81 FR 65984 - Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 186 (September 26, 2016)
Federal Register Volume 81, Issue 186 (September 26, 2016)
| Page Range | 65984-65987 | |
| FR Document | 2016-22978 |
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)] [Proposed Rules] [Pages 65984-65987] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22978] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [PS Docket No. 13-87; PS Docket No. 06-229, WT Docket No. 96-86, RM- 11433 and RM-11577, FCC 16-111] Service Rules Governing Narrowband Operations in the 769-775/799- 805 MHz Bands AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) seeks comment on proposals to amend the Commission's rules to promote spectrum efficiency, interoperability, and flexibility in 700 MHz public safety narrowband operations (769-775/799-805 MHz). By this action, the Commission affords interested parties an opportunity to submit comments on these proposed rule changes. DATES: Comments are due on or before October 26, 2016 and reply comments are due on or before November 10, 2016. FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Further Notice of Proposed Rulemaking (FNPRM) in PS Docket No. 13-87, FCC 16-111, released on August 22, 2016. The document is available for download at http://fjallfoss.fcc.gov/edocs_public/. The complete text of this document is also 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. 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). In this FNPRM, the Commission seeks comment on a proposal to facilitate the use of Vehicular Repeater Systems (VRS) on 700 MHz narrowband General Use and State License channels. In particular, it seeks comment on whether to amend the 700 MHz narrowband trunking rule and asks for comment on additional rule changes that may be necessary to accommodate vehicular repeater systems' operation on 700 MHz narrowband channels. This FNPRM also seeks comment on the Department of Homeland Security's (DHS) Project 25 Compliance Assessment Advisory Council (P25 CAP AP) list of 15 recommended feature sets and capabilities to facilitate interoperable communications between radios when operating in the conventional mode of P25 using the Common Air Interface (CAI) on the designated 700 MHz interoperability channels. The Commission seeks comment on whether to adopt all, some, or none, of the additional feature sets and capabilities recommended. This FNPRM also seeks comment on a recommendation by Motorola Solutions, Inc. (Motorola) to clarify Sections 90.547 and 90.548 of the Commission's rules that require that 700 MHz radios must be capable of being programmed to operate on the designated interoperability channels. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. 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). Interested parties may view documents filed in this proceeding on the Commission's Electronic Comment Filing System (ECFS) using the following steps: (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. (2) In the introductory screen, click on ``Search for Filed Comments.'' (3) In the ``Proceeding'' box, enter the numerals in the docket number. (4) Click on the box marked ``Retrieve Document List.'' A link to each document is provided in the document list. The public may inspect and copy filings and comments during regular business hours at the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The public may also download this FNPRM from the Commission's Web site at http://www.fcc.gov/. This proceeding shall be treated as a ``permit-but-disclose'' proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with 47 CFR [[Page 65985]] 1.1206(b). In proceedings governed by 47 CFR 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules. Procedural Matters A. Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (``RFA''), the Commission has prepared this Initial Regulatory Flexibility Analysis (``IRFA'') of the possible significant economic impact on a substantial number of small entities that might result from adoption of the rules proposed in the FNPRM. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the applicable deadlines for initial comments, or reply comments, as specified in the FNPRM. B. Need for, and Objectives of, the Proposed Rules In the FNPRM, we seek comment on whether to amend the Commission's rules governing 700 MHz public safety narrowband spectrum at 769-775 MHz and 799-805 MHz. The rule changes we seek comment on are intended to promote flexible and efficient use of public safety narrowband spectrum in the 700 MHz band while reducing the regulatory burdens on licensees wherever possible. In order to achieve these objectives, we seek comment in the FNPRM on exempting low power vehicular repeater systems from the narrowband trunking requirements. Exempting low power vehicular repeaters systems from the trunking requirements would facilitate rapid deployment of low power vehicular repeater systems as well as reduce burdens on public safety entities. We seek comment on whether to clarify the rules concerning the requirement that 700 MHz radios be capable of being programmed to operate on the designated interoperability channels. Clarification would provide greater certainty to equipment manufacturers on the required performance of their equipment. We also seek comment on whether to adopt a list of recommended feature sets and capabilities in order to ensure that radios operating in the conventional mode on the designated 700 MHz narrowband interoperability channels are in fact interoperable across vendors. Adopting such a list would promote certainty for public safety and manufacturers as well as promote competition in the public safety equipment market. We also seek comment on whether the Commission should instead informally encourage the agencies, funders and manufacturers to adopt voluntary best practices directed to improving interoperability, both technically and operationally. C. Legal Basis The legal basis for any action that may be taken pursuant to this FNPRM is contained in Sections 1, 4(i), 303, 316, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. 1, 154(i), 303, 316, 332, and 337. D. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). Public Safety Radio Licensees. As a general matter, Public Safety Radio licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. For the purpose of determining whether a Public Safety Radio licensee is a small business as defined by the SBA, we use the broad census category, Wireless Telecommunications Carriers (except Satellite). The Wireless Telecommunications Carriers (except satellite) industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular phone services, paging services, wireless Internet access, and wireless video services. The appropriate size standard under SBA rules for the category Wireless Telecommunications Carriers (except satellite) is that a business is small if it has 1,500 or fewer employees. Census data for 2007 show that there were 1,383 firms that operated for the entire year. Of this total, 1,368 firms had employment of fewer than 1000 employees. Thus under this category and the associated small business size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small. The Commission does not require Public Safety Radio licensees to disclose information about number of employees, so the Commission does not have information that could be used to determine how many Public Safety Radio licensees constitute small entities under this definition. Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. The U.S. Census defines this industry as comprising ``establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment. Examples of products made by the establishments are: Transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment. The SBA has established a size standard for this industry which classifies any businesses in this industry as small if it has 750 or fewer employees. Census data for 2007 indicate that 939 such businesses operated in that year. Of that number, 912 businesses operated with fewer than 500 employees. Based on this data, we conclude that a majority of businesses in this industry are small by the SBA standard. E. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements No rule proposed in the FNPRM will entail additional reporting, recordkeeping, and/or third-party consultation or other compliance requirement. F. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant, specifically small business alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): ``(1) the establishment of differing compliance or reporting [[Page 65986]] requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) and exemption from coverage of the rule, or any part thereof, for small entities.'' The FNPRM seeks comment on a proposed change to the rules covering operation of public safety systems on narrowband spectrum in the 700 MHz band. Specifically, the FNPRM seeks comment on whether the proposed rule changes to section 90.537 of the Commission's rules will promote efficient use of public safety narrowband spectrum in the band while reducing economic burdens on licensees. For the 700 MHz General Use and State License channels, section 90.537 provides that ``[a]ll systems using six or more narrowband channels in the 769-775 MHz and 799-805 MHz frequency bands must be trunked systems, except for those described in paragraph (b) of this section.'' In order to strike the proper balance between these two objectives, the FNPRM seeks comment, inter alia, on exempting low power vehicular repeaters from the 700 MHz narrowband trunking requirements. The FNPRM also seeks comment on maximizing interoperability by adopting a list of feature sets and capabilities in radios designed to operate in the conventional mode on the designated 700 MHz narrowband interoperability channels. Currently, the Commission's rules do not specify feature sets or capabilities that will promote interoperability across vendors and between users. Thus, we seek comment on whether it would be beneficial to incorporate into our rule specific feature sets and capabilities for radios designed to operate on the 700 MHz narrowband interoperability channels. G. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules None. H. Paperwork Reduction Act of 1995 Analysis This document does not contain proposed information collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104- 13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Ordering Clauses Accordingly, It is ordered that, pursuant to Sections 1, 4(i), 303, 316, 332, 337, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 316, 332, 337, 405, this Further Notice of Proposed Rulemaking is hereby adopted. It is further ordered that pursuant to applicable procedures set forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 1.415 and 1.419, interested parties may file comments on the NPRM on or before October 26, 2016, and reply comments on or before November 10, 2016. it is further ordered, that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Further Notice of Proposed Rulemaking, including the the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 90 Radio. Federal Communications Commission. Marlene Dortch, Secretary. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 90 as follows: PART 90--PRIVATE LAND MOBILE RADIO SERVICE 0 1. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156. 0 2. Amend Sec. 90.537 by revising paragraph (a) to read as follows: Sec. 90.537 Trunking requirement. (a) General use and State License channels. All systems using six or more narrowband channels in the 769-775 MHz and 799-805 MHz frequency bands must be trunked systems, except for low power vehicular repeaters (MO3) authorized on General Use and State License channels and those described in paragraph (b) of this section. * * * * * 0 3. Amend Sec. 90.548 by adding paragraph (d) to read as follows: Sec. 90.548 Interoperability Technical Standards. * * * * * (d) Mobile and portable transceivers must at a minimum include the following feature sets and capabilities while operating in the conventional mode in order to be validated for compliance with the Project 25 standards. (1) A subscriber unit must be capable of issuing an emergency alarm in a conventional system conforming to the following standard: TIA 102.BAAD-A Conventional Procedures, Section 4.2.2., released February 2010. (2) A subscriber unit must be capable of setting the emergency bit on all voice transmissions to notify units operating on the same channel that the user has declared an emergency situation conforming to the following standard: Project 25 Statement of Requirements, Section 2.1.2.25.1., released December 11, 2013. (3) A subscriber unit must conform to the unit and accessory mil- spec requirements in accordance with the following standard: Project 25 Statement of Requirements, Sections 1.3.3 through 1.3.3.5., released December 11, 2013. (4) A subscriber unit must be capable of issuing group calls in a conventional system in conformance with the following standard: Project 25 Statement of Requirements, Section 2.1.2.1., released December 11, 2013. (5) A subscriber unit must be capable of issuing private calls in a conventional system in conformance with the following standard: Project 25 Statement of Requirements, Section 2.1.2.3., released December 11, 2013. (6) The three Project 25 standard squelch modes must be supported in conformance with the following standard: Project 25 Statement of Requirements, Section 2.1.2.30, as effective on December 11, 2013. (7) A subscriber unit must properly implement the special ``Reserved'' conventional network access code (NAC) and talkgroup in conformance with the following standard: TIA TSB-102.CABA, released October 2010. (8) A subscriber unit must include ``No Call'' Talk Group ($0000) and ``All Call'' Talk Group ($FFFF) in conformance with the following standard: Project 25 Statement of Requirements, Section 2.1.2.34., released December 11, 2013. (9) A subscriber unit must be able to transmit and receive the appropriate status symbols to indicate that a channel is busy in both direct and repeater mode in conformance with the following standard: TIA TSB-102.CABA, released October 2010. [[Page 65987]] (10) A subscriber units must be compatible with C4FM and CQPSK Modulation in conformance with the following standard: TIA TSB- 102.CABA, released December 11, 2013. (11) A fixed conventional repeater must be able to repeat the correct/matching network access code (NAC) for all subscriber call types (clear and encrypted) using the same output NAC in conformance with the following standard: TIA TSB-102.CABA, released December 11, 2013. (12) A fixed conventional repeater must be able to repeat the correct/matching network access code (NAC) for all subscriber call types (clear and encrypted) using a different output NAC in conformance with the following standard: TIA TSB-102.CABA, released December 11, 2013. (13) A fixed conventional repeater must be able to reject (no repeat) all input transmissions with incorrect network access code (NAC) in conformance with the following standard; TIA TSB-102.CABA, released December 11, 2013. (14) A fixed conventional repeater must be able to support the correct status symbol indicating when an input channel is busy in conformance with the following standard: TIA TSB-102.CABA, released December 11, 2013. (15) A fixed conventional repeater must be able to support the correct implementation of special reserved network access code (NAC) values $293, $F7E, and $F7F in conformance with the following standard: TIA TSB-102.CABA, released December 11, 2013. [FR Doc. 2016-22978 Filed 9-23-16; 8:45 am] BILLING CODE 6712-01-P
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■ 9. On page 50670, second column, the To request materials in accessible filings must be addressed to the
third line of paragraph (c)(2)(i), the formats for people with disabilities Commission’s Secretary, Office of the
language, ‘‘provided in paragraphs (Braille, large print, electronic files, Secretary, Federal Communications
(c)(2)(ii) of this’’ is corrected to read audio format), send an email to Commission.
‘‘provided in paragraph (c)(2)(ii) of FCC504@fcc.gov or call the Consumer & • People with Disabilities: To request
this’’. Governmental Affairs Bureau at 202– materials in accessible formats for
■ 10. On page 50671, first column, the 418–0530 (voice), 202–418–0432 (TTY). people with disabilities (braille, large
fifth line of paragraph (g), the language, In this FNPRM, the Commission seeks print, electronic files, audio format),
‘‘31, 2003, except that paragraphs (a)(2)’’ comment on a proposal to facilitate the send an email to fcc504@fcc.gov or call
is corrected to read ‘‘31, 2003, except use of Vehicular Repeater Systems the Consumer & Governmental Affairs
that paragraphs (a)(2),’’. (VRS) on 700 MHz narrowband General Bureau at 202–418–0530 (voice), 202–
Use and State License channels. In 418–0432 (tty).
Martin V. Franks, particular, it seeks comment on whether Interested parties may view
Chief, Publications and Regulations Branch, to amend the 700 MHz narrowband documents filed in this proceeding on
Legal Processing Division, Associate Chief trunking rule and asks for comment on the Commission’s Electronic Comment
Counsel (Procedure and Administration). Filing System (ECFS) using the
additional rule changes that may be
[FR Doc. 2016–22938 Filed 9–23–16; 8:45 am] necessary to accommodate vehicular following steps: (1) Access ECFS at
BILLING CODE 4830–01–P repeater systems’ operation on 700 MHz http://www.fcc.gov/cgb/ecfs. (2) In the
narrowband channels. introductory screen, click on ‘‘Search
This FNPRM also seeks comment on for Filed Comments.’’ (3) In the
FEDERAL COMMUNICATIONS the Department of Homeland Security’s ‘‘Proceeding’’ box, enter the numerals in
COMMISSION (DHS) Project 25 Compliance the docket number. (4) Click on the box
Assessment Advisory Council (P25 CAP marked ‘‘Retrieve Document List.’’ A
47 CFR Part 90 AP) list of 15 recommended feature sets link to each document is provided in
[PS Docket No. 13–87; PS Docket No. 06– and capabilities to facilitate the document list. The public may
229, WT Docket No. 96–86, RM–11433 and interoperable communications between inspect and copy filings and comments
RM–11577, FCC 16–111] radios when operating in the during regular business hours at the
conventional mode of P25 using the FCC Reference Information Center, 445
Service Rules Governing Narrowband Common Air Interface (CAI) on the 12th Street SW., Room CY–A257,
Operations in the 769–775/799–805 designated 700 MHz interoperability Washington, DC 20554. The public may
MHz Bands channels. The Commission seeks also download this FNPRM from the
AGENCY: Federal Communications comment on whether to adopt all, some, Commission’s Web site at http://
or none, of the additional feature sets www.fcc.gov/.
Commission.
and capabilities recommended. This proceeding shall be treated as a
ACTION: Proposed rule. ‘‘permit-but-disclose’’ proceeding in
This FNPRM also seeks comment on
SUMMARY: In this document, the Federal a recommendation by Motorola accordance with the Commission’s ex
Communications Commission Solutions, Inc. (Motorola) to clarify parte rules. Persons making ex parte
(Commission) seeks comment on Sections 90.547 and 90.548 of the presentations must file a copy of any
proposals to amend the Commission’s Commission’s rules that require that 700 written presentation or a memorandum
rules to promote spectrum efficiency, MHz radios must be capable of being summarizing any oral presentation
interoperability, and flexibility in 700 programmed to operate on the within two business days after the
MHz public safety narrowband designated interoperability channels. presentation (unless a different deadline
operations (769–775/799–805 MHz). By Pursuant to sections 1.415 and 1.419 applicable to the Sunshine period
this action, the Commission affords of the Commission’s rules, 47 CFR applies). Persons making oral ex parte
interested parties an opportunity to 1.415, 1.419, interested parties may file presentations are reminded that
submit comments on these proposed comments and reply comments on or memoranda summarizing the
before the dates indicated on the first presentation must (1) list all persons
rule changes.
page of this document. Comments may attending or otherwise participating in
DATES: Comments are due on or before
be filed using the Commission’s the meeting at which the ex parte
October 26, 2016 and reply comments presentation was made, and (2)
Electronic Comment Filing System
are due on or before November 10, 2016. summarize all data presented and
(ECFS). See Electronic Filing of
FOR FURTHER INFORMATION CONTACT: John arguments made during the
Documents in Rulemaking Proceedings,
Evanoff, Policy and Licensing Division, 63 FR 24121 (1998). presentation. If the presentation
Public Safety and Homeland Security • Electronic Filers: Comments may be consisted in whole or in part of the
Bureau, (202) 418–0848 or filed electronically using the Internet by presentation of data or arguments
john.evanoff@fcc.gov. accessing the ECFS: http://fjall already reflected in the presenter’s
SUPPLEMENTARY INFORMATION: This is a foss.fcc.gov/ecfs2/. written comments, memoranda or other
summary of the Commission’s Further • Paper Filers: Parties who choose to filings in the proceeding, the presenter
Notice of Proposed Rulemaking file by paper must file an original and may provide citations to such data or
(FNPRM) in PS Docket No. 13–87, FCC one copy of each filing. If more than one arguments in his or her prior comments,
16–111, released on August 22, 2016. docket or rulemaking number appears in memoranda, or other filings (specifying
mstockstill on DSK3G9T082PROD with PROPOSALS
The document is available for download the caption of this proceeding, filers the relevant page and/or paragraph
at http://fjallfoss.fcc.gov/edocs_public/. must submit two additional copies for numbers where such data or arguments
The complete text of this document is each additional docket or rulemaking can be found) in lieu of summarizing
also available for inspection and number. them in the memorandum. Documents
copying during normal business hours Filings can be sent by hand or shown or given to Commission staff
in the FCC Reference Information messenger delivery, by commercial during ex parte meetings are deemed to
Center, Portals II, 445 12th Street SW., overnight courier, or by first-class or be written ex parte presentations and
Room CY–A257, Washington, DC 20554. overnight U.S. Postal Service mail. All must be filed consistent with 47 CFR
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requirements or timetables that take into Paperwork Relief Act of 2002, Public § 90.548 Interoperability Technical
account the resources available to small Law 107–198, see 44 U.S.C. 3506(c)(4). Standards.
entities; (2) the clarification, * * * * *
Ordering Clauses (d) Mobile and portable transceivers
consolidation, or simplification of
compliance or reporting requirements Accordingly, It is ordered that, must at a minimum include the
under the rule for small entities; (3) the pursuant to Sections 1, 4(i), 303, 316, following feature sets and capabilities
use of performance, rather than design, 332, 337, and 405 of the while operating in the conventional
standards; and (4) and exemption from Communications Act of 1934, as mode in order to be validated for
coverage of the rule, or any part thereof, amended, 47 U.S.C. 151, 154(i), 303, compliance with the Project 25
for small entities.’’ 316, 332, 337, 405, this Further Notice standards.
The FNPRM seeks comment on a of Proposed Rulemaking is hereby (1) A subscriber unit must be capable
proposed change to the rules covering adopted. of issuing an emergency alarm in a
operation of public safety systems on It is further ordered that pursuant to conventional system conforming to the
narrowband spectrum in the 700 MHz applicable procedures set forth in following standard: TIA 102.BAAD–A
band. Specifically, the FNPRM seeks §§ 1.415 and 1.419 of the Commission’s Conventional Procedures, Section 4.2.2.,
comment on whether the proposed rule rules, 1.415 and 1.419, interested parties released February 2010.
changes to section 90.537 of the may file comments on the NPRM on or (2) A subscriber unit must be capable
Commission’s rules will promote before October 26, 2016, and reply of setting the emergency bit on all voice
efficient use of public safety comments on or before November 10, transmissions to notify units operating
narrowband spectrum in the band while 2016. on the same channel that the user has
reducing economic burdens on it is further ordered, that the declared an emergency situation
licensees. For the 700 MHz General Use Commission’s Consumer and conforming to the following standard:
and State License channels, section Governmental Affairs Bureau, Reference Project 25 Statement of Requirements,
90.537 provides that ‘‘[a]ll systems Information Center, shall send a copy of Section 2.1.2.25.1., released December
using six or more narrowband channels this Further Notice of Proposed 11, 2013.
Rulemaking, including the the Initial (3) A subscriber unit must conform to
in the 769–775 MHz and 799–805 MHz
Regulatory Flexibility Analysis, to the the unit and accessory mil-spec
frequency bands must be trunked
Chief Counsel for Advocacy of the Small requirements in accordance with the
systems, except for those described in
Business Administration. following standard: Project 25 Statement
paragraph (b) of this section.’’ In order
of Requirements, Sections 1.3.3 through
to strike the proper balance between List of Subjects in 47 CFR Part 90 1.3.3.5., released December 11, 2013.
these two objectives, the FNPRM seeks
Radio. (4) A subscriber unit must be capable
comment, inter alia, on exempting low
of issuing group calls in a conventional
power vehicular repeaters from the 700 Federal Communications Commission.
system in conformance with the
MHz narrowband trunking Marlene Dortch, following standard: Project 25 Statement
requirements. The FNPRM also seeks Secretary. of Requirements, Section 2.1.2.1.,
comment on maximizing For the reasons discussed in the released December 11, 2013.
interoperability by adopting a list of preamble, the Federal Communications (5) A subscriber unit must be capable
feature sets and capabilities in radios Commission proposes to amend 47 CFR of issuing private calls in a conventional
designed to operate in the conventional part 90 as follows: system in conformance with the
mode on the designated 700 MHz following standard: Project 25 Statement
narrowband interoperability channels. PART 90—PRIVATE LAND MOBILE of Requirements, Section 2.1.2.3.,
Currently, the Commission’s rules do RADIO SERVICE released December 11, 2013.
not specify feature sets or capabilities (6) The three Project 25 standard
that will promote interoperability across ■ 1. The authority citation for part 90 squelch modes must be supported in
vendors and between users. Thus, we continues to read as follows: conformance with the following
seek comment on whether it would be Authority: Sections 4(i), 11, 303(g), 303(r), standard: Project 25 Statement of
beneficial to incorporate into our rule and 332(c)(7) of the Communications Act of Requirements, Section 2.1.2.30, as
specific feature sets and capabilities for 1934, as amended, 47 U.S.C. 154(i), 161, effective on December 11, 2013.
radios designed to operate on the 700 303(g), 303(r), and 332(c)(7), and Title VI of (7) A subscriber unit must properly
MHz narrowband interoperability the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112–96, 126 Stat. 156.
implement the special ‘‘Reserved’’
channels. conventional network access code
G. Federal Rules That May Duplicate, ■ 2. Amend § 90.537 by revising (NAC) and talkgroup in conformance
Overlap, or Conflict With the Proposed paragraph (a) to read as follows: with the following standard: TIA TSB–
Rules § 90.537 Trunking requirement.
102.CABA, released October 2010.
(8) A subscriber unit must include
None. (a) General use and State License ‘‘No Call’’ Talk Group ($0000) and ‘‘All
channels. All systems using six or more Call’’ Talk Group ($FFFF) in
H. Paperwork Reduction Act of 1995 narrowband channels in the 769–775
Analysis conformance with the following
MHz and 799–805 MHz frequency standard: Project 25 Statement of
This document does not contain bands must be trunked systems, except Requirements, Section 2.1.2.34.,
mstockstill on DSK3G9T082PROD with PROPOSALS
proposed information collection(s) for low power vehicular repeaters released December 11, 2013.
subject to the Paperwork Reduction Act (MO3) authorized on General Use and (9) A subscriber unit must be able to
of 1995 (PRA), Public Law 104–13. In State License channels and those transmit and receive the appropriate
addition, therefore, it does not contain described in paragraph (b) of this status symbols to indicate that a channel
any new or modified information section. is busy in both direct and repeater mode
collection burden for small business * * * * * in conformance with the following
concerns with fewer than 25 employees, ■ 3. Amend § 90.548 by adding standard: TIA TSB–102.CABA, released
pursuant to the Small Business paragraph (d) to read as follows: October 2010.
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![Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Proposed Rules 65987
(10) A subscriber units must be DATES: The advance notice of proposed subschedule of the annual R–1 reports,
compatible with C4FM and CQPSK rulemaking published on January 5, a specific definition of what should
Modulation in conformance with the 2009 (74 FR 248) is withdrawn and the constitute a movement of hazardous
following standard: TIA TSB– rulemaking proceeding is discontinued material for this purpose, whether that
102.CABA, released December 11, 2013. on September 22, 2016. definition should be limited to
(11) A fixed conventional repeater FOR FURTHER INFORMATION CONTACT: movements of ‘‘Toxic Inhalation
must be able to repeat the correct/ Allison Davis at (202) 245–0378. Hazards’’ or not, and the best operating
matching network access code (NAC) for Assistance for the hearing impaired is statistic (such as car-miles, revenue ton-
all subscriber call types (clear and available through the Federal miles, or revenue tons of hazardous
encrypted) using the same output NAC Information Relay Service (FIRS) at 1– materials movements) for URCS to use
in conformance with the following 800–877–8339. to allocate specified hazardous material
standard: TIA TSB–102.CABA, released SUPPLEMENTARY INFORMATION: On
costs to individual movements. In
December 11, 2013. January 5, 2009, in the above titled response to the ANPR, the Board
(12) A fixed conventional repeater docket, the Board issued an Advance received comments from multiple
must be able to repeat the correct/ Notice of Proposed Rulemaking (ANPR) stakeholders, as discussed below.1
matching network access code (NAC) for DOT agrees that ‘‘additional data
seeking public comment on whether
all subscriber call types (clear and should be reported to [USOA] in order
and how it should update its accounting
encrypted) using a different output NAC to identify and quantify these
and financial reporting for Class I rail
in conformance with the following [hazardous material] costs, and that
carriers and refine its Uniform Railroad URCS should attribute these costs to
standard: TIA TSB–102.CABA, released Costing System (URCS) to better capture
December 11, 2013. hazmat traffic alone rather than to the
the operating costs of transporting entirety of a carrier’s business.’’ (DOT
(13) A fixed conventional repeater hazardous materials. For the reasons
must be able to reject (no repeat) all Comment 2.)
stated below, we will discontinue this AAR, BNSF, CP, and UP generally
input transmissions with incorrect proceeding.
network access code (NAC) in agree with the Board’s stated goals in
The Board uses URCS to determine a this proceeding. (AAR Comment 2;
conformance with the following carrier’s variable costs in a variety of
standard; TIA TSB–102.CABA, released BNSF Comment 2, CP Comment 7, 9; UP
regulatory proceedings. The URCS Comment 7.) However, they also argue
December 11, 2013. model determines, for each Class I
(14) A fixed conventional repeater that changes to URCS would not
railroad, what portion of each category sufficiently address the railroad
must be able to support the correct of costs shown in that carrier’s Annual
status symbol indicating when an input industry’s concerns with transporting
Report to the Board (STB Form R–1) hazardous material. BNSF and NSR
channel is busy in conformance with represents its system-average variable underscore the risk of liability from a
the following standard: TIA TSB– cost for that year, expressed as a unit catastrophic accident (BNSF Comment
102.CABA, released December 11, 2013. cost. In the ANPR, the Board noted that 2; NSR Comment 2–3), while UP
(15) A fixed conventional repeater there may be unique operating costs stresses the importance of fairly
must be able to support the correct associated with the transportation of apportioning risk across all participants
implementation of special reserved hazardous materials that URCS does not in the supply chain (UP Comment 2).
network access code (NAC) values $293, attribute to those movements. As an The railroads argue that, even if the
$F7E, and $F7F in conformance with example, the Board suggested that the Board were to change URCS, they
the following standard: TIA TSB– transportation of hazardous materials should also be allowed to present the
102.CABA, released December 11, 2013. may require carriers to pay high unique costs of transporting hazardous
[FR Doc. 2016–22978 Filed 9–23–16; 8:45 am] insurance premiums, which would be materials in rate proceedings involving
BILLING CODE 6712–01–P spread across all traffic of the railroad hazardous materials. (See AAR
rather than being attributed specifically Comment 2; CP Comment 3–4, 9; NSR
to the transportation of the hazardous Comment 3; UP Comment 8–9.)
SURFACE TRANSPORTATION BOARD materials. Additionally, the Board noted ACC, AECC, and Diversified CPC
that the Uniform System of Accounts argue that the Board should not limit a
49 CFR Parts 1201, 1242 (USOA)—the accounting standards review of URCS by any single issue or
which Class I carriers must use to commodity, but should instead conduct
[Docket No. EP 681] prepare the financial statements that a broader review of URCS. (ACC
Class I Railroad Accounting and they submit to the Board—does not Comment 2; AECC Comment 2;
Financial Reporting—Transportation of include a separate classification for Diversified CPC Comment 8.) ACC also
Hazardous Materials hazardous material operations that argues that the proposed rulemaking
would allow for an accounting of the would be arbitrary and ill-advised
AGENCY: Surface Transportation Board. assets used and costs incurred in because, while some railroads have
ACTION:Advance notice of proposed providing such service. faced one-time costs from settlements of
rulemaking, withdrawal. The Board therefore sought comment claims, the railroads have reported few
on ‘‘whether and how it should improve
SUMMARY: The Surface Transportation its informational tools to better identify 1 The Board received comments from: The
Board is withdrawing the advance and attribute the costs of hazardous- American Chemistry Council, the Chlorine
mstockstill on DSK3G9T082PROD with PROPOSALS
notice of proposed rulemaking and material transportation movements,’’ Institute, The Fertilizer Institute, and the Edison
Electric Institute (collectively, ACC); Arkansas
discontinuing the EP 681 rulemaking including any revisions to the USOA Electric Cooperative Corporation (AECC); the
proceeding which sought comment on and improvements to the analytic Association of American Railroads (AAR); BNSF
whether and how it should update its capabilities of URCS. ANPR, slip op. at Railway Company (BNSF); Canadian Pacific
accounting and financial reporting for 2. The Board specifically sought Railway Company (CP); Diversified CPC
International, Inc. (Diversified CPC); Norfolk
Class I rail carriers to better capture the comment on several items, including Southern Railway Company (NSR); Union Pacific
operating costs of transporting how hazardous material operations and Railroad Company (UP); and the U.S. Department
hazardous materials. expenses could be reported in a of Transportation (DOT).
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Document Created: 2018-02-09 13:23:12
Document Modified: 2018-02-09 13:23:12
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments are due on or before October 26, 2016 and reply comments are due on or before November 10, 2016. | |
| Contact | John Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected] | |
| FR Citation | 81 FR 65984 |
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