83 FR 29710 - Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 123 (June 26, 2018)
Federal Register Volume 83, Issue 123 (June 26, 2018)
| Page Range | 29710-29712 | |
| FR Document | 2018-13700 |
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)] [Rules and Regulations] [Pages 29710-29712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13700] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 90 [PS Docket No. 13-87; PS Docket No. 06-229, WT Docket No. 96-86, RM- 11433 and RM-11577, FCC 16-111] Service Rules Governing Narrowband Operations in the 769-775/799- 805 MHz Bands AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands Order on Reconsideration (Order). This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: The amendments to 47 CFR 2.1033(c)(20) and 90.548(c) published at 81 FR 66830, September 29, 2016, are effective July 26, 2018. FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy and Licensing Division, Public Safety and Homeland Bureau, at (202) 418-0848, or email: [email protected]. For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202-418-2991, or by email to [email protected]. SUPPLEMENTARY INFORMATION: This document announces that, on March 13, 2017, OMB approved, for a period of three years, the information collection requirements relating to the 700 MHz interoperability testing rules contained in the Commission's Report and Order, FCC 16- 111, published at 81 FR 66830, Sept. 29, 2016. The OMB Control Number is 3060-0057. The Commission publishes this document as an [[Page 29711]] announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, Room 1-A620, 445 12th Street SW, Washington, DC 20554. Please include the OMB Control Number, 3060-0057, in your correspondence. The Commission will also accept your comments via email at [email protected]. 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 and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received final OMB approval on March 13, 2017, for the information collection requirements contained in the modifications to the Commission's rules in 47 CFR parts 2 and 90. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-0057. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060-0057. OMB Approval Date: March 13, 2017. OMB Expiration Date: March 31, 2020. OMB Control Number: 3060-0057. Title: Application for Equipment Authorization, FCC Form 731. Form Number: FCC Form 731. Type of Review: Revision of a currently approved collection. Respondents: Business or other for-profit entities, and state, local, or tribal government. Number of Respondents and Responses: 3,740 respondents; 22,250 responses. Estimated Time per Response: 35 hours. Frequency of Response: On occasion reporting requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for these collections are contained in Sections 4(i), 301, 302, 303(e), 303(f), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f), and 303(r). Total Annual Burden: 778,750 hours. Total Annual Cost: $34,465,000. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Needs and Uses: Commission rules require that manufacturers of certain radio frequency (RF) equipment file FCC Form 731 to obtain approval prior to marketing their equipment. Manufacturers may then market their RF equipment based on a showing of compliance with technical standards established in the FCC Rules for each type of equipment or device operated under the applicable FCC Rule part. The following types of equipment are regulated (a) the RF equipment is regulated under certain rule sections of 47 CFR part 15 and part 18, and (b) in addition, rules governing certain RF equipment operating in the licensed services also require equipment authorization as established in the procedural rules in 47 CFR part 2. The RF equipment manufacturers comply with the information collection requirements by (a) Filing FCC Form 731 electronically with the Commission, or (b) Submitting the information to a Telecommunications Certification Body (TCB), which acts on behalf of the FCC to issue grants of certification and may issue grants more expeditiously than the FCC. The TCBs have flexibility in the format in which they require the collection of information (i) TCBs may require applicants to submit the required information in FCC Form 731 format or in another format selected by the TCB, but (ii) whatever the information collection method, the information required is governed by the procedural rules in 47 CFR part 2 and a showing of compliance with the FCC technical standards for the specific type of equipment. RF manufacturer applicants for equipment certification may also request ``expedited authorization'' to market their equipment by: (a) Choosing to pay the fee levied by a TCB, and (b) submitting their request to a TCB in order for expedited authorization to market. The TCB processes the RF equipment manufacturer's application as follows: (i) The TCB receives and reviews the RF manufacturer's information submission/application; and (ii) the TCB enters the information into the FCC Equipment Authorization System database using an interface that provides the TCB with the tools to issue a standardized Grant of Equipment Authorization. Whichever method the RF manufacturers choose to submit their information--via either the FCC on FCC Form 731 or the TCB, FCC Rules require that applicants supply the following data: (a) Demographic information including Grantee name and address, contact information, etc.; (b) information specific to the equipment including FCC Identifier, equipment class, technical specifications, etc.; and (c) attachments that demonstrate compliance with FCC Rules that may include any combination of the following based on the applicable Rule parts for the equipment for which authorization is requested: (1) Identification of equipment (47 CFR 2.925); (2) attestation statements that may be required for specific equipment; (3) external photos of the equipment for which authorization is requested; (4) block diagram of the device; (5) schematics; (6) test report; (7) test setup photos; (8) Users Manual; (9) Internal Photos; (10) Parts List/Tune Up Information; (11) RF Exposure Information; (12) Operational Description; (13) Cover Letters; and, (14) Software Defined Radio/Cognitive Radio Files. In general, an applicant's submission is as follows: (a) FCC Form 731 includes approximately two pages covering the demographic and equipment identification information; and (b) applicants must supply additional documentation and other information, as described above, demonstrating conformance with FCC Rules, which may range from 100- 1,000 pages. The supplemental information is essential to control potential interference to radio communications, which the FCC may use, as is necessary, to investigate complaints of harmful interference. In response to new technologies and in allocating spectrum, the Commission may establish new technical operating standards: (a) RF equipment manufacturers must meet the new standards to receive an equipment authorization, and (b) RF equipment manufacturers must still comply with the Commission's requirements in FCC Form 731 and demonstrate compliance as required by 47 CFR part 2 of FCC Rules. Thus, this information collection applies to a variety of RF equipment: (a) That is currently manufactured, (b) that may be manufactured in the future, and [[Page 29712]] (c) that operates under varying technical standards. On July 8, 2004, the Commission adopted a Report and Order, Modification of Parts 2 and 15 of the Commission's rules for Unlicensed Devices and Equipment Approval, ET Docket No. 03-201, FCC 04-165. The change requires that all paper filings required in 47 CFR Sections 2.913, 2.926(c), 2.929(c) and 2.929(d) of the rules are outdated and now must be filed electronically via the internet on FCC Form 731. The Commission believes that electronic filing speeds up application processing and supports the Commission in further streamlining to reduce cost and increase efficiency. Information on the procedures for electronically filing equipment authorization applications can be obtained from the Commission's rules, and from the internet at: http://transition.fcc.gov/oet/ea/ea-app-info.htm. On August, 26, 2016, the Federal Communications Commission released an Order on Reconsideration, FCC 16-111, PS Docket No. 13-87 that modified Part 2 and Part 90 of the Rules for equipment approval and Private Land Mobile Radio Services. The amended rule requires all Wireless Communications Equipment Manufacturers who manufacture 700 MHz narrowband equipment capable of operating on the interoperability channels to demonstrate compliance with the Commission's Interoperability Technical Standards in 90.548. The Order on Reconsideration prescribed two methods stage for showing compliance with Section 90.548 after equipment authorization application approval and before the marketing and sale of equipment capable of operating on the 700 MHz narrowband interoperability channels. Specifically, the Commission modified Section 2.1033(c)(20) to provide that before equipment operating under 47 CFR part 90 and capable of operating on the 700 MHz interoperability channels (See 47 CFR 90.531(b)(1)) may be marketed or sold, the manufacturer thereof shall have a Compliance Assessment Program Supplier's Declaration of Conformity and Summary Test Report or, alternatively, a document detailing how the manufacturer determined that its equipment complies with 47 CFR 90.548 and that the equipment is interoperable across vendors. Submission of a 700 MHz narrowband radio for certification will constitute a representation by the manufacturer that the radio will be shown, by testing, to be interoperable across vendors before it is marketed or sold. The Commission also modified Section 90.548(c) of the Commission's rules to provide that transceivers capable of operating on the interoperability channels listed in 47 CFR 90.531(b)(1) shall not be marketed or sold until the transceiver has previously been certified for interoperability by the Compliance Assessment Program (CAP) administered by the U.S. Department of Homeland Security; provided, however, that this requirement is suspended if the CAP is discontinued. Submission of a 700 MHz narrowband radio for certification will constitute a representation by the manufacturer that the radio will be shown, by testing, to be interoperable across vendors before it is marketed or sold. In the alternative, manufacturers may employ their own protocol for verifying compliance with Project 25 standards and determining that their product is interoperable among vendors. In the event that field experience reveals that a transceiver is not interoperable, the Commission may require the manufacturer thereof to provide evidence of compliance with 47 CFR 90.548. To effectively implement the provisions of the new Rules, no modifications to the existing FCC Form 731 Application for Equipment Authorization are required. The changes are intended to simplify the filing process, ensure equipment complies with Project 25 standards and is interoperable across vendors. The following specific methods are proposed to ensure compliance with Section 90.548 and simplify filing processes for equipment manufacturers: (1) The Order on Reconsideration establishes that before the marketing or sale of equipment designed to operate on the 700 MHz narrowband interoperability channels, manufacturers shall have a Compliance Assessment Program Supplier's Declaration of Conformity and Summary Test Report or, alternatively, a document detailing how the manufacturer determined that its equipment complies with Sec. 90.548 and that the equipment is interoperable across vendors. OMB has approved the information collections associated with P25 CAP compliance under OMB Control No. 1640-0015.\1\ --------------------------------------------------------------------------- \1\ Congressional direction for a P25 compliance assessment program can be found in the COPS Law Enforcement Technologies and Interoperable Communications Program section of the Conference Report to Public Law 109-148, as well as the Science & Technology Management and Administration section of Division E of the Conference Report to Public Law 110-161. --------------------------------------------------------------------------- (2) In the event that field experience reveals that a transceiver is not interoperable, the Commission may require the manufacturer thereof to provide evidence of compliance with Sec. 90.548. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2018-13700 Filed 6-25-18; 8:45 am] BILLING CODE 6712-01-P
![29710 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
that had fulfilled its stated purpose h. Executive Order 13211: Actions That § 228.15 [Amended]
when EPA designated the site in 1990. Significantly Affect Energy Supply, ■ 2. Section 228.15 is amended by
Distribution, or Use removing and reserving paragraph
d. Unfunded Mandates Reform Act
(n)(10).
This action is not subject to Executive
This action does not contain any [FR Doc. 2018–13715 Filed 6–25–18; 8:45 am]
Order 13211, because it is not a
unfunded mandate as described in the BILLING CODE 6560–50–P
Unfunded Mandates Reform Act significant regulatory action under
(UMRA), 2 U.S.C. 1531–1538, and does Executive Order 12866.
not significantly affect small i. National Technology Transfer and FEDERAL COMMUNICATIONS
governments. The action imposes no Advancement Act COMMISSION
new enforceable duty on any state, local
or tribal governments or the private This rulemaking does not involve 47 CFR Parts 2 and 90
sector. technical standards.
[PS Docket No. 13–87; PS Docket No. 06–
e. Executive Order 13132: Federalism j. Executive Order 12898: Federal 229, WT Docket No. 96–86, RM–11433 and
Actions To Address Environmental RM–11577, FCC 16–111]
This action does not have federalism Justice in Minority Populations and Low
implications. It does not have Service Rules Governing Narrowband
Income Populations Operations in the 769–775/799–805
substantial direct effects on the states,
on the relationship between the national The EPA believes that this action does MHz Bands
government and the states, or on the not have disproportionately high and AGENCY: Federal Communications
distribution of power and adverse human health or environmental Commission.
responsibilities among various levels of effects on minority populations, low- ACTION: Final rule; announcement of
government. income populations and/or indigenous effective date.
f. Executive Order 13175: Consultation peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994). SUMMARY: In this document, the Federal
and Coordination With Indian Tribal
The documentation for this decision is Communications Commission
Governments
contained in Section 5. Statutory and (Commission) announces that the Office
This action does not have tribal Executive Order Reviews, f. Executive of Management and Budget (OMB) has
implications as specified in Executive approved, for a period of three years, the
Order 13175: Consultation and
Order 13175, because the withdrawal information collection associated with
Coordination with Indian Tribal
from EPA regulation of the Grays Harbor the Commission’s Service Rules
Governments. Governing Narrowband Operations in
Eight Mile Site will not have a direct
effect on Indian Tribes, on the k. Congressional Review Act the 769–775/799–805 MHz Bands Order
relationship between the federal on Reconsideration (Order). This
government and Indian Tribes, or on the This action is subject to the document is consistent with the Order,
distribution of power and Congressional Review Act (CRA), and which stated that the Commission
responsibilities between the federal the EPA will submit a rule report to would publish a document in the
government and Indian Tribes. Thus, each House of the Congress and to the Federal Register announcing the
Executive Order 13175 does not apply Comptroller General of the United effective date of those rules.
to this action. Although Executive Order States. This action is not a ‘‘major rule’’ DATES: The amendments to 47 CFR
13175 does not apply to this action, the as defined by 5 U.S.C. 804(2). 2.1033(c)(20) and 90.548(c) published at
EPA consulted with tribal officials in 81 FR 66830, September 29, 2016, are
List of Subjects in 40 CFR Part 228 effective July 26, 2018.
the development of this action,
particularly as it relates to potential Environmental protection, Water FOR FURTHER INFORMATION CONTACT: John
impacts to tribal trust resources and pollution control. Evanoff, Policy and Licensing Division,
tribal operations within the Quinault Public Safety and Homeland Bureau, at
Authority: This action is issued under the
Indian Nation’s Usual and Accustomed (202) 418–0848, or email: john.evanoff@
authority of Section 102 of the Marine
Area. The Quinault Indian Nation fcc.gov. For additional information
Protection, Research and Sanctuaries Act, as
responded to EPA’s request for Tribal concerning the information collection
amended, 33 U.S.C. 1401, 1411, 1412.
Consultation on April 5, 2018, stating requirements contained in this
this action does not require government- Dated: May 24, 2018. document, send an email to PRA@
to-government consultation. Chris Hladick, fcc.gov or contact Nicole Ongele, Office
Regional Administrator, Region 10. of Managing Director, Performance
g. Executive Order 13045: Protection of Evaluation and Records Management,
Children From Environmental Health For the reasons set out in the 202–418–2991, or by email to PRA@
and Safety Risks preamble, the EPA amends title 40, fcc.gov.
This action is not subject to Executive chapter I, subchapter H of the Code of SUPPLEMENTARY INFORMATION: This
Order 13045 because it is not Federal Regulations as follows: document announces that, on March 13,
economically significant as defined in 2017, OMB approved, for a period of
Executive Order 12866, and because the PART 228—CRITERIA FOR THE three years, the information collection
sradovich on DSK3GMQ082PROD with RULES
EPA does not believe the environmental MANAGEMENT OF DISPOSAL SITES requirements relating to the 700 MHz
health or safety risks addressed by this FOR OCEAN DUMPING interoperability testing rules contained
action present a disproportionate risk to in the Commission’s Report and Order,
children. This action’s health and risk ■ 1. The authority citation for part 228 FCC 16–111, published at 81 FR 66830,
assessments are contained in Section 3. continues to read as follows: Sept. 29, 2016. The OMB Control
Background, a. History of Disposal Sites Authority: 33 U.S.C. 1412 and 1418. Number is 3060–0057. The Commission
near Grays Harbor, Washington. publishes this document as an
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(c) that operates under varying technical equipment operating under 47 CFR part To effectively implement the
standards. On July 8, 2004, the 90 and capable of operating on the 700 provisions of the new Rules, no
Commission adopted a Report and MHz interoperability channels (See 47 modifications to the existing FCC Form
Order, Modification of Parts 2 and 15 of CFR 90.531(b)(1)) may be marketed or 731 Application for Equipment
the Commission’s rules for Unlicensed sold, the manufacturer thereof shall Authorization are required. The changes
Devices and Equipment Approval, ET have a Compliance Assessment Program are intended to simplify the filing
Docket No. 03–201, FCC 04–165. The Supplier’s Declaration of Conformity process, ensure equipment complies
change requires that all paper filings and Summary Test Report or, with Project 25 standards and is
required in 47 CFR Sections 2.913, alternatively, a document detailing how interoperable across vendors. The
2.926(c), 2.929(c) and 2.929(d) of the the manufacturer determined that its following specific methods are proposed
rules are outdated and now must be equipment complies with 47 CFR to ensure compliance with Section
filed electronically via the internet on 90.548 and that the equipment is 90.548 and simplify filing processes for
FCC Form 731. The Commission interoperable across vendors. equipment manufacturers:
believes that electronic filing speeds up Submission of a 700 MHz narrowband (1) The Order on Reconsideration
application processing and supports the radio for certification will constitute a establishes that before the marketing or
Commission in further streamlining to representation by the manufacturer that sale of equipment designed to operate
reduce cost and increase efficiency. the radio will be shown, by testing, to on the 700 MHz narrowband
Information on the procedures for be interoperable across vendors before it interoperability channels,
electronically filing equipment is marketed or sold. manufacturers shall have a Compliance
authorization applications can be The Commission also modified Assessment Program Supplier’s
obtained from the Commission’s rules, Section 90.548(c) of the Commission’s Declaration of Conformity and Summary
and from the internet at: http:// rules to provide that transceivers Test Report or, alternatively, a
transition.fcc.gov/oet/ea/ea-app- capable of operating on the document detailing how the
info.htm. interoperability channels listed in 47 manufacturer determined that its
On August, 26, 2016, the Federal CFR 90.531(b)(1) shall not be marketed equipment complies with § 90.548 and
Communications Commission released or sold until the transceiver has that the equipment is interoperable
an Order on Reconsideration, FCC 16– previously been certified for across vendors. OMB has approved the
111, PS Docket No. 13–87 that modified interoperability by the Compliance information collections associated with
Part 2 and Part 90 of the Rules for Assessment Program (CAP) P25 CAP compliance under OMB
equipment approval and Private Land administered by the U.S. Department of Control No. 1640–0015.1
Mobile Radio Services. The amended Homeland Security; provided, however, (2) In the event that field experience
rule requires all Wireless that this requirement is suspended if the reveals that a transceiver is not
Communications Equipment CAP is discontinued. Submission of a interoperable, the Commission may
Manufacturers who manufacture 700 700 MHz narrowband radio for require the manufacturer thereof to
MHz narrowband equipment capable of certification will constitute a provide evidence of compliance with
operating on the interoperability representation by the manufacturer that § 90.548.
channels to demonstrate compliance the radio will be shown, by testing, to Federal Communications Commission.
with the Commission’s Interoperability be interoperable across vendors before it Marlene Dortch,
Technical Standards in 90.548. The is marketed or sold. In the alternative, Secretary, Office of the Secretary.
Order on Reconsideration prescribed manufacturers may employ their own [FR Doc. 2018–13700 Filed 6–25–18; 8:45 am]
two methods stage for showing protocol for verifying compliance with
BILLING CODE 6712–01–P
compliance with Section 90.548 after Project 25 standards and determining
equipment authorization application that their product is interoperable 1 Congressional direction for a P25 compliance
approval and before the marketing and among vendors. In the event that field assessment program can be found in the COPS Law
sale of equipment capable of operating experience reveals that a transceiver is Enforcement Technologies and Interoperable
on the 700 MHz narrowband not interoperable, the Commission may Communications Program section of the Conference
interoperability channels. Specifically, require the manufacturer thereof to Report to Public Law 109–148, as well as the
the Commission modified Section provide evidence of compliance with 47 Science & Technology Management and
2.1033(c)(20) to provide that before CFR 90.548. Administration section of Division E of the
Conference Report to Public Law 110–161.
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Document Created: 2018-06-26 00:51:39
Document Modified: 2018-06-26 00:51:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; announcement of effective date. | |
| Dates | The amendments to 47 CFR 2.1033(c)(20) and 90.548(c) published at 81 FR 66830, September 29, 2016, are effective July 26, 2018. | |
| Contact | John Evanoff, Policy and Licensing Division, Public Safety and Homeland Bureau, at (202) 418-0848, or email: [email protected] For additional information concerning the information collection requirements contained in this document, send an email to [email protected] or contact Nicole Ongele, Office of Managing Director, Performance Evaluation and Records Management, 202-418-2991, or by email to [email protected] | |
| FR Citation | 83 FR 29710 | |
| CFR Citation | 47
CFR
2 47 CFR 90 |
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