83_FR_17206 83 FR 17131 - Improvement of Wireless Coverage Through the Use of Signal Boosters

83 FR 17131 - Improvement of Wireless Coverage Through the Use of Signal Boosters

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 75 (April 18, 2018)

Page Range17131-17137
FR Document2018-08030

In this document, the Federal Communications Commission proposes additional steps to enhance the usefulness of signal boosters in improving access to wireless service while continuing to guard against unacceptable interference to the operations of wireless providers. The proposals are intended to extend additional benefits to users of both Provider-Specific and Wideband Consumer Signal Boosters. Thus, the Commission proposes to expand the service bands on which all Consumer Signal Boosters may operate, develop consumer advisory requirements suitable for any embedded Consumer Signal Boosters (whether Provider-Specific or Wideband), and facilitate enterprise use of both Provider-Specific Consumer Signal Boosters and Wideband Consumer Signal Boosters.

Federal Register, Volume 83 Issue 75 (Wednesday, April 18, 2018)
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Proposed Rules]
[Pages 17131-17137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08030]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 20

[WT Docket No. 10-4; FCC 18-35]


Improvement of Wireless Coverage Through the Use of Signal 
Boosters

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document, the Federal Communications Commission 
proposes additional steps to enhance the usefulness of signal boosters 
in improving access to wireless service while continuing to guard 
against unacceptable interference to the operations of wireless 
providers. The proposals are intended to extend additional benefits to 
users of both Provider-Specific and Wideband Consumer Signal Boosters. 
Thus, the Commission proposes to expand the service bands on which all 
Consumer Signal Boosters may operate, develop consumer advisory 
requirements suitable for any embedded Consumer Signal Boosters 
(whether Provider-Specific or Wideband), and facilitate enterprise use 
of both Provider-Specific Consumer Signal Boosters and Wideband 
Consumer Signal Boosters.

DATES: Interested parties may file comments on or before May 18, 2018, 
and reply comments on or before June 18, 2018.

ADDRESSES: You may submit comments, identified by WT Docket No. 10-4, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Generally, 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.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington DC 20554.
    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).

FOR FURTHER INFORMATION CONTACT:  Amanda Huetinck at 
[email protected], of the Wireless Telecommunications Bureau, 
Mobility Division, (202) 418-7090. For additional information 
concerning the PRA information collection requirements contained in 
this document, contact Cathy Williams at (202) 418-2918 or send an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Further Notice of Proposed Rulemaking (Second Further Notice) in WT 
Docket No. 10-4, FCC 18-35, released on March 23, 2018. The complete 
text of the Second Further Notice, including all Appendices, is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, 445 12th Street SW, Room CY-A157, Washington, 
DC 20554, or by downloading the text from the Commission's website at 
https://apps.fcc.gov/edocs_public/attachmatch/FCC-18-35A1.pdf.
    Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Consumer and Government Affairs 
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

I. Second Further Notice

A. Additional Spectrum Bands

    1. In the Report and Order, adopted on February 20, 2013 (WT Docket 
No. 10-4) (Report and Order), the Commission authorized the use of 
Consumer Signal Boosters in the wireless radio service spectrum bands 
that were being used for the provision of commercial wireless services 
at the time: Cellular (824-849 MHz and 869-894 MHz), Broadband PCS 
(1850-1915 MHz and 1930-1995 MHz), AWS-1 (1710-1755 MHz and 2110-2155 
MHz), 700 MHz Lower A through E (698-746 MHz) and Upper C (746-757 MHz 
and 776-787 MHz) Blocks, and 800 MHz Enhanced Specialized Mobile Radio 
(ESMR) (817-824 MHz and 862-869 MHz). Recognizing that ``subscriber-
based services may be offered in additional bands in the future,'' the 
Commission also stated that, ``[a]s consumer demand for signal boosters 
in these bands arises,'' it would seek comment on ``how best to expand 
our signal booster framework to accommodate such additional bands.''
    2. To ensure that Consumer Signal Boosters continue to meet the 
needs of American telecommunications users, no matter what type of 
mobile device they use or on what band(s) that device operates, the 
Commission seeks comment on whether and how the Commission can expand 
the number of spectrum bands for which Consumer Signal Boosters are 
authorized. The Commission specifically seeks comment on whether to 
permit the operation of Consumer Signal Boosters in certain additional 
wireless radio service spectrum bands and how its technical rules would 
need to be amended to accommodate the additional bands.
    3. In determining which, if any, new bands are appropriate for use 
with Consumer Signal Boosters, the Commission considers: (1) Whether 
the band is used to provide services to consumers or other non-licensee 
users such as public safety responders (assuming they are using 
commercial spectrum rather than spectrum specifically designated for 
public safety); (2) whether a meaningful number of the licensees in the 
band will consent to Consumer Signal Booster operation; (3) the impact 
of other technologies and operations both within the band and in 
adjacent bands and whether Consumer Signal Booster operation would harm 
other users within the band or in adjacent bands (and vice versa); and 
(4) whether the current technical rules for signal boosters must be 
adjusted to

[[Page 17132]]

accommodate any such new service bands.
    4. With this criteria in mind, the Commission specifically seeks 
comment on whether it should authorize the operation of Consumer Signal 
Boosters in the 600 MHz (617-652 MHz and 663-698 MHz), WCS (2305-2320 
MHz and 2345-2360 MHz), and BRS/EBS (2495-2690 MHz) bands. Commenters 
should address how each consideration identified above weighs for or 
against including any of the proposed bands in its Consumer Signal 
Booster rules. Are there any other considerations that the Commission 
should take into account in determining whether new bands are 
appropriate for use with Consumer Signal Boosters? Are there other 
bands it should consider adding to its Consumer Signal Booster rules? 
To the extent that commenters support adding other bands to its 
Consumer Signal Booster rules, they should address the above listed 
considerations, and any others that commenters demonstrate are 
relevant, in relation to those specific band(s) as well.
    5. Further, are there costs associated with adding additional 
spectrum bands to the signal booster regime? What would be the 
benefits, quantifiable and otherwise, of permitting operation of 
Consumer Spectrum Boosters on additional bands? Are there any changes 
the Commission would need to make to its Consumer Signal Booster 
requirements and technical specifications to accommodate any additional 
bands that may be added to the rules? How can it balance the risk of 
releasing into the market Consumer Signal Boosters with the ability to 
operate on bands for which not all licensees have consented with the 
benefit to consumers of using the devices on the networks for which 
there is consent? Finally, the Commission also urges commenters to 
provide suggestions for other ways to expand the use of safe and 
reliable Consumer Signal Boosters.

B. Embedded Consumer Signal Boosters

    6. Despite the success of the Consumer Signal Booster regulatory 
regime, it appears that businesses that wish to embed Consumer Signal 
Boosters within vehicles have been stymied by section 20.21(f)(1)'s 
requirement that advisories be placed on the outside packaging of the 
device and on a label affixed to the device. Because these Consumer 
Signal Boosters are embedded within a vehicle, and the consumer neither 
has access to nor sees the device or its packaging, these businesses, 
as a practical matter, are unable to comply with section 20.21(f)(1).
    7. In light of the evolving use of Consumer Signal Boosters and the 
Commission's desire to encourage technological innovation, the 
Commission proposes to amend section 20.21(f)(1) for embedded Consumer 
Signal Boosters to provide alternative advisory language to that now 
found in section 20.21(f)(1)(iv)(A)(1) as well as an alternative to 
providing the advisory on the device and its packaging, as required by 
section 20.21(f)(1)(iii)-(iv). The Commission seek to strike a balance 
between providing flexibility in the Consumer Signal Booster 
marketplace and retaining the protections offered by the labeling 
requirement.
    8. To achieve this goal, the Commission proposes that in lieu of 
placing the required advisory on the device and its packaging, vehicle 
manufacturers, distributors, and retailers of embedded Consumer Signal 
Boosters instead be required to provide an alternative advisory to 
consumers in any materials provided at vehicle delivery, as well as to 
consumers when they register their vehicle with the vehicle 
manufacturer. The Commission emphasizes that these manufacturers, 
distributors, and retailers would remain responsible for ensuring that 
the alternative advisory is provided in any on-line, point-of-sale 
marketing materials and in any print or on-line owner's manual, as 
required by section 20.21(f)(1)(i)-(ii).
    9. Under the proposal, the alternative advisory would provide all 
the same warnings to consumers, including that they must register the 
embedded signal booster with and receive the consent of the appropriate 
wireless provider(s), and it additionally would include instructions 
for the consumer on how to disable the device for the specific vehicle. 
To provide maximum flexibility to manufacturers, distributors, and 
retailers of vehicles with embedded signal boosters, the Commission 
proposes to permit them both to craft their own processes for their 
customers to disable the device and to insert a description of that 
process into the advisory but would expect that the chosen mode be one 
that the average consumer easily can undertake.
    10. The Commission seeks comment on the above approach and asks 
commenters to provide information on the costs of complying with such a 
requirement. Do the benefits of providing an alternative delivery 
method for the advisory language for embedded Consumer Signal Boosters 
justify the costs that would be involved? Is the alternative advisory 
language sufficient to provide adequate notice to consumers? Is the 
method of delivery--via materials at vehicle delivery and in response 
to consumer registration of their vehicle with the vehicle 
manufacturer--a sufficient means of ensuring that consumers receive the 
advisory? Is this approach the best way the Commission can reduce the 
burden on businesses that wish to embed signal boosters in vehicles 
while ensuring consumers receive all necessary information? Is there a 
better way that the Commission can achieve this goal? If so, what is 
that approach and why is it superior? Commenters should discuss the 
costs and benefits of any proposals.
    11. In addition, how can the Commission address the situation where 
a vehicle owner who has complied with all obligations associated with 
the embedded Consumer Signal Booster in his vehicle sells the vehicle 
to a third party in a private transaction? Would a new signal booster 
registration be required for this new user? How can the Commission 
ensure that the new owner will satisfy the requirements for signal 
booster operation? What would be the responsibilities of a 
manufacturer, distributor, and/or retailer that has complied with all 
of its associated obligations for the original sale in such a scenario? 
Are there any other rules that the Commission would need to revise to 
achieve its goal of balancing the limitations faced in connection with 
providing sufficient information about operation in connection with 
embedded signal boosters with ensuring that the owner of the vehicle 
meets all the applicable obligations? Are there other types of embedded 
uses that the Commission should consider? If so, what other 
considerations are there? Finally, are there any other considerations 
regarding embedded Consumer Signal Boosters for which the Commission 
has not accounted and should?
    12. The Commission also seeks comment on how to treat waivers of 
section 21.20(f)(1) that it has granted to several companies for this 
purpose (WT Docket No. 10-4) (Labeling Waivers) following any rule 
change it adopts based upon the record compiled in response to the 
Second Further Notice. The Commission recognizes that its proposed 
rules differ from the waiver conditions, and, if the rules are adopted, 
the manufacturers party to the Labeling Waivers would need to alter 
their practices as a result. The Commission seeks comment on how it 
should handle the transition from the requirements of the Labeling 
Waivers to those of the proposed rules. How can the Commission best 
balance the

[[Page 17133]]

importance of timely compliance with the rule changes with the 
realities of their business? For example, should it require compliance 
by the production year following the rules' adoption so manufacturers 
are not forced to alter their manufacturing parameters mid-production?

C. Enterprise Use

    13. The rules adopted in the Report and Order were designed 
specifically to benefit the general consumer, and they have worked well 
to that end. In the associated Second Report and Order, released March 
23, 2018 (WT Docket No. 10-4) (Second Report and Order), the Commission 
provided flexibility for enterprise (i.e., any non-individual, such as 
a small business, public safety entity, school, hospital, or 
governmental organization) and individual subscribers of a wireless 
provider to operate a Provider-Specific Consumer Signal Booster for 
non-personal use on that provider's spectrum. In the Second Further 
Notice, the Commission considers whether and how to expand that 
flexibility to permit different types of enterprise entities to take 
advantage of the benefits of both Provider-Specific and Wideband 
Consumer Signal Boosters, while continuing to ensure that all signal 
boosters function safely on those networks and without causing harmful 
interference. Specifically, the Commission examines whether and how to 
enable enterprises (and individuals) to operate either type of Consumer 
Signal Booster--Provider-Specific or Wideband--on a provider's spectrum 
without subscribing to the provider's service. The Commission generally 
seeks comment on whether it should expand access to Consumer Signal 
Boosters in this way.
    14. The Commission observes that, to effect such a change and 
achieve the related public interest benefits, it would need to amend 
its Consumer Signal Booster rules both to: (1) Eliminate the personal 
use restriction on Wideband Consumer Signal Boosters, and (2) prescribe 
a method for non-subscribers to register a Consumer Signal Booster 
(whether Provider-Specific or Wideband) with and receive the consent of 
all relevant wireless providers.
1. Wideband Consumer Signal Booster Personal Use Restriction
    15. The personal use restriction guards against unauthorized 
operation of a signal booster on a wireless provider's network, while 
also providing a streamlined consent and registration process for 
consumers. This risk of unauthorized operation is present for Wideband 
Consumer Signal Boosters because they can operate on spectrum licensed 
to multiple wireless providers. While the personal use restriction was 
devised to stem this risk while providing convenience to consumers, it 
also effectively prevents enterprise use of Wideband Consumer Signal 
Boosters, thereby denying a crucial tool for improving wireless service 
access to a range of entities--including businesses of all sizes, 
public safety entities (using commercial spectrum), educational 
institutions, and others.
    16. On December 21, 2016, Wilson Electronics, LLC, filed a Petition 
for Further Rulemaking asking the Commission to eliminate the personal 
use restriction on the operation of Wideband Consumer Signal Boosters 
and adopt a multi-provider registration requirement for Wideband 
Consumer Signal Boosters (WT Docket No. 10-4). On March 3, 2017, the 
Wireless Telecommunications Bureau sought comment on the Wilson 
Petition (WT Docket No. 10-4) (Wilson Public Notice). Commenters 
responding to the Wilson Public Notice almost uniformly supported 
elimination of the personal use restriction for both types of boosters. 
They argued that Consumer Signal Boosters offer enterprises a cost-
effective way to boost signal coverage for employees and customers, 
that expanding access to these devices will promote public safety, and 
that the NPS has negated any potential interference concerns.
    17. Based upon the success of the Consumer Signal Booster rules 
thus far and the record before it, the Commission proposes to eliminate 
the personal use restriction on Wideband Consumer Signal Boosters and 
requests comment on this proposal. What are the potential benefits of 
eliminating the personal use restriction on Wideband Consumer Signal 
Boosters? Are there quantifiable economic benefits associated with this 
proposal? Would removal of this restriction on Wideband Consumer Signal 
Boosters increase the likelihood of harmful interference to wireless 
providers' networks? Are there, as one commenter claims, different and 
possibly more extensive technical and performance issues? Are there 
other possible costs associated with the possible removal of the 
personal use restriction on Wideband Consumer Signal Boosters? How 
might any costs or adverse effects balance against any benefits 
resulting from this proposed rule change? The Commission requests that 
commenters provide as much documentation and detail as possible in 
their comments on this proposal so that it can fairly evaluate the 
issues.
2. Subscriber Relationship
    18. Under the current rules, operators must be subscribers of the 
wireless provider on whose spectrum they use a Consumer Signal Booster 
and may register only with said provider. To use a Wideband Consumer 
Signal Booster for multiple providers under its current rules, a 
subscriber of each provider must register that same device with each 
respective provider.
    19. Accordingly, even if the Commission eliminates the personal use 
restriction for Wideband Consumer Signal Boosters as proposed, 
enterprise users still would be unable to operate a Wideband booster 
across multiple providers' spectrum unless they subscribed to each 
provider. The Commission therefore considers whether and how to permit 
non-subscribers to operate Provider-Specific or Wideband Consumer 
Signal Boosters and proposes a means for non-subscribers to register 
with and receive consent from providers to which they do not subscribe, 
while ensuring that providers maintain control over their networks.
    20. Section 301 of the Communications Act requires a valid FCC 
license to operate a radio frequency transmitting device, such as a 
signal booster. The Commission in the Report and Order noted that 
wireless providers must retain sufficient control over Consumer Signal 
Boosters to avoid violating Section 310(d) of the Act and thus 
authorized Consumer Signal Boosters under wireless providers' blanket 
licenses and required that signal booster operators be subscribers who 
must obtain the consent of their wireless provider and register their 
Consumer Signal Booster with that provider. By all accounts, this 
framework has worked as intended, and wireless providers have retained 
required control of their operations, with interference to wireless 
networks being almost nonexistent.
    21. The Commission proposes to extend this paradigm so that a non-
subscriber may operate a Consumer Signal Booster under the provider's 
blanket license subject to an arrangement with the provider. This 
arrangement would serve as a substitute for the subscriber relationship 
while retaining the consent and registration components of its 
framework. Similar to a subscriber agreement, such an arrangement could 
include any appropriate rights, restrictions, and obligations the 
provider believes it must impose on the non-subscriber. In this way, 
wireless providers would continue to maintain control over their 
licensed spectrum in compliance with section

[[Page 17134]]

310(d) while enterprise users and individuals would have the 
flexibility to operate boosters across wireless networks, including 
taking advantage of any alternative approaches to facilitating the 
operation of Consumer Signal Boosters by non-subscribers.
    22. The Commission also proposes that non-subscriber registrants 
would have to agree to and accept certain terms established by the 
wireless provider on whose spectrum the Consumer Signal Booster would 
operate. The details of the arrangement between the wireless provider 
and a non-subscriber registrant generally would be left to the wireless 
providers to implement, but at minimum the Commission proposes that any 
such arrangement must require that the registrant:
     Prior to operation, obtain the consent of the licensee for 
any network operating in the range of the signal booster;
     Prior to operation, register the signal booster with the 
licensee for any network on which the booster will be operated;
     Operate the Consumer Signal Booster only with approved 
antennas, cables, and/or coupling devices as specified by the 
manufacturer of the booster;
     Operate the signal booster only on frequencies used for 
the provision of subscriber-based services, as specified in section 
20.21(e)(3);
     Because operation of Consumer Signal Boosters is on a 
secondary, non-interference basis to primary services licensed for the 
frequency bands on which they transmit, upon request of an FCC 
representative or a licensee experiencing harmful interference,
    [cir] Cooperate in determining the source of the interference, and
    [cir] If necessary, deactivate the signal booster immediately, or 
as soon as practicable, if immediate deactivation is not possible;
     Use a signal booster that meets the Network Protection 
Standard in Section 20.21(e);
     Use a signal booster that is appropriately labeled as 
required by Section 20.21(f); and
     Not deactivate any features of the signal booster that are 
designed to prevent harmful interference to wireless networks. These 
features must be enabled and operating at all times that the signal 
booster is in use.
    23. The Commission seeks comment on these proposed terms. Are they 
adequate to achieve its goals? More specifically, is the requirement 
that operators receive consent of all providers ``operating in the 
range of the signal booster'' feasible? What costs would this 
requirement entail for the purchasers/operators of Consumer Signal 
Boosters? The Commission seeks comment on whether wireless providers 
may charge a registration fee to non-subscribers. Should it set up a 
system for registrants to determine which providers are in range of 
their signal booster? Should the providers themselves set up such a 
system? Should the Commission include any additional protections for 
consumers? How could these arrangements be enforced against a non-
subscriber? Are there other ways in which the Commission can ease the 
registration and consent requirements for small businesses? If a 
commenter suggests alternative or additional terms, or a different 
approach to the establishment of an arrangement between a wireless 
provider and a non-subscriber Consumer Signal Booster registrant, its 
comments should explain the purpose and feasibility of such different 
or additional terms, and should also address how any arrangement meets 
the requirements of sections 301 and 310(d) of the Communications Act.
    24. As with the current subscriber framework, the Commission 
intends that this registration process (which also would include the 
establishment of the relationship between the wireless provider and the 
non-subscriber Consumer Signal Booster operator) would constitute the 
provider's consent to the non-subscriber registrant's operation of the 
signal booster. To be clear, the signal booster's operator would need 
to register with each and every provider on whose network the signal 
booster might operate. The registered operator would remain responsible 
for the signal booster as defined by the Commission's rules, while 
other users could utilize the signal booster without registering. If an 
individual chose to operate a booster for his personal use on his 
subscribing provider's network, however, the individual simply would 
follow the current framework and register only with that provider. The 
Commission seeks comment on this proposed framework. Does it achieve 
the goals of expanding access to Consumer Signal Boosters while 
adequately providing licensees with control over their networks? Is 
there a better way to achieve this goal?
    25. If the Commission allows individuals and enterprises to 
register with and seek consent from wireless providers other than those 
to which they subscribe, it observes it also must alter the required 
advisory language for Consumer Signal Boosters, specifically the 
statement that ``BEFORE USE, you MUST REGISTER THIS DEVICE with your 
wireless provider and have your provider's consent. Most wireless 
providers consent to the use of signal boosters. Some providers may not 
consent to the use of this device on their network. If you are unsure, 
contact your provider.'' The Commission proposes to alter this language 
to make clear to purchasers that any Consumer Signal Booster must be 
registered with one or more wireless providers and that it may not be 
used with any provider in the absence of their prior consent. The 
Commission also proposes to include language directing signal booster 
purchasers/operators to an FCC web page that will guide them to 
determine with which provider(s) they must register and from whom they 
must receive consent before initiating any operation of the signal 
booster. The Commission preliminarily anticipates that the FCC web page 
would include tools so that a Consumer Signal Booster purchaser/
operator could determine whether it needed to register with only one, 
or with multiple providers and to assist the purchaser/operator in 
identifying which providers might be within range of the signal booster 
when operated. The Commission seeks comment on this proposal. Is it 
likely to promote compliance with its requirements for Consumer Signal 
Boosters or might it instead lead to purchasers, particularly 
individuals, ignoring the requirements? Is there a simpler way to 
include the required information in an advisory that accompanies the 
Consumer Signal Boosters? Is there a more efficient way for signal 
booster purchasers/operators to obtain this information?
    26. The Commission also considers what action it should take with 
respect to Mobile Consumer Signal Boosters if it moves forward with its 
overall proposal. While Mobile Consumer Signal Boosters generally are 
used by consumers for their personal use and only on their own 
provider's mobile network (e.g., in their personal car), other non-
personal uses across multiple wireless providers' spectrum are possible 
as well. For example, commercial bus or train lines that travel across 
multiple markets may choose to deploy a mobile booster for their 
passengers' use. The Commission proposes that such enterprises would be 
required to register their Mobile Consumer Signal Boosters with all 
providers within range of the signal booster, even though the number of 
such wireless providers may well be larger than those for a fixed 
signal booster, as the bus or train would be

[[Page 17135]]

moving through multiple markets. Would imposing this registration 
requirement for mobile signal boosters be burdensome on entities like 
bus and train lines, or would it simply be considered a requirement of 
doing business? Is there an alternative way to address the need for 
registration of mobile signal boosters that would maintain the 
integrity of its registration and consent requirement?
    27. Finally, the Commission seeks comment on whether either or both 
of its proposals above (to eliminate the personal use restriction for 
Wideband Consumer Signal Boosters and to allow non-subscribers to 
operate Consumer Signal Boosters on the networks of all wireless 
providers) require any additional rule changes. For example, would 
either proposal require any technical rule changes? Are enterprise 
users likely to place their Consumer Signal Boosters in locations that 
are more prone to causing interference, for example, outdoors or on top 
of tall buildings? Should the Commission consider placing restrictions 
on where Consumer Signal Boosters may be operated? Is there a technical 
reason to limit how many Consumer Signal Boosters one operator may 
deploy? Sprint, for example, points out that using multiple Consumer 
Signal Boosters to cover a large industrial, retail, or other facility 
is not ideal, ``as the performance of the boosters is not optimized for 
such deployments.'' Are there any other considerations?

II. Procedural Matters

A. Paperwork Reduction Act Analysis

    28. The Second Further Notice contains proposed modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks 
specific comment on how we might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.
    29. The Initial Regulatory Flexibility Analysis (IRFA) is in 
Appendix D of the Second Further Notice.

B. Initial Regulatory Flexibility Analysis

    30. As required by the RFA, the Commission has prepared an Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities of the rule 
revisions proposed in the Second Further Notice. The analysis is found 
in Appendix D of the Second Further Notice. The Commission requests 
written public comment on the analysis. Comments must be filed in 
accordance with the same deadlines as comments filed in response to the 
Second Further Notice, and must have a separate and distinct heading 
designating them as responses to the IRFA. The Commission's Consumer 
and Governmental Affairs Bureau, Reference Information Center, will 
send a copy of the Second Further Notice, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration, in 
accordance with the RFAs.

C. Ex Parte Presentations

    31. This proceeding shall continue to 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 rule 1.1206(b). In proceedings governed by 
rule 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 Commission's Electronic Comment Filing System 
(ECFS) 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.
    32. 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).

III. Ordering Clauses

    33. Accordingly, it is ordered, pursuant to Sections 1, 4(i), 4(j), 
7, 301, 302, and 303 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 154(j), 157, 301, 302, and 303, that the Second 
Further Notice of Proposed Rulemaking in WT Docket No. 10-4 is adopted.
    34. It is further ordered that, pursuant to applicable procedures 
set forth in Sections 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, 1.419, interested parties may file comments on the Second 
Further Notice of Proposed Rulemaking on or before 30 days after 
publication in the Federal Register and reply comments on or before 60 
days after publication in the Federal Register.
    35. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second Further Notice of Proposed Rulemaking, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 20

    Communications common carriers, Communications equipment, Radio.


Federal Communications Commission.
Katura Jackson,
Federal Register Liaison. Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 20 as follows:

PART 20--COMMERCIAL MOBILE RADIO SERVICES

0
1. The authority citation for Part 20 continues to read as follows:

    Authority:  47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316,

[[Page 17136]]

316(a), 332, 610, 615, 615a, 615b, 615c, unless otherwise noted.

0
2. Amend Sec.  20.21 by revising paragraphs (a), (f), (g), and (h) to 
read as follows:


Sec.  20.21  Signal boosters.

    (a) Operation of Consumer Signal Boosters.--(1) For personal use by 
a subscriber. A subscriber in good standing of a commercial mobile 
radio service system may operate a Consumer Signal Booster under the 
authorization held by the licensee providing service to the subscriber, 
provided that the subscriber complies with paragraphs (a)(1)(i) through 
(a)(1)(vi) of this section. Failure to comply with all applicable rules 
in this section and all applicable technical rules for the frequency 
band(s) of operation voids the authority to operate the Consumer Signal 
Booster.
    (i) Prior to operation, the subscriber obtains the consent of the 
licensee providing service to the subscriber;
    (ii) Prior to operation, the subscriber registers the Consumer 
Signal Booster with the licensee providing service to the subscriber;
    (iii) The subscriber only operates the Consumer Signal Booster with 
approved antennas, cables, and/or coupling devices as specified by the 
manufacturer of the Consumer Signal Booster;
    (iv) The subscriber operates the Consumer Signal Booster on 
frequencies used for the provision of subscriber-based services as 
specified by paragraph (e)(3) of this section;
    (v) The Consumer Signal Booster complies with paragraphs (e), (f), 
(g), and (h) of this section and Sec.  2.907 of this chapter; and
    (vi) The subscriber may not deactivate any features of the Consumer 
Signal Booster that are designed to prevent harmful interference to 
wireless networks. These features must be enabled and operating at all 
times the signal booster is in use.
    (2) For non-personal use. An individual or non-individual may 
operate a Consumer Signal Booster under the authorization held by the 
licensee(s) of the spectrum on which the Consumer Signal Booster 
operates, provided that the operator complies with paragraphs (a)(2)(i) 
through (a)(2)(vi) of this section. Failure to comply with all 
applicable rules in this section and all applicable technical rules for 
the frequency band(s) of operation voids the authority to operate the 
Consumer Signal Booster.
    (i) Prior to operation, the operator obtains the consent of the 
licensee(s) of the spectrum on which the Consumer Signal Booster 
operates;
    (ii) Prior to operation, the operator registers the Consumer Signal 
Booster with the licensee(s) of the spectrum on which the Consumer 
Signal Booster operates;
    (iii) The operator only operates the Consumer Signal Booster with 
approved antennas, cables, and/or coupling devices as specified by the 
manufacturer of the Consumer Signal Booster;
    (iv) The operator operates the Consumer Signal Booster on 
frequencies used for the provision of subscriber-based services as 
specified by paragraph (e)(3) of this section;
    (v) The Consumer Signal Booster complies with paragraphs (e), (f), 
(g), and (h) of this section and Sec.  2.907 of this chapter; and
    (vi) The operator may not deactivate any features of the Consumer 
Signal Booster that are designed to prevent harmful interference to 
wireless networks. These features must be enabled and operating at all 
times the signal booster is in use.
* * * * *
    (f) Signal Booster Labeling Requirements.
    (1) Consumer Signal Boosters.
    (i) Consumer Signal Booster manufacturers, distributors, and 
retailers must ensure that all signal boosters include the following 
advisory:
    This is a CONSUMER device.
    BEFORE USE, you MUST REGISTER THIS DEVICE with the appropriate 
wireless provider(s) and have that provider's consent. Most wireless 
providers consent to the use of signal boosters. Some providers may not 
consent to the use of this device on their network. Please visit 
www.fcc.gov/X to determine the provider(s) with which you must register 
and from which you must receive consent.
    You MUST operate this device with approved antennas and cables as 
specified by the manufacturer. Antennas MUST be installed at least 20 
cm (8 inches) from any person.
    You MUST cease operating this device immediately if requested by 
the FCC or a licensed wireless service provider.
    WARNING. E911 location information may not be provided or may be 
inaccurate for calls served by using this device.
    (ii) The label for Consumer Signal Boosters certified for fixed 
indoor operation also must include the following language:
    This device may be operated ONLY in a fixed location for in-
building use.
    (iii) These advisories must be included:
    (A) In on-line, point-of-sale marketing materials,
    (B) In any owner's manual and installation instructions (whether in 
print or on-line),
    (C) On the outside packaging of the device, and
    (D) On a label affixed to the device.
    (iv) In lieu of the requirements of paragraphs (f)(1)(i), and 
(f)(1)(iii)(C and (D) of this section, vehicle manufacturers, vehicle 
distributors, and vehicle retailers of vehicles with embedded Consumer 
Signal Boosters must use the following alternative advisory in any 
materials provided at vehicle delivery and when the consumer registers 
the vehicle with the vehicle manufacturer:
    This vehicle contains a CONSUMER SIGNAL BOOSTER device.
    BEFORE USE, you MUST REGISTER THIS SIGNAL BOOSTER DEVICE with the 
appropriate wireless provider(s) and have that provider's consent. Most 
wireless providers consent to the use of signal boosters. Some 
providers may not consent to the use of this device on their network. 
Please visit www.fcc.gov/X to determine with which provider(s) you must 
register and from which you must receive consent.
    If a wireless provider does not consent to the use of this device 
on its network, or if you are directed to cease operating the device by 
the FCC or a licensed wireless service provider, you MUST 
[manufacturer, distributor, and/or retailer insert instruction to 
consumer].
    WARNING. E911 location information may not be provided or may be 
inaccurate for calls served by using this device.
    (v) A Consumer Signal Booster label may contain an acknowledgement 
that particular provider(s) have given their consent for all consumers 
to use the device. Such an acknowledgement shall be inserted prior to, 
``Some providers may not consent to the use of this device on their 
network.'' The remaining language of the advisory shall remain the 
same.
    (2) Industrial Signal Boosters. (i) Industrial Signal Booster 
manufacturers, distributors, and retailers must ensure that all signal 
boosters, include the following advisory:
    WARNING. This is NOT a CONSUMER device. It is designed for 
installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have 
an FCC LICENSE or express consent of an FCC Licensee to operate this 
device. Unauthorized use may result in significant forfeiture 
penalties, including penalties in excess of $100,000 for each 
continuing violation.
    (g) Marketing and Sale of Signal Boosters. Except as provided in 
Sec.  2.803

[[Page 17137]]

of this chapter, no person, manufacturer, distributor, or retailer may 
market (as defined in Sec.  2.803 of this chapter) any Consumer Signal 
Booster that does not comply with the requirements of this section to 
any person in the United States or to any person intending to operate 
the Consumer Signal Booster within the United States.
    (h) Registration. (1) Each licensee consenting to the operation of 
a Consumer Signal Booster must establish a free registration mechanism 
for subscribers and register all, including non-subscriber, Consumer 
Signal Boosters to which it consents. A licensee must establish a 
registration mechanism within 90 days of consenting to the operation of 
a Consumer Signal Booster. At a minimum, a licensee must collect:
    (i) The name of the Consumer Signal Booster owner and/or operator, 
if different individuals;
    (ii) The make, model, and serial number of the device;
    (iii) The location of the device; and
    (iv) The date of initial operation. Licensee consent is voluntary 
and may be withdrawn at the licensee's discretion.
    (2) In addition, for any non-subscriber registration, at a minimum, 
the registrant must:
    (i) Prior to operation, obtain the consent of the licensee for any 
network operating in the range of the signal booster;
    (ii) Prior to operation, register the signal booster with the 
licensee for any network on which the booster will be operated;
    (iii) Operate the Consumer Signal Booster only with approved 
antennas, cables, and/or coupling devices as specified by the 
manufacturer of the booster;
    (iv) Operate the signal booster only on frequencies used for the 
provision of subscriber-based services, as specified by paragraph 
(e)(3) of this section;
    (v) Because operation of Consumer Signal Boosters is on a 
secondary, non-interference basis to primary services licensed for the 
frequency bands on which they transmit, upon request of an FCC 
representative or a licensee experiencing harmful interference,
    (A) Cooperate in determining the source of the interference, and
    (B) If necessary, deactivate the signal booster immediately, or as 
soon as practicable, if immediate deactivation is not possible;
    (vi) Use a signal booster that meets the Network Protection 
Standard as required by paragraph (e) of this section;
    (vii) Use a signal booster that is appropriately labeled as 
required by paragraph (f) of this section; and
    (viii) Not deactivate any features of the signal booster that are 
designed to prevent harmful interference to wireless networks. These 
features must be enabled and operating at all times the signal booster 
is in use.

[FR Doc. 2018-08030 Filed 4-17-18; 8:45 am]
 BILLING CODE 6712-01-P



                                                                      Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules                                         17131

                                                 Dated: April 9. 2018.                                 filings must be addressed to the                       I. Second Further Notice
                                               Onis ‘‘Trey’’ Glenn, III,                               Commission’s Secretary, Office of the
                                                                                                                                                              A. Additional Spectrum Bands
                                               Regional Administrator, Region 4.                       Secretary, Federal Communications
                                               [FR Doc. 2018–08137 Filed 4–17–18; 8:45 am]             Commission.                                              1. In the Report and Order, adopted
                                               BILLING CODE 6560–50–P                                     • All hand-delivered or messenger-                  on February 20, 2013 (WT Docket No.
                                                                                                       delivered paper filings for the                        10–4) (Report and Order), the
                                                                                                       Commission’s Secretary must be                         Commission authorized the use of
                                               FEDERAL COMMUNICATIONS                                  delivered to FCC Headquarters at 445                   Consumer Signal Boosters in the
                                               COMMISSION                                              12th St. SW, Room TW–A325,                             wireless radio service spectrum bands
                                                                                                       Washington, DC 20554. The filing hours                 that were being used for the provision
                                               47 CFR Part 20                                          are 8:00 a.m. to 7:00 p.m. All hand                    of commercial wireless services at the
                                                                                                       deliveries must be held together with                  time: Cellular (824–849 MHz and 869–
                                               [WT Docket No. 10–4; FCC 18–35]                                                                                894 MHz), Broadband PCS (1850–1915
                                                                                                       rubber bands or fasteners. Any
                                               Improvement of Wireless Coverage                        envelopes and boxes must be disposed                   MHz and 1930–1995 MHz), AWS–1
                                               Through the Use of Signal Boosters                      of before entering the building.                       (1710–1755 MHz and 2110–2155 MHz),
                                                                                                                                                              700 MHz Lower A through E (698–746
                                                                                                          • Commercial overnight mail (other
                                               AGENCY:  Federal Communications                                                                                MHz) and Upper C (746–757 MHz and
                                                                                                       than U.S. Postal Service Express Mail
                                               Commission.                                                                                                    776–787 MHz) Blocks, and 800 MHz
                                                                                                       and Priority Mail) must be sent to 9300
                                               ACTION: Proposed rule.                                                                                         Enhanced Specialized Mobile Radio
                                                                                                       East Hampton Drive, Capitol Heights,
                                                                                                                                                              (ESMR) (817–824 MHz and 862–869
                                               SUMMARY:    In this document, the Federal               MD 20743.
                                                                                                                                                              MHz). Recognizing that ‘‘subscriber-
                                               Communications Commission proposes                         • U.S. Postal Service first-class,                  based services may be offered in
                                               additional steps to enhance the                         Express, and Priority mail must be                     additional bands in the future,’’ the
                                               usefulness of signal boosters in                        addressed to 445 12th Street SW,                       Commission also stated that, ‘‘[a]s
                                               improving access to wireless service                    Washington DC 20554.                                   consumer demand for signal boosters in
                                               while continuing to guard against                          People with Disabilities: To request                these bands arises,’’ it would seek
                                               unacceptable interference to the                        materials in accessible formats for                    comment on ‘‘how best to expand our
                                               operations of wireless providers. The                   people with disabilities (Braille, large               signal booster framework to
                                               proposals are intended to extend                        print, electronic files, audio format),                accommodate such additional bands.’’
                                               additional benefits to users of both                    send an email to fcc504@fcc.gov or call                  2. To ensure that Consumer Signal
                                               Provider-Specific and Wideband                          the Consumer & Governmental Affairs                    Boosters continue to meet the needs of
                                               Consumer Signal Boosters. Thus, the                     Bureau at 202–418–0530 (voice), 202–                   American telecommunications users, no
                                               Commission proposes to expand the                       418–0432 (TTY).                                        matter what type of mobile device they
                                               service bands on which all Consumer                                                                            use or on what band(s) that device
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                               Signal Boosters may operate, develop                                                                           operates, the Commission seeks
                                               consumer advisory requirements                          Amanda Huetinck at
                                                                                                       Amanda.huetinck@fcc.gov, of the                        comment on whether and how the
                                               suitable for any embedded Consumer                                                                             Commission can expand the number of
                                               Signal Boosters (whether Provider-                      Wireless Telecommunications Bureau,
                                                                                                       Mobility Division, (202) 418–7090. For                 spectrum bands for which Consumer
                                               Specific or Wideband), and facilitate                                                                          Signal Boosters are authorized. The
                                               enterprise use of both Provider-Specific                additional information concerning the
                                                                                                       PRA information collection                             Commission specifically seeks comment
                                               Consumer Signal Boosters and                                                                                   on whether to permit the operation of
                                               Wideband Consumer Signal Boosters.                      requirements contained in this
                                                                                                       document, contact Cathy Williams at                    Consumer Signal Boosters in certain
                                               DATES: Interested parties may file                                                                             additional wireless radio service
                                                                                                       (202) 418–2918 or send an email to
                                               comments on or before May 18, 2018,                     PRA@fcc.gov.                                           spectrum bands and how its technical
                                               and reply comments on or before June                                                                           rules would need to be amended to
                                               18, 2018.                                               SUPPLEMENTARY INFORMATION:       This is a             accommodate the additional bands.
                                               ADDRESSES: You may submit comments,                     summary of the Commission’s Second                       3. In determining which, if any, new
                                               identified by WT Docket No. 10–4, by                    Further Notice of Proposed Rulemaking                  bands are appropriate for use with
                                               any of the following methods:                           (Second Further Notice) in WT Docket                   Consumer Signal Boosters, the
                                                  • Electronic Filers: Comments may be                 No. 10–4, FCC 18–35, released on March                 Commission considers: (1) Whether the
                                               filed electronically using the internet by              23, 2018. The complete text of the                     band is used to provide services to
                                               accessing the Commission’s Electronic                   Second Further Notice, including all                   consumers or other non-licensee users
                                               Comment Filing System (ECFS): http://                   Appendices, is available for inspection                such as public safety responders
                                               fjallfoss.fcc.gov/ecfs2/. See Electronic                and copying during normal business                     (assuming they are using commercial
                                               Filing of Documents in Rulemaking                       hours in the FCC Reference Center, 445                 spectrum rather than spectrum
                                               Proceedings, 63 FR 24121 (1998).                        12th Street SW, Room CY–A157,                          specifically designated for public
                                                  • Paper Filers: Parties who choose to                Washington, DC 20554, or by                            safety); (2) whether a meaningful
                                               file by paper must file an original and                 downloading the text from the                          number of the licensees in the band will
                                               one copy of each filing. Generally, if                  Commission’s website at https://                       consent to Consumer Signal Booster
                                               more than one docket or rulemaking                      apps.fcc.gov/edocs_public/attachmatch/                 operation; (3) the impact of other
                                                                                                       FCC-18-35A1.pdf.
amozie on DSK30RV082PROD with PROPOSALS




                                               number appears in the caption of this                                                                          technologies and operations both within
                                               proceeding, filers must submit two                        Alternative formats are available for                the band and in adjacent bands and
                                               additional copies for each additional                   people with disabilities (Braille, large               whether Consumer Signal Booster
                                               docket or rulemaking number.                            print, electronic files, audio format), by             operation would harm other users
                                                  • Filings can be sent by hand or                     sending an email to FCC504@fcc.gov or                  within the band or in adjacent bands
                                               messenger delivery, by commercial                       calling the Consumer and Government                    (and vice versa); and (4) whether the
                                               overnight courier, or by first-class or                 Affairs Bureau at (202) 418–0530                       current technical rules for signal
                                               overnight U.S. Postal Service mail. All                 (voice), (202) 418–0432 (TTY).                         boosters must be adjusted to


                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                               17132                  Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules

                                               accommodate any such new service                        unable to comply with section                          sufficient to provide adequate notice to
                                               bands.                                                  20.21(f)(1).                                           consumers? Is the method of delivery—
                                                  4. With this criteria in mind, the                      7. In light of the evolving use of                  via materials at vehicle delivery and in
                                               Commission specifically seeks comment                   Consumer Signal Boosters and the                       response to consumer registration of
                                               on whether it should authorize the                      Commission’s desire to encourage                       their vehicle with the vehicle
                                               operation of Consumer Signal Boosters                   technological innovation, the                          manufacturer—a sufficient means of
                                               in the 600 MHz (617–652 MHz and 663–                    Commission proposes to amend section                   ensuring that consumers receive the
                                               698 MHz), WCS (2305–2320 MHz and                        20.21(f)(1) for embedded Consumer                      advisory? Is this approach the best way
                                               2345–2360 MHz), and BRS/EBS (2495–                      Signal Boosters to provide alternative                 the Commission can reduce the burden
                                               2690 MHz) bands. Commenters should                      advisory language to that now found in                 on businesses that wish to embed signal
                                               address how each consideration                          section 20.21(f)(1)(iv)(A)(1) as well as an            boosters in vehicles while ensuring
                                               identified above weighs for or against                  alternative to providing the advisory on               consumers receive all necessary
                                               including any of the proposed bands in                  the device and its packaging, as required              information? Is there a better way that
                                               its Consumer Signal Booster rules. Are                  by section 20.21(f)(1)(iii)–(iv). The                  the Commission can achieve this goal?
                                               there any other considerations that the                 Commission seek to strike a balance                    If so, what is that approach and why is
                                               Commission should take into account in                  between providing flexibility in the                   it superior? Commenters should discuss
                                               determining whether new bands are                       Consumer Signal Booster marketplace                    the costs and benefits of any proposals.
                                               appropriate for use with Consumer                       and retaining the protections offered by                  11. In addition, how can the
                                               Signal Boosters? Are there other bands                  the labeling requirement.                              Commission address the situation where
                                               it should consider adding to its                           8. To achieve this goal, the                        a vehicle owner who has complied with
                                               Consumer Signal Booster rules? To the                   Commission proposes that in lieu of                    all obligations associated with the
                                                                                                       placing the required advisory on the                   embedded Consumer Signal Booster in
                                               extent that commenters support adding
                                                                                                       device and its packaging, vehicle                      his vehicle sells the vehicle to a third
                                               other bands to its Consumer Signal
                                                                                                       manufacturers, distributors, and                       party in a private transaction? Would a
                                               Booster rules, they should address the
                                                                                                       retailers of embedded Consumer Signal                  new signal booster registration be
                                               above listed considerations, and any
                                                                                                       Boosters instead be required to provide                required for this new user? How can the
                                               others that commenters demonstrate are
                                                                                                       an alternative advisory to consumers in                Commission ensure that the new owner
                                               relevant, in relation to those specific
                                                                                                       any materials provided at vehicle                      will satisfy the requirements for signal
                                               band(s) as well.
                                                                                                       delivery, as well as to consumers when                 booster operation? What would be the
                                                  5. Further, are there costs associated               they register their vehicle with the                   responsibilities of a manufacturer,
                                               with adding additional spectrum bands                   vehicle manufacturer. The Commission                   distributor, and/or retailer that has
                                               to the signal booster regime? What                      emphasizes that these manufacturers,                   complied with all of its associated
                                               would be the benefits, quantifiable and                 distributors, and retailers would remain               obligations for the original sale in such
                                               otherwise, of permitting operation of                   responsible for ensuring that the                      a scenario? Are there any other rules
                                               Consumer Spectrum Boosters on                           alternative advisory is provided in any                that the Commission would need to
                                               additional bands? Are there any changes                 on-line, point-of-sale marketing                       revise to achieve its goal of balancing
                                               the Commission would need to make to                    materials and in any print or on-line                  the limitations faced in connection with
                                               its Consumer Signal Booster                             owner’s manual, as required by section                 providing sufficient information about
                                               requirements and technical                              20.21(f)(1)(i)–(ii).                                   operation in connection with embedded
                                               specifications to accommodate any                          9. Under the proposal, the alternative              signal boosters with ensuring that the
                                               additional bands that may be added to                   advisory would provide all the same                    owner of the vehicle meets all the
                                               the rules? How can it balance the risk                  warnings to consumers, including that                  applicable obligations? Are there other
                                               of releasing into the market Consumer                   they must register the embedded signal                 types of embedded uses that the
                                               Signal Boosters with the ability to                     booster with and receive the consent of                Commission should consider? If so,
                                               operate on bands for which not all                      the appropriate wireless provider(s),                  what other considerations are there?
                                               licensees have consented with the                       and it additionally would include                      Finally, are there any other
                                               benefit to consumers of using the                       instructions for the consumer on how to                considerations regarding embedded
                                               devices on the networks for which there                 disable the device for the specific                    Consumer Signal Boosters for which the
                                               is consent? Finally, the Commission                     vehicle. To provide maximum flexibility                Commission has not accounted and
                                               also urges commenters to provide                        to manufacturers, distributors, and                    should?
                                               suggestions for other ways to expand the                retailers of vehicles with embedded                       12. The Commission also seeks
                                               use of safe and reliable Consumer Signal                signal boosters, the Commission                        comment on how to treat waivers of
                                               Boosters.                                               proposes to permit them both to craft                  section 21.20(f)(1) that it has granted to
                                               B. Embedded Consumer Signal Boosters                    their own processes for their customers                several companies for this purpose (WT
                                                                                                       to disable the device and to insert a                  Docket No. 10–4) (Labeling Waivers)
                                                 6. Despite the success of the                         description of that process into the                   following any rule change it adopts
                                               Consumer Signal Booster regulatory                      advisory but would expect that the                     based upon the record compiled in
                                               regime, it appears that businesses that                 chosen mode be one that the average                    response to the Second Further Notice.
                                               wish to embed Consumer Signal                           consumer easily can undertake.                         The Commission recognizes that its
                                               Boosters within vehicles have been                         10. The Commission seeks comment                    proposed rules differ from the waiver
                                               stymied by section 20.21(f)(1)’s                        on the above approach and asks                         conditions, and, if the rules are adopted,
amozie on DSK30RV082PROD with PROPOSALS




                                               requirement that advisories be placed                   commenters to provide information on                   the manufacturers party to the Labeling
                                               on the outside packaging of the device                  the costs of complying with such a                     Waivers would need to alter their
                                               and on a label affixed to the device.                   requirement. Do the benefits of                        practices as a result. The Commission
                                               Because these Consumer Signal Boosters                  providing an alternative delivery                      seeks comment on how it should handle
                                               are embedded within a vehicle, and the                  method for the advisory language for                   the transition from the requirements of
                                               consumer neither has access to nor sees                 embedded Consumer Signal Boosters                      the Labeling Waivers to those of the
                                               the device or its packaging, these                      justify the costs that would be involved?              proposed rules. How can the
                                               businesses, as a practical matter, are                  Is the alternative advisory language                   Commission best balance the


                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                                                      Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules                                          17133

                                               importance of timely compliance with                    Boosters because they can operate on                   2. Subscriber Relationship
                                               the rule changes with the realities of                  spectrum licensed to multiple wireless                    18. Under the current rules, operators
                                               their business? For example, should it                  providers. While the personal use                      must be subscribers of the wireless
                                               require compliance by the production                    restriction was devised to stem this risk              provider on whose spectrum they use a
                                               year following the rules’ adoption so                   while providing convenience to                         Consumer Signal Booster and may
                                               manufacturers are not forced to alter                   consumers, it also effectively prevents                register only with said provider. To use
                                               their manufacturing parameters mid-                     enterprise use of Wideband Consumer                    a Wideband Consumer Signal Booster
                                               production?                                             Signal Boosters, thereby denying a                     for multiple providers under its current
                                                                                                       crucial tool for improving wireless                    rules, a subscriber of each provider must
                                               C. Enterprise Use
                                                                                                       service access to a range of entities—                 register that same device with each
                                                  13. The rules adopted in the Report                  including businesses of all sizes, public
                                               and Order were designed specifically to                                                                        respective provider.
                                                                                                       safety entities (using commercial                         19. Accordingly, even if the
                                               benefit the general consumer, and they                  spectrum), educational institutions, and
                                               have worked well to that end. In the                                                                           Commission eliminates the personal use
                                                                                                       others.                                                restriction for Wideband Consumer
                                               associated Second Report and Order,                        16. On December 21, 2016, Wilson
                                               released March 23, 2018 (WT Docket                                                                             Signal Boosters as proposed, enterprise
                                                                                                       Electronics, LLC, filed a Petition for
                                               No. 10–4) (Second Report and Order),                                                                           users still would be unable to operate a
                                                                                                       Further Rulemaking asking the
                                               the Commission provided flexibility for                                                                        Wideband booster across multiple
                                                                                                       Commission to eliminate the personal
                                               enterprise (i.e., any non-individual,                                                                          providers’ spectrum unless they
                                                                                                       use restriction on the operation of
                                               such as a small business, public safety                 Wideband Consumer Signal Boosters                      subscribed to each provider. The
                                               entity, school, hospital, or governmental               and adopt a multi-provider registration                Commission therefore considers
                                               organization) and individual subscribers                requirement for Wideband Consumer                      whether and how to permit non-
                                               of a wireless provider to operate a                     Signal Boosters (WT Docket No. 10–4).                  subscribers to operate Provider-Specific
                                               Provider-Specific Consumer Signal                       On March 3, 2017, the Wireless                         or Wideband Consumer Signal Boosters
                                               Booster for non-personal use on that                    Telecommunications Bureau sought                       and proposes a means for non-
                                               provider’s spectrum. In the Second                      comment on the Wilson Petition (WT                     subscribers to register with and receive
                                               Further Notice, the Commission                          Docket No. 10–4) (Wilson Public                        consent from providers to which they
                                               considers whether and how to expand                     Notice). Commenters responding to the                  do not subscribe, while ensuring that
                                               that flexibility to permit different types              Wilson Public Notice almost uniformly                  providers maintain control over their
                                               of enterprise entities to take advantage                supported elimination of the personal                  networks.
                                               of the benefits of both Provider-Specific               use restriction for both types of boosters.               20. Section 301 of the
                                               and Wideband Consumer Signal                            They argued that Consumer Signal                       Communications Act requires a valid
                                               Boosters, while continuing to ensure                    Boosters offer enterprises a cost-                     FCC license to operate a radio frequency
                                               that all signal boosters function safely                effective way to boost signal coverage                 transmitting device, such as a signal
                                               on those networks and without causing                   for employees and customers, that                      booster. The Commission in the Report
                                               harmful interference. Specifically, the                 expanding access to these devices will                 and Order noted that wireless providers
                                               Commission examines whether and how                     promote public safety, and that the NPS                must retain sufficient control over
                                               to enable enterprises (and individuals)                 has negated any potential interference                 Consumer Signal Boosters to avoid
                                               to operate either type of Consumer                      concerns.                                              violating Section 310(d) of the Act and
                                               Signal Booster—Provider-Specific or                        17. Based upon the success of the                   thus authorized Consumer Signal
                                               Wideband—on a provider’s spectrum                       Consumer Signal Booster rules thus far                 Boosters under wireless providers’
                                               without subscribing to the provider’s                   and the record before it, the                          blanket licenses and required that signal
                                               service. The Commission generally                       Commission proposes to eliminate the                   booster operators be subscribers who
                                               seeks comment on whether it should                      personal use restriction on Wideband                   must obtain the consent of their wireless
                                               expand access to Consumer Signal                        Consumer Signal Boosters and requests                  provider and register their Consumer
                                               Boosters in this way.                                   comment on this proposal. What are the                 Signal Booster with that provider. By all
                                                  14. The Commission observes that, to                 potential benefits of eliminating the                  accounts, this framework has worked as
                                               effect such a change and achieve the                    personal use restriction on Wideband                   intended, and wireless providers have
                                               related public interest benefits, it would              Consumer Signal Boosters? Are there                    retained required control of their
                                               need to amend its Consumer Signal                       quantifiable economic benefits                         operations, with interference to wireless
                                               Booster rules both to: (1) Eliminate the                associated with this proposal? Would                   networks being almost nonexistent.
                                               personal use restriction on Wideband                    removal of this restriction on Wideband                   21. The Commission proposes to
                                               Consumer Signal Boosters, and (2)                       Consumer Signal Boosters increase the                  extend this paradigm so that a non-
                                               prescribe a method for non-subscribers                  likelihood of harmful interference to                  subscriber may operate a Consumer
                                               to register a Consumer Signal Booster                   wireless providers’ networks? Are there,               Signal Booster under the provider’s
                                               (whether Provider-Specific or                           as one commenter claims, different and                 blanket license subject to an
                                               Wideband) with and receive the consent                  possibly more extensive technical and                  arrangement with the provider. This
                                               of all relevant wireless providers.                     performance issues? Are there other                    arrangement would serve as a substitute
                                                                                                       possible costs associated with the                     for the subscriber relationship while
                                               1. Wideband Consumer Signal Booster                     possible removal of the personal use                   retaining the consent and registration
                                               Personal Use Restriction                                restriction on Wideband Consumer                       components of its framework. Similar to
amozie on DSK30RV082PROD with PROPOSALS




                                                  15. The personal use restriction                     Signal Boosters? How might any costs or                a subscriber agreement, such an
                                               guards against unauthorized operation                   adverse effects balance against any                    arrangement could include any
                                               of a signal booster on a wireless                       benefits resulting from this proposed                  appropriate rights, restrictions, and
                                               provider’s network, while also                          rule change? The Commission requests                   obligations the provider believes it must
                                               providing a streamlined consent and                     that commenters provide as much                        impose on the non-subscriber. In this
                                               registration process for consumers. This                documentation and detail as possible in                way, wireless providers would continue
                                               risk of unauthorized operation is                       their comments on this proposal so that                to maintain control over their licensed
                                               present for Wideband Consumer Signal                    it can fairly evaluate the issues.                     spectrum in compliance with section


                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                               17134                  Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules

                                               310(d) while enterprise users and                       would this requirement entail for the                  MUST REGISTER THIS DEVICE with
                                               individuals would have the flexibility to               purchasers/operators of Consumer                       your wireless provider and have your
                                               operate boosters across wireless                        Signal Boosters? The Commission seeks                  provider’s consent. Most wireless
                                               networks, including taking advantage of                 comment on whether wireless providers                  providers consent to the use of signal
                                               any alternative approaches to                           may charge a registration fee to non-                  boosters. Some providers may not
                                               facilitating the operation of Consumer                  subscribers. Should it set up a system                 consent to the use of this device on their
                                               Signal Boosters by non-subscribers.                     for registrants to determine which                     network. If you are unsure, contact your
                                                  22. The Commission also proposes                     providers are in range of their signal                 provider.’’ The Commission proposes to
                                               that non-subscriber registrants would                   booster? Should the providers                          alter this language to make clear to
                                               have to agree to and accept certain terms               themselves set up such a system?                       purchasers that any Consumer Signal
                                               established by the wireless provider on                 Should the Commission include any                      Booster must be registered with one or
                                               whose spectrum the Consumer Signal                      additional protections for consumers?                  more wireless providers and that it may
                                               Booster would operate. The details of                   How could these arrangements be                        not be used with any provider in the
                                               the arrangement between the wireless                    enforced against a non-subscriber? Are                 absence of their prior consent. The
                                               provider and a non-subscriber registrant                there other ways in which the                          Commission also proposes to include
                                               generally would be left to the wireless                 Commission can ease the registration                   language directing signal booster
                                               providers to implement, but at                          and consent requirements for small                     purchasers/operators to an FCC web
                                               minimum the Commission proposes                         businesses? If a commenter suggests                    page that will guide them to determine
                                               that any such arrangement must require                  alternative or additional terms, or a                  with which provider(s) they must
                                               that the registrant:                                    different approach to the establishment                register and from whom they must
                                                  • Prior to operation, obtain the                     of an arrangement between a wireless                   receive consent before initiating any
                                               consent of the licensee for any network                 provider and a non-subscriber                          operation of the signal booster. The
                                               operating in the range of the signal                    Consumer Signal Booster registrant, its                Commission preliminarily anticipates
                                               booster;                                                comments should explain the purpose                    that the FCC web page would include
                                                  • Prior to operation, register the                   and feasibility of such different or                   tools so that a Consumer Signal Booster
                                               signal booster with the licensee for any                additional terms, and should also                      purchaser/operator could determine
                                               network on which the booster will be                    address how any arrangement meets the                  whether it needed to register with only
                                               operated;                                               requirements of sections 301 and 310(d)                one, or with multiple providers and to
                                                  • Operate the Consumer Signal                        of the Communications Act.                             assist the purchaser/operator in
                                               Booster only with approved antennas,                       24. As with the current subscriber                  identifying which providers might be
                                               cables, and/or coupling devices as                      framework, the Commission intends                      within range of the signal booster when
                                               specified by the manufacturer of the                    that this registration process (which also             operated. The Commission seeks
                                               booster;                                                would include the establishment of the                 comment on this proposal. Is it likely to
                                                  • Operate the signal booster only on                 relationship between the wireless                      promote compliance with its
                                               frequencies used for the provision of                   provider and the non-subscriber                        requirements for Consumer Signal
                                               subscriber-based services, as specified                 Consumer Signal Booster operator)                      Boosters or might it instead lead to
                                               in section 20.21(e)(3);                                 would constitute the provider’s consent                purchasers, particularly individuals,
                                                  • Because operation of Consumer                      to the non-subscriber registrant’s                     ignoring the requirements? Is there a
                                               Signal Boosters is on a secondary, non-                 operation of the signal booster. To be                 simpler way to include the required
                                               interference basis to primary services                  clear, the signal booster’s operator
                                                                                                                                                              information in an advisory that
                                               licensed for the frequency bands on                     would need to register with each and
                                                                                                                                                              accompanies the Consumer Signal
                                               which they transmit, upon request of an                 every provider on whose network the
                                                                                                                                                              Boosters? Is there a more efficient way
                                               FCC representative or a licensee                        signal booster might operate. The
                                                                                                                                                              for signal booster purchasers/operators
                                               experiencing harmful interference,                      registered operator would remain
                                                                                                                                                              to obtain this information?
                                                  Æ Cooperate in determining the                       responsible for the signal booster as
                                               source of the interference, and                         defined by the Commission’s rules,                        26. The Commission also considers
                                                  Æ If necessary, deactivate the signal                while other users could utilize the                    what action it should take with respect
                                               booster immediately, or as soon as                      signal booster without registering. If an              to Mobile Consumer Signal Boosters if
                                               practicable, if immediate deactivation is               individual chose to operate a booster for              it moves forward with its overall
                                               not possible;                                           his personal use on his subscribing                    proposal. While Mobile Consumer
                                                  • Use a signal booster that meets the                provider’s network, however, the                       Signal Boosters generally are used by
                                               Network Protection Standard in Section                  individual simply would follow the                     consumers for their personal use and
                                               20.21(e);                                               current framework and register only                    only on their own provider’s mobile
                                                  • Use a signal booster that is                       with that provider. The Commission                     network (e.g., in their personal car),
                                               appropriately labeled as required by                    seeks comment on this proposed                         other non-personal uses across multiple
                                               Section 20.21(f); and                                   framework. Does it achieve the goals of                wireless providers’ spectrum are
                                                  • Not deactivate any features of the                 expanding access to Consumer Signal                    possible as well. For example,
                                               signal booster that are designed to                     Boosters while adequately providing                    commercial bus or train lines that travel
                                               prevent harmful interference to wireless                licensees with control over their                      across multiple markets may choose to
                                               networks. These features must be                        networks? Is there a better way to                     deploy a mobile booster for their
                                               enabled and operating at all times that                 achieve this goal?                                     passengers’ use. The Commission
amozie on DSK30RV082PROD with PROPOSALS




                                               the signal booster is in use.                              25. If the Commission allows                        proposes that such enterprises would be
                                                  23. The Commission seeks comment                     individuals and enterprises to register                required to register their Mobile
                                               on these proposed terms. Are they                       with and seek consent from wireless                    Consumer Signal Boosters with all
                                               adequate to achieve its goals? More                     providers other than those to which                    providers within range of the signal
                                               specifically, is the requirement that                   they subscribe, it observes it also must               booster, even though the number of
                                               operators receive consent of all                        alter the required advisory language for               such wireless providers may well be
                                               providers ‘‘operating in the range of the               Consumer Signal Boosters, specifically                 larger than those for a fixed signal
                                               signal booster’’ feasible? What costs                   the statement that ‘‘BEFORE USE, you                   booster, as the bus or train would be


                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                                                      Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules                                                 17135

                                               moving through multiple markets.                        Regulatory Flexibility Analysis (IRFA)                 Filing System (ECFS) available for that
                                               Would imposing this registration                        of the possible significant economic                   proceeding, and must be filed in their
                                               requirement for mobile signal boosters                  impact on a substantial number of small                native format (e.g., .doc, .xml, .ppt,
                                               be burdensome on entities like bus and                  entities of the rule revisions proposed in             searchable .pdf). Participants in this
                                               train lines, or would it simply be                      the Second Further Notice. The analysis                proceeding should familiarize
                                               considered a requirement of doing                       is found in Appendix D of the Second                   themselves with the Commission’s ex
                                               business? Is there an alternative way to                Further Notice. The Commission                         parte rules.
                                               address the need for registration of                    requests written public comment on the                   32. People with Disabilities. To
                                               mobile signal boosters that would                       analysis. Comments must be filed in                    request materials in accessible formats
                                               maintain the integrity of its registration              accordance with the same deadlines as                  for people with disabilities (braille,
                                               and consent requirement?                                comments filed in response to the                      large print, electronic files, audio
                                                  27. Finally, the Commission seeks                    Second Further Notice, and must have                   format), send an email to fcc504@fcc.gov
                                               comment on whether either or both of                    a separate and distinct heading                        or call the Consumer & Governmental
                                               its proposals above (to eliminate the                   designating them as responses to the                   Affairs Bureau at 202–418–0530 (voice),
                                               personal use restriction for Wideband                   IRFA. The Commission’s Consumer and                    202–418–0432 (tty).
                                               Consumer Signal Boosters and to allow                   Governmental Affairs Bureau, Reference
                                               non-subscribers to operate Consumer                     Information Center, will send a copy of                III. Ordering Clauses
                                               Signal Boosters on the networks of all                  the Second Further Notice, including                     33. Accordingly, it is ordered,
                                               wireless providers) require any                         the IRFA, to the Chief Counsel for                     pursuant to Sections 1, 4(i), 4(j), 7, 301,
                                               additional rule changes. For example,                   Advocacy of the Small Business                         302, and 303 of the Communications
                                               would either proposal require any                       Administration, in accordance with the                 Act of 1934, as amended, 47 U.S.C. 151,
                                               technical rule changes? Are enterprise                  RFAs.                                                  154(i), 154(j), 157, 301, 302, and 303,
                                               users likely to place their Consumer                    C. Ex Parte Presentations                              that the Second Further Notice of
                                               Signal Boosters in locations that are                                                                          Proposed Rulemaking in WT Docket No.
                                               more prone to causing interference, for                    31. This proceeding shall continue to               10–4 is adopted.
                                               example, outdoors or on top of tall                     be treated as a ‘‘permit-but-disclose’’                  34. It is further ordered that, pursuant
                                               buildings? Should the Commission                        proceeding in accordance with the                      to applicable procedures set forth in
                                               consider placing restrictions on where                  Commission’s ex parte rules. Persons                   Sections 1.415 and 1.419 of the
                                               Consumer Signal Boosters may be                         making ex parte presentations must file                Commission’s rules, 47 CFR 1.415,
                                               operated? Is there a technical reason to                a copy of any written presentation or a                1.419, interested parties may file
                                               limit how many Consumer Signal                          memorandum summarizing any oral
                                                                                                                                                              comments on the Second Further Notice
                                                                                                       presentation within two business days
                                               Boosters one operator may deploy?                                                                              of Proposed Rulemaking on or before 30
                                                                                                       after the presentation (unless a different
                                               Sprint, for example, points out that                                                                           days after publication in the Federal
                                                                                                       deadline applicable to the Sunshine
                                               using multiple Consumer Signal                                                                                 Register and reply comments on or
                                                                                                       period applies). Persons making oral ex
                                               Boosters to cover a large industrial,                                                                          before 60 days after publication in the
                                                                                                       parte presentations are reminded that
                                               retail, or other facility is not ideal, ‘‘as                                                                   Federal Register.
                                                                                                       memoranda summarizing the
                                               the performance of the boosters is not                                                                           35. It is further ordered that the
                                                                                                       presentation must (1) list all persons
                                               optimized for such deployments.’’ Are                                                                          Commission’s Consumer and
                                                                                                       attending or otherwise participating in
                                               there any other considerations?                                                                                Governmental Affairs Bureau, Reference
                                                                                                       the meeting at which the ex parte
                                                                                                       presentation was made, and (2)                         Information Center, shall send a copy of
                                               II. Procedural Matters
                                                                                                       summarize all data presented and                       the Second Further Notice of Proposed
                                               A. Paperwork Reduction Act Analysis                     arguments made during the                              Rulemaking, including the Initial
                                                  28. The Second Further Notice                        presentation. If the presentation                      Regulatory Flexibility Analysis, to the
                                               contains proposed modified information                  consisted in whole or in part of the                   Chief Counsel for Advocacy of the Small
                                               collection requirements. The                            presentation of data or arguments                      Business Administration.
                                               Commission, as part of its continuing                   already reflected in the presenter’s                   List of Subjects in 47 CFR Part 20
                                               effort to reduce paperwork burdens,                     written comments, memoranda or other
                                               invites the general public and the Office               filings in the proceeding, the presenter                 Communications common carriers,
                                               of Management and Budget (OMB) to                       may provide citations to such data or                  Communications equipment, Radio.
                                               comment on the information collection                   arguments in his or her prior comments,                Federal Communications Commission.
                                               requirements contained in this                          memoranda, or other filings (specifying                Katura Jackson,
                                               document, as required by the Paperwork                  the relevant page and/or paragraph                     Federal Register Liaison. Office of the
                                               Reduction Act of 1995, Public Law 104–                  numbers where such data or arguments                   Secretary.
                                               13. In addition, pursuant to the Small                  can be found) in lieu of summarizing
                                               Business Paperwork Relief Act of 2002,                  them in the memorandum. Documents                      Proposed Rules
                                               Public Law 107–198, see 44 U.S.C.                       shown or given to Commission staff                       For the reasons discussed in the
                                               3506(c)(4), the Commission seeks                        during ex parte meetings are deemed to                 preamble, the Federal Communications
                                               specific comment on how we might                        be written ex parte presentations and                  Commission proposes to amend 47 CFR
                                               further reduce the information                          must be filed consistent with rule                     part 20 as follows:
                                               collection burden for small business                    1.1206(b). In proceedings governed by
amozie on DSK30RV082PROD with PROPOSALS




                                               concerns with fewer than 25 employees.                  rule 1.49(f) or for which the                          PART 20—COMMERCIAL MOBILE
                                                  29. The Initial Regulatory Flexibility               Commission has made available a                        RADIO SERVICES
                                               Analysis (IRFA) is in Appendix D of the                 method of electronic filing, written ex
                                               Second Further Notice.                                  parte presentations and memoranda                      ■ 1. The authority citation for Part 20
                                                                                                       summarizing oral ex parte                              continues to read as follows:
                                               B. Initial Regulatory Flexibility Analysis              presentations, and all attachments                       Authority: 47 U.S.C. 151, 152(a) 154(i),
                                                 30. As required by the RFA, the                       thereto, must be filed through the                     157, 160, 201, 214, 222, 251(e), 301, 302, 303,
                                               Commission has prepared an Initial                      Commission’s Electronic Comment                        303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316,



                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                               17136                  Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules

                                               316(a), 332, 610, 615, 615a, 615b, 615c,                   (ii) Prior to operation, the operator                  (B) In any owner’s manual and
                                               unless otherwise noted.                                 registers the Consumer Signal Booster                  installation instructions (whether in
                                               ■ 2. Amend § 20.21 by revising                          with the licensee(s) of the spectrum on                print or on-line),
                                               paragraphs (a), (f), (g), and (h) to read as            which the Consumer Signal Booster                         (C) On the outside packaging of the
                                               follows:                                                operates;                                              device, and
                                                                                                          (iii) The operator only operates the                   (D) On a label affixed to the device.
                                               § 20.21   Signal boosters.                              Consumer Signal Booster with approved                     (iv) In lieu of the requirements of
                                                  (a) Operation of Consumer Signal                     antennas, cables, and/or coupling                      paragraphs (f)(1)(i), and (f)(1)(iii)(C and
                                               Boosters.—(1) For personal use by a                     devices as specified by the manufacturer               (D) of this section, vehicle
                                               subscriber. A subscriber in good                        of the Consumer Signal Booster;                        manufacturers, vehicle distributors, and
                                               standing of a commercial mobile radio                      (iv) The operator operates the                      vehicle retailers of vehicles with
                                               service system may operate a Consumer                   Consumer Signal Booster on frequencies                 embedded Consumer Signal Boosters
                                               Signal Booster under the authorization                  used for the provision of subscriber-                  must use the following alternative
                                               held by the licensee providing service to               based services as specified by paragraph               advisory in any materials provided at
                                               the subscriber, provided that the                       (e)(3) of this section;                                vehicle delivery and when the
                                               subscriber complies with paragraphs                        (v) The Consumer Signal Booster                     consumer registers the vehicle with the
                                               (a)(1)(i) through (a)(1)(vi) of this section.           complies with paragraphs (e), (f), (g),                vehicle manufacturer:
                                               Failure to comply with all applicable                   and (h) of this section and § 2.907 of this               This vehicle contains a CONSUMER
                                               rules in this section and all applicable                chapter; and                                           SIGNAL BOOSTER device.
                                               technical rules for the frequency band(s)                  (vi) The operator may not deactivate                   BEFORE USE, you MUST REGISTER
                                               of operation voids the authority to                     any features of the Consumer Signal                    THIS SIGNAL BOOSTER DEVICE with
                                               operate the Consumer Signal Booster.                    Booster that are designed to prevent                   the appropriate wireless provider(s) and
                                                                                                       harmful interference to wireless                       have that provider’s consent. Most
                                                  (i) Prior to operation, the subscriber
                                                                                                       networks. These features must be                       wireless providers consent to the use of
                                               obtains the consent of the licensee
                                                                                                       enabled and operating at all times the                 signal boosters. Some providers may not
                                               providing service to the subscriber;
                                                                                                       signal booster is in use.                              consent to the use of this device on their
                                                  (ii) Prior to operation, the subscriber
                                                                                                       *       *     *    *     *                             network. Please visit www.fcc.gov/X to
                                               registers the Consumer Signal Booster
                                                                                                          (f) Signal Booster Labeling                         determine with which provider(s) you
                                               with the licensee providing service to
                                                                                                       Requirements.                                          must register and from which you must
                                               the subscriber;
                                                                                                          (1) Consumer Signal Boosters.                       receive consent.
                                                  (iii) The subscriber only operates the                                                                         If a wireless provider does not
                                               Consumer Signal Booster with approved                      (i) Consumer Signal Booster
                                                                                                       manufacturers, distributors, and                       consent to the use of this device on its
                                               antennas, cables, and/or coupling                                                                              network, or if you are directed to cease
                                               devices as specified by the manufacturer                retailers must ensure that all signal
                                                                                                       boosters include the following advisory:               operating the device by the FCC or a
                                               of the Consumer Signal Booster;                                                                                licensed wireless service provider, you
                                                                                                          This is a CONSUMER device.
                                                  (iv) The subscriber operates the                                                                            MUST [manufacturer, distributor, and/
                                                                                                          BEFORE USE, you MUST REGISTER
                                               Consumer Signal Booster on frequencies                                                                         or retailer insert instruction to
                                                                                                       THIS DEVICE with the appropriate
                                               used for the provision of subscriber-                                                                          consumer].
                                                                                                       wireless provider(s) and have that
                                               based services as specified by paragraph                                                                          WARNING. E911 location information
                                                                                                       provider’s consent. Most wireless
                                               (e)(3) of this section;                                                                                        may not be provided or may be
                                                                                                       providers consent to the use of signal
                                                  (v) The Consumer Signal Booster                                                                             inaccurate for calls served by using this
                                                                                                       boosters. Some providers may not
                                               complies with paragraphs (e), (f), (g),                                                                        device.
                                                                                                       consent to the use of this device on their
                                               and (h) of this section and § 2.907 of this                                                                       (v) A Consumer Signal Booster label
                                                                                                       network. Please visit www.fcc.gov/X to
                                               chapter; and                                                                                                   may contain an acknowledgement that
                                                                                                       determine the provider(s) with which
                                                  (vi) The subscriber may not deactivate               you must register and from which you                   particular provider(s) have given their
                                               any features of the Consumer Signal                     must receive consent.                                  consent for all consumers to use the
                                               Booster that are designed to prevent                       You MUST operate this device with                   device. Such an acknowledgement shall
                                               harmful interference to wireless                        approved antennas and cables as                        be inserted prior to, ‘‘Some providers
                                               networks. These features must be                        specified by the manufacturer. Antennas                may not consent to the use of this
                                               enabled and operating at all times the                  MUST be installed at least 20 cm (8                    device on their network.’’ The
                                               signal booster is in use.                               inches) from any person.                               remaining language of the advisory shall
                                                  (2) For non-personal use. An                            You MUST cease operating this                       remain the same.
                                               individual or non-individual may                        device immediately if requested by the                    (2) Industrial Signal Boosters. (i)
                                               operate a Consumer Signal Booster                       FCC or a licensed wireless service                     Industrial Signal Booster manufacturers,
                                               under the authorization held by the                     provider.                                              distributors, and retailers must ensure
                                               licensee(s) of the spectrum on which the                   WARNING. E911 location information                  that all signal boosters, include the
                                               Consumer Signal Booster operates,                       may not be provided or may be                          following advisory:
                                               provided that the operator complies                     inaccurate for calls served by using this                 WARNING. This is NOT a
                                               with paragraphs (a)(2)(i) through                       device.                                                CONSUMER device. It is designed for
                                               (a)(2)(vi) of this section. Failure to                     (ii) The label for Consumer Signal                  installation by FCC LICENSEES and
                                               comply with all applicable rules in this                Boosters certified for fixed indoor                    QUALIFIED INSTALLERS. You MUST
amozie on DSK30RV082PROD with PROPOSALS




                                               section and all applicable technical                    operation also must include the                        have an FCC LICENSE or express
                                               rules for the frequency band(s) of                      following language:                                    consent of an FCC Licensee to operate
                                               operation voids the authority to operate                   This device may be operated ONLY in                 this device. Unauthorized use may
                                               the Consumer Signal Booster.                            a fixed location for in-building use.                  result in significant forfeiture penalties,
                                                  (i) Prior to operation, the operator                    (iii) These advisories must be                      including penalties in excess of
                                               obtains the consent of the licensee(s) of               included:                                              $100,000 for each continuing violation.
                                               the spectrum on which the Consumer                         (A) In on-line, point-of-sale marketing                (g) Marketing and Sale of Signal
                                               Signal Booster operates;                                materials,                                             Boosters. Except as provided in § 2.803


                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\18APP1.SGM   18APP1


                                                                      Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Proposed Rules                                                 17137

                                               of this chapter, no person,                                (iii) The location of the device; and               interference basis to primary services
                                               manufacturer, distributor, or retailer                     (iv) The date of initial operation.                 licensed for the frequency bands on
                                               may market (as defined in § 2.803 of this               Licensee consent is voluntary and may                  which they transmit, upon request of an
                                               chapter) any Consumer Signal Booster                    be withdrawn at the licensee’s                         FCC representative or a licensee
                                               that does not comply with the                           discretion.                                            experiencing harmful interference,
                                               requirements of this section to any                        (2) In addition, for any non-subscriber                (A) Cooperate in determining the
                                               person in the United States or to any                   registration, at a minimum, the                        source of the interference, and
                                               person intending to operate the                         registrant must:
                                               Consumer Signal Booster within the                         (i) Prior to operation, obtain the                     (B) If necessary, deactivate the signal
                                               United States.                                          consent of the licensee for any network                booster immediately, or as soon as
                                                  (h) Registration. (1) Each licensee                  operating in the range of the signal                   practicable, if immediate deactivation is
                                               consenting to the operation of a                        booster;                                               not possible;
                                               Consumer Signal Booster must establish                     (ii) Prior to operation, register the                  (vi) Use a signal booster that meets the
                                               a free registration mechanism for                       signal booster with the licensee for any               Network Protection Standard as
                                               subscribers and register all, including                 network on which the booster will be                   required by paragraph (e) of this section;
                                               non-subscriber, Consumer Signal                         operated;                                                 (vii) Use a signal booster that is
                                               Boosters to which it consents. A                           (iii) Operate the Consumer Signal                   appropriately labeled as required by
                                               licensee must establish a registration                  Booster only with approved antennas,                   paragraph (f) of this section; and
                                               mechanism within 90 days of                             cables, and/or coupling devices as
                                                                                                       specified by the manufacturer of the                      (viii) Not deactivate any features of
                                               consenting to the operation of a
                                                                                                       booster;                                               the signal booster that are designed to
                                               Consumer Signal Booster. At a
                                                                                                          (iv) Operate the signal booster only on             prevent harmful interference to wireless
                                               minimum, a licensee must collect:
                                                  (i) The name of the Consumer Signal                  frequencies used for the provision of                  networks. These features must be
                                               Booster owner and/or operator, if                       subscriber-based services, as specified                enabled and operating at all times the
                                               different individuals;                                  by paragraph (e)(3) of this section;                   signal booster is in use.
                                                  (ii) The make, model, and serial                        (v) Because operation of Consumer                   [FR Doc. 2018–08030 Filed 4–17–18; 8:45 am]
                                               number of the device;                                   Signal Boosters is on a secondary, non-                BILLING CODE 6712–01–P
amozie on DSK30RV082PROD with PROPOSALS




                                          VerDate Sep<11>2014   17:05 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4702   Sfmt 9990   E:\FR\FM\18APP1.SGM   18APP1



Document Created: 2018-04-18 02:59:24
Document Modified: 2018-04-18 02:59:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesInterested parties may file comments on or before May 18, 2018, and reply comments on or before June 18, 2018.
ContactAmanda Huetinck at [email protected], of the Wireless Telecommunications Bureau, Mobility Division, (202) 418-7090. For additional information concerning the PRA information collection requirements contained in this document, contact Cathy Williams at (202) 418-2918 or send an email to [email protected]
FR Citation83 FR 17131 
CFR AssociatedCommunications Common Carriers; Communications Equipment and Radio

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR