[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29710-29712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13700]


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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.

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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: <a href="/cdn-cgi/l/email-protection#117b7e797f3f7467707f7e7777517772723f767e67"><span class="__cf_email__" data-cfemail="e2888d8a8ccc8794838c8d8484a2848181cc858d94">[email protected]</span></a>. For additional information concerning the 
information collection requirements contained in this document, send an 
email to <a href="/cdn-cgi/l/email-protection#13434152537570703d747c65"><span class="__cf_email__" data-cfemail="55050714153336367b323a23">[email protected]</span></a> or contact Nicole Ongele, Office of Managing 
Director, Performance Evaluation and Records Management, 202-418-2991, 
or by email to <a href="/cdn-cgi/l/email-protection#f0a0a2b1b0969393de979f86"><span class="__cf_email__" data-cfemail="de8e8c9f9eb8bdbdf0b9b1a8">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#40101201002623236e272f36"><span class="__cf_email__" data-cfemail="31616370715752521f565e47">[email protected]</span></a>.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to <a href="/cdn-cgi/l/email-protection#0b6d68683e3b3f4b6d6868256c647d"><span class="__cf_email__" data-cfemail="25434646101511654346460b424a53">[email protected]</span></a> 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\
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    \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.
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    (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


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