80 FR 53747 - Reorganization of the Enforcement Bureau's Field Operations

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 173 (September 8, 2015)

The Federal Communications Commission (the Commission) acts to improve the Commission's efficiency, effectively manage Commission resources, and align the Commission's field enforcement activities with contemporary needs for a field enforcement presence. The Commission, the Office of Managing Director and the Enforcement Bureau will take several actions to realign the mission and resources of its 24 field offices. The Bureau's field offices will primarily support the enforcement of the Commission's radio frequency spectrum rules and other key regulations in a manner likely to have the greatest impact, in the most cost effective way possible.

[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Rules and Regulations]
[Pages 53747-53753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21963]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 2, 11, 15, 18, 73, 74, 76, 78, 80, 90, 95, and 97

[FCC 15-81]


Reorganization of the Enforcement Bureau's Field Operations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Federal Communications Commission (the Commission) acts to 
improve the Commission's efficiency, effectively manage Commission 
resources, and align the Commission's field enforcement activities with 
contemporary needs for a field enforcement presence. The Commission, 
the Office of Managing Director and the Enforcement Bureau will take 
several actions to realign the mission and resources of its 24 field 
offices. The Bureau's field offices will primarily support the 
enforcement of the Commission's radio frequency spectrum rules and 
other key regulations in a manner likely to have the greatest impact, 
in the most cost effective way possible.

DATES: Effective September 8, 2015.

FOR FURTHER INFORMATION CONTACT: William Davenport, Enforcement Bureau, 
(202) 418-1034.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order; 
FCC 15-81, adopted and released on July 16, 2015. The full text of this 
document is available for public inspection during regular business 
hours in the FCC Reference Center, Room CY-A257, 445 12th Street SW., 
Washington, DC 20554 or at the following Internet address: https://www.fcc.gov/document/fcc-adopts-plan-modernize-field-operations-0. 
Alternative formats are available to persons with disabilities 
(braille, large print, electronic files, audio format); to obtain, 
please send an email to [email protected] or call the Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

I. Introduction

    1. Through this Order, we act to improve the Commission's 
efficiency, effectively manage Commission resources, and align the 
Commission's field enforcement activities with contemporary needs for a 
field enforcement presence. With its 24 field offices (``Field'') and 
Equipment Development Group, the Enforcement Bureau resolves 
interference issues, assists with disaster recovery, and enforces 
technical compliance with Commission rules and the Communications Act. 
The current model of the Field was adopted approximately 20 years 
ago.\1\ Since then, technological changes and increasingly limited 
resources have created the need to take a fresh look at the Bureau's 
Field operations. The Commission has completed a full review of the 
mission, processes, and organization of the Field. Our review concludes 
that our Field resources should be concentrated in urban areas where 
the need for them is greatest. This Order refocuses the Field on 
enforcement of our radio frequency spectrum rules and other key 
regulations in a high impact and cost effective manner that is better 
aligned with the priorities of the Commission and the Bureau as a 
whole.
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    \1\ Amendment of Part 0 of the Commission's Rules to Reflect 
Reorganization of the Compliance and Information Bureau, Order, 11 
FCC Rcd 1725 (1996).
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II. Discussion

    2. The Commission has determined to make changes to the Field in 
order to create a more effective organization within the limits of our 
budgetary constraints. By this action we restructure the Enforcement 
Bureau's field operations to implement the changes. The Field 
reorganization will better align the Field's mission with the 
priorities of the Commission, increase efficiency in terms of both 
employee performance and management oversight, and enable updating the 
employee skillset and equipment deployed in the Field. We take this 
action after extensive outreach to internal and external stakeholders, 
including a survey of field personnel and interviews with field staff, 
current and former management, outside experts, regulatees, and other 
government agencies. We also reviewed field operations by other federal 
agencies and examined the Bureau's enforcement activity database to 
assess the Field's caseload, efficiency, and effectiveness.
    3. Based on that comprehensive review, the Commission, the Office 
of Managing Director and the Enforcement Bureau will take several 
actions to realign the mission and resources of the Field. The Bureau's 
field offices will primarily support the enforcement of the 
Commission's radiofrequency interference requirements and other key 
rules. These enforcement efforts will be guided by the priorities of 
the Commission and the Enforcement Bureau and occur in the manner 
likely to have the greatest impact, in the most cost effective way 
possible.
    4. The Field will embark on a program to update its equipment and 
employee skillset to address the likely issues that will accompany new 
and expanded uses of spectrum. This program will include the expanded 
use of remotely operated monitoring equipment to supplement field 
staff, as well as the identification and use of portable devices 
capable of assessing interference issues in bands expected to 
experience heavy spectrum use. Upon completion of all required 
implementation steps, the Commission will first apply the net savings 
resulting from this reorganization effort to this

[[Page 53748]]

program, before applying those monies to the agency's general fund. The 
net savings will not be used to increase the number of full-time non-
field-related employees in the headquarters office of the Enforcement 
Bureau.
    5. The Bureau will close its field offices in or near Anchorage, 
Alaska; Buffalo, New York; Detroit, Michigan; Houston, Texas; Kansas 
City, Missouri; Norfolk, Virginia; Philadelphia, Pennsylvania; San 
Diego, California; San Juan, Puerto Rico; Seattle, Washington; and 
Tampa, Florida. Relatedly, the Enforcement Bureau field offices in or 
near Atlanta, Georgia; Columbia, Maryland; and San Francisco, 
California will relocate to FCC-owned properties nearby or in the same 
metropolitan areas. In addition, recognizing that current work volume 
does not require full-time employees, the Bureau will contract with 
local personnel to maintain a field presence in Alaska and Puerto Rico 
and will also periodically dispatch field agents to Kansas City, 
Missouri.
    6. All Bureau field agents shall have electrical engineering 
backgrounds.
    7. The relocated offices identified in paragraph 5 and the 
remaining offices in or near New York City, New York; Miami, Florida; 
Dallas, Texas; Chicago, Illinois; Boston, Massachusetts; Denver, 
Colorado; Honolulu, Hawaii; New Orleans, Louisiana; Portland, Oregon; 
and Los Angeles, California will be staffed and equipped to maintain 
the Commission's Field program.
    8. Within 6 weeks of release of this Order, the Bureau will 
establish procedures for industry and public safety complainants to 
escalate their complaints within the Field organization.
    9. The Commission will continue to work with outside stakeholders 
to develop a comprehensive policy and enforcement approach to the issue 
of unlicensed radio broadcasting.
    10. The Commission will implement a nationwide outplacement effort 
to assist all displaced employees to find positions in the public or 
private sectors, including other vacancies within the Commission for 
which they are qualified and selected.
    11. The amendments adopted herein pertain to agency organization, 
procedure, and practice. Some of the amendments are administrative 
updates to rules that were inadvertently not revised during prior 
agency organization efforts.\2\ Other amendments add references to the 
FCC Web site where parties and the Commission may obtain information 
more efficiently than they could by the current practice of addressing 
requests to the Field. The remainder of the amendments conform the 
rules to the current practice. Consequently, the requirement of notice 
and comment and the effective date provisions of the Administrative 
Procedures Act, 5 U.S.C. 553(b) and (d), do not apply. Authority for 
the amendments adopted herein is contained in Sections 4(f)(1), 4(g), 
4(i), 5(b), 5(c)(1) and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(f)(1), (g), (i), 155(b), 155(c)(1), and 303(r).
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    \2\ See e.g., Establishment of the Enforcement Bureau and the 
Consumer Information Bureau, Order, 14 FCC Rcd 17924 (1999); 
Establishment of the Public Safety and Homeland Security Bureau and 
Other Organizational Changes, Order, 21 FCC Rcd 10867 (2006); 
Amendment of the Commission's Rule Concerning Commercial Radio 
Operators, Report and Order, 28 FCC Rcd 532, 542-43, para. 20 
(2013).
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III. Procedural Matters

A. Paperwork Reduction Act of 1995

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13.

B. Congressional Review Act

    The Commission will not send a copy of this Order pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because the adopted 
rules pertain to agency organization, procedure, and practice.

IV. Ordering Clauses

    12. Accordingly, It is ordered that, pursuant to Sections 4(f)(1), 
4(g), 4(i), 5(b), 5(c)(1) and 303(r) of the Communications Act of 1934, 
as amended, 47 U.S.C. 154(f)(1), (g), (i), 155(b), 155(c)(1), and 
303(r) the Enforcement Bureau's Field operations be restructured.
    13. It is further ordered that the field offices in or near 
Anchorage, Alaska; Buffalo, New York; Detroit, Michigan; Houston, 
Texas; Kansas City, Missouri; Norfolk, Virginia; Philadelphia, 
Pennsylvania; San Diego, California; San Juan, Puerto Rico; Seattle, 
Washington; and Tampa, Florida be closed. The Bureau will contract with 
local personnel to maintain a field presence in Alaska and Puerto Rico 
and will also periodically dispatch field agents to Kansas City, 
Missouri.
    14. It is further ordered that the Enforcement Bureau relocate 
field offices in or near Atlanta, Georgia; Columbia, Maryland; and San 
Francisco, California to nearby FCC-owned properties.
    15. It is further ordered that all Enforcement Bureau field agents 
shall have electrical engineering backgrounds.
    16. It is further ordered that the Commission devote resources to 
provide its field staff with the training and equipment to address new 
interference threats in bands that are currently in use, as well as 
bands that are not yet widely utilized. The equipment should focus on 
portable, cost-effective devices as well as remotely-operated spectrum 
monitoring equipment deployable on a permanent or temporary basis. Upon 
completion of all required implementation steps, the Commission will 
first apply the net savings resulting from this reorganization effort 
to this program, before applying those monies to the agency's general 
fund. The net savings will not be used to increase the number of full 
time non-field-related employees in the headquarters office of the 
Enforcement Bureau.
    17. It is further ordered that, within 6 weeks of release of this 
Order, the Enforcement Bureau will establish procedures for industry 
and public safety complainants to escalate their complaints within the 
Field organization.
    18. It is further ordered that the Commission will continue to work 
with outside stakeholders to develop a comprehensive policy and 
enforcement approach to the issue of unlicensed radio broadcasting.
    19. It is further ordered that the Commission implement a 
nationwide outplacement effort to assist all displaced employees to 
find positions in the public or private sectors, including other 
vacancies within the Commission for which they are qualified and 
selected.
    20. It is further ordered that effective upon publication of this 
Order in the Federal Register that Sections 0.111, 0.314, 0.317, 0.401, 
0.421, 0.555, 2.106, 2.405, 11.35, 15.239, 18.115, 18.117, 73.688, 
73.1030, 73.1690, 74.24, 74.25, 76.613, 78.11, 78.19, 80.59, 80.1067, 
90.425, 95.129, 95.208, 95.209, 95.408, 95.409, 97.13, 97.109, 97.203, 
97.309, 97.311, and 97.313 of the Commission's rules are amended as 
indicated in the Appendix.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.

47 CFR Part 2

    Disaster assistance, Radio.

[[Page 53749]]

47 CFR Part 11

    Radio.

47 CFR Part 15

    Communications equipment, Reporting and recordkeeping requirements.

47 CFR Part 18

    Medical devices, Reporting and recordkeeping requirements, 
Scientific equipment.

47 CFR Part 73

    Communications equipment, Radio, and Reporting and recordkeeping 
requirements.

47 CFR Part 74

    Radio, Reporting and recordkeeping requirements, and Television.

47 CFR Parts 76 and 78

    Cable television, Reporting and recordkeeping requirements.

47 CFR Part 80

    Vessels, Marine safety, and Reporting and recordkeeping 
requirements.

47 CFR Parts 90, 95, and 97

    Communications equipment, Radio.

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

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0, 2, 11, 15, 18, 73, 74, 
76, 78, 80, 90, 95, and 97 as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Section 0.111 is amended by revising Notes to Paragraphs (a)(1), 
(a)(2) and (a)(11) to read as follows:


Sec.  0.111  Functions of the Bureau.

* * * * *

    Note To Paragraph (a)(1): The Consumer and Governmental Affairs 
Bureau has primary responsibility for addressing individual informal 
complaints from consumers against common carriers (wireline, 
wireless and international) and against other wireless licensees, 
and informal consumer complaints involving access to 
telecommunications services and equipment for persons with 
disabilities. The International Bureau has primary responsibility 
for complaints regarding international settlements rules and 
policies.

* * * * *

    Note to paragraph (a)(2): The Consumer and Governmental Affairs 
Bureau has primary responsibility for addressing individual informal 
complaints from consumers against non-common carriers subject to the 
Commission's jurisdiction under Title II of the Communications Act 
and related provisions.

* * * * *

    Note to paragraph (a)(11): The Media Bureau has primary 
responsibility for complaints regarding children's television 
programming requirements, and for political and related programming 
matters and equal employment opportunity matters involving 
broadcasters, cable operators and other multichannel video 
programming distributors. The relevant licensing Bureau has primary 
responsibility for complaints involving tower sitting and the 
Commission's environmental rules. The Media Bureau has primary 
responsibility for complaints regarding compliance with conditions 
imposed on transfers of control and assignments of licenses of Cable 
Television Relay Service authorizations.

* * * * *

0
3. Section 0.314 is amended by revising the introductory text to read 
as follows:


Sec.  0.314  Additional authority delegated.

    The Regional Directors are delegated authority to act upon 
applications, requests, or other matters, which are not in hearing 
status, and direct the following activities necessary to conduct 
investigations or inspections:
* * * * *

0
4. Section 0.317 is revised to read as follows:


Sec.  0.317  Record of action taken.

    The application, authorization, and other appropriate files of the 
Enforcement Bureau are designated as the Commission's official records 
of action taken pursuant to authority delegated under Sec. Sec.  0.311 
and 0.314, and shall constitute the official Commission minutes entry 
of such actions. The official records of action are maintained in the 
Reference Information Center in the Consumer and Governmental Affairs 
Bureau.

0
5. Section 0.401 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  0.401  Location of Commission offices.

* * * * *
    (a) * * *
    (4) For the locations of the field offices, contact the Enforcement 
Bureau.
* * * * *

0
6. Section 0.421 is revised to read as follows:


Sec.  0.421  Application forms.

    All forms for use in submitting applications for radio 
authorization, together with instructions and information as to filing 
such forms, may be obtained at http://www.fcc.gov/forms. For 
information concerning the forms to be used and filing requirements, 
see part 1 of this chapter and the appropriate substantive rules.

0
7. Section 0.555 is amended by removing paragraph (a)(2), redesignating 
paragraph (a)(3) as paragraph (a)(2), and revising newly redesignated 
paragraph (a)(2) to read as follows:


Sec.  0.555  Disclosure of record information to individuals.

    (a) * * *
    (2) Individuals may request that copies of records be sent directly 
to them. In such cases, individuals must verify their identity as 
described in Sec.  0.554(b)(2) and provide an accurate return mailing 
address or email address. Records shall be sent only to that address.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
8. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
9. Section 2.106 is amended by revising paragraph (a) introductory text 
following US270 as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    US270 * * *
    (a) The peak envelope power of an amateur station shall not exceed 
50 watts in the following areas, unless expressly authorized by the FCC 
after mutual agreement, on a case-by-case basis, between the Regional 
Director of the applicable field office and the military area frequency 
coordinator at the applicable military base. For areas (5) through (7), 
the appropriate military coordinator is located at Peterson AFB, CO.
* * * * *

0
10. Section 2.405 is amended by revising paragraphs (a) and (c) to read 
as follows:


Sec.  2.405  Operation during emergency.

* * * * *
    (a) That as soon as possible after the beginning of such emergency 
use, notice be sent to the Public Safety and

[[Page 53750]]

Homeland Security Bureau of the Commission at Washington, D.C., stating 
the nature of the emergency and the use to which the station is being 
put, and
* * * * *
    (c) That the Public Safety and Homeland Security Bureau of the 
Commission at Washington, D.C., shall be notified immediately when such 
special use of the station is terminated: Provided further,
* * * * *

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
11. The authority citation for part 11 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 
606.


0
12. Section 11.35 is amended by revising paragraph (c) to read as 
follows:


Sec.  11.35  Equipment operational readiness.

* * * * *
    (c) If repair or replacement of defective equipment is not 
completed within 60 days, an informal request shall be submitted to the 
Regional Director of the FCC field office serving the area in which the 
EAS Participant is located, or in the case of DBS and SDARS providers 
to the Regional Director of the FCC field office serving the area where 
their headquarters is located, for additional time to repair the 
defective equipment. This request must explain what steps have been 
taken to repair or replace the defective equipment, the alternative 
procedures being used while the defective equipment is out of service, 
and when the defective equipment will be repaired or replaced.

PART 15--RADIO FREQUENCY DEVICES

0
13. The authority citation for part 15 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, 544a, and 
549.


0
14. Section 15.239 is amended by revising paragraph (d) introductory 
text to read as follows:


Sec.  15.239  Operation in the band 88-108 MHz.

* * * * *
    (d) A custom built telemetry intentional radiator operating in the 
frequency band 88-108 MHz and used for experimentation by an 
educational institute need not be certified provided the device 
complies with the standards in this part and the educational 
institution notifies the Office of Engineering and Technology, in 
writing, in advance of operation, providing the following information:
* * * * *

PART 18--INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT

0
15. The authority citation for part 18 continues to read as follows:

    Authority: 47 U.S.C. 4, 301, 302, 303, 304, 307.


0
16. Section 18.115 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  18.115  Elimination and investigation of harmful interference.

* * * * *
    (b) If the operator of ISM equipment is notified by the 
Commission's Regional Director that operation of such equipment is 
endangering the functioning of a radionavigation or safety service, the 
operator shall immediately cease operating the equipment. Operation may 
be resumed on a temporary basis only for the purpose of eliminating the 
harmful interference. Operation may be resumed on a regular basis only 
after the harmful interference has been eliminated and approval from 
the Regional Director obtained.
    (c) When notified by the Regional Director that a particular 
installation is causing harmful interference, the operator or 
manufacturer shall arrange for an engineer skilled in techniques of 
interference measurement and control to make an investigation to ensure 
that the harmful interference has been eliminated. The Regional 
Director may require the engineer making the investigation to furnish 
proof of his or her qualifications.


0
17. Revise Sec.  18.117 to read as follows:


Sec.  18.117  Report of interference investigation.

    (a) An interim report on investigations and corrective measures 
taken pursuant to Sec.  18.115 of this part shall be filed with the 
Regional Director of the local FCC office within 30 days of 
notification of harmful interference. The final report shall be filed 
with the Regional Director within 60 days of notification.
    (b) The date for filing the final report may be extended by the 
Regional Director when additional time is required to put into effect 
the corrective measures or to complete the investigation. The request 
for extension of time shall be accompanied by a progress report showing 
what has been accomplished to date.

PART 73--RADIO BROADCAST SERVICES

0
18. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336, and 339.


0
19. Section 73.688 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  73.688  Indicating instruments.

* * * * *
    (c) * * *
    (2) If conditions beyond the control of the licensee prevent the 
restoration of the meter to service within the above allowed period, 
informal request in accordance with Sec.  73.3549 may be filed for such 
additional time as may be required to complete repairs of the defective 
instrument.


0
20. Section 73.1030 is amended by revising paragraph (c)(2) to read as 
follows:


Sec.  73.1030  Notifications concerning interference to radio 
astronomy, research and receiving installations.

* * * * *
    (c) * * *
    (2) In the event that calculated value of expected field exceeds 10 
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is any 
question whether field strength levels might exceed the threshold 
value, advance consultation with the FCC to discuss any protection 
necessary should be considered. Prospective applicants may communicate 
with the Public Safety and Homeland Security Bureau.
* * * * *


0
21. Section 73.1690 is amended by revising paragraph (c)(7)(ii) to read 
as follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (c) * * *
    (7) * * *
    (ii) If the station is located in or near a radio quiet zone, radio 
coordination zone, or a Commission monitoring station (see Sec.  
73.1030 and Sec.  0.121(c) of this chapter), the licensee or permittee 
must have secured written concurrence from the affected radio quiet 
zone, radio coordination zone, or the Commission's Public Safety and 
Homeland Security Bureau in the case of a monitoring station, to 
increase effective radiated power PRIOR to implementation. A copy of 
that concurrence must be submitted with the license application

[[Page 53751]]

to document that concurrence has been received;
* * * * *

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

0
22. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.


0
23. Section 74.24 is amended by revising paragraph (i) to read as 
follows:


Sec.  74.24  Short-term operation.

* * * * *
    (i) Short-term operation of a remote pickup broadcast base station, 
a remote pickup automatic relay station, an aural broadcast STL 
station, an aural broadcast intercity relay station, a TV STL station, 
a TV intercity relay station or a TV translator relay station in the 
National Radio Quiet Zone, the Table Mountain Radio Receiving Zone, or 
near FCC monitoring stations is subject to the same advance 
notification procedures applicable to regular applications as provided 
for in Sec.  73.1030 of this chapter and Sec.  74.12, except that 
inasmuch as short-term operation does not involve an application 
process, the provisions relating to agency objection procedures shall 
not apply. It shall simply be necessary for the licensee to contact the 
potentially affected agency and obtain advance approval for the 
proposed short-term operation. Where protection to FCC monitoring 
stations is concerned, approval for short-term operation may be given 
by the Regional Director of a Commission field facility.
* * * * *

0
24. Section 74.25 is amended by revising paragraph (d) to read as 
follows:


Sec.  74.25  Temporary conditional operating authority.

* * * * *
    (d) Operation under this section shall be suspended immediately 
upon notification from the Commission or by the Regional Director of a 
Commission field facility, and shall not be resumed until specific 
authority is given by the Commission or Regional Director. When 
authorized by the Regional Director, short test operations may be made.
* * * * *

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
25. The authority citation for part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 
303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 
521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 
549, 552, 554, 556, 558, 560, 561, 571, 572, 573.


0
26. Section 76.613 is amended by revising paragraphs (c) and (d) to 
read as follows:


Sec.  76.613  Interference from a multichannel video programming 
distributor (MVPD).

* * * * *
    (c) If harmful interference to radio communications involving the 
safety of life and protection of property cannot be promptly eliminated 
by the application of suitable techniques, operation of the offending 
MVPD or appropriate elements thereof shall immediately be suspended 
upon notification by the Regional Director for the Commission's local 
field office, and shall not be resumed until the interference has been 
eliminated to the satisfaction of the Regional Director. When 
authorized by the Regional Director, short test operations may be made 
during the period of suspended operation to check the efficacy of 
remedial measures.
    (d) The MVPD may be required by the Regional Director to prepare 
and submit a report regarding the cause(s) of the interference, 
corrective measures planned or taken, and the efficacy of the remedial 
measures.

PART 78--CABLE TELEVISION RELAY SERVICE

0
27. The authority citation for part 78 continues to read as follows:

    Authority: Secs. 2, 3, 4, 301, 303, 307, 308, 309, 48 Stat., as 
amended, 1064, 1065, 1066, 1081, 1082, 1083, 1084, 1085; 47 U.S.C. 
152, 153, 154, 301, 303, 307, 308, 309.


0
28. Section 78.11 is amended by revising paragraph (e) to read as 
follows:


Sec.  78.11  Permissible service.

* * * * *
    (e) The license of a CARS pickup station authorizes the 
transmission of program material, and related communications necessary 
to the accomplishment of such transmission, from the scenes of events 
occurring in places other than a cable television studio or the studio 
of another eligible system, to the studio, headend, or transmitter of 
its associated cable television system or other eligible system, or to 
such other cable television or other eligible systems as are carrying 
the same program material. CARS pickup stations may be used to provide 
temporary CARS studio-to-headend links, studio-to-transmitter links, or 
CARS circuits consistent with this part without further authority of 
the Commission: Provided, however, That prior Commission authority 
shall be obtained if the transmitting antenna to be installed will 
increase the height of any natural formation or manmade structure by 
more than 6.1 meters (20 feet) and will be in existence for a period of 
more than 2 consecutive days: And provided, further, That if the 
transmitting equipment is to be operated for more than 1 day outside of 
the area to which the CARS station has been licensed, the Commission, 
the Regional Director for the area in which the station is licensed to 
operate, and the Regional Director for the area in which the equipment 
will be temporarily operated shall be notified at least 1 day prior to 
such operation. If the decision to continue operation for more than 1 
day is not made until the operation has begun, notice shall be given to 
the Commission and the relevant Regional Directors within 1 day after 
such decision. In all instances, the Commission and the relevant 
Regional Directors shall be notified when the transmitting equipment 
has been returned to its licensed area.
* * * * *

0
29. Section 78.19 is amended is amended by revising paragraph (e)(2) to 
read as follows:


Sec.  78.19  Interference.

* * * * *
    (e) * * *
    (2) In the event that calculated value of expected field exceeds 10 
mV/m (-65.8 dBW/m2) at the reference coordinates, or if there is any 
question whether field strength levels might exceed the threshold 
value, advance consultation with the FCC to discuss any protection 
necessary should be considered. Prospective applicants may communicate 
with the Public Safety and Homeland Security Bureau, Federal 
Communications Commission, Washington, DC 20554.
* * * * *

PART 80--STATIONS IN THE MARITIME SERVICES

0
30. The authority citation for part 80 continues to read as follows:

    Authority: Secs. 4, 303, 307(e), 309, and 332, 48 Stat. 1066, 
1082, as amended; 47 U.S.C. 154, 303, 307(e), 309, and 332, unless 
otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-1105, 
as amended; 47 U.S.C. 151-155, 301-609; 3 UST 3450, 3 UST 4726, 12 
UST 2377.

0
31. Section 80.59 is amended by revising paragraph (d)(1) introductory 
text to read as follows:

[[Page 53752]]

Sec.  80.59  Compulsory ship inspections.

* * * * *
    (d) Waiver of annual inspection. (1) The Commission may, upon a 
finding that the public interest would be served, grant a waiver of the 
annual inspection required by Section 362(b) of the Communications Act, 
47 U.S.C. 360(b), for a period of not more than 90 days for the sole 
purpose of enabling a United States vessel to complete its voyage and 
proceed to a port in the United States where an inspection can be held. 
An informal application must be submitted by the ship's owner, operator 
or authorized agent. The application must be submitted to the 
Commission's Wireless Telecommunications Bureau at least three days 
before the ship's arrival. The application must include:
* * * * *

0
32. Section 80.1067 is amended by revising paragraph (a) to read as 
follows:


Sec.  80.1067  Inspection of station.

    (a) Ships must have the required equipment inspected at least once 
every 12 months by an FCC-licensed technician holding a GMDSS Radio 
Maintainer's License. If the ship passes the inspection the technician 
will issue a Safety Certificate. Safety Certificates may be obtained 
from the Commission's National Call Center at 1-888-CALL FCC (1-888-
225-5322). The effective date of the ship Safety Certificate is the 
date the station is found to be in compliance or not later than one 
business day later. The FCC-licensed technician must use the latest FCC 
Information Bulletin, How to Conduct a GMDSS Inspection, which may be 
obtained at http://www.fcc.gov.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
33. 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, 126 Stat. 156.


0
34. Section 90.425 is amended by revising paragraph (a)(4)(ii) to read 
as follows:


Sec.  90.425  Station identification.

* * * * *
    (a) * * *
    (4) * * *
    (ii) In the Industrial/Business Pool, licensees may request the 
Commission's Wireless Telecommunications Bureau to approve the use of 
special mobile unit identifiers in lieu of the assigned call sign. Such 
requests, however, will not be granted where it appears that harmful 
interference to international operations may be caused by stations 
below 50 MHz, or by stations operating in areas within 80 km (50 miles) 
of an international boundary, or where it appears that the proposed 
method of identification will not adequately distinguish the mobile 
units of the applicant from the mobile units of other licensees in the 
area.
* * * * *

PART 95--PERSONAL RADIO SERVICES

0
35. The authority citation for part 95 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302(a), 303, and 307(e).


0
36. Revise Sec.  95.129 to read as follows:


Sec.  95.129  Station equipment.

    Every station in a GMRS system must use transmitters the FCC has 
certificated for use in the GMRS. Transmitters that have been certified 
for use in the GMRS may be found on the FCC Web site at https://apps.fcc.gov/oetcf/eas/reports/GenericSearch.cfm. All station equipment 
in a GMRS system must comply with the technical rules in part 95.

0
37. Section 95.208 is amended by revising paragraph (d) to read as 
follows:


Sec.  95.208  (R/C Rule 8) How high may I put my antenna?

* * * * *
    (d) If your R/C station is located near an airport, and if you 
antenna structure is more than 6.1 meters (20 feet) high, your may have 
to obey additional restrictions. The highest point of your antenna must 
not exceed one meter above the airport elevation for every hundred 
meters of distance from the nearest point of the nearest airport 
runway. Differences in ground elevation between your antenna and the 
airport runway may complicate this formula. If your R/C station is near 
an airport, see http://wireless2.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to help you figure the maximum allowable height of 
your antenna. Consult part 17 of this chapter for more information.
* * * * *

0
38. Section 95.209 is amended by revising paragraph (b) to read as 
follows:


Sec.  95.209  (R/C Rule 9) What equipment may I use at my R/C station?

* * * * *
    (b) You may examine a list of certificated transmitters on the FCC 
Web site at http://www.fcc.gov/encyclopedia/radio-control-rc-radio-service.
* * * * *

0
39. Section 95.408 is amended by revising paragraph (d) to read as 
follows:


Sec.  95.408  (CB Rule 8) How high may I put my antenna?

* * * * *
    (d) If your CB station is located near an airport, and if your 
antenna structure is more than 6.1 meters (20 feet) high, you may have 
to obey additional restrictions. The highest point of your antenna must 
not exceed one meter above the airport elevation for every hundred 
meters of distance from the nearest point of the nearest airport 
runway. Differences in ground elevation between your antenna and the 
airport runway may complicate this formula. If your CB station is near 
an airport, see http://wireless2.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to help you figure the maximum allowable height of 
your antenna. Consult part 17 of this chapter for more information.
* * * * *

0
40. Section 95.409 is amended by revising paragraph (a) to read as 
follows:


Sec.  95.409  (CB Rule 9) What equipment may I use at my CB station?

    (a) You must use an FCC certificated CB transmitter at your CB 
station. You can identify an FCC certificated transmitter by the 
certification label placed on it by the manufacturer. You may examine a 
list of certificated equipment on the FCC Web site at http://www.fcc.gov/encyclopedia/citizens-band-cb-service. Use of a transmitter 
which is not FCC certificated voids your authority to operate the 
station.
* * * * *

PART 97--AMATEUR RADIO SERVICE

0
41. The authority citation for part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.


0
42. Section 97.13 is amended by revising paragraph (b) to read as 
follows:


Sec.  97.13  Restrictions on station location.

* * * * *
    (b) A station within 1600 m (1 mile) of an FCC monitoring facility 
must protect that facility from harmful interference. Failure to do so 
could result in imposition of operating restrictions upon the amateur 
station pursuant to Sec.  97.121. Geographical

[[Page 53753]]

coordinates of the facilities that require protection are listed in 
Sec.  0.121(c) of this chapter.
* * * * *

0
43. Section 97.109 is amended by revising paragraph (d) to read as 
follows:


Sec.  97.109  Station control.

* * * * *
    (d) When a station is being automatically controlled, the control 
operator need not be at the control point. Only stations specifically 
designated elsewhere in this part may be automatically controlled. 
Automatic control must cease upon notification by a Regional Director 
that the station is transmitting improperly or causing harmful 
interference to other stations. Automatic control must not be resumed 
without prior approval of the Regional Director.

0
44. Section 97.203 is amended by revising paragraph (f) to read as 
follows:


Sec.  97.203  Beacon station.

* * * * *
    (f) A beacon must cease transmissions upon notification by a 
Regional Director that the station is operating improperly or causing 
undue interference to other operations. The beacon may not resume 
transmitting without prior approval of the Regional Director.
* * * * *

0
45. Section 97.309 is amended by revising paragraph (b) introductory 
text to read as follows:


Sec.  97.309  RTTY and data emission codes.

* * * * *
    (b) Where authorized by Sec. Sec.  97.305(c) and 97.307(f), a 
station may transmit a RTTY or data emission using an unspecified 
digital code, except to a station in a country with which the United 
States does not have an agreement permitting the code to be used. RTTY 
and data emissions using unspecified digital codes must not be 
transmitted for the purpose of obscuring the meaning of any 
communication. When deemed necessary by a Regional Director to assure 
compliance with the FCC Rules, a station must:
* * * * *

0
46. Section 97.311 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  97.311  SS emission types.

* * * * *
    (c) When deemed necessary by a Regional Director to assure 
compliance with this part, a station licensee must:
* * * * *

0
47. Section 97.313 is amended by revising paragraph (f) to read as 
follows:


Sec.  97.313  Transmitter power standards.

* * * * *
    (f) No station may transmit with a transmitter power exceeding 50 W 
PEP on the UHF 70 cm band from an area specified in paragraph (a) of 
footnote US270 in Sec.  2.106, unless expressly authorized by the FCC 
after mutual agreement, on a case-by-case basis, between the Regional 
Director of the applicable field facility and the military area 
frequency coordinator at the applicable military base. An Earth station 
or telecommand station, however, may transmit on the 435-438 MHz 
segment with a maximum of 611 W effective radiated power (1 kW 
equivalent isotropically radiated power) without the authorization 
otherwise required. The transmitting antenna elevation angle between 
the lower half-power (-3 dB relative to the peak or antenna bore sight) 
point and the horizon must always be greater than 10[deg].
* * * * *
[FR Doc. 2015-21963 Filed 9-4-15; 8:45 am]
 BILLING CODE 6712-01-P