[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Proposed Rules]
[Pages 11614-11619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04155]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[WT Docket No. 15-36; FCC 15-22]


Permitting Remote Pickup Broadcast Auxiliary Stations To Utilize 
Modern Digital Technologies

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on its proposal to permit broadcasters to 
use modern digital technologies for Remote Pickup operations. 
Permitting this would further the Commission's goal of enabling 
broadcasters to use the same digital technologies for Remote Pickup 
operations as used by operators in the Private Land Mobile Radio 
Service.

DATES: Submit comments on or before April 3, 2015. Submit reply 
comments on or before April 20, 2015.

ADDRESSES: You may submit comments, identified by WT Docket No. 15-36, 
by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Federal Communications Commission's Electronic Comment 
Filing System (ECFS): http://fcc.gov/ecfs//. Follow the instructions 
for submitting comments.
    <bullet> Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail): Federal Communications Commission, 
9300 East Hampton Dr., Capitol Heights, MD 20743.
    <bullet> U.S. Postal Service (First-class, Express, and Priority): 
Federal Communications Commission, 445 12th St. SW., Washington, DC 
20554.
    <bullet> Hand-delivered/Courier: Federal Communications Commission, 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for the Notice 
of Proposed Rulemaking. All comments received will be posted without 
change to http://fcc.gov/ecfs//, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: For access to the docket to read background documents or 
comments received, go to https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-22A1.docx.

FOR FURTHER INFORMATION CONTACT: For further information, please 
contact Nancy Zaczek of the Wireless Telecommunications Bureau, 
Broadband Division, at (202) 418-0274 or email to <a href="/cdn-cgi/l/email-protection#d8b6b9b6bba1f6a2b9bba2bdb398bebbbbf6bfb7ae"><span class="__cf_email__" data-cfemail="97f9f6f9f4eeb9edf6f4edf2fcd7f1f4f4b9f0f8e1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking and Order, WT Docket No. 15-36, RM-11648, and RM 
11649 adopted on February 13, 2015 and released on February 18, 2015. 
The complete text of this document will be available for public 
inspection during regular business hours in the FCC Reference Center 
(CY-A257) at the Federal Communications Commission, 445 12th Street 
SW., Washington, DC 20554. Documents will be available electronically 
in ASCII, Microsoft Word, and/or Adobe Acrobat. The complete text of 
this document will also be available via ECFS.

Public Participation

    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 the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    <bullet> Paper Filers: Parties who choose to file by paper must 
file an original and one copy 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.
    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.
    People with Disabilities: 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#32545151070206725451511c555d44"><span class="__cf_email__" data-cfemail="54323737616460143237377a333b22">[email protected]</span></a> or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

[[Page 11615]]

I. Order--Remote Pickup (RPU) Center Frequencies

A. Background

    1. RPU stations may be authorized to operate within the 25.67-26.48 
MHz band (HF RPU Band), the 152.855-154 MHz, 157.45-161.575 MHz, 
161.625-161.775 MHz bands (collectively, VHF RPU Band), and the 450-451 
MHz and 455-456 MHz bands (collectively, UHF RPU Band). These 
frequencies are also either available for assignment in the part 90 
Private Land Mobile Radio Service (PLMRS) or are near frequencies 
available for PLMRS use. When the Commission established the current 
RPU service rules in 2002, its goal was to harmonize the RPU technical 
standards with the part 90 rules so that broadcasters could use radios 
developed for part 90 PLMRS use for RPU use, particularly for dispatch 
and operational traffic. At the same time, the Commission recognized 
that part 90 narrowband radios may not be suitable for transmitting 
audio program feeds, which require greater bandwidth to support high 
audio quality with no delay. Accordingly, the Commission allowed 
broadcasters to stack multiple RPU channel segments to create wider 
channels. Under the current rules, the VHF RPU and UHF RPU Bands are 
divided into segments with designated channel centers, but broadcasters 
may combine multiple segments to form wider RPU channels so long as 
they comply with the applicable bandwidth and emission requirements. 
Broadcasters using RPU stations to transmit program material have 
primary use of the wider channels.
    2. The Engineers for the Integrity of Broadcast Auxiliary Services 
Spectrum (EIBASS) and the Society for Broadcast Engineers (SBE) have 
separately identified two obstacles that they argue have prevented 
broadcasters from using PLMRS equipment for RPU use in the VHF RPU and 
UHF RPU Bands. The first obstacle concerns a mismatch between PLMRS 
equipment and the channel centers for RPU stations specified in the 
Commission's rules. For analog equipment, the 25 kilohertz channel 
centers listed for RPU stations in the Commission's rules cannot be 
programmed into analog part 90 PLMRS equipment used by broadcasters. If 
a broadcaster attempted to combine four 6.25 kilohertz segments to form 
a 25 kilohertz RPU channel, the center frequency of the resultant 
channel would be offset from the RPU channel centers specified in the 
Commission's rules. Under this scenario, the only way to create an RPU 
channel with a center frequency that is specified in the Commission's 
rules is to request an odd number of RPU segments (i.e., request an 
extra segment). Furthermore, while digital equipment can tune to the 
nearest Hertz, many, if not most, analog radios now in use cannot 
program frequencies with that degree of accuracy.

B. Discussion

    3. As described above, EIBASS and SBE identify two issues relating 
to the designation of center frequencies for RPU stations: (1) The fact 
that when an applicant combines an even number of channels, the center 
frequency for the combined channels will fall in between frequencies 
listed in the Commission's rules; and (2) the inability of analog 
equipment to specify the center frequency with the level of precision 
set forth in the Commission's rules. With the clarification and 
guidance provided below, we conclude that no rule changes are necessary 
to address either of these issues.
    4. We find that existing Sec.  74.402 of the Commission's rules 
address the first issue. In its preamble, that rule provides, ``When an 
even number of channels are stacked in those sections [where] stacking 
is permitted, channel assignments may be made for the frequency halfway 
between those listed.'' Thus, to use EIBASS' example, a broadcaster 
wishing to combine the 6.25 kilohertz segments centered 455.48750 MHz, 
455.49375 MHz, 455.50000 MHz, and 455.50625 MHz into a 25 kilohertz RPU 
channel could specify 455.496875 MHz as the center frequency of the 
combined segments because it is halfway between 455.49375 MHz and 455.5 
MHz. Consistent with Sec.  74.402, the current process of the Wireless 
Telecommunications Bureau has been to require applicants to stack the 
minimum number of segments necessary to accommodate the applicant's 
bandwidth needs. Applications that stack an odd number of segments must 
specify a center frequency consistent with the center of the segments 
listed in Sec.  74.402, and applications that stack an even number of 
segments must specify a center frequency that falls in between the 
channel centers listed in Sec.  74.402. The Wireless Telecommunications 
Bureau will continue to process applications specifying an even number 
of segments consistent with this interpretation of Sec.  74.402.
    5. With respect to the inability of analog equipment to precisely 
specify frequencies to six decimal places, no transmitter can operate 
on a specific frequency with absolute precision. The Broadcast 
Auxiliary Service (BAS) rules recognize this limitation by establishing 
permissible frequency tolerances for RPU equipment. In the VHF RPU 
Band, the tightest applicable frequency stability requirement is one 
part per million, which translates into an acceptable deviation of 
approximately 150 Hertz on those frequencies. For the UHF RPU Band, the 
tightest applicable frequency stability requirement is .5 parts per 
million, which translates into an acceptable deviation of approximately 
225 Hertz on those frequencies. We note that the channel centers listed 
in the rules specify some frequencies in the UHF RPU Band to the 
nearest 10 Hertz, and neither EIBASS nor SBE has claimed that analog 
equipment cannot program those frequencies. So long as licensees comply 
with the applicable emission masks as measured from the center 
frequency specified in the authorization, and the licensee programs the 
center frequency as closely to the specified center frequency as the 
equipment will allow, we would view a licensee as being in compliance 
with the center frequency requirements of Sec.  74.402 of the 
Commission's rules for the VHF RPU Band and UHF RPU Band.

II. Notice of Proposed Rulemaking

A. RPU Digital Emissions and Modulation Requirements

    6. SBE and EIBASS point out another obstacle to using PLMRS 
equipment for RPU purposes, specifically the lack of authorization in 
the rules for use of specific digital technologies. SBE and EIBASS 
identify Time Division Multiple Access (TDMA), Next Generation Digital 
Network (NXDN), ANSI/TIA-102A (Project 25), Trans-European Trunked 
Radio (TETRA), Digital Private Mobile Radio (dPMR), and Digital Mobile 
Radio (DMR) as digital technologies used in PLMRS radios that could be 
suitable for RPU use. Section 74.462 of the Commission's rules 
``requires that the `equipment shall be operated in accordance with 
emissions specifications included in the grant of the certification and 
as prescribed in . . . this section'' and lists the authorized 
emissions for RPU stations. The only emissions currently authorized by 
the rule, however, are all analog emissions. No digital emissions are 
included in the list of authorized emissions.
    7. We propose to change our rules to allow broadcasters to use 
modern digital technologies such as TDMA and NXDN for RPU operations. 
We believe it would be in the public interest to give broadcasters the 
opportunity to use the same digital technologies for RPU

[[Page 11616]]

stations as those used by part 90 PLMRS licensees. The Commission's 
intent in 2002 was to harmonize the RPU technical standards with the 
part 90 rules so that broadcasters could use radios developed for part 
90 PLMRS use, particularly for dispatch and operational traffic. By 
allowing broadcasters to use the same digital technologies for RPU 
stations as those used by PLMRS licensees, we would further that goal 
and allow broadcasters to use equipment and technologies developed for 
PLMRS. We seek comment on the costs and benefits and advantages or 
disadvantages of allowing broadcasters to use the digital technology of 
their choice in the VHF and UHF RPU Bands.
    8. SBE and EIBASS each propose that we amend Sec.  74.462 of the 
Commission's rules to permit RPU stations to use any digital emissions 
that meets the applicable emissions mask and bandwidth limitations. We 
seek comment on amending Sec.  74.462 in that fashion. We note that 
while SBE and EIBASS focus on the VHF and UHF RPU Bands, the proposed 
rule change would also allow digital emissions in the HF RPU Band. We 
seek comment on whether it is appropriate to also allow digital 
emissions in the HF RPU Band. We also seek comment on alternative means 
of amending our rules to reach the same result requested by EIBASS and 
SBE. Further, we seek comment on amending Sec.  74.462 to specify a 
maximum authorized bandwidth of 50 kilohertz in the 450.03125-450.61875 
MHz and 455.03125 455.061875 MHz bands, as opposed to the maximum 
authorized bandwidth of 25 kilohertz currently in the rule. This change 
would make Sec.  74.462 consistent with Sec.  74.402(b) of the 
Commission's rules, which allows up to eight 6.25 kilohertz segments to 
be stacked for a total RPU channel bandwidth of 50 kilohertz. We seek 
comment on the costs and benefits and advantages or disadvantages of 
the various proposed approaches.
    9. We also seek comment on EIBASS's request that we amend Sec.  
74.463 of the Commission's rules to explicitly add the phrase ``digital 
modulation''. We seek comment on the proposed rule language and its 
attendant costs and benefits, and on any alternatives and their 
associated costs and benefits.

B. Station Identification Requirements

    10. In addition, we seek comment on what changes to our station 
identification requirements are needed to accommodate digital RPU 
operations. EIBASS recommends that we amend the station identification 
requirements in Sec.  74.482 of the Commission's rules to cover all 
forms of commercially available digital land mobile radios, using 
language that is broad enough to cover new forms of digital signals as 
they are developed. Although EIBASS specifically recommends that we 
adopt a method of identifying stations that uses a watermark ID, such 
as the protocol adopted in the Advanced Television Systems Committee 
(ATSC) A/82 Data Return Link (DRL) standard, it stresses that is more 
important that we adopt the same protocol for both RPU BAS and PLMRS 
stations. In 2010, the Commission sought comment on amending the PLMRS 
rules to allow station identification in the 150-170 MHz and 450-470 
MHz bands in digital format. The proposed rule language in that 
proceeding would allow PLMRS stations to digitally transmit their call 
signs, subject to the requirement that the licensees provide the 
Commission with the means to decode the digital transmission. Adopting 
the same station identification rules for both RPU BAS and PLMRS 
stations, EIBASS argues, would enable RPU broadcasters to purchase COTS 
two-way radios whose transmissions could be universally decoded to 
identify interfering transmitters. Should we adopt the requirements 
proposed by the Commission in 2010 for PLMRS stations, or should the 
Commission adopt a specific standard, such as the A/82 DRL standard? 
Commenters should provide information on the costs and benefits and 
advantages or disadvantages of the different approaches.

C. 100 Kilohertz RPU Channels

    11. SBE also raises a different but related issue with regard to 
Sec.  74.402 of the Commission's rules. Specifically, SBE believes 
there is no current need for new RPU stations with a 100 kilohertz 
bandwidth. It therefore proposes that no new RPU stations proposing a 
100 kilohertz bandwidth be authorized absent a showing of need in 
individual cases. SBE believes that existing 100 kilohertz RPU stations 
should be grandfathered.
    12. Consistent with SBE's request, we propose to modify Sec.  
74.402 to eliminate a licensee's ability to create 100 kilohertz RPU 
channels in the future. Given the relatively small amount of spectrum 
available for RPU operations, and that the 100 kilohertz channels 
overlap the narrower channels, a license specifying 100 kilohertz 
bandwidth can make it difficult for other broadcasters to obtain 
spectrum for narrowband RPU operations, which are much more prevalent 
than 100 kilohertz operations. We note that in the past four years, the 
Wireless Telecommunications Bureau has received only one application 
requesting authorization for a 100 kilohertz bandwidth RPU channel. 
Accordingly, there appears to be little need for licenses with 100 
kilohertz channels. If we eliminate the ability to create these 
channels, applicants would still be able to apply via a waiver of the 
rules to use 100 kilohertz channels. We emphasize that we are not 
proposing to change the rights of existing licensees with 100 kilohertz 
bandwidth RPU channels. Instead, we propose to grandfather existing 
licensees with 100 kilohertz RPU channel authorizations. These 
licensees will be permitted to renew their authorizations indefinitely 
and will be allowed to make modifications to their existing 
authorization without affecting their grandfathered status. We seek 
comment on these proposals, as well as their associated costs and 
benefits.

III. Waiver Request

    13. SBE also seeks a temporary waiver of Sec.  74.462 of the 
Commission's rules to permit broadcasters to use FCC-certified 
narrowband VHF and UHF RPU equipment, such as TDMA technology or NXDN 
technology, in the VHF and UHF RPU Bands while the rulemaking is 
pending. The Commission's rules provide that waivers will be granted if 
the petitioner shows that: (i) The underlying purpose of the rules(s) 
would not be served or would be frustrated by application to the 
instant case, and that a grant of the requested waiver would be in the 
public interest; or (ii) in view of the unique or unusual factual 
circumstances of the instant case, application of the rule(s) would be 
inequitable, unduly burdensome or contrary to the public interest, or 
the applicant has no reasonable alternative.
    14. We decline to grant a blanket waiver of Sec.  74.462 to permit 
use of digital emissions in the VHF and UHF RPU Bands while this 
rulemaking is pending. While we agree with SBE that it appears to be in 
the public interest to empower RPU broadcasters to use digital 
technologies, the instant rulemaking is designed to provide an 
opportunity for meaningful comment on this assessment and on important 
details about the implementation of such digital operations. For 
example, it is not clear based on the current record how broadcasters 
using digital equipment will comply with the station identification 
requirement. If we were to grant a general waiver, broadcasters might 
use any type of digital RPU equipment, some or all of which might be 
incompatible with the requirements that the Commission ultimately 
adopts.

[[Page 11617]]

Therefore, until the Commission has established rules for 
implementation of digital technologies in the VHF and UHF, and perhaps 
HF RPU Bands, we do not find it to be in the public interest to grant 
broadcasters a general waiver to do so. Under these circumstances, we 
believe the better course of action is to proceed through the 
rulemaking process and establish rules that all broadcasters can rely 
on going forward. Our denial of SBE's request for a general waiver does 
not preclude a broadcaster from invoking the Commission's waiver rules 
in a specific case in order to request appropriate individualized 
relief. Such cases will be considered on an ad hoc basis.

IV. Procedural Matters

A. Ex Parte Rules--Permit-but-Disclose Proceeding

    15. Pursuant to Sec.  1.1200(a) of the Commission's rules, the 
Notice of Proposed Rulemaking and Order shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte 
rules. Persons making ex parte presentations must file a copy of any 
written presentation or a memorandum summarizing any oral presentation 
within two business days after the presentation (unless a different 
deadline applicable to the Sunshine period applies). Persons making 
oral ex parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule Sec.  1.1206(b). In proceedings governed 
by rule Sec.  1.49(f) or for which the Commission has made available a 
method of electronic filing, written ex parte presentations and 
memoranda summarizing oral ex parte presentations, and all attachments 
thereto, must be filed through the electronic comment filing system 
available for that proceeding, and must be filed in their native format 
(e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this 
proceeding should familiarize themselves with the Commission's ex parte 
rules.

B. Paperwork Reduction Analysis

    16. 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 44 U.S.C. 
3506(c)(4).

C. Initial Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (IRFA) of the possible significant 
economic impact on a substantial number of small entities by the 
policies and rules proposed in this Notice of Proposed Rulemaking 
(NPRM). Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines specified in the NPRM for comments. The Commission will send 
a copy of this NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA). In addition, the 
NPRM and IRFA (or summaries thereof) will be published in the Federal 
Register.

D. Need for, and Objectives of, the Proposed Rules

    18. In the NPRM, we propose to amend our rules to allow 
broadcasters to use any type of digital equipment. In addition, 
permitting digital emissions in the RPU bands may also require us to 
amend Sec. Sec.  74.402, 74.462, and 74.482 of the Commission's rules. 
These changes are supported by the commenters and will give RPU 
licensees the flexibility to choose from a wide variety of ``off-the-
shelf'' digital equipment, which will, in turn, encourage RPU licensees 
to convert to digital systems and increase spectrum efficiency.

E. Legal Basis

    19. The proposed action is authorized pursuant to sections 4 and 
303 of the Communications Act of 1934, as amended, 47 U.S.C. 154, 303, 
and Sec.  1.411 of the Commission's rules, 47 CFR 1.411.

F. Description and Estimate of the Number of Small Entities To Which 
the Proposed Rules Will Apply

    20. 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 and policies, if adopted. 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.
    21. The proposals in the NPRM would affect BAS RPU licensees. Only 
licensees of broadcast stations, broadcast networks, and cable networks 
can hold RPU licenses. Additionally, the proposals affect manufacturers 
of equipment that supports the BAS Remote Pickup Service. BAS involves 
a variety of transmitters, generally used to relay broadcast 
programming to the public (through translator and booster stations) or 
within the program distribution chain (from a remote news gathering 
unit to the studio or from the studio to the transmitter). The 
Commission has not developed a definition of small entities applicable 
to these licensees. Therefore, the applicable definitions of small 
entities for each of these services under the SBA rules is as follows: 
for Remote pickup BAS we will use SIC code 4833 when used by a TV 
station or 4832 when used by a radio station and for BAS equipment 
manufacturers, we will use SIC code 3663 (Radio and Television 
Broadcasting and Communications Equipment) which are classified as 
small businesses if they employ no more than 750 people.

G. Radio Broadcasting

    22. The subject rules and policies potentially will apply to all AM 
and FM radio broadcasting licensees and potential licensees. A radio 
broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. Included in this 
industry are commercial, religious, educational, and other radio 
stations. Radio broadcasting stations, which primarily are engaged in 
radio broadcasting, and produce radio program materials are similarly 
included. However, radio stations that

[[Page 11618]]

are separate establishments and are primarily engaged in producing 
radio program material are classified under another NAICS number. The 
SBA has established a small business size standard for this category, 
which is: firms having $7 million or less in annual receipts. According 
to Commission staff review of the BIA Publications, Inc. Master Access 
Radio Analyzer Database as of August 2, 2013, about 10,811 (97 percent) 
of 11,162 commercial radio station have revenues of $7 million or less 
and thus qualify as small entities under the SBA definition. Therefore, 
the majority of such entities are small entities. We note, however, 
that many radio stations are affiliated with much larger corporations 
having much higher revenue. Our estimate, therefore, likely overstates 
the number of small entities that might be affected by any ultimate 
changes to the rules and forms.

H. Television Broadcasting

    23. This economic census category ``comprises establishments 
primarily engaged in broadcasting images together with sound. These 
establishments operate television broadcasting studios and facilities 
for the programming and transmission of programs to the public.'' The 
SBA has created the following small business size standard for 
Television Broadcasting firms: those having $14 million or less in 
annual receipts. The Commission has estimated the number of licensed 
commercial television stations to be 1,388. In addition, according to 
Commission staff review of the BIA Advisory Services, LLC's Media 
Access Pro Television Database on March 28, 2012, about 950 of an 
estimated 1,300 commercial television stations (or approximately 73 
percent) had revenues of $14 million or less. We therefore estimate 
that the majority of commercial television broadcasters are small 
entities.
    24. We note, however, that in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action because the revenue figure on which it is based does not include 
or aggregate revenues from affiliated companies. In addition, an 
element of the definition of ``small business'' is that the entity not 
be dominant in its field of operation. We are unable at this time to 
define or quantify the criteria that would establish whether a specific 
television station is dominant in its field of operation. Accordingly, 
the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business 
on this basis and is therefore possibly over-inclusive to that extent.
    25. In addition, the Commission has estimated the number of 
licensed noncommercial educational (``NCE'') television stations to be 
396. These stations are non-profit, and therefore considered to be 
small entities.
    26. There are also 2,414 LPTV stations, including Class A stations, 
and 4,046 TV translator stations. Given the nature of these services, 
we will presume that all of these entities qualify as small entities 
under the above SBA small business size standard.

I. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    27. The NPRM proposes no new reporting or recordkeeping 
requirements.

J. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    28. The RFA requires an agency to describe any significant 
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) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    29. The actions proposed in the NPRM would give RPU licensees the 
flexibility to use off-the-shelf digital equipment, thus reducing their 
costs. This action will serve the public interest by enabling RPU 
licensees to use spectrum more efficiently. The rules will therefore 
open up beneficial economic opportunities to a variety of spectrum 
users, including small businesses. Because the actions proposed in the 
NPRM will improve beneficial economic opportunities for all businesses, 
including small businesses, a detailed discussion of alternatives is 
not required.
    30. Generally, the alternative approach would be to maintain the 
existing rules. Under that approach, however, Remote Pickup Service 
licensees would not have the opportunity to use digital off-the-shelf 
equipment.

K. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    31. None.

V. Ordering Clauses

    32. Accordingly, it is ordered, pursuant to sections 4 and 303 of 
the Communications Act of 1934, 47 U.S.C. 154, 303, and Sec.  1.411 of 
the Commission's rules, 47 CFR 1.411, that the Notice of Proposed 
Rulemaking is hereby adopted.
    33. It is further ordered, pursuant to sections 4 and 303 of the 
Communications Act of 1934, 47 U.S.C. 154, 303, and Sec.  1.407 of the 
Commission's rules, 47 CFR 1.407, that the petitions for rulemaking 
filed by the Engineers for the Integrity of Broadcast Auxiliary 
Services on October 7, 2011 and by Society of Broadcast Engineers, 
Incorporated on November 7, 2011 are granted to the extent indicated 
herein and are otherwise denied.
    34. For the reasons stated above, it is further ordered, pursuant 
to section 4(i) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), and Sec.  1.925(b)(3) of the Commission's rules, 47 CFR 
1.925(b)(3), that the waiver request filed by the Society for Broadcast 
Engineers on November 7, 2011 is denied.
    35. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the NPRM, including the IRFA, to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects in 47 CFR Part 74

    Communications equipment.

Federal Communications Commission.
Sheryl D. Todd,
Deputy Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 74 as follows:

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTION SERVICES

0
1. The authority citation for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.

0
2. Amend Sec.  74.402 by revising the introductory text in paragraph 
(d) to read as follows:


Sec.  74.402  Frequency assignment.

* * * * *

[[Page 11619]]

    (d) Up to two of the following 50 kilohertz segments may be stacked 
to form a channel which may be assigned for use by broadcast remote 
pickup stations using any emission contained within the resultant 
channel in accordance with the provisions of Sec.  74.462. Users 
committed to 100 kilohertz bandwidths and transmitting program material 
will have primary use of these channels. After [insert effective date 
of rule], initial authorizations with 100 kilohertz bandwidth will not 
be issued.
* * * * *
0
3. Amend Sec.  74.462 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  74.462  Authorized Bandwidth and Emissions.

    (a) Each authorization for a new remote pickup broadcast station or 
system shall require the use of certificated equipment and such 
equipment shall be operated in accordance with emission specifications 
included in the grant of certification and as prescribed in paragraphs 
(b), (c), and (d) of this section. Any form of modulation may be used.
    (b) The maximum authorized bandwidth of emissions corresponding to 
the types of emissions specified below, and the maximum authorized 
frequency deviation in the case of frequency or phase modulated 
emission, shall be as follows:

------------------------------------------------------------------------
                                         Maximum
                                        authorized     Maximum frequency
            Frequencies                 bandwidth          deviation
                                       (kilohertz)      (kilohertz) \1\
------------------------------------------------------------------------
MHz:
25.87 to 26.03....................                 40                 10
26.07 to 26.47....................                 20                  5
152.8625 to 153.3575 \2\..........              30/60               5/10
160.860 to 161.400................                 60                 10
161.625 to 161.775................                 30                  5
166.25 and 170.15 \3\.............               12.5                2.5
450.00625 to 450.99375............                 25                  5
455.00625 to 455.99375............                 25                  5
450.03125 to 450.61875............                 50
455.03125 to 455.61875............                 50                  5
450.6375 to 450.8625..............
455.6375 to 455.8625..............                 50                 10
450.900, 450.950..................
455.900, 455.950 \4\..............                100                 35
------------------------------------------------------------------------
\1\ Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E
  emissions are used.
\2\ New or modified licenses for use of the frequencies will not be
  granted to utilize transmitters on board aircraft, or to use a
  bandwidth in excess of 30 kilohertz and maximum deviation exceeding 5
  kilohertz.
\3\ For stations licensed or applied for before April 16, 2003, the sum
  of the bandwidth of emission and tolerance on frequencies 166.25 MHz
  or 170.15 MHz shall not exceed 25 kilohertz, and such operation may
  continue until January 1, 2005. For new stations licensed or applied
  for on or after April 16, 2003, the sum of the bandwidth of emission
  and tolerance on these frequencies shall not exceed 12.5 kilohertz.
  For all remote pickup broadcast stations, the sum of the bandwidth of
  emission and tolerance on these frequencies shall not exceed 12.5
  kilohertz on or after January 1, 2005.
\4\ After [insert effective date of rule], new authorizations with 100
  kilohertz bandwidth will not be issued.

* * * * *
0
4. Amend Sec.  74.463 by revising paragraph (c) to read as follows:


Sec.  74.463  Modulation Requirements.

* * * * *
    (c) If frequency modulation or digital modulation is employed, the 
emission shall conform to the requirements specified in Sec.  74.462.
* * * * *
0
5. Amend Sec.  74.482 by adding a new paragraph (f) to read as follows:


Sec.  74.482  Station Identification.

* * * * *
    (f) Stations that normally employ digital signals for the 
transmission of data, text, control codes, or digitized voice, may also 
be identified by digital transmission of the call sign. A licensee that 
identifies its call sign in this manner must provide the Commission, 
upon request, information sufficient to decode the digital transmission 
and ascertain the call sign transmitted.
* * * * *
[FR Doc. 2015-04155 Filed 3-3-15; 8:45 am]
BILLING CODE 6712-01-P


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