83 FR 30364 - Service Rules Governing Narrowband Operations in the 769-775/799-805 MHz Bands
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 83, Issue 125 (June 28, 2018)
Federal Register Volume 83, Issue 125 (June 28, 2018)
| Page Range | 30364-30368 | |
| FR Document | 2018-13859 |
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)] [Rules and Regulations] [Pages 30364-30368] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13859] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 90 [PS Docket Nos. 13-87, 06-229; WT Docket No. 96-86, RM-11433, 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. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission (Commission) amends the Commission's rules to promote spectrum efficiency, interoperability, and flexibility in 700 MHz public safety narrowband (769-775/799-805 MHz). DATES: Effective July 30, 2018. FOR FURTHER INFORMATION CONTACT: John A. Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Report and Order on Reconsideration in PS Docket No. 13-87, FCC 18-11, released on February 12, 2018, and corrected by Erratum released on May 10, 2018. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY- A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Synopsis In this Second Report and Order, the Commission amends and clarifies the Commission's 700 MHz narrowband (769-775/799-805 MHz) interoperability and technical rules. Specifically, this Second Report and Order (1) amends and clarifies the rules to exempt 700 MHz low- power Vehicular Repeater Systems (VRS) from the 700 MHz trunking requirements; (2) amends the rules to ensure that 700 MHz public safety licensees receive information on the basis of vendor assertions that equipment is interoperable across vendors and complies with Project 25 (P25) standards; and (3) amends the rules to require that all narrowband mobile and portable 700 MHz public safety radios, as supplied to the ultimate user, must be capable of operating on all of the narrowband nationwide interoperability channels without addition of hardware, firmware, or software, and must be interoperable across vendors and operate in conformance with P25 standards. In the companion Order on Reconsideration, the Commission addresses the Petition for Partial Reconsideration filed by Motorola Solutions, Inc. (Motorola), which requested that the Commission postpone the effective date of certain previously adopted rules (i.e. 47 CFR Sections 2.1033(c) and 90.548(c)) until complementary proposals that were the subject of the Further Notice of Proposed Rulemaking in this proceeding are resolved. As requested by Motorola, we adopt a uniform effective date for the rules that were the subject of the Motorola Petition for Partial Reconsideration and the rules newly adopted in this Second Report and Order. Procedural Matters The Final Regulatory Flexibility Analysis required by section 604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in Appendix A of the Second Report and Order and Order on Reconsideration. Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was incorporated into the Further Notice of Proposed Rule Making (FNPRM) in PS Docket No. 13-87 released on August 22, 2016. See 81 FR 65984 (2016). The Commission sought written public comment on proposals in the FNPRM, including comments on the IRFA. No comments were filed addressing the IRFA. The present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA. Need for, and Objectives of, the Final Rules In the Second Report and Order in this proceeding, we amend the interoperability and technical rules governing 700 MHz public safety narrowband spectrum (769-775 MHz and 799-805 MHz). The rule changes promote interoperable and efficient use of 700 MHz public safety narrowband spectrum while reducing the regulatory burdens on public safety entities, manufacturers and other stakeholders wherever possible. In order to achieve these objectives, we revise the rules to exempt low power vehicular repeater [[Page 30365]] systems (VRS) from the narrowband trunking requirements. Exempting low power VRS from the trunking requirements will facilitate rapid deployment of such systems as well as reduce compliance burdens on public safety entities that currently lack access to trunked equipment. We also amend the rule to clarify that the trunking requirement applies to fixed infrastructure. We adopt a list of feature sets and capabilities that must be tested in order to ensure that radios operating in the conventional mode on the designated 700 MHz narrowband interoperability channels are in fact interoperable across vendors. Adopting such a list promotes certainty for public safety and manufacturers and promotes competition in the public safety equipment market. We amend the rules concerning the requirement that 700 MHz radios be capable of being programmed to operate on the designated 700 MHz narrowband interoperability channels. Clarification provides greater certainty to equipment manufacturers on the required performance of their equipment. Summary of Significant Issues Raised by Public Comments in Response to the IRFA There were no comments filed that specifically addressed the rules and policies proposed in the IRFA. Response to Comments by Chief Counsel for Advocacy of the Small Business Administration Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA), and to provide a detailed statement of any change made to the proposed rules as a result of those comments. The Chief Counsel did not file any comments in response to the proposed rules in this proceeding. Description and Estimate of the Number of Small Entities to Which the Final Rules Will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules adopted herein. The RFA generally defines the term ``small entity'' as having the same meaning as the terms ``small business,'' ``small organization,'' and ``small governmental jurisdiction.'' In addition, the term ``small business'' has the same meaning as the term ``small business concern'' under the Small Business Act.'' A ``small business concern'' is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. Public Safety Radio Licensees. As a general matter, Public Safety Radio licensees include police, fire, local government, forestry conservation, highway maintenance, and emergency medical services. Because of the vast array of public safety licensees, the Commission has not developed a small business size standard specifically applicable to public safety licensees. The closest applicable SBA category is Wireless Telecommunications Carriers (except Satellite) which encompasses business entities engaged in radiotelephone communications. The appropriate size standard for this category under SBA rules is that such a business is small if it has 1,500 or fewer employees. For this industry, U.S. Census data for 2012 show that there were 967 firms that operated for the entire year. Of this total, 955 firms had employment of 999 or fewer employees and 12 had employment of 1,000 employees or more. Thus under this category and the associated size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities. With respect to local governments, in particular, since many governmental entities comprise the licensees for these services, we include under public safety services the number of government entities affected. According to Commission records, there are a total of approximately 133,870 licenses within these services. There are 1,476 licenses in the 700 MHz band, based on an FCC Universal Licensing System search of May 25, 2017. Public Safety Radio licensees are not required to disclose information about number of employees, therefore the Commission does not have information that could be used to determine how many Public Safety Radio licensees constitute small entities under this definition. Nevertheless, we estimate that fewer than 486 public safety radio licensees hold these licenses because certain entities may have multiple licenses. Wireless Telecommunications Carriers (except Satellite). This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via the airwaves. Establishments in this industry have spectrum licenses and provide services using that spectrum, such as cellular services, paging services, wireless internet access, and wireless video services. The appropriate size standard under SBA rules is that such a business is small if it has 1,500 or fewer employees. For this industry, U.S. Census data for 2012 show that there were 967 firms that operated for the entire year. Of this total, 955 firms had employment of 999 or fewer employees and 12 had employment of 1,000 employees or more. Thus under this category and the associated size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities. The Commission's own data--available in its Universal Licensing System--indicate that, as of October 25, 2016, there are 280 Cellular licensees that will be affected by our actions today. The Commission does not know how many of these licensees are small, as the Commission does not collect that information for these types of entities. Similarly, according to internally developed Commission data, 413 carriers reported that they were engaged in the provision of wireless telephony, including cellular service, Personal Communications Service, and Specialized Mobile Radio Telephony services. Of this total, an estimated 261 have 1,500 or fewer employees, and 152 have more than 1,500 employees. Thus, using available data, we estimate that the majority of wireless firms can be considered small. Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. This industry comprises establishments primarily engaged in manufacturing radio and television broadcast and wireless communications equipment. Examples of products made by the establishments are: Transmitting and receiving antennas, cable television equipment, GPS equipment, pagers, cellular phones, mobile communications equipment, and radio and television studio and broadcasting equipment. The Small Business Administration has established a size standard for this industry of 750 employees or fewer. U.S. Census data for 2012 show that 841 establishments operated in this industry in that year. Of that number, 828 establishments operated with fewer than 1,000 employees, 7 establishments operated with between 1,000 and 2,499 employees and 6 establishments operated with 2,500 or more employees. Based on this data, we conclude that a majority of manufacturers in this industry is small. [[Page 30366]] Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements The rules adopted in the Second Report and Order will not entail additional reporting, recordkeeping, and/or third-party consultation for small entities to comply. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The RFA requires an agency to describe any significant, specifically small business alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): ``(1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) and exemption from coverage of the rule, or any part thereof, for small entities.'' The Second Report and Order changes the interoperability and technical rules covering operation of public safety systems on narrowband spectrum in the 700 MHz band. Specifically, the Second Report and Order amends Section 90.537 of the Commission's rules to promote efficient use of public safety narrowband spectrum in the band while reducing economic burdens on licensees. For the 700 MHz General Use and State License channels, Section 90.537 provides that ``[a]ll systems using six or more narrowband channels in the 769-775 MHz and 799-805 MHz frequency bands must be trunked systems, except for those described in paragraph (b) of this section.'' In order to strike the proper balance between spectrum efficiency and operational needs as well as avoid unnecessary costs to public safety, the Second Report and Order exempts low power vehicular repeaters from the 700 MHz narrowband trunking requirements and clarifies that the trunking requirement applies to individual transmitter sites. The Second Report and Order maximizes interoperability by adopting a list of feature sets and capabilities in radios designed to operate in the conventional mode on the designated 700 MHz narrowband interoperability channels. Currently, the Commission's rules do not specify feature sets or capabilities that should be tested in order to promote interoperability across vendors and between users. Thus, it would be beneficial to incorporate into our rules specific feature sets and capabilities that must be tested for radios designed to operate on the 700 MHz narrowband interoperability channels. To minimize burdens, the Second Report and Order clarifies that manufacturers may employ their own testing protocol, declines to require manufacturers to test non-voice features and capabilities, and refrains from imposing new reporting and record keeping requirements on stakeholders. Finally, the Second Report and Order amends the rules concerning the requirement that 700 MHz radios be capable of being programmed to operate on the designated interoperability channels. Amendment provides greater certainty to equipment manufacturers on the required performance of their equipment. Amending the rule obviates the need for imposing new requirements on public safety and manufacturers. Report to Congress The Commission will send a copy of the Second Report and Order, including this FRFA, in a report to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Second Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this Second Report and Order, and FRFA (or summaries thereof) will also be published in the Federal Register. Paperwork Reduction Act of 1995 Analysis This document does not contain new information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Congressional Review Act The Commission will send a copy of this Second Report and Order and Order on Reconsideration to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules None. Ordering Clauses Accordingly, it is ordered that, pursuant to sections 1, 4(i), 303, 316, 332, and 337 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 316, 332, and 337, this Second Report and Order is hereby adopted. It is further ordered that Sec. Sec. 2.1033(c)(20), 90.537, 90.547 and 90.548 of the Commission's rules, 47 CFR 2.1033(c)(20), 90.537, 90.547, and 90.548, are amended as set forth in Appendix B. The amendments to Sec. Sec. 2.1033(c)(20), 90.537, 90.547 and 90.548 of the Commission's rules, 47 CFR 2.1033(c)(20), 90.537, 90.547 and 90.548, shall become effective thirty days after publication of this Second Report and Order in the Federal Register. It is further ordered that the Petition for Clarification of Motorola Solutions, Inc. filed March 1, 2016, is granted, to the extent discussed in this Second Report and Order. It is further ordered, pursuant to sections 4(i), and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and 405(a), and Sec. 1.429 of the Commission's rules, 47 CFR 1.429, that the Petition for Partial Reconsideration filed October 31, 2016, by Motorola Solutions, Inc. is granted to the extent discussed in this Second Report and Order and Order on Reconsideration. It is further ordered, that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Second Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. It is further ordered that the Commission shall send a copy of this Second Report and Order in a report to be sent to Congress and the General Accounting Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Parts 2 and 90 Radio. Federal Communications Commission. Marlene Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 and 90 as follows: PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 0 1. The authority citation for part 2 continues to read as follows: Authority: 47 U.S.C. 154, 302, 303, 307, 336, and 337, unless otherwise noted. [[Page 30367]] 0 2. Section 2.1033 is amended by revising paragraph (c)(20) to read as follows: Sec. 2.1033 Application for certification. * * * * * (c) * * * (20) Before equipment operating under part 90 of this chapter and capable of operating on the 700 MHz interoperability channels (See Sec. 90.531(b)(1) of this chapter) may be marketed or sold, the manufacturer thereof shall have a Compliance Assessment Program Supplier's Declaration of Compliance and Summary Test Report or, alternatively, a document detailing how the manufacturer determined that its equipment complies with Sec. 90.548 of this chapter 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. * * * * * PART 90--PRIVATE LAND MOBILE RADIO SERVICE 0 3. The authority citation for part 90 continues to read as follows: Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156. 0 4. Section 90.537 is amended by revising paragraph (a) to read as follows: Sec. 90.537 Trunking requirement. (a) General use and State License channels. All fixed transmitter sites using six or more narrowband channels in the 769-775 MHz and 799- 805 MHz frequency bands must be trunked, except for those described in paragraph (b) of this section. This paragraph does not apply to Vehicular Repeater Systems (MO3) authorized on the General Use and State License channels listed in Sec. 90.531(b). * * * * * 0 5. Section 90.547 is amended by revising paragraph (a) introductory text to read as follows: Sec. 90.547 Narrowband Interoperability channel capability requirement. (a) Except as noted in this section, mobile and portable transmitters operating on narrowband channels in the 769-775 MHz and 799-805 MHz frequency bands must be capable of operating on all of the designated nationwide narrowband Interoperability channels pursuant to the standards specified in this part. Provided, however, that the licensee need not program such transmitters to make all interoperability channels accessible to the end user. * * * * * 0 6. Section 90.548 is amended by revising paragraph (c) and adding paragraph (d) to read as follows: Sec. 90.548 Interoperability Technical Standards. * * * * * (c) Transceivers capable of operating on the narrowband Interoperability channels listed in Sec. 90.531(b)(1) shall not be marketed or sold unless 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 this section. (d) Transceivers capable of conventional operations on the narrowband Interoperability channels listed in Sec. 90.531(b)(1) must, at a minimum, include the following feature sets and capabilities while operating in the conventional mode to be validated for compliance with the Project 25 standards consistent with Sec. 2.1033(c)(20) of this chapter and paragraph (c) of this section. (1) A subscriber unit must be capable of issuing group calls in a conventional system in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 6.1 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.2.2.4.1, and Test Case 2.4.2.4.1. (2) Two Project 25 standard squelch modes, Monitor Squelch and Normal Squelch, must be supported in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 6.1.1.3 with validation testing according to TIA-102.CABA Conventional Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.2.3.4.1, Test Case 2.2.1.4.1 (Direct, normal squelch), Test Case 2.4.9.4.1 (Repeated, monitor squelch), and Test Case 2.4.1.4.1 (Repeated, normal squelch). (3) A subscriber unit must properly implement conventional network access codes values (NAC) of $293 and $F7E in conformance with the following standards: TIA-102.BAAC-C Common Air Interface Reserved Values (2011), Section 2.1 with validation testing according to TIA- 102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.2.1.4.1 and Test Case 2.2.8.4.1. (4) A fixed conventional repeater must be able to repeat the correct/matching network access code (NAC) for all subscriber call types (clear and encrypted) using the same output NAC in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.1.4.1, and Test Case 2.4.2.4.1. (5) A fixed conventional repeater must be able to repeat the correct/matching network access code (NAC) for all subscriber call types (clear and encrypted) using a different output NAC in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.3.4.1 and Test Case 2.4.4.4.1. (6) A fixed conventional repeater must be able to reject (no repeat) all input transmissions with incorrect network access code (NAC) in conformance with the following standard: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.1.4.1, and Test Case 2.4.2.4.1. (7) A fixed conventional repeater must be able to support the correct implementation of network access code (NAC) values $F7E and $F7F in conformance with the following standards: TIA 102.BAAD-B [[Page 30368]] Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.5.4.1, Test Case 2.4.6.4.1, and Test Case 2.4.7.4.1. [FR Doc. 2018-13859 Filed 6-27-18; 8:45 am] BILLING CODE 6712-01-P
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such permits will be in effect in lieu of FEDERAL COMMUNICATIONS portable 700 MHz public safety radios,
the Federal 40 CFR part 257, subpart D, COMMISSION as supplied to the ultimate user, must be
CCR regulations. For those CCR units capable of operating on all of the
that are not yet permitted, the Federal 47 CFR Parts 2 and 90 narrowband nationwide interoperability
regulations at part 257 will remain in [PS Docket Nos. 13–87, 06–229; WT Docket channels without addition of hardware,
effect until such time that ODEQ issues No. 96–86, RM–11433, RM–11577; FCC 16– firmware, or software, and must be
permits under this CCR program for 111] interoperable across vendors and
those units. operate in conformance with P25
The WIIN Act specifies that EPA will Service Rules Governing Narrowband standards.
review a state CCR permit program: Operations in the 769–775/799–805 In the companion Order on
• From time to time, as the MHz Bands Reconsideration, the Commission
Administrator determines necessary, but addresses the Petition for Partial
AGENCY: Federal Communications
not less frequently than once every 12 Reconsideration filed by Motorola
Commission.
years; Solutions, Inc. (Motorola), which
ACTION: Final rule. requested that the Commission
• Not later than 3 years after the date
on which the Administrator revises the SUMMARY: In this document, the Federal postpone the effective date of certain
applicable criteria for CCR units under Communications Commission previously adopted rules (i.e. 47 CFR
part 257 of title 40, CFR (or successor (Commission) amends the Commission’s Sections 2.1033(c) and 90.548(c)) until
regulations promulgated pursuant to rules to promote spectrum efficiency, complementary proposals that were the
sections 1008(a)(3) and 4004(a)); interoperability, and flexibility in 700 subject of the Further Notice of
• Not later than 1 year after the date MHz public safety narrowband (769– Proposed Rulemaking in this proceeding
of a significant release (as defined by the 775/799–805 MHz). are resolved. As requested by Motorola,
Administrator), that was not authorized DATES: Effective July 30, 2018. we adopt a uniform effective date for the
at the time the release occurred, from a rules that were the subject of the
FOR FURTHER INFORMATION CONTACT: John
CCR unit located in the state; and Motorola Petition for Partial
A. Evanoff, Policy and Licensing
Reconsideration and the rules newly
• In request of any other state that Division, Public Safety and Homeland
adopted in this Second Report and
asserts that the soil, groundwater, or Security Bureau, (202) 418–0848 or
Order.
surface water of the state is or is likely john.evanoff@fcc.gov.
to be adversely affected by a release or SUPPLEMENTARY INFORMATION: This is a Procedural Matters
potential release from a CCR unit summary of the Commission’s Second The Final Regulatory Flexibility
located in the state for which the Report and Order on Reconsideration in Analysis required by section 604 of the
program was approved. PS Docket No. 13–87, FCC 18–11, Regulatory Flexibility Act, 5 U.S.C. 604,
The WIIN Act also provides that in a released on February 12, 2018, and is included in Appendix A of the
state with an approved CCR permitting corrected by Erratum released on May Second Report and Order and Order on
program, the Administrator may 10, 2018. The complete text of this Reconsideration.
commence an administrative or judicial document is also available for
enforcement action under section 3008 inspection and copying during normal Final Regulatory Flexibility Analysis
if: business hours in the FCC Reference As required by the Regulatory
• The state requests that the Information Center, Portals II, 445 12th Flexibility Act of 1980, as amended
Administrator provide assistance in the Street SW, Room CY–A257, (RFA), an Initial Regulatory Flexibility
performance of an enforcement action; Washington, DC 20554. To request Analysis (IRFA) was incorporated into
or materials in accessible formats for the Further Notice of Proposed Rule
• After consideration of any other people with disabilities (Braille, large Making (FNPRM) in PS Docket No. 13–
administrative or judicial enforcement print, electronic files, audio format), 87 released on August 22, 2016. See 81
action involving the CCR unit, the send an email to FCC504@fcc.gov or call FR 65984 (2016). The Commission
Administrator determines that an the Consumer & Governmental Affairs sought written public comment on
enforcement action is likely to be Bureau at 202–418–0530 (voice), 202– proposals in the FNPRM, including
necessary to ensure that the CCR unit is 418–0432 (TTY). comments on the IRFA. No comments
operating in accordance with the criteria were filed addressing the IRFA. The
Synopsis
established under the state’s permit present Final Regulatory Flexibility
program. In this Second Report and Order, the Analysis (FRFA) conforms to the RFA.
Further, in the case of an enforcement Commission amends and clarifies the
Commission’s 700 MHz narrowband Need for, and Objectives of, the Final
action by the Administrator, before Rules
issuing an order or commencing a civil (769–775/799–805 MHz)
action, the Administrator shall notify interoperability and technical rules. In the Second Report and Order in
the state in which the coal combustion Specifically, this Second Report and this proceeding, we amend the
residuals unit is located. Order (1) amends and clarifies the rules interoperability and technical rules
to exempt 700 MHz low-power governing 700 MHz public safety
V. Action Vehicular Repeater Systems (VRS) from narrowband spectrum (769–775 MHz
In accordance with 42 U.S.C. 6945(d), the 700 MHz trunking requirements; (2) and 799–805 MHz). The rule changes
EPA is approving ODEQ’s CCR permit amends the rules to ensure that 700 promote interoperable and efficient use
MHz public safety licensees receive of 700 MHz public safety narrowband
amozie on DSK3GDR082PROD with RULES
program application.
information on the basis of vendor spectrum while reducing the regulatory
Dated: June 18, 2018. assertions that equipment is burdens on public safety entities,
E. Scott Pruitt, interoperable across vendors and manufacturers and other stakeholders
Administrator. complies with Project 25 (P25) wherever possible. In order to achieve
[FR Doc. 2018–13461 Filed 6–27–18; 8:45 am] standards; and (3) amends the rules to these objectives, we revise the rules to
BILLING CODE 6560–50–P require that all narrowband mobile and exempt low power vehicular repeater
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Description of Projected Reporting, vendors and between users. Thus, it It is further ordered that
Recordkeeping, and Other Compliance would be beneficial to incorporate into §§ 2.1033(c)(20), 90.537, 90.547 and
Requirements our rules specific feature sets and 90.548 of the Commission’s rules, 47
The rules adopted in the Second capabilities that must be tested for CFR 2.1033(c)(20), 90.537, 90.547, and
Report and Order will not entail radios designed to operate on the 700 90.548, are amended as set forth in
additional reporting, recordkeeping, MHz narrowband interoperability Appendix B. The amendments to
and/or third-party consultation for small channels. To minimize burdens, the §§ 2.1033(c)(20), 90.537, 90.547 and
entities to comply. Second Report and Order clarifies that 90.548 of the Commission’s rules, 47
manufacturers may employ their own CFR 2.1033(c)(20), 90.537, 90.547 and
Steps Taken To Minimize Significant testing protocol, declines to require 90.548, shall become effective thirty
Economic Impact on Small Entities, and manufacturers to test non-voice features days after publication of this Second
Significant Alternatives Considered and capabilities, and refrains from Report and Order in the Federal
The RFA requires an agency to imposing new reporting and record Register.
describe any significant, specifically keeping requirements on stakeholders. It is further ordered that the Petition
small business alternatives that it has Finally, the Second Report and Order for Clarification of Motorola Solutions,
considered in reaching its proposed amends the rules concerning the Inc. filed March 1, 2016, is granted, to
approach, which may include the requirement that 700 MHz radios be the extent discussed in this Second
following four alternatives (among capable of being programmed to operate Report and Order.
others): ‘‘(1) The establishment of on the designated interoperability It is further ordered, pursuant to
differing compliance or reporting channels. Amendment provides greater sections 4(i), and 405 of the
requirements or timetables that take into certainty to equipment manufacturers Communications Act of 1934, as
account the resources available to small on the required performance of their amended, 47 U.S.C. 154(i), and 405(a),
entities; (2) the clarification, equipment. Amending the rule obviates and § 1.429 of the Commission’s rules,
consolidation, or simplification of the need for imposing new requirements 47 CFR 1.429, that the Petition for
compliance or reporting requirements on public safety and manufacturers. Partial Reconsideration filed October 31,
under the rule for small entities; (3) the Report to Congress 2016, by Motorola Solutions, Inc. is
use of performance, rather than design, granted to the extent discussed in this
standards; and (4) and exemption from The Commission will send a copy of Second Report and Order and Order on
coverage of the rule, or any part thereof, the Second Report and Order, including Reconsideration.
for small entities.’’ this FRFA, in a report to Congress It is further ordered, that the
The Second Report and Order pursuant to the Congressional Review Commission’s Consumer and
changes the interoperability and Act. In addition, the Commission will Governmental Affairs Bureau, Reference
technical rules covering operation of send a copy of the Second Report and Information Center, shall send a copy of
public safety systems on narrowband Order, including this FRFA, to the Chief this Second Report and Order,
spectrum in the 700 MHz band. Counsel for Advocacy of the SBA. A including the Final Regulatory
Specifically, the Second Report and copy of this Second Report and Order, Flexibility Analysis, to the Chief
Order amends Section 90.537 of the and FRFA (or summaries thereof) will Counsel for Advocacy of the Small
Commission’s rules to promote efficient also be published in the Federal Business Administration.
use of public safety narrowband Register. It is further ordered that the
spectrum in the band while reducing Paperwork Reduction Act of 1995 Commission shall send a copy of this
economic burdens on licensees. For the Analysis Second Report and Order in a report to
700 MHz General Use and State License be sent to Congress and the General
channels, Section 90.537 provides that This document does not contain new Accounting Office pursuant to the
‘‘[a]ll systems using six or more information collection requirements Congressional Review Act, 5 U.S.C.
narrowband channels in the 769–775 subject to the Paperwork Reduction Act 801(a)(1)(A).
MHz and 799–805 MHz frequency of 1995 (PRA), Public Law 104–13.
bands must be trunked systems, except List of Subjects in 47 CFR Parts 2 and
Congressional Review Act 90
for those described in paragraph (b) of
this section.’’ In order to strike the The Commission will send a copy of Radio.
proper balance between spectrum this Second Report and Order and
efficiency and operational needs as well Order on Reconsideration to Congress Federal Communications Commission.
as avoid unnecessary costs to public and the Government Accountability Marlene Dortch,
safety, the Second Report and Order Office pursuant to the Congressional Secretary.
exempts low power vehicular repeaters Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Rules
from the 700 MHz narrowband trunking
Federal Rules That May Duplicate,
requirements and clarifies that the For the reasons discussed in the
Overlap, or Conflict With the Proposed
trunking requirement applies to preamble, the Federal Communications
Rules
individual transmitter sites. Commission amends 47 CFR parts 2 and
The Second Report and Order None. 90 as follows:
maximizes interoperability by adopting
Ordering Clauses PART 2—FREQUENCY ALLOCATIONS
a list of feature sets and capabilities in
radios designed to operate in the Accordingly, it is ordered that, AND RADIO TREATY MATTERS;
amozie on DSK3GDR082PROD with RULES
conventional mode on the designated pursuant to sections 1, 4(i), 303, 316, GENERAL RULES AND REGULATIONS
700 MHz narrowband interoperability 332, and 337 of the Communications
channels. Currently, the Commission’s Act of 1934, as amended, 47 U.S.C. 151, ■ 1. The authority citation for part 2
rules do not specify feature sets or 154(i), 303, 316, 332, and 337, this continues to read as follows:
capabilities that should be tested in Second Report and Order is hereby Authority: 47 U.S.C. 154, 302, 303, 307,
order to promote interoperability across adopted. 336, and 337, unless otherwise noted.
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![30368 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
Conventional Procedures (2015), Federal Communications Commission. plaice total allowable catch (TAC)
Section 2.5 with validation testing Nazifa Sawez, specified for the BSAI.
according to TIA–102.CABA Assistant Chief, Audio Division, Media DATES: Effective 1200 hrs, Alaska local
Interoperability Testing for Voice Bureau. time (A.l.t.), June 25, 2018, through
Operation in Conventional Systems For the reasons discussed in the 2400 hrs, A.l.t., December 31, 2018.
(2010), Test Case 2.4.5.4.1, Test Case preamble, the Federal Communications FOR FURTHER INFORMATION CONTACT:
2.4.6.4.1, and Test Case 2.4.7.4.1. Commission amends 47 CFR part 73 as Steve Whitney, 907–586–7228.
[FR Doc. 2018–13859 Filed 6–27–18; 8:45 am] follows: SUPPLEMENTARY INFORMATION: NMFS
BILLING CODE 6712–01–P manages the groundfish fishery in the
PART 73—RADIO BROADCAST BSAI exclusive economic zone
SERVICES according to the Fishery Management
FEDERAL COMMUNICATIONS Plan for Groundfish of the Bering Sea
COMMISSION ■ 1. The authority citation for part 73
and Aleutian Islands Management Area
continues to read as follows:
(FMP) prepared by the North Pacific
47 CFR Part 73 Authority: 47 U.S.C. 154, 303, 309, 310, Fishery Management Council under
[DA 18–543; MB Docket No. 18–27; RM– 334, 336, and 339. authority of the Magnuson-Stevens
11796] ■ 2. Section 73.202(b), the table is Fishery Conservation and Management
amended under Arizona, by adding Act. Regulations governing fishing by
Radio Broadcasting Services; Desert Desert Hills, Channel 292A, in U.S. vessels in accordance with the FMP
Hills, Arizona alphabetical order to read as follows: appear at subpart H of 50 CFR part 600
AGENCY: Federal Communications and 50 CFR part 679.
§ 73.202 Table of Allotments.
Commission. The 2018 Alaska plaice TAC specified
* * * * * for the BSAI is 16,100 metric tons as
ACTION: Final rule. (b) * * * established by the final 2018 and 2019
SUMMARY: At the request of L. Topaz harvest specifications for groundfish in
Channel No. the BSAI (83 FR 8365, February 27,
Enterprises, Inc., the Audio Division
amends the FM Table of Allotments by 2018).
adding Channel 292A at Desert Hills, * * * * * In accordance with § 679.20(d)(1)(i),
Arizona. We find that the public interest the Administrator, Alaska Region,
would be served by allotting a second Arizona NMFS, (Regional Administrator) has
local service at Desert Hills, Arizona. A determined that the 2018 Alaska plaice
staff engineering analysis indicates that TAC in the BSAI will soon be reached.
Channel 292A can be added at Desert Therefore, the Regional Administrator is
* * * * * establishing a directed fishing
Hills, Arizona, as proposed, consistent Desert Hills ........................... 292A
with the minimum distance separation allowance of 15,100 mt, and is setting
requirements of the Commission’s rules * * * * * aside the remaining 1,000 mt as bycatch
without a site restriction. The reference to support other anticipated groundfish
coordinates are 34–32–58 NL and 114– * * * * * fisheries. In accordance with
22–2 WL. [FR Doc. 2018–13794 Filed 6–27–18; 8:45 am] § 679.20(d)(1)(iii), the Regional
BILLING CODE 6712–01–P Administrator finds that this directed
DATES: Effective July 9, 2018.
fishing allowance has been reached.
FOR FURTHER INFORMATION CONTACT: Consequently, NMFS is prohibiting
Adrienne Y. Denysyk, Media Bureau, directed fishing for Alaska plaice in the
(202) 418–2700. DEPARTMENT OF COMMERCE
BSAI.
SUPPLEMENTARY INFORMATION: This is a National Oceanic and Atmospheric While this closure is effective the
synopsis of the Commission’s Report Administration maximum retainable amounts at
and Order, MB Docket No. 18–27, § 679.20(e) and (f) apply at any time
adopted May 25, 2018, and released 50 CFR Part 679 during a trip.
May 25, 2018. The full text of this
Classification
Commission decision is available for [Docket No. 170817779–8161–02]
inspection and copying during normal This action responds to the best
RIN 0648–XG317 available information recently obtained
business hours in the FCC’s Reference
Information Center at Portals II, CY– Fisheries of the Exclusive Economic from the fishery. The Assistant
A257, 445 12th Street SW, Washington, Zone Off Alaska; Alaska Plaice in the Administrator for Fisheries, NOAA
DC 20554. The full text is also available Bering Sea and Aleutian Islands (AA), finds good cause to waive the
online at http://apps.fcc.gov/ecfs/. This Management Area requirement to provide prior notice and
document does not contain information opportunity for public comment
collection requirements subject to the AGENCY: National Marine Fisheries pursuant to the authority set forth at 5
Paperwork Reduction Act of 1995, Service (NMFS), National Oceanic and U.S.C. 553(b)(B) as such requirement is
Public Law 104–13. The Commission Atmospheric Administration (NOAA), impracticable and contrary to the public
will send a copy of the Report and Commerce. interest. This requirement is
Order in a report to be sent to Congress impracticable and contrary to the public
amozie on DSK3GDR082PROD with RULES
ACTION: Temporary rule; closure.
and the Government Accountability interest as it would prevent NMFS from
Office pursuant to the Congressional SUMMARY: NMFS is prohibiting directed responding to the most recent fisheries
Review Act, see 5 U.S.C. 801(a)(1)(A). fishing for Alaska plaice in the Bering data in a timely fashion and would
Sea and Aleutian Islands management delay the directed fishery closure of
List of Subjects in 47 CFR Part 73 area (BSAI). This action is necessary to Alaska plaice in the BSAI. NMFS was
Radio, Radio broadcasting. prevent exceeding the 2018 Alaska unable to publish a notice providing
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Document Created: 2018-11-06 09:55:12
Document Modified: 2018-11-06 09:55:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective July 30, 2018. | |
| Contact | John A. Evanoff, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-0848 or [email protected] | |
| FR Citation | 83 FR 30364 | |
| CFR Citation | 47
CFR
2 47 CFR 90 |
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