1 kHz by at least:

83 log10 (f/5) decibels.
where ``f'' is the audio frequency in kHz. At audio frequencies above 
20 kHz, the attenuation shall be at least 50 decibels greater than the 
attenuation at 1 kHz.
* * * * *
[FR Doc. 2015-10471 Filed 5-4-15; 8:45 am]
 BILLING CODE 6712-01-P
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations 25605

current TIS rule requires the filtering of requirement could improve TIS audio contended that this requirement
audio frequencies transmitted over TIS. quality to match that of AM broadcast decreases the audibility of TIS
Specifically, the Commission relaxes the stations, while still retaining a sufficient broadcasts in general, and especially at
rule to require the filtering of audio filtering requirement to minimize night and over difficult terrain. One
frequencies above 5 kHz instead of 3 adjacent channel interference. commenter in particular, Burden, stated
kHz. This rule change will enable TIS Accordingly, in this proceeding we that he had conducted: ‘‘An experiment
operators to improve the audio quality adopt a Second Report and Order that at the site of a TIS facility which had a
and intelligibility of TIS broadcasts, maintains a filtering requirement but first adjacent [AM broadcast station]
thus improving their ability to relaxes it from 3 kHz to 5 kHz. We will audibly present but outside of its
communicate clearly with the traveling also do the following: (1) Require use of protected contour. I removed the 3 kHz
public. a new roll-off curve to maintain the filter opening the transmitted response
DATES: Effective June 4, 2015. required 50 dB attenuation at 20 kHz; to that of the 8 kHz program line. The
FOR FURTHER INFORMATION CONTACT: (2) allow placement of the filter ahead result confirmed the intelligibility of the
Thomas Eng, Policy and Licensing of the TIS transmitter in addition to transmitted signal as considerably
Division, Public Safety and Homeland current filter placement requirement improved with no audible interference
Security Bureau, Federal and; (3) require certification only for presented to the reception of the first
Communications Commission, 445 12th newly manufactured equipment that adjacent.’’
implements these new rules. Burden continued that: ‘‘AM
Street SW., Washington, DC 20554, at
broadcast bandwidth specified by the
(202) 418–0019, TTY (202) 418–7233, or Background NRSC–2 Spectrum Mask adopted by the
via email at Thomas.Eng@fcc.gov. The Commission established TIS in FCC some time ago to resolve
SUPPLEMENTARY INFORMATION: This is a 1977 in order to ‘‘establish an efficient interference issues, limits the audio
summary of the Commission’s Second means of communicating certain kinds frequency response of AM broadcast
Report and Order in PS Docket No. 09– of information to travelers over low transmission to 10 kHz. Limiting the
19; RM–11514 and RM–11531; adopted power radio transmitters licensed to bandwidth of TIS transmission to the
March 25, 2015 and released on March Local Government entities.’’ The same bandwidth as the NRSC mask
26, 2015. The complete text of this Commission specifically noted that such should be logical. A recent study into
document is available for inspection stations had been used to reduce traffic acceptable audio bandwidths conducted
and copying during normal business congestion and to transmit ‘‘road by NPR Labs in an AM–DAB study for
hours in the FCC Reference Information conditions, travel restrictions, and the NRSC, concluded that limitations to
Center, Portals II, 445 12th Street SW., weather forecasts to motorists.’’ Further, an audio bandwidth less than 7 kHz was
Room CY–A257, Washington, DC 20554. the Commission anticipated that TIS not advisable for AM broadcast
Alternative formats (computer diskette, also would be used to ‘‘transmit travel facilities.’’
large print, audio cassette, and Braille) related emergency messages concerning Because this particular issue was not
are available to persons with disabilities natural disasters (e.g., forest fires, raised in the NPRM but rather was
or by sending an email to FCC504@ floods, etc.), traffic accidents and introduced by commenters in the
fcc.gov or calling the Consumer and hazards, and related bulletins affecting record, the Commission sought further
Governmental Affairs Bureau at (202) the immediate welfare of citizens.’’ comment in the FNPRM on removing
418–0530, TTY (202) 418–0432. This Although the NPRM did not raise the the filtering provision, asking whether
document is also available on the issue of removal of the filtering there is any reason this restriction
Commission’s Web site at http:// provision of § 90.242(b)(8), numerous should not be removed. All commenters
www.fcc.gov. commenters supported it in the record. to the FNPRM, save two, supported
Introduction The FNPRM thus sought further elimination of the filtering requirement.
comment on this issue in order to In addition, many commenters, while
Commission rules authorize Public establish a more complete record. The supporting this elimination, opposed a
Safety Pool-eligible entities to use NPRM received eleven comments (three mandate to ‘‘require filter removal for
Travelers’ Information Stations (TIS) to from the American Association of existing licensees.’’ According to
transmit noncommercial, travel-related Information Radio Operators (AAIRO)) AAIRO, ‘‘if the FCC were to mandate
information over AM band frequencies and four reply comments (two from that all TIS licensees who wish to
to motorists on a localized basis. AAIRO). Because NAB proposed remove the filters must go through a
§ 90.242(b)(8) of the Commission’s rules relaxing rather than eliminating this new type acceptance/recertification,
requires the filtering of audio requirement in its comments, and that requirement would present an
frequencies between 3 and 20 kHz. AAIRO expressed accord with this undue financial burden [and t]he
Based on a comment record indicating compromise position in its own imposition of both the above
that this filtering decreases the comments, the Commission sought requirements would likely cause most
audibility of TIS broadcasts in general, further comment on this newly raised TIS Services to cease due to expense
and especially at night and over difficult option in the Filtering PN. and logistics.’’
terrain, the Commission adopted a The Society of Broadcast Engineers
Further Notice of Proposed Rulemaking Second Report and Order (SBE) and NAB were the only
(FNPRM) concurrently with the Report We now consider the record in this commenters opposing removal of the
and Order proposing elimination of the proceeding with respect the issues of TIS filtering restrictions. According to
TIS filtering requirement. In comments relaxing or eliminating the filtering SBE ‘‘there is a significant potential for
rljohnson on DSK3VPTVN1PROD with RULES

to the FNPRM, the National Association provision of § 90.242(b)(8), which increased interference from this
of Broadcasters (NAB) proposed requires the filtering of TIS audio proposal.’’ SBE took particular issue
relaxing, but not eliminating, the frequencies above 3 kHz. with Burden’s claim that he ‘‘conducted
filtering requirement from 3 kHz to 5 As noted, although the NPRM did not an experiment removing the ‘3 kHz filter
kHz. The Commission sought comment raise the issue, numerous commenters . . . with no audible interference
on this proposal. The subsequent record argued in the docket for removal of the presented to the reception of the first
indicates that a relaxed filtering TIS filtering requirement. Commenters adjacent,’ ’’ because ‘‘[t]he commenter’s

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anecdotal experiment lacked any the use of the same roll-off curve would prefer complete elimination of
demonstration of technical validity or presently used in the 3-kHz filter, as it the requirement.
proper scientific methodology.’’ has proven to be adequate during the The record indicates that relaxation of
SBE also took issue with Burden’s 30+ years of the TIS service’s existence. the filtering requirement from 3 kHz to
claim that ‘‘ ‘limitations to an audio The use of an outboard filter will 5 kHz could improve TIS audio quality
bandwidth less than 7 kHz was not streamline the timeline to improve the and intelligibility to match that of
advisable for AM broadcast facilities’ service and dramatically lower costs for commercial AM broadcasting, while
and ‘it only follows that the audio existing operators who would otherwise still minimizing adjacent channel
quality of the emergency message needs be required to purchase new interference. Even though Burden’s
to be offered with the same transmitters or have their present experiment purported to demonstrate
intelligibility as that from AM radio transmitters modified and recertified.’’ that a TIS station without a filter caused
broadcast facilities’ ’’ because ‘‘[w]hat Because this compromise proposal no audible adjacent channel
these allegations fail to mention was was developed in the FNPRM comment interference to the reception of a first
that all the standards and studies cited record, the Bureau released the Filtering adjacent AM station outside its
were relative to AM full power PN which not only sought comment on protected contour, we note that it was
broadcast stations.’’ SBE asserts that the the issue of relaxation versus conducted at a single site and contains
findings of those studies ‘‘were not elimination of the TIS filtering no information about the call signs,
intended to be applied to TIS stations, requirement, but also whether, if the coordinates, power levels, or received
which are licensed under very different relaxation proposal were adopted, (1) signal strengths of the TIS or AM
standards and with a different allocation revision of the related operational stations. Therefore, Burden’s
status.’’ requirements would be required; (2) the experiment provides us neither a
SBE further alleged that ‘‘many TIS rules regarding placement of the filter sufficient pool of results nor sufficient
stations fail to adhere to generally data to make a general conclusion that
could be revised; (3) recertification
accepted modulation standards there would be no adjacent channel
would be required for such changes; and
employed by AM broadcasters. . . . SBE interference anywhere were we to
(4) relaxation of the filtering
members have observed and reported entirely remove the TIS filtering
requirement (and the associated
that many TIS stations grossly over- or requirements. Accordingly, in this
operational changes) should be
undermodulate their carriers resulting Report and Order we adopt rules
mandatory or at the licensee’s
in poor audio quality and/or poor relaxing the minimum filtering
discretion. We address each of these
listenability. This is a . . . supervening requirement for TIS transmitters from 3
issues, below.
contributor to the poor audio quality kHz to 5 kHz. We note, however, that
that they attribute incorrectly to the Elimination Versus Relaxation of the licensees may continue to employ the 3-
audio filters.’’ While NAB shared many TIS Filtering Requirement kHz requirement at their option.
of SBE’s concerns, it also submitted
‘‘that a compromise approach may be The filtering requirement limits the Revision of Operational Requirements
workable.’’ Specifically, NAB stated that bandwidth of the TIS signal, thereby The current TIS rule requires that at
‘‘a filter capable of filtering audio reducing the risk of interference to the audio frequencies between 3 kHz and 20
frequencies above 5 kHz should allow reception of adjacent channel AM kHz, the filter ‘‘shall have an
for a TIS signal of sufficiently higher stations. However, the rule also has the attenuation greater than the attenuation
quality, without impeding neighboring effect of distinguishing TIS sonically at 1 kHz by at least: 60 log10(f/3)
AM services.’’ NAB noted that ‘‘full- from other AM stations, so that a decibels, where ‘f’ is the audio
power AM radio stations routinely use motorist tuning her radio manually may frequency in kHz.’’ At audio frequencies
5 kHz filters to address and prevent know intuitively that she has tuned to above 20 kHz, the attenuation shall be
interference among AM stations, with a TIS station. Specifically, TIS stations at least 50 decibels greater than the
few significant problems.’’ Accordingly, have smaller audio bandwidth due to attenuation at 1 kHz. This produces a
NAB offered ‘‘a proposal to allow TIS the 3-kHz filter than AM stations, so the roll-off curve that starts at 0 dB
operators to use a 5 kHz filter, audio fidelity of TIS is lower and less attenuation for 3 kHz, then increases
presuming TIS stations broadcast only intelligible. Based on the record on this attenuation to approximately 50 dB at
voice content, as required under the filtering issue that prompted us to adopt 20 kHz. In its FNPRM comments,
Commission’s rules.’’ the FNPRM, and the record we have AAIRO suggested that the Commission
AAIRO responded that it ‘‘can . . . developed in response to the FNPRM, should use ‘‘the same roll-off curve
support the compromise proposed by we find that the public interest benefits presently used in the 3-kHz filter’’ for a
the National Association of of this sonic distinction are minor at 5-kHz filter. However, if one slides this
Broadcasters, . . .’’ because ‘‘[t]he wider best, and that the public interest would curve up in frequency to have 0 dB
filter bandpass would markedly be better served by allowing TIS to attenuation at 5 kHz but maintains the
improve TIS voice transmissions and transmit more intelligible audio to same slope, then the curve would
would also protect adjacent broadcasters ensure that motorists receive and attenuate signals only by 36 dB at 20
should a TIS operator transmit non- understand travel-related information. kHz. Accordingly, the Filtering PN
voice material without authorization.’’ The Filtering PN first sought comment sought comment on whether 36 dB
AAIRO further stated that if: A wider on whether the public interest was attenuation at 20 kHz would be
bandwidth filter may be substituted in better served by relaxing the filter sufficient or whether the roll-off curve
place of the present 3-kHz filter . . . the requirement from 3 kHz to 5 kHz or for a 5 kHz audio filter in a TIS system
rljohnson on DSK3VPTVN1PROD with RULES

filter [should] be outboard to the TIS eliminating it as proposed in the should have 50 dB attenuation at 20
transmitter and immediately ahead of its FNPRM. Burden still calls for complete kHz, consistent with the existing rule.
audio input. The FCC should prescribe elimination based on his previously The Filtering PN also noted that a roll-
the exact formula for the audio filter and discussed experiment. All the other off curve of 83 log10(f/5) decibels for
require its use by all TIS operations— responding commenters support or frequencies between 5 kHz and 20 kHz
new or existing—whose 3-kHz filters would accept relaxation of the filtering would have 0 dB attenuation at the 5
have been deactivated. AAIRO suggests requirement, although North Plainfield kHz starting point, and would achieve

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50 dB attenuation at 20 kHz. However, ‘‘[t]he use of an outboard filter will signal has passed through an outboard
this is a steeper roll-off curve than the streamline the timeline to improve the 5 kHz filter, but given that the
formula prescribed in the current rule. service and dramatically lower costs for Commission will have certified all TIS
Accordingly the Filtering PN also sought existing operators who would otherwise transmitter models on the market for
comment on whether the Commission be required to purchase new proper operation; that the 5-kHz filter
should impose this attenuation if the transmitters or have their present we prescribe has a steeper roll-off curve
Commission decides to relax the transmitters modified and recertified.’’ than current 3-kHz filters, and that AM
filtering requirement from 3 kHz to 5 Accordingly, the Filtering PN sought radio limits the upper modulating
kHz. It also sought comment on whether comment on the feasibility of AAIRO’s frequency to 5 kHz, we believe this
affordable audio filters exist in the suggestion and whether to require such likely to be of only minimal concern.
marketplace that satisfy this roll-off configuration in our rules in the event We revise our TIS rules to allow for
curve; whether equipment the Commission were to relax the a placement of the audio filter either
manufacturers could retrofit existing filtering requirement. ahead of the transmitter or between the
filters or economically design, In its Filtering PN comments, AAIRO modulation limiter and the modulated
manufacture, and market such filters in reiterates that the ‘‘least burdensome stage. This allows for either an outboard
the near term; and on the general way for a willing licensee to make a filter ahead of the transmitter circuit
availability of 5 kHz audio filters in the filter change is to merely ‘turn off’ the board before the board’s modulation
marketplace, the roll-off curves of existing 3-kHz TIS filter in the limiter, or a filter integrated into the
specific models, and whether, transmitter (which can be done by transmitter circuit board in the present
alternatively, we should impose one of merely removing a single jumper on a position after the modulation limiter.
those roll-off curves in our rules. circuit board) and to add a stand-alone We expect our action will lead to
In its Filtering PN comments, AAIRO 5-kHz filter ahead of the transmitter in improved audio quality at reasonable
states that although it ‘‘suggested the audio chain.’’ NAB states that the cost for TIS operators who wish to take
previously that the same 3-kHz filtering filter should still be installed between advantage of the new rules and will not
formula could be employed for a 5-kHz the modulation limiter and the increase the potential for harmful
filter for convenience of design . . . if modulated stage as required by the interference. We therefore revise our
an alternate formula would provide current rule. However, NAB also states rules to permit TIS operators to retrofit
superior protection to adjacent that it could accept an alternative: audio TIS equipment equipped with 3 kHz
frequencies, it should be employed.’’ processors that incorporate what it filters by placing the outboard 5 kHz
NAB too supports the Commission refers to as 5 kHz ‘‘brick wall’’ filtering, audio filter at the transmitter audio
requiring the proposed new roll-off so long as those processors are input, and deactivate the 3 kHz filter, as
curve to achieve the required commonly accepted and approved for AAIRO recommends. Similarly, we will
attenuation. No commenter opposed the commercial AM broadcast service. allow manufacturers to manufacture,
these proposed roll-off requirements for The current filter placement is at the market, and sell already certified TIS
use with a 5-kHz filter. Moreover, these last stage in the audio chain before systems that have been retrofitted
roll-off requirements are in the public modulation of the signal to radio accordingly. Alternatively,
interest because they provide similar frequencies (RF). The filter placement manufacturers may design new TIS
interference protection to the reception required in the rule ensures that any systems where the 5 kHz audio filter is
of adjacent channel AM stations as signal distortion introduced by the at the current placement between the
existing 3 kHz filters based on the same modulation limiter does not effectively modulation limiter and the modulated
50 dB attenuation at 20 kHz. AAIRO increase the bandwidth of the audio stage, or a system equipped with an
states that ‘‘[s]tand-alone filters that signal before the modulation to RF. audio processor that performs the
comply with new rules for the TIS Based on AAIRO’s description of the filtering with the prescribed roll-off
service can be built by TIS transmitter filter placement, the filter is integrated performance. However, to avoid
manufacturers, some of whom have onto a circuit board and cannot be imposing burdens on manufacturers, we
already committed to stand-alone filter replaced by a user. Placing a 5 kHz filter do not require any redesigns of TIS
manufacture and to making those filters between the modulation limiter and the equipment. We realize that interested
available to the market when new modulated stage, as NAB requests, manufacturers may choose the first
filtering rules are issued. The cost to would effectively require a circuit board option out of cost considerations, as
manufacture a passive stand-alone filter replacement, which is essentially the AAIRO observed in its comments to the
is nominal.’’ We are persuaded that 5 whole TIS transmitter system. However, Filtering PN. We discuss the FCC
kHz filters will be available for TIS at NAB’s alternative suggestion, an audio equipment certification of these
reasonable cost. Accordingly, we adopt processor, would replace the permutations below.
these new operational requirements for modulation limiter and audio filter and
thus would also require a circuit board Certification
5 kHz filters in TIS systems.
replacement. The cost for TIS operators Many FNPRM commenters who
Revision of the Filter Placement to replace a typical TIS transmitter supported elimination of the filtering
Requirements would be $18–23,000 for equipment and requirement also requested that no
The current rule requires that ‘‘[e]ach installation. While either of NAB’s recertification requirement accompany
transmitter in a Travelers Information proposals would reduce slightly the such change. The Filtering PN sought
Station shall be equipped with an audio likelihood of harmful interference from comment on whether audio filter
low-pass filter [that] shall be installed TIS operations to broadcast stations in elimination/replacement and AAIRO’s
rljohnson on DSK3VPTVN1PROD with RULES

between the modulation limiter and the the AM band relative to an outboard foregoing suggestion regarding filter
modulated stage.’’ However, as noted, in filter, neither slight improvement would placement would either: (1) Constitute a
response to the FNPRM, AAIRO be significant enough to warrant the change to TIS transmitters that requires
suggested that ‘‘the [replacement] filter associated costs that would be imposed recertification; (2) constitute a
[should] be outboard to the TIS on TIS operators. Modulation limiters permissive change in certificated
transmitter and immediately ahead of its may have the potential to introduce equipment that does not require
audio input.’’ AAIRO further noted that some distortion into the signal after the recertification; or (3) be exempt from the

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25608 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations

Commission’s equipment authorization existing licensees to comply with the the Second Report and Order, including
rules. relaxed filtering parameters. According this FRFA, to the Chief Counsel for
No commenter spoke to the question to AAIRO, the only commenter on this Advocacy of the Small Business
of whether any of the foregoing changes, issue, the ‘‘change to new filtering Administration (SBA). See 5 U.S.C.
i.e., raising the minimum frequency for requirements should be made optional 603(a).
filtering a TIS transmitter from 3 to 5 to individual licensees rather than being
kHz, the modification of the roll-off Paperwork Reduction Act Analysis
mandated. Certainly, none are harmed,
curve, and replacing the filter, would if a licensee determines that s/he will This Second Report and Order does
thereafter require recertification of the retain the present 3-kHz filter. not contain new or modified
equipment under the Commission’s Mandating the change for all current TIS information collection requirements
rules. A retrofit to already certified operators would present a significant subject to the Paperwork Reduction Act
equipment, i.e., the addition of an financial burden to governmental of 1995 (PRA), Public Law 104–13. In
outboard 5 kHz filter at the audio input entities.’’ We find AAIRO’s arguments addition, therefore, it does not contain
of equipment with ‘‘deactivated’’ 3 kHz persuasive on this issue. Accordingly, any new or modified information
filters, will require a Class II permissive we find that there is in fact no reason collection burden for small business
change under § 2.1043(b)(2) of the to mandate that all TIS licensees replace concerns with fewer than 25 employees,
Commission’s rules, because the their 3 kHz filter since, if a licensee does pursuant to the Small Business
performance characteristics will be not choose to relax its own TIS Paperwork Relief Act of 2002, Pub. L.
degraded from the time of the initial transmitter filtering parameters, there 107–198, see 44 U.S.C. 3506(c)(4).
certification but will still meet the would be no change from the present, Ordering Clauses
minimum requirements of the more stringent TIS filtering
applicable rules. In this instance, Accordingly, it is ordered that
requirements. Manufacturers may also pursuant to sections 4(i) and 303 of the
manufacturers should file a Class II continue to manufacture, market, and
permissive change request with the Communications Act of 1934, as
sell already certified TIS systems, which amended, 47 U.S.C. 154(i) and 303, that
Commission for each TIS model they have the 3 kHz filters ‘‘activated,’’ as
seek to have retrofitted, and each this Second Report and Order is
these systems are in compliance with adopted.
permissive change filing should include both the existing filtering rule and the
a list of filters, if more than one to be It is further ordered that the
more relaxed rule we adopt today. Commission’s Consumer and
approved with the system, and clear and
concise instructions for TIS operators to Music Content Governmental Affairs Bureau, Reference
perform the retrofit themselves. Information Center, shall send a copy of
Finally, SBE provided anecdotal this Second Report and Order,
Grantees should make such instructions reports of musical content over TIS and
available to their customers and other including the Final Regulatory
contends that ‘‘[w]hile most voice Flexibility Analysis, to the Chief
interested TIS operators. Licensees content is below 3 KHz, music expands
interested in retrofitting existing Counsel for Advocacy of the Small
that bandwidth.’’ However, AAIRO Business Administration.
equipment with 5 kHz filters must asserts that ‘‘[n]one of AAIRO’s nearly
verify that their equipment model has It is further ordered that the
400 members ‘broadcast musical Commission shall send a copy of this
received a Class II permissive change content.’ ’’ NAB argues that music’s
grant from the Commission and only use Second Report and Order in a report to
wider bandwidth ‘‘may not be be sent to Congress and the General
approved filters for the system. Then, adequately filtered by a 5 kHz filter and
such licensees may retrofit the Accounting Office pursuant to the
could cause harmful interference to Congressional Review Act, see 5 U.S.C.
equipment per the manufacturer’s neighboring AM radio services,’’ and
instructions without further 801(a)(1)(A).
‘‘reiterate[s] that relaxing the TIS
Commission authorization. filtering requirement must be contingent List of Subjects in 47 CFR Part 90
Alternatively, if manufacturers design on TIS stations’ strict compliance with Communications equipment; Radio.
new TIS transmitters that contain 5 kHz 47 CFR 90.242(a)(7).’’ While we cannot
audio filters between the modulation Federal Communications Commission.
take enforcement action at this time
limiter and the modulated stage, that is, Marlene H. Dortch,
based on the limited evidence before us,
integrated into the circuit board, this we take this opportunity to remind
Secretary.
will require a new Commission licensees that only voice content is For the reasons discussed in the
certification because this would permitted per § 90.242(a)(7) of our rules, preamble, the Federal Communications
effectively require a new design, which and that music content of any kind is Commission amends 47 CFR part 90 as
is essentially a whole new TIS not permitted. follows:
transmitter system. Absent a dedicated
5 kHz filter, use of an audio processor Procedural Matters PART 90—PRIVATE LAND MOBILE
to perform the 5 kHz filtering, including Regulatory Flexibility Analysis RADIO SERVICES
a digital audio player as AAIRO
mentions, will require Commission As required by the Regulatory ■ 1. The authority citation for part 90
certification to operate under § 90.242 to Flexibility Act of 1980, see 5 U.S.C. 603, continues to read as follows:
ensure that their output—independent the Commission has prepared a Final Authority: Sections 4(i), 11, 303(g), 303(r),
of the input frequency content—satisfies Regulatory Flexibility Analysis (FRFA) and 332(c)(7) of the Communications Act of
the prescribed roll-off requirements. of the possible significant economic 1934, as amended, 47 U.S.C. 154(i), 161,
rljohnson on DSK3VPTVN1PROD with RULES

impact on small entities of the policies 303(g), 303(r), and 332(c)(7).
Mandatory Nature of Change to and rules addressed in this document.
Filtering Requirement ■ 2. Section 90.242 is amended by
The FRFA is set forth in Appendix C of revising paragraph (b)(8) to read as
The Filtering PN also sought comment the Second Report and Order. The follows:
on whether, if the Commission either Commission’s Consumer and
relaxes or eliminates the TIS filtering Governmental Affairs Bureau, Reference § 90.242 Travelers’ information stations.
requirement, it should also require Information Center, will send a copy of * * * * *

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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations 25609

(b) * * * 2007 EA, RIR, and FRFA for South to 15 percent of a contracting party’s
(8) Each transmitter in a Travelers’ Atlantic swordfish; and the 2006 baseline quota. Therefore, the United
Information Station shall be equipped Consolidated Atlantic Highly Migratory States may carry over a maximum of
with an audio low-pass filter. Such filter Species (HMS) Fishery Management 440.6 mt dw (585.9 mt ww) of
shall be installed either at the Plan (FMP) and associated documents— underharvest from 2014 to 2015. This
transmitter’s audio input or between the are available from the HMS final rule adjusts the U.S. baseline quota
modulation limiter and the modulated Management Division Web site at for the 2015 fishing year to account for
stage. At audio frequencies between 5 http://www.nmfs.noaa.gov/sfa/hms/ or the annual quota transfer to Mauritania
kHz and 20 kHz this filter shall have an by contacting Andrew Rubin by phone and the 2014 underharvest.
attenuation greater than the attenuation at 301–427–8503 or Steve Durkee by The 2015 North Atlantic swordfish
at 1 kHz by at least: phone at 202–670–6637. baseline quota is 2,937.6 mt dw (3,907
83 log10 (f/5) decibels. FOR FURTHER INFORMATION CONTACT:
mt ww). The preliminary estimate of
where ‘‘f’’ is the audio frequency in kHz. Andrew Rubin by phone at 301–427– North Atlantic swordfish underharvest
At audio frequencies above 20 kHz, 8503, Steve Durkee by phone at 202– for 2014 is 2,395.6 mt dw (3,186.1 mt
the attenuation shall be at least 50 670–6637. ww). Even without including an
decibels greater than the estimate of dead discards, the estimated
SUPPLEMENTARY INFORMATION: underharvest is larger than the
attenuation at 1 kHz.
Background maximum carryover cap (440.6 mt dw
* * * * * or 585.9 mt ww). Therefore, as
[FR Doc. 2015–10471 Filed 5–4–15; 8:45 am] The U.S. Atlantic swordfish fishery is proposed, NMFS is carrying forward
BILLING CODE 6712–01–P managed under the 2006 Consolidated 440.6 mt dw, the maximum carryover
HMS FMP. Implementing regulations at allowed per Recommendation 13–02.
50 CFR part 635 are issued under the Additionally, this final rule reduces the
DEPARTMENT OF COMMERCE authority of the Magnuson-Stevens Act, 2,937.6 mt dw baseline quota by the
16 U.S.C. 1801 et seq., and ATCA, 16 18.8 mt dw (25 mt ww) annual quota
National Oceanic and Atmospheric U.S.C. 971 et seq. ATCA authorizes the transfer to Mauritania. These two
Administration Secretary of Commerce (Secretary) to changes result in an adjusted North
promulgate regulations as may be Atlantic swordfish quota for the 2015
50 CFR Part 635 necessary and appropriate to implement fishing year of 3,359.4 mt dw (2,937.6
ICCAT recommendations. baseline quota + 440.6 underharvest
[Docket No. 150116050–5375–02] For North Atlantic swordfish, this ¥18.8 transfer to Mauritania = 3,359.4
RIN 0648–XD726 final action maintains the U.S. baseline mt dw or 4467.47 mt ww). From that
quota of 2,937.6 metric tons (mt) adjusted quota, 50 mt dw is allocated to
Atlantic Highly Migratory Species; dressed weight (dw) and implements an the reserve category for in season
North and South Atlantic 2015 ICCAT-recommended quota transfer of adjustments and research, and 300 mt
Commercial Swordfish Quotas 18.8 mt dw from the United States to dw is allocated to the incidental
Mauritania. For South Atlantic category, which includes recreational
AGENCY: National Marine Fisheries swordfish, this action maintains the
Service (NMFS), National Oceanic and landings and landings by incidental
U.S. South Atlantic swordfish quota at swordfish permit holders, per
Atmospheric Administration (NOAA), 75.2 mt dw (100 mt whole weight (ww)),
Commerce. § 635.27(c)(1)(i). This results in an
carries over 75.1 mt dw of 2014 allocation of 3,009.4 mt dw (3,359.4
ACTION: Final rule. underharvest, and authorizes the adjusted quota ¥50 to the reserve
transfer of 50 mt ww (37.6 mt dw) to quota—300 mt dw to the incidental
SUMMARY: This final rule adjusts the
Namibia, 25 mt ww (18.8 mt dw) to Côte quota = 3,009.4 mt dw) for the directed
2015 fishing season quotas for North
d’Ivoire, and 25 mt ww (18.8 mt dw) to category, which is split equally between
and South Atlantic swordfish based
Belize, consistent with ICCAT two seasons in 2015 (January through
upon 2014 quota underharvests and
Recommendation 13–03. Information June, and July through December) (Table
international quota transfers consistent
regarding the quota calculations can be 1).
with International Commission for the
found below. Additional details
Conservation of Atlantic Tunas (ICCAT) South Atlantic Swordfish Quota
regarding the quotas and other actions
Recommendations 13–02 and 13–03.
in this rule and their impacts can be In 2013, ICCAT Recommendation 13–
This final rule applies to commercial 03 established the South Atlantic
found in the proposed rule (80 FR 8838,
and recreational fishing for swordfish in swordfish TAC at 11,278.2 mt dw
February 19, 2015).
the Atlantic Ocean, including the (15,000 mt ww) for 2014, 2015, and
Caribbean Sea and Gulf of Mexico. This North Atlantic Swordfish Quota 2016. Of this, the United States receives
action implements ICCAT At the 2013 ICCAT annual meeting, 75.2 mt dw (100 mt ww).
recommendations, consistent with the Recommendation 13–02 was adopted, Recommendation 13–03 limits the
Atlantic Tunas Convention Act (ATCA), maintaining the North Atlantic amount of South Atlantic swordfish
and furthers domestic management swordfish total allowable catch (TAC) of underharvest that can be carried
objectives under the Magnuson-Stevens 10,301 metric tons (mt) dressed weight forward, and the United States may
Fishery Conservation and Management (dw) (13,700 mt whole weight (ww)) carry forward up to 100 percent of its
Act (Magnuson-Stevens Act). through 2016. Of this TAC, the United baseline quota (75.2 mt dw).
rljohnson on DSK3VPTVN1PROD with RULES

DATES: Effective on June 4, 2015. States’ baseline quota is 2,937.6 mt dw Recommendation 13–03 also included a
ADDRESSES: Copies of the supporting (3,907 mt ww) per year. ICCAT total of 75.2 mt dw (100 mt ww) of
documents—including the 2012 Recommendation 13–02 also includes quota transfers from the United States to
Environmental Assessment (EA), an 18.8 mt dw (25 mt ww) annual quota other countries. These transfers were
Regulatory Impact Review (RIR), and transfer from the United States to 37.6 mt dw (50 mt ww) to Namibia, 18.8
Final Regulatory Flexibility Analysis Mauritania and limits allowable 2014 mt dw (25 mt ww) to Côte d’Ivoire, and
(FRFA) for North Atlantic swordfish; the and any future underharvest carryover 18.8 mt dw (25 mt ww) to Belize.

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Document Created: 2015-12-16 07:53:27
Document Modified: 2015-12-16 07:53:27
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 June 4, 2015.
Contact		Thomas Eng, Policy and Licensing Division, Public Safety and Homeland Security Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, at (202) 418-0019, TTY (202) 418-7233, or via email at [email protected]
FR Citation		80 FR 25604