81 FR 42264 - Authorization of Radiofrequency Equipment and Approval of Terminal Equipment by Telecommunications

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range		42264-42265
FR Document		2016-15336

In this document the Commission addresses two petitions for reconsideration of its Report and Order in this proceeding by describing how it will implement the rules that govern how it recognizes laboratories as accredited and authorized to perform the compliance testing associated with applications for equipment certification and the bodies that accredit those laboratories and extending the transition period by which time all laboratories that test for equipment certification must have FCC-recognized accreditation to perform such testing.

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016)

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Rules and Regulations]
[Pages 42264-42265]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15336]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[ET Docket No. 13-44, RM-11652; FCC 16-74]


Authorization of Radiofrequency Equipment and Approval of 
Terminal Equipment by Telecommunications

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document the Commission addresses two petitions for 
reconsideration of its Report and Order in this proceeding by 
describing how it will implement the rules that govern how it 
recognizes laboratories as accredited and authorized to perform the 
compliance testing associated with applications for equipment 
certification and the bodies that accredit those laboratories and 
extending the transition period by which time all laboratories that 
test for equipment certification must have FCC-recognized accreditation 
to perform such testing.

DATES: Effective July 29, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Butler, Office of Engineering 
and Technology, (202) 418-2702, email: [email protected], TTY (202) 
418-2989.

SUPPLEMENTARY INFORMATION: 
    1. This document does not contain [new or modified] information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13.
    2. This is a summary of the Commission's Memorandum Opinion & Order 
and Order on Reconsideration, ET Docket No. 13-44, RM-11652, FCC 16-74, 
adopted May 14, 2015, and released May 15, 2016. The full text of this 
document is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room CY-A257), 445 12th Street SW., 
Washington, DC 20554. The full text may be downloaded at: https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-74A1.docx.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Synopsis

    3. The Commission had previously released a Report and Order in ET

[[Page 42265]]

Docket 13-44 that made many modifications to its equipment 
authorization rules and procedures. Subsequently, Motorola Solutions, 
Inc. (Motorola) and the Telecommunications Industry Association (TIA) 
filed separate petitions requesting reconsideration and/or 
clarification of the Report and Order. Both petitions focused on a 
narrow set of related issues, including the process for accreditation 
of testing laboratories located in countries that have not entered into 
a Mutual Recognition Agreement (MRA) with the United States and the 
transition period for such accreditation.
    4. The Memorandum Opinion and Order and Order on Reconsideration 
grants the petitions in part. To address petitioners' concerns that 
there is a lack of a clear process for the recognition of accrediting 
bodies within non-MRA countries, the Commission discussed how the 
criteria listed in Section 2.949 of its rules will apply to compliance 
testing laboratories that are seeking to become recognized by the 
Commission as properly accredited, and directed its Office of 
Engineering and Technology to publish whatever additional information 
is needed to address the form and substance application submissions 
should take. The Commission also extended the transition deadlines for 
testing laboratories to become accredited, an action that particularly 
affects laboratories currently operating under a specific rule 
provision that the Report and Order had eliminated. It found merit in 
the petitioners' concerns that many laboratories--including those 
located in countries that have not entered into a mutual recognition 
agreement MRA with the United States--would not be able to become 
accredited under the existing timeline. The Commission denied a request 
to let a Commission-recognized testing laboratory that is located in an 
MRA country vouch for a subsidiary located in non-MRA country, 
concluding that such action was not needed in light of the other relief 
it was providing.

Ordering Clauses

    5. Pursuant to Sections 1, 4(i), 7(a), 301, 302, 303(f), 303(g), 
303(r), 307(e) and 332 of the Communications Act of 1934, as amended, 
47 U.S.C. Sections 151, 154(i), 157(a), 301, 302a, 303(f), 303(g), 
303(r), 307(e), and 332, this Memorandum Opinion and Order and Order on 
Reconsideration is adopted.
    6. The rules and requirements adopted herein will be effective July 
29, 2016.
    7. The Petition for Reconsideration of The Telecommunications 
Industry Association is granted to the extent indicated herein and 
otherwise denied.
    8. The Petition for Partial Reconsideration of Motorola Solutions, 
Inc. is granted to the extent indicated herein and otherwise denied.
    9. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    10. The Commission will send a copy of this Memorandum Opinion and 
Order and Order on Reconsideration to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act. see 5 
U.S.C. 801(a)(1)(A).
    Pursuant to the authority contained in Sections 4(i), 4(j), and 303 
of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j) and 
303, that should no petitions for reconsideration or applications for 
review be timely filed, this proceeding is terminated and ET Docket No. 
13-44 is closed.

List of Subjects in 47 CFR Part 2

    Communications equipment, Reporting and recordkeeping requirements.


Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 2 as follows:

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

0
1. 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
2. Section 2.950 is amended by revising paragraph (e) to read as 
follows:


Sec.  2.950  Transition periods.

* * * * *
    (e) The Commission will no longer accept applications for Sec.  
2.948 test site listing as of July 13, 2015. Laboratories that are 
listed by the Commission under the Sec.  2.948 process will remain 
listed until the sooner of their expiration date or through July 12, 
2017 and may continue to submit test data in support of certification 
applications through October 12, 2017. Laboratories with an expiration 
date before July 13, 2017 may request the Commission to extend their 
expiration date through July 12, 2017.
* * * * *
[FR Doc. 2016-15336 Filed 6-28-16; 8:45 am]
BILLING CODE 6712-01-P

42264 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations

104–4). In addition, this action does not This action is not a ‘‘major rule’’ as FEDERAL COMMUNICATIONS
significantly or uniquely affect small defined by 5 U.S.C. 804(2). COMMISSION
governments or impose a significant
intergovernmental mandate, as Correction 47 CFR Part 2
described in sections 203 and 204 of In final rule FR Doc. 2016–00739, [ET Docket No. 13–44, RM–11652; FCC 16–
UMRA. This rule also does not have a published in the Federal Register on 74]
substantial direct effect on one or more January 20, 2016 (81 FR 2993), make the
Indian tribes, on the relationship Authorization of Radiofrequency
following correction:
between the Federal government and Equipment and Approval of Terminal
Indian tribes, or on the distribution of On page 3000, in the second column, Equipment by Telecommunications
power and responsibilities between the remove amendatory instruction 3.
Federal government and Indian tribes, AGENCY: Federal Communications
List of Subjects in 40 CFR Part 52 Commission.
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor Environmental protection, Air ACTION: Final rule.
will it have substantial direct effects on pollution control, Incorporation by SUMMARY: In this document the
the states, on the relationship between reference, Intergovernmental relations, Commission addresses two petitions for
the national government and the states, Particulate matter. reconsideration of its Report and Order
or on the distribution of power and
Dated: June 14, 2016. in this proceeding by describing how it
responsibilities among the various
Alexis Strauss, will implement the rules that govern
levels of government, as specified by
how it recognizes laboratories as
Executive Order 13132 (64 FR 43255, Acting Regional Administrator, Region IX.
accredited and authorized to perform
August 10, 1999). This rule also is not
Chapter I, title 40 of the Code of the compliance testing associated with
subject to Executive Order 13045,
Federal Regulations is amended as applications for equipment certification
‘‘Protection of Children from
follows: and the bodies that accredit those
Environmental Health Risks and Safety
laboratories and extending the transition
Risks’’ (62 FR 19885, April 23, 1997),
PART 52—APPROVAL AND period by which time all laboratories
because it is not economically
PROMULGATION OF that test for equipment certification
significant. In addition, this rule does
IMPLEMENTATION PLANS must have FCC-recognized accreditation
not involve technical standards, thus
to perform such testing.
the requirements of section 12(d) of the
National Technology Transfer and ■ 1. The authority citation for part 52 DATES: Effective July 29, 2016.
Advancement Act of 1995 (15 U.S.C. continues to read as follows: FOR FURTHER INFORMATION CONTACT:
272 note) do not apply. This rule also Authority: 42 U.S.C. 7401 et seq. Brian Butler, Office of Engineering and
does not impose an information Technology, (202) 418–2702, email:
collection burden under the provisions ■ 2. Section 52.247 is amended by Brian.Butler@fcc.gov, TTY (202) 418–
of the Paperwork Reduction Act of 1995 adding paragraph (f) to read as follows: 2989.
(44 U.S.C. 3501 et seq.). SUPPLEMENTARY INFORMATION:
§ 52.247 Control Strategy and regulations:
The Congressional Review Act, 5 Fine Particle Matter. 1. This document does not contain
U.S.C. 801 et seq., as added by the Small [new or modified] information
Business Regulatory Enforcement * * * * *
collection requirements subject to the
Fairness Act of 1996, generally provides (f) By August 21, 2017, California Paperwork Reduction Act of 1995
that before a rule may take effect, the must adopt and submit a Serious Area (PRA), Public Law 104–13.
agency promulgating the rule must plan to provide for attainment of the 2. This is a summary of the
submit a rule report, which includes a 2006 PM2.5 NAAQS in the San Joaquin Commission’s Memorandum Opinion &
copy of the rule, to each House of the Valley PM2.5 nonattainment area. The Order and Order on Reconsideration, ET
Congress and to the Comptroller General Serious Area plan must include Docket No. 13–44, RM–11652, FCC 16–
of the United States. Section 808 allows emissions inventories, an attainment 74, adopted May 14, 2015, and released
the issuing agency to make a rule demonstration, best available control May 15, 2016. The full text of this
effective sooner than otherwise measures, a reasonable further progress document is available for inspection
provided by the CRA if the agency plan, quantitative milestones, and copying during normal business
makes a good cause finding that notice contingency measures, and such other hours in the FCC Reference Center
and public procedure is impracticable, measures as may be necessary or (Room CY–A257), 445 12th Street SW.,
unnecessary or contrary to the public appropriate to provide for attainment of Washington, DC 20554. The full text
interest. This determination must be may be downloaded at: https://
the 2006 PM2.5 NAAQS by the
supported by a brief statement. 5 U.S.C. apps.fcc.gov/edocs_public/attachmatch/
applicable attainment date, in
808(2). As stated previously, the EPA FCC-16-74A1.docx.
has made such a good cause finding, accordance with the requirements of
People with Disabilities: To request
including the reasons therefore, and subparts 1 and 4 of part D, title I of the
materials in accessible formats for
established an effective date of June 29, Clean Air Act.
people with disabilities (braille, large
2016. The EPA will submit a report [FR Doc. 2016–15051 Filed 6–28–16; 8:45 am]
print, electronic files, audio format),
containing this rule and other required BILLING CODE 6560–50–P send an email to fcc504@fcc.gov or call
mstockstill on DSK3G9T082PROD with RULES

information to the U.S. Senate, the U.S. the Consumer & Governmental Affairs
House of Representatives, and the Bureau at 202–418–0530 (voice), 202–
Comptroller General of the United 418–0432 (tty).
States prior to publication of the rule in
the Federal Register. A major rule Synopsis
cannot take effect until 60 days after it 3. The Commission had previously
is published in the Federal Register. released a Report and Order in ET

VerDate Sep<11>2014 16:45 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 42265

Docket 13–44 that made many 7. The Petition for Reconsideration of expiration date before July 13, 2017 may
modifications to its equipment The Telecommunications Industry request the Commission to extend their
authorization rules and procedures. Association is granted to the extent expiration date through July 12, 2017.
Subsequently, Motorola Solutions, Inc. indicated herein and otherwise denied. * * * * *
(Motorola) and the Telecommunications 8. The Petition for Partial [FR Doc. 2016–15336 Filed 6–28–16; 8:45 am]
Industry Association (TIA) filed Reconsideration of Motorola Solutions, BILLING CODE 6712–01–P
separate petitions requesting Inc. is granted to the extent indicated
reconsideration and/or clarification of herein and otherwise denied.
the Report and Order. Both petitions 9. The Commission’s Consumer and
focused on a narrow set of related Governmental Affairs Bureau, Reference GENERAL SERVICES
issues, including the process for Information Center, shall send a copy of ADMINISTRATION
accreditation of testing laboratories this Report and Order, including the
located in countries that have not Final Regulatory Certification, to the 48 CFR Part 515
entered into a Mutual Recognition Chief Counsel for Advocacy of the Small
Agreement (MRA) with the United Business Administration. [Change 72; GSAR Case 2008–G506;
States and the transition period for such 10. The Commission will send a copy Corrections; Docket 2008–0007; Sequence
accreditation. of this Memorandum Opinion and 14]
4. The Memorandum Opinion and Order and Order on Reconsideration to
Order and Order on Reconsideration Congress and the Government RIN 3090–AI76
grants the petitions in part. To address Accountability Office pursuant to the
petitioners’ concerns that there is a lack Congressional Review Act. see 5 U.S.C. General Services Administration
of a clear process for the recognition of 801(a)(1)(A). Acquisition Regulation (GSAR);
accrediting bodies within non-MRA Pursuant to the authority contained in Rewrite of GSAR Part 515, Contracting
countries, the Commission discussed Sections 4(i), 4(j), and 303 of the by Negotiation; Corrections
how the criteria listed in Section 2.949 Communications Act, as amended, 47
U.S.C. 154(i), 154(j) and 303, that AGENCY: Office of Acquisition Policy,
of its rules will apply to compliance Office of Government-wide Policy,
testing laboratories that are seeking to should no petitions for reconsideration
or applications for review be timely General Services Administration (GSA).
become recognized by the Commission
filed, this proceeding is terminated and ACTION: Final rule; corrections.
as properly accredited, and directed its
Office of Engineering and Technology to ET Docket No. 13–44 is closed.
SUMMARY: The General Services
publish whatever additional List of Subjects in 47 CFR Part 2 Administration (GSA) is issuing a
information is needed to address the correction to Change 72; GSAR Case
Communications equipment,
form and substance application 2008–G506; Rewrite of GSAR Part 515,
Reporting and recordkeeping
submissions should take. The Contracting by Negotiation, which was
requirements.
Commission also extended the published in the Federal Register at 81
transition deadlines for testing Federal Communications Commission. FR 36423, June 6, 2016.
laboratories to become accredited, an Marlene H. Dortch,
DATES: Effective: July 6, 2016.
action that particularly affects Secretary.
laboratories currently operating under a FOR FURTHER INFORMATION CONTACT: For
specific rule provision that the Report Final Rules clarification about content, contact Ms.
and Order had eliminated. It found For the reasons discussed in the Dana Munson at 202–357–9652. For
merit in the petitioners’ concerns that preamble, the Federal Communications information pertaining to the status or
many laboratories—including those Commission amends 47 CFR part 2 as publication schedules, contact the
located in countries that have not follows: Regulatory Secretariat Division (MVCB),
entered into a mutual recognition 1800 F Street NW., Washington, DC
agreement MRA with the United PART 2—FREQUENCY ALLOCATIONS 20405, (202) 501–4755. Please cite
States—would not be able to become AND RADIO TREATY MATTERS; GSAR Case 2008–G506; Corrections.
accredited under the existing timeline. GENERAL RULES AND REGULATIONS SUPPLEMENTARY INFORMATION: GSA
The Commission denied a request to let published a document in the Federal
a Commission-recognized testing ■ 1. The authority citation for part 2 Register at 81 FR 36423, June 6, 2016,
laboratory that is located in an MRA continues to read as follows: inadvertently section 515.5 and 515.70
country vouch for a subsidiary located Authority: 47 U.S.C. 154, 302a, 303, and contained typographical errors.
in non-MRA country, concluding that 336, unless otherwise noted.
Corrections
such action was not needed in light of ■ 2. Section 2.950 is amended by
the other relief it was providing. In the rule FR Doc. 2016–13114,
revising paragraph (e) to read as follows:
published in the Federal Register at 81
Ordering Clauses FR 36423, June 6, 2016, make the
§ 2.950 Transition periods.
5. Pursuant to Sections 1, 4(i), 7(a), * * * * * following corrections:
301, 302, 303(f), 303(g), 303(r), 307(e) (e) The Commission will no longer 1. On page 36425, first column,
and 332 of the Communications Act of accept applications for § 2.948 test site instruction number 3, remove ‘‘revised’’
1934, as amended, 47 U.S.C. Sections listing as of July 13, 2015. Laboratories and add ‘‘continues’’ in its place.
mstockstill on DSK3G9T082PROD with RULES

151, 154(i), 157(a), 301, 302a, 303(f), that are listed by the Commission under 2. On page 36425, second column,
303(g), 303(r), 307(e), and 332, this the § 2.948 process will remain listed under the heading ‘‘515.5 and 515.70
Memorandum Opinion and Order and until the sooner of their expiration date [Removed]’’, revise instruction number
Order on Reconsideration is adopted. or through July 12, 2017 and may 7 to read as follows:
6. The rules and requirements continue to submit test data in support ‘‘7. Remove subparts 515.5 and
adopted herein will be effective July 29, of certification applications through 515.70.’’
2016. October 12, 2017. Laboratories with an Authority: 40 U.S.C. 121(c).

VerDate Sep<11>2014 16:45 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

Document Created: 2018-02-08 07:42:40
Document Modified: 2018-02-08 07:42:40

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 July 29, 2016.
Contact		Brian Butler, Office of Engineering and Technology, (202) 418-2702, email: [email protected], TTY (202) 418-2989.
FR Citation		81 FR 42264
CFR Associated		Communications Equipment and Reporting and Recordkeeping Requirements