[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Proposed Rules]
[Pages 3064-3069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-938]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 09-19; RM-11514; RM-11531; FCC 10-203]


Travelers Information Stations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Notice of Proposed Rulemaking (NPRM) solicits comment on 
whether to modify the existing rules governing the licensing and 
operation of Travelers' Information Stations (TIS) to expand the scope 
of permitted operations. By initiating this proceeding, the Federal 
Communications Commission (the Commission) grants petitions for 
rulemaking filed by Highway Information Systems, Inc. (HIS) and the 
American Associations of State Highway and Transportation Officials 
(AASHTO) requesting the commencement of a proceeding to amend the TIS 
rules.

DATES: Submit comments on or before February 18, 2011. Submit reply 
comments March 7, 2011.

ADDRESSES: Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments. Comments may be filed using: (1) the Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1 
(1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    <bullet> 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.
    <bullet> 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 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
    <bullet> 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.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.

FOR FURTHER INFORMATION CONTACT: Eric Ehrenreich, Public Safety and 
Homeland Security Bureau, at (202) 418-1726, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554; or via the 
Internet to <a href="/cdn-cgi/l/email-protection#f7b2859e94d9b29f85929985929e949fb7919494d9909881"><span class="__cf_email__" data-cfemail="bdf8cfd4de93f8d5cfd8d3cfd8d4ded5fddbdede93dad2cb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
and Notice of Proposed Rulemaking in PS Docket No. 09-19, adopted on 
December 29, 2010, and released on December 30, 2010. The complete text 
of this document is 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. This document may 
also be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., in person at 445 12th Street, SW., Room CY-
B402, Washington, DC 20554, via telephone at (202) 488-5300, via 
facsimile at (202) 488-5563, or via e-mail at <a href="/cdn-cgi/l/email-protection#97d1d4d4d7d5d4c7dec0d2d5b9f4f8fa"><span class="__cf_email__" data-cfemail="bef8fdfdfefcfdeef7e9fbfc90ddd1d3">[email protected]</span></a>. 
Alternative formats (computer diskette, large print, audio cassette, 
and Braille) are available to persons with disabilities or by sending 
an e-mail to <a href="/cdn-cgi/l/email-protection#92d4d1d1a7a2a6d2f4f1f1bcf5fde4"><span class="__cf_email__" data-cfemail="efa9acacdadfdbaf898c8cc1888099">[email protected]</span></a> or calling the Consumer and Governmental 
Affairs Bureau at (202) 418-0530, TTY (202) 418-0432. This document is 
also available on the Commission's Web site at http://www.fcc.gov.

I. Introduction

    1. In this NPRM, the Commission solicits comment on whether to 
modify the existing rules governing the licensing and operation of TIS 
to expand the scope of permitted operations. Since the inception of TIS 
in 1977, the Commission has authorized TIS operations to permit Public 
Safety Pool eligible entities to transmit noncommercial travel-related 
information to motorists on a localized basis. However, certain parties 
and licensees have sought to expand the scope of TIS operations in 
order to transmit more general alerts and public safety-related 
information to the public, including non-motorists. By initiating this 
proceeding, the Commission grants petitions for rulemaking filed by HIS 
and the AASHTO requesting the commencement of a proceeding to amend the 
TIS rules. The Commission denies the petition for declaratory ruling 
regarding TIS filed by American Association of Information Radio 
Operators (AAIRO), but incorporate the issues raised in AAIRO's 
petition into this rulemaking proceeding.

II. Background

    2. The Commission promulgated TIS operations in 1977 in order to 
``establish an efficient means of communicating certain kinds of 
information to travelers over low power radio transmitters licensed to 
Local Government entities.'' The Commission specifically noted that 
such stations had been used to reduce traffic congestion and to 
transmit ``road conditions, travel restrictions, and weather forecasts 
to motorists.'' Further, the Commission anticipated that such stations 
also would be used to ``transmit travel related emergency messages 
concerning natural disasters (e.g., forest fires, floods, etc.), 
traffic accidents and hazards, and related bulletins affecting the 
immediate welfare of citizens.''
    3. Commercial broadcasters opposed the creation of TIS, claiming 
that it would duplicate information provided by commercial broadcasts, 
including ``comprehensive weather reports, reports of traffic 
conditions, names of gasoline stations, restaurants, and lodging 
conveyed through advertising.'' The broadcasters worried that this 
would siphon off advertising revenues. Other licensees averred that TIS 
operations would cause impermissible interference with their 
operations.
    4. To address these concerns, the Commission prohibited TIS 
operators from transmitting ``commercial'' messages and emphasized that 
strict limits would be placed on other operational aspects of TIS 
licenses,

[[Page 3065]]

including authorized power levels. Regarding the former, the Commission 
stated that: ``No commercial operation of these stations is intended or 
permitted.'' The Commission also adopted power and transmitter coverage 
limitations to ensure that TIS operations typically would be confined 
to the immediate vicinity of specified, travel-related areas. The 
Commission imposed this transmitter location restriction with the 
objective of limiting service to ``the traveler in the immediate 
vicinity of the station.'' Although the Commission did not preclude TIS 
operations from multiple transmitters, each TIS site is expected to 
provide specifically targeted information restricted to the immediate 
vicinity of certain areas specified by the rules. Multiple TIS site 
operations working on a network concept would not be allowed. 
Additionally, TIS licensees operate predominantly on a secondary basis, 
and their operations may ``be suspended, modified, or withdrawn by the 
Commission without prior notice or right to hearing if necessary to 
resolve interference conflicts.''
    5. TIS stations are authorized on a primary basis on 530 kHz and on 
a secondary basis in the 535-1705 kHz band, all of which is receivable 
with an AM radio. TIS operates on a low power basis: maximum output 
power is 50 watts with a cable antenna and 10 watts with a traditional 
radiating antenna. TIS stations may only transmit ``noncommercial voice 
information pertaining to traffic and road conditions, traffic hazard 
and travel advisories, directions, availability of lodging, rest stops 
and service stations, and descriptions of local points of interest.'' 
Finally, TIS transmitting sites are restricted to ``the immediate 
vicinity of * * * [a]ir, train, and bus transportation terminals, 
public parks and historical sites, bridges, tunnels, and any 
intersection of a Federal Interstate Highway with any other Interstate, 
Federal, State, or local highway.''
    6. The Commission has not undertaken a major amendment of the TIS 
rules since their inception. However, in an effort to address apparent 
operational limitations imposed by the current TIS rules, a few TIS 
operators have acted on their own accord to expand the scope of TIS 
content and operations. This has resulted in at least one Commission 
enforcement action. Other TIS operators and their sponsors have sought 
to expand the scope of TIS operations through rule waiver requests. In 
this proceeding, the Commission considers the petitions filed by HIS, 
AAIRO, and AASHTO that seek rule changes or clarification of the scope 
of the Commission's current TIS rules.
    7. On July 16, 2008, HIS filed a petition for rulemaking (HIS 
Petition) to amend the TIS rules. The HIS Petition requests that the 
Commission: (1) Re-title TIS as the ``Local Government Radio Service;'' 
(2) expand the permissible use rule in section 90.242(a)(7) to 
``provide that stations in the local government radio service may be 
used to broadcast information of a non-commercial nature as determined 
by the government entity licensed to operate the station and other 
government entities with which the licensee cooperates;'' and (3) 
``eliminate the limitation on the sites for local government radio 
stations that confines such stations to areas near roads, highways and 
public transportation terminals.''
    8. On September 9, 2008, AAIRO filed a petition for declaratory 
ruling (AAIRO Petition). The AAIRO Petition asks for (1) a ``[r]uling 
that any message concerning the safety of life or protection of 
property that may affect any traveler or any individual in transit or 
soon to be in transit, may be transmitted on Travelers' Information 
Stations, at the sole discretion of officials authorized to operate 
such stations;'' and (2) ``a clear directive that such messages, by 
definition, are expressly included in the permissible content 
categories defined by 47 CFR 90.242(a)(7).'' In its petition, AAIRO 
states that such a declaration would allow the broadcast of a wide 
range of information over TIS, including NOAA Weather Radio 
retransmissions, AMBER Alerts, alternate phone numbers when local 911 
systems fail, terror threat alert levels, public health warnings ``and 
all manner of civil defense announcement.'' AAIRO, however, does not 
seek any expansion of TIS operational limitations currently imposed by 
the Commission's rules.
    9. On March 16, 2009, AASHTO filed a petition for rulemaking 
seeking revision of the TIS rules to permit the transmission of AMBER 
Alerts and information regarding the availability of 511 services.
    10. On February 13, 2009, the Public Safety and Homeland Security 
Bureau (Bureau) released a public notice seeking comment on the HIS and 
AAIRO Petitions. The comment period on those petitions closed on March 
30, 2009, with 61 comments received. On April 23, 2009, the Bureau 
released a public notice seeking comment on the AASHTO Petition. The 
comment period on that petition closed on June 8, 2009, with 11 
comments received.

III. Order

    11. The Commission first addresses the AAIRO petition for 
declaratory ruling. As noted above, AAIRO seeks (1) a ``[r]uling that 
any message concerning the safety of life or protection of property 
that may affect any traveler or any individual in transit or soon to be 
in transit, may be transmitted on Travelers' Information Stations, at 
the sole discretion of officials authorized to operate such stations;'' 
and (2) ``a clear directive that such messages, by definition, are 
expressly included in the permissible content categories defined by 47 
CFR 90.242(a)(7).'' Under AAIRO's proposed interpretation the current 
TIS rules would allow the broadcast of a wide range of information over 
TIS, including NOAA Weather Radio retransmissions, AMBER Alerts, 
alternate phone numbers when local 911 systems fail, terror threat 
alert levels, public health warnings, and other civil defense 
announcements.
    12. The Commission concludes that a declaratory ruling is not the 
appropriate vehicle to decide the issues raised by AAIRO, and it 
therefore denies the AAIRO Petition. Pursuant to section 1.2 of the 
Commission's rules, the Commission may issue a declaratory ruling for 
purposes of ``terminating a controversy or removing uncertainty.'' 
However, a declaratory ruling may not be used to substantively change a 
policy. Section 90.242(a)(7) states that TIS stations may only transmit 
``noncommercial voice information pertaining to traffic and road 
conditions, traffic hazard and travel advisories, directions, 
availability of lodging, rest stops and service stations, and 
descriptions of local points of interest.'' The Commission concludes 
that accepting AAIRO's proposed interpretation of the current rules 
would expand the scope of permitted communications so significantly as 
to constitute a change in policy. While some of the types of 
communications AAIRO cites could arguably fall within the scope of the 
existing rules, other examples cited in the petition--such as NOAA 
transmissions, alternate phone numbers to 911, terror threat alert 
levels, and public health warnings--do not appear to be ``travel 
related'' as contemplated by the plain language of the TIS rules. 
Indeed, the Commission previously issued a notice of violation for 
retransmission of NOAA broadcasts over a TIS transmitter.
    13. For these reasons, the Commission denies AAIRO's petition. 
AAIRO's petition, however, raises matters that are relevant to the 
general thrust of this proceeding to consider expanding the

[[Page 3066]]

travel-related scope of the TIS rules. In fact, these issues overlap 
with issues raised by the HIS and AASHTO petitions concerning possible 
changes to the scope of information content transmitted by TIS. 
Accordingly, the Commission finds that it is in the public interest to 
address the issues raised by the AAIRO Petition and, on its own motion, 
it does so as part of the NPRM below.

IV. Notice of Proposed Rulemaking

    14. In this NPRM, the Commission seeks to determine whether 
expansion of the content and location restrictions in the TIS rules 
would create significant public benefit. To varying degrees, AAIRO, 
HIS, and AASHTO all contend that conditions have sufficiently changed 
since the Commission promulgated the TIS rules in 1977 that some 
expansion of the rules would be in the public interest. However, the 
changes proposed by the three organizations differ from one another in 
scope. The Commission therefore seeks comment on the specific changes 
to the TIS rules proposed by each petitioner, and on the overall 
approach that the Commission should take. Should the Commission 
significantly expand the scope of permitted communications and alerts 
by local governments on TIS stations, or should it adopt more limited 
changes that are consistent with the traditional travel-related focus 
of TIS?

A. Issues Raised by the AAIRO Petition

    15. Initially, the Commission seeks comment on AAIRO's suggestion 
that the Commission should allow TIS stations to broadcast information 
including NOAA Weather Radio retransmissions, AMBER Alerts, alternate 
phone numbers when local 911 systems fail, terror threat alert levels, 
public health warnings, and civil defense announcements. Many 
commenters, most of them emergency managers and first responders, 
supported the AAIRO petition. Many of these commenters also indicate 
their desire to utilize TIS transmitters for the uses suggested by 
AAIRO, as well as a number of other uses. The Commission seeks comment 
on expanding the scope of the TIS rules to allow a broader array of 
government information and alerts. Should the Commission identify 
specific services, such as AMBER Alerts and NOAA weather broadcasts, in 
the TIS services rules? What limits, if any, should the Commission 
place on information allowed to be transmitted over TIS?
    16. The Commission also seeks comment on whether expansion of the 
TIS rules as proposed by AAIRO would have any adverse effect on 
commercial broadcasting. AAIRO states that allowing the uses it 
proposes will not lead to any competition with commercial broadcasters. 
The National Association of Broadcasters (NAB), however, opposes the 
uses proposed by AAIRO, stating that the AAIRO petition does ``not 
provide sufficient evidence to justify approval of their requests for a 
fundamental transformation of [TIS] operations.''
    17. AASHTO also raises concerns about expanding the scope of 
information transmitted over TIS. AASHTO notes that since the original 
TIS rules were adopted in 1977, ``there has been an explosion in the 
amount of information to which travelers may have access,'' and 
proposes that the Commission should re-focus the type of information 
that should be permitted on TIS stations to include information 
intended to promote situational awareness * * *.''
    18. AASHTO also asserts that routine rebroadcast of NOAA weather 
information would ``have a severe affect on the [TIS] service's ability 
to carry official urgent information in the event of an emergency.'' 
AASHTO, however, states that it ``supports the ability of a TIS 
licensee to transmit information regarding [non-routine] adverse 
conditions.'' In that regard, AASHTO urges the Commission to clarify 
that current FCC rules allow rebroadcast of NOAA weather radio on TIS 
only if ``initiated through the reception of an encoded SAME 
transmission containing a weather message event code'' which will 
terminate on the earlier of (1) receipt of an encoded SAME message 
canceling the event code, or (2) the passage of six hours.
    19. The Commission seeks comment on AASHTO's position and the 
distinction it makes between the rebroadcast over TIS of routine versus 
non-routine NOAA weather reports. The Commission asks commenters to 
frame their comments in the context of: (1) The TIS service rules and 
whether they should be expanded to make a clear accommodation for non-
routine NOAA reports; and (2) sections 90.405(a)(1) and 90.407 of the 
Commission's rules, which allow for, respectively, the transmission 
over the TIS service of ``emergency communications'' under certain 
circumstances and ``any communications related directly to the imminent 
safety-of-life or property.'' Are the existing part 90 rules sufficient 
for the Commission to clarify that non-routine NOAA reports over TIS 
permitted, as AASHTO requests? The Commission clarifies that it is not 
proposing to declare permissible under its existing rules anything that 
would be within the scope of its previous enforcement action against 
retransmission of NOAA broadcasts.

B. HIS Petition

    20. The HIS Petition asks that the Commission (1) Re-title the TIS 
service rules as ``Local Government Radio Service,'' (2) expand the 
permissible use rule in section 90.242(a)(7) to ``provide that stations 
in the local government radio service may be used to broadcast 
information of a non-commercial nature as determined by the government 
entity licensed to operate the station and other government entities 
with which the licensee cooperates,'' and (3) ``eliminate the 
limitation on the sites for local government radio stations that 
confines such stations to areas near roads, highways and public 
transportation terminals.''
    21. In support of these proposed changes to the TIS rules, HIS 
states that the Commission actively promotes policies to ``enhance the 
reliability, resiliency, and security of emergency alerts to the public 
by requiring that alerts be distributed over diverse communications 
platforms,'' and that ``TIS stations provide a means of communicating 
with all Americans since only an AM radio is necessary to receive these 
communications. * * * TIS stations provide a communications channel 
that is diverse and redundant.'' HIS further notes that many ``TIS 
stations are solar-powered and/or have battery backup systems and as a 
result they continue to operate during a power blackout.''
    22. Eleven of seventeen commenters supported the HIS Petition. The 
majority of the supporting commenters provide additional perspectives 
on how the TIS service could be used should the Commission determine to 
revise the rules per the HIS petition.
    23. ``Local Government Radio Service.'' HIS urges the Commission to 
re-title the TIS service rules as ``Local Government Radio Service,'' 
because it is ``more consistent with the broader interests and 
responsibilities of the government.'' HIS states that given ``the 
highly localized nature of these stations, the particular content 
broadcast on a station will be best determined by the government entity 
with jurisdiction over that specific location.'' Middletown Township 
also supports a change of the service's name to reflect ``less 
restrictive transmitter siting'' as well as expanded content.
    24. APCO opposes the proposed name change to ``Local Government 
Radio Service,'' as this was the previous name of a part 90, land 
mobile radio service.

[[Page 3067]]

As an alternative, APCO suggests ``Local Government AM Radio Service.'' 
Texas DOT states that ``we do not support changing the radio service 
name to `Local Government Radio Service' as * * * some agencies may be 
tempted to broadcast programming which may belong on news media 
broadcasts rather than a government warning or alert system.'' The 
Commission seeks comment on whether it should retain or change the name 
of the TIS service. Could a name change inadvertently induce TIS 
licensees to broadcast messages more appropriately delivered by local 
media broadcasters?
    25. Section 90.242(a)(7)(permissible use rule). Given the highly 
localized content of TIS broadcasts, HIS also urges amendment of 
section 90.242(a)(7) to ensure that editorial control over the content 
of TIS broadcasts rests squarely with the government entity licensed to 
operate the station. HIS states that the government entity licensed to 
operate the station should have discretion to use the TIS service to 
broadcast any information of a noncommercial nature. HIS's proposal 
would appear to expand the existing scope of TIS to encompass 
information pertinent to non-travelers.
    26. Middletown Township supports the HIS Petition and notes 
possible benefits to an expansion of section 90.242(a)(7):

    While the primary purpose of the TIS station is for emergency 
travel notifications and evacuation information when other media are 
limited or unavailable, the station also could effectively provide, 
to non-traveling residents, emergency readiness information related 
to the county-wide programs noted above, advice on preparation for 
emergencies, local-area relevant safety announcements related to 
approaching weather and developing hazards, power outage and 
restoration information, community announcements, tourist 
information, and information about the township's history, 
environment and parks. This latter public interest information would 
serve to develop listener awareness of the station so that when an 
emergency develops, the public is already attuned to this valuable 
information source.

    Conversely, NAB opposes the HIS Petition, stating that, ``HIS Inc. 
cites only two instances in which licensees sought unsuccessfully to 
use TIS operations for prohibited purposes [energy conservation message 
and NWS forecast loop]. * * * Two examples do not establish that the 
Commission's long-standing regulations on TIS operations are 
unwarranted and certainly do not justify wholesale changes to this 
service.'' NAB further argues that given the ``low-power service with 
an extremely limited, highly targeted reception area * * * contrary to 
HIS Inc.'s suggestion that [its proposed amendments] would improve 
emergency alerting, [they] would not have any significant benefit for 
the public.'' Similarly, AASHTO opposes the HIS Petition, stating that 
``the changes proposed by * * * HIS would inadvisably broaden the type 
of information that TIS licensees may transmit, potentially diluting 
the value of the service.''
    27. The Commission seeks comment on whether and to what extent the 
changes proposed by HIS would or should alter the Commission's 
requirement for a nexus between TIS transmissions and traveling 
motorists. Several commenters contend that the changes proposed by HIS 
would amount to a de facto elimination of the TIS service as presently 
constituted. The Commission seeks comment on whether the public 
interest would be served by expanding the scope to include the 
broadcast of all non-commercial information or whether it is preferable 
to limit the scope of the changes to emergency alerts only, or some 
other subset of permissible content. Would it be possible to expand the 
scope of TIS as proposed by HIS while retaining the travel-nexus 
requirement? If not, would any subsequent restrictions placed on the 
scope of permissible TIS transmissions by government entities licensed 
to use TIS diminish their ability to communicate information of local 
concern to travelers? Would an expansion of the TIS service to include 
all non-commercial information affect the reliability of emergency 
alerts transmitted via TIS? Does continuing to require a traveler-
related nexus serve the public interest? With respect to Middletown 
Township's argument that TIS stations could provide tourist information 
and information on local landmarks, the Commission notes that the TIS 
rules already expressly allow for the broadcasting of tourist 
information, such as directions, availability of lodging, and points of 
interest. If the travel-related nexus should be retained, the 
Commission seeks comment on the extent, if any, to which the type of 
information broadcast over the TIS service might be broadened without 
``diluting'' the value of the service to travelers.
    28. Operational Limitations. HIS asks that ``the Commission 
eliminate the limitation on the sites for local government radio 
stations that confines such stations to areas near roads, highways and 
public transportation terminals.'' HIS states that the local government 
licensee should have the discretion to determine site locations, 
provided that the interference criteria are met with respect to 
commercial AM radio station.
    29. Hatfield & Dawson Consulting Engineers raise interference 
concerns regarding HIS's proposal to eliminate the TIS transmitter site 
limitation, claiming that it:

seeks a change in the rules which almost surely would result in 
substantial numbers of additional TIS facilities. The result would 
be a general increase in the background or ambient radio frequency 
noise levels in the medium wave ``AM'' broadcast band. This has a 
potential for increasing the overall level of interference to 
nighttime operation in the medium wave ``AM'' broadcasting band.

    With regard to interference concerns from expanded TIS operations, 
HIS indicates that there has been ``[no] showing of harmful 
interference'' were the Commission to implement its requested changes 
to the TIS service. The Commission seeks comment on HIS's assertion. Do 
the section 90.242 interference protection standards adequately protect 
AM stations? Should the Commission adopt specific second- and third-
adjacent channel protection standards to ensure lack of interference to 
AM stations? To what extent could TIS broadcast locations be expanded 
without resulting in harmful interference to other licensees? Even if 
the risk of harmful interference resulting from expanded TIS broadcast 
operations is minimal, to what extent would those changes be of any 
practical usefulness given the limitations on power output presently 
established in the TIS rules? Would those power output limitations also 
need to be relaxed in order to provide local governments with any 
benefits? If power output limitations are relaxed, what rule changes 
are necessary to ensure that AM stations are adequately protected? Are 
there any other technical rules that would need to be changed?
    30. Ribbon Systems. AASHTO suggests that ``instead of changing the 
geographic limitations as HIS suggest, the FCC should consider the 
elimination of the TIS rules' restriction on `ribbon systems.' '' 
AASHTO argues that ``such ribbon systems could be useful in providing 
alternative route information to alleviate congestion and manage the 
flow of traffic during emergencies,'' such as ``in the event of an 
evacuation due to a natural or manmade disaster.'' AASHTO continues, 
``[t]emporary TIS stations could be installed along evacuation routes 
to provide critical information regarding the availability of temporary 
emergency facilities and information regarding evacuation areas.'' The 
Commission seeks comment on AASHTO's suggestion regarding ribbon 
systems in response to the HIS Petition.

[[Page 3068]]

    31. The Commission notes that it currently ``precludes an applicant 
from setting up a `network,' or `ribbon' of transmitting stations along 
a highway for the purpose of continuously attracting a motorist with 
what could be superfluous information.'' Do users envision a ribbon 
system of TIS stations transmitting unique information applicable to 
each transmitter's immediate area, or a system of stations transmitting 
in a synchronized mode, where all TIS stations transmit the same 
message in unison? In the latter scenario, it would not be possible for 
information to be tailored to the immediate area of each TIS 
transmitter. How is the latter scenario justified in light of the 
Commission's intent to ensure that the TIS service is not used to 
attract travelers with what could be superfluous or redundant 
information? On the other hand, could AASHTO's examples and other 
potential uses for ribbons systems provide benefits that outweigh the 
Commission's original intent?
    32. AASHTO argues that ``the Commission should recognize that the 
rules should be modified to permit transmission over broader areas than 
now permitted.'' It notes, for example, that ``the area encompassed by 
NOAA SAME [Specific Area Message Encoder] broadcasts generally exceeds 
the current coverage area of a TIS station.'' Section 90.242(b)(4)(iv) 
specifies that the field strength of TIS stations may ``not exceed 2 
mV/m when measured with a standard field strength meter at a distance 
of 1.50 km (0.93 miles) from the transmitting antenna system.'' AASHTO 
notes that, ``[w]hen the Commission set the field strength requirements 
for this service, the national speed limit was 55 miles per hour.'' 
AASHTO contends that ``[a] vehicle traveling at this speed would be 
within the effective service area for approximately two (2) minutes.'' 
AASHTO notes that ``[s]ince 1977, the national speed limit was 
rescinded with the last states reverting to 65-70 mile per hour speed 
limits.'' Given higher speeds, vehicles would be within TIS service 
areas for shorter durations. AASHTO asserts that ``the 2mV/M radiated 
power limitation effectively limits the amount of information that may 
be transmitted by a single location to approximately 90 seconds 
including station identification.''
    33. The Commission notes that its Public Safety and Homeland 
Security Bureau has issued waivers of the field strength limit to 
permit TIS transmitters to reach broader areas. The Commission seeks 
comment on AASHTO's suggestion regarding field strength in response to 
the HIS Petition. Is the field strength limit necessary to protect AM 
broadcast stations and other TIS stations from interference when other 
technical limitations exist in the rules, such as power limits, antenna 
height limits, and minimum spacing requirements between TIS 
transmitters and AM broadcaster contours? Is the field strength limit 
only needed because of the present requirement to provide specific 
information to the ``immediate vicinity'' of areas listed in section 
90.242(a)(5)? Would this limit be unnecessary if TIS stations were to 
be permitted to provide more general information that is applicable to 
broader areas? If the Commission allows TIS stations to serve broader 
areas, what should the new field strength limit be, if any? Would a 
relaxed field strength limit frustrate the purpose of the Commission's 
spacing requirements between co-channel TIS stations as set forth in 
section 90.242(b)(5) of the Commission's rules? Would additional 
technical or operational changes be necessary if the field strength 
limits were amended?
    34. Low-Power FM. In comments, the Local Government Licensees 
(Wilmington, Delaware; Fairfax, Virginia; and Hanover County, Virginia) 
contend that the Commission's rules should be expanded to permit TIS 
stations to transmit a broader scope of noncommercial information, such 
as ``official notices and related communications,'' similar to 
government-operated low-power FM stations. The Commission seeks comment 
on this viewpoint.

C. AASHTO Petition

    35. AASHTO's petition seeks expansion of the present scope of the 
TIS rules to allow the broadcasting of AMBER Alerts and information 
about the availability of 511 services. The Commission received eleven 
comments on the AASHTO Petition. Nine comments were in full support, 
and one was neutral. AAIRO was the sole commenter in opposition, 
contending that the relief sought by AASHTO could be obtained by 
granting AAIRO's declaratory ruling petition.
    36. The Commission seeks further comment on AASHTO's proposal to 
allow AMBER alerts and 511 service information. As noted above in 
denying AAIRO's petition, these issues are not appropriate for 
resolution by declaratory ruling, but they are suitable for action by 
rulemaking. The Commission therefore seeks comment on whether it should 
amend the TIS rules to allow these specific applications.

V. Procedural Matters

A. Paperwork Reduction Act

    37. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 47 U.S.C. 
3506(c)(4).

B. Ex Parte Presentations

    38. The inquiry this Notice initiates shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making oral ex parte presentations are reminded 
that memoranda summarizing the presentations must contain summaries of 
the substance of the presentations and not merely a listing of the 
subjects discussed. More than a one or two sentence description of the 
views and arguments presented generally is required. Other requirements 
pertaining to oral and written presentations are set forth in section 
1.1206(b) of the Commission's rules.

C. Comment Filing Procedures

    39. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1 
(1998).
    <bullet> Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    <bullet> 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

[[Page 3069]]

Secretary, Federal Communications Commission.
    <bullet> 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 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
    <bullet> 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.
    <bullet> U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington DC 20554.
    40. People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an e-mail to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="076164643237334761646429606871">[email protected]</a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

VI. Ordering Clauses

    41. Accordingly, it is ordered that pursuant to sections 4(i) and 
303 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 
303, this Notice of Proposed Rulemaking is adopted.
    42. It is further ordered that pursuant to sections 4(i) and 303 of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303, 
the petitions for rulemaking filed by Highway Information Systems, 
Inc., on July 16, 2008, and the American Association of State Highway 
and Transportation Officials on March 16, 2009, are granted to the 
extent indicated herein.
    43. It is further ordered that pursuant to sections 4(i) and 303 of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303, 
the petition for ruling filed by the American Association of 
Information Radio Operators filed on September 9, 2008, is denied.
    44. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.
    45. It is further ordered that pursuant to applicable procedures 
set forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments on this Notice 
of Proposed Rulemaking on or before 30 days after publication in the 
Federal Register, and interested parties may file reply comments on or 
before 45 days after publication in the Federal Register.

Bulah P. Wheeler,
Deputy Manager, Federal Communications Commission.
[FR Doc. 2011-938 Filed 1-18-11; 8:45 am]
BILLING CODE 6712-01-P


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