[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Rules and Regulations]
[Pages 70790-70796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26061]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 20

[WT Docket No. 10-4; FCC 14-138]


The Commission's Rules To Improve Wireless Coverage Through the 
Use of Signal Boosters

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: In the Order on Reconsideration, the Commission addresses two 
Petitions for Reconsideration of the technical rules adopted in the 
Signal Boosters Report and Order, granting one petition and granting 
the other in part.

DATES: Effective December 29, 2014, except for the revision to 47 CFR 
20.21(f)(1)(iv)(A)(2), which contains information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13, that are not effective until after approval by the Office of 
Management and Budget. The Federal Communications Commission will 
publish a document in the Federal Register announcing OMB approval and 
the effective date of this rule revision.

FOR FURTHER INFORMATION CONTACT: Amanda Huetinck of the Mobility 
Division, Wireless Telecommunications Bureau, at (202) 418-7090 or 
<a href="/cdn-cgi/l/email-protection#0f4e626e616b6e21477a6a7b66616c644f696c6c21686079"><span class="__cf_email__" data-cfemail="6a2b070b040e0b44221f0f1e030409012a0c0909440d051c">[email protected]</span></a>. For additional information concerning the 
Paperwork Reduction Act information collection requirements contained 
in this document, contact Cathy Williams at (202) 418-2918, or via the 
Internet at <a href="/cdn-cgi/l/email-protection#64343625240207074a030b12"><span class="__cf_email__" data-cfemail="54040615143237377a333b22">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is the Federal Communications 
Commission's Order on Reconsideration, in WT Docket No. 10-4, FCC 14-
138, adopted September 19, 2014, and released September 23, 2014. The 
Further Notice of Proposed Rulemaking that was adopted concurrently 
with the Order on Reconsideration is published elsewhere in this issue 
of the Federal Register.
    The full text of that document is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street SW., Room CY-A257, Washington, DC 20554, or by downloading 
the text from the Commission's Web site at http://www.fcc.gov/document/signal-boosters-order-reconsideration-and-fnprm. The complete text also 
may be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., Portals II, 445 12th Street SW., Suite CY-
B402, Washington, DC 20554. Alternative formats are available for 
people with disabilities (Braille, large print, electronic files, audio 
format), by sending an email to <a href="/cdn-cgi/l/email-protection#94d2d7d7a1a4a0d4f2f7f7baf3fbe2"><span class="__cf_email__" data-cfemail="460005057376720620252568212930">[email protected]</span></a> or calling the Consumer 
and Government Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

I. Introduction and Background

    1. In the Order on Reconsideration, we address two Petitions for 
Reconsideration of the technical rules adopted in the Signal Boosters 
Report and Order.
    2. As discussed below, we grant the Wi-Ex Petition and amend 
certain technical rules for Wideband Consumer Signal Boosters. These 
amendments will streamline the testing procedures for Wideband Consumer 
Signal Boosters and will benefit consumers by decreasing the costs and 
complexities associated with the manufacture and certification of such 
devices. We also grant in part, to the extent described below, and 
otherwise deny the Verizon Petition and amend certain technical rules 
for mobile Provider-Specific Consumer Signal Boosters. These amendments 
will ensure consumers have access to a wide variety of signal boosters 
while strengthening the technical protections for wireless networks.

II. Order on Reconsideration

A. Background

    3. Report and Order. On February 20, 2013, the Commission adopted a 
new regulatory framework to allow consumers to realize the benefits of 
using signal boosters while preventing, controlling, and, if necessary, 
resolving interference to wireless networks. In the Report and Order, 
the Commission adopted new technical, operational, and registration 
requirements for signal boosters. The new rules created two classes of 
signal boosters--Consumer and Industrial--with distinct regulatory 
requirements for each. For Consumer Signal Boosters, the Commission 
adopted a Network Protection Standard (NPS)--a flexible set of 
requirements for the design and manufacture of Consumer Signal 
Boosters, which are intended to couple signal booster

[[Page 70791]]

innovation with sufficient safeguards to protect wireless networks from 
harmful interference. In addition, the Commission adopted two sets of 
technical parameters, which it deemed to satisfy the NPS--one for 
Wideband Consumer Signal Boosters and a second for Provider-Specific 
Consumer Signal Boosters. At issue in this Order on Reconsideration are 
certain technical requirements in the NPS for both Wideband and 
Provider-Specific Consumer Signal Boosters.
    4. Petitions for Reconsideration. Three groups filed Petitions for 
Reconsideration seeking modifications to the Report and Order. Wilson 
Electronics, LLC, V-COMM, L.C.C., and Wireless Extenders, Inc. (Wi-Ex) 
(collectively ``Wi-Ex Petitioners'') ask the Commission to streamline 
the equipment certification process by amending certain technical 
requirements for Wideband Consumer Signal Boosters.
    5. V-COMM, L.L.C., Verizon Wireless, and Wilson Electronics, LLC 
(collectively ``Verizon Petitioners''), ask the Commission to amend its 
Provider-Specific Consumer Signal Booster rules to protect wireless 
networks from interference stemming from mobile Provider-Specific 
Consumer Signal Boosters. Likewise, the Verizon Petitioners ask the 
Commission to amend its booster antenna kitting rules for Provider-
Specific Consumer Signal Boosters accordingly. In addition, the Verizon 
Petitioners ask that Consumer Signal Boosters certified for fixed 
operation be labeled to notify consumers that such devices may only be 
used in fixed, in-building locations. The Enterprise Wireless Alliance 
also filed a Petition for Reconsideration, but it was subsequently 
withdrawn.
    6. Responsive Pleadings. On June 6, 2013, the Commission released a 
Public Notice seeking comment on the Petitions. Oppositions to the 
Petitions were due on June 21, 2013, and Replies to Oppositions were 
due on July 1, 2013. Verizon filed in support of the Wi-Ex Petition; no 
parties opposed the Wi-Ex Petition.
    7. AT&T supported the Verizon Petition, while Nextivity opposed it. 
Subsequently, however, Nextivity and the Verizon Petitioners reached an 
agreement on how to address the issues that Verizon raised in its 
petition and both parties jointly filed an Ex Parte Statement proposing 
revised, strengthened technical rules for the manufacture and operation 
of mobile Provider-Specific Consumer Signal Boosters. The Joint Ex 
Parte Statement recommends that the Commission:
    <bullet> Require that mobile Provider-Specific Consumer Signal 
Boosters meet the same noise limits as mobile Wideband Consumer Signal 
Boosters;
    <bullet> Require that mobile Provider-Specific Consumer Signal 
Boosters that are directly connected to the device or that use direct 
contact coupling (e.g., cradle-type boosters) meet the same gain limits 
that apply to similarly connected Wideband Consumer Signal Boosters;
    <bullet> Require that the maximum booster gain for mobile Provider-
Specific Consumer Signal Boosters that use an inside antenna and that 
have both automatic gain adjustment based on isolation measurements 
between booster donor and server antenna and automatic feedback 
cancellation not exceed 58 dB and 65 dB for frequencies below and above 
1 GHz, respectively;
    <bullet> Amend the antenna kitting rule for all Provider-Specific 
Consumer Signal Boosters to be the same as the current antenna kitting 
rule applicable to Wideband Consumer Signal Boosters; and
    <bullet> Amend the booster labeling requirements to require that 
all consumer boosters, both Provider-Specific and Wideband, certified 
for fixed, in-building use include language stating: ``This device may 
ONLY be operated in a fixed location for in-building use.''

B. Discussion

1. Wi-Ex Petition
    8. For the reasons discussed below, we find that the Wi-Ex 
Petitioners' requested amendments to certain technical rules for 
Wideband Consumer Signal Boosters are warranted and amend our rules 
accordingly. As stated above, the Wi-Ex Petition is supported by 
Verizon and is unopposed by any party in the proceeding.
    9. The Wi-Ex Petitioners explain that the development of testing 
procedures to certify Wideband Consumer Signal Boosters was complicated 
by the need for special test equipment to determine compliance with the 
downlink noise limit in the rules. Specifically, the Wi-Ex Petitioners 
state that, during the course of meetings between the Office of 
Engineering and Technology (OET) and the ANSI ASC C63[supreg] working 
group, it was determined that filtering equipment that includes 
variable tunable bandpass filtering and notches was necessary to 
measure the downlink noise in the presence of downlink signals through 
the booster. The Wi-Ex Petitioners state that the OET lab and most 
Telecommunications Certification Bodies (TCBs) do not have such 
equipment, thus complicating device testing.
    10. The Wi-Ex Petitioners argue that their requested amendments 
will not affect the safeguards in our rules designed to protect 
wireless networks. The Wi-Ex Petitioners explain that, in order to 
satisfy the bidirectional capability requirements in our Wideband 
Consumer Signal Booster rules, the NPS included uplink and downlink 
noise limits. According to the Wi-Ex Petitioners, downlink transmitted 
noise power was included in Sec.  20.21(e)(8)(i)(A)(1) of the Noise 
Limits technical requirement as a way to measure bidirectional 
capability, not specifically as a means to protect wireless networks. 
The Wi-Ex Petitioners contend that wireless networks are sufficiently 
protected with respect to downlink noise by the limitations in Sec.  
20.21(e)(8)(i)(A)(2) coupled with the operation of the ``Transmit Power 
Off Mode'' in Sec.  20.21(e)(8)(i)(H).
    11. The Wi-Ex Petitioners further argue that bidirectional 
capability can be effectively achieved and more easily measured by 
including downlink gain limits in Sec. Sec.  20.21(e)(8)(i)(C)(1) 
(Booster Gain Limits) and 20.21(e)(8)(i)(H) (Transmit Power Off Mode). 
In addition, the Wi-Ex Petitioners maintain that including downlink 
gain in the Transmit Power Off Mode requirement will ``serve to provide 
relief for Wideband Boosters in very high received signal strength 
indication (RSSI) conditions that require very low downlink gain 
operation pursuant to Sec.  20.21(e)(8)(i)(C)(1), and to clarify the 
limitation on downlink gain in the Transmit Power OFF Mode of 
operation.''
    12. We agree with the Wi-Ex Petitioners and find that the requested 
amendments to our rules will facilitate the test procedures and 
equipment certification process for Wideband Consumer Signal Boosters 
without diminishing the safeguards in our rules designed to protect 
wireless networks. We also agree that the requested rule changes will 
benefit consumers by decreasing the costs and complexities associated 
with the manufacture and certification of Wideband Boosters while 
continuing to achieve the objectives of the NPS. We recognize that it 
is difficult to design a compliance test to measure downlink noise 
levels in the presence of an introduced signal (representing RSSI) 
within the same frequency band, particularly when RSSI is also assumed 
to be broadband noise. Moreover, we do not believe that it is necessary 
to limit downlink noise as a function of RSSI in this section of our

[[Page 70792]]

rules in order to protect base stations from interference as a signal 
booster approaches a base station. Downlink noise limits are included 
in other sections of our rules. Accordingly, we will remove the 
reference to downlink noise from Sec.  20.21(e)(8)(i)(A)(1) of our 
Noise Limits technical requirement for Wideband Consumer Signal 
Boosters. As amended, Sec.  20.21(e)(8)(i)(A)(1) now provides:

    The transmitted noise power in dBm/MHz of consumer boosters at 
their uplink port shall not exceed -103 dBm/MHz--RSSI. RSSI 
(received signal strength indication expressed in negative dB units 
relative to 1 mW) is the downlink composite received signal power in 
dBm at the booster donor port for all base stations in the band of 
operation.

    13. We also agree that downlink gain limits should be added to 
Sec.  20.21(e)(8)(i)(H) (Transmit Power Off Mode). Adding a downlink 
gain requirement to our Transmit Power Off Mode rule will ensure gain 
equivalency as required by our Bidirectional Capability rule without 
creating complications for our test procedures. In addition, it will 
benefit signal booster manufacturers by setting a floor on the 
permissible downlink gain when in proximity to one or more base station 
transmitters (i.e., high RSSI levels). Accordingly, we will add a 
reference to downlink noise in Sec.  20.21(e)(8)(i)(H) of our Transmit 
Power Off Mode requirement for Wideband Consumer Signal Boosters. As 
amended, Sec.  20.21(e)(8)(i)(H) now provides:
    When the consumer booster cannot otherwise meet the noise and gain 
limits defined herein it must operate in ``Transmit Power Off Mode.'' 
In this mode of operation, the uplink and downlink noise power shall 
not exceed -70 dBm/MHz and both uplink and downlink gain shall not 
exceed the lesser of 23 dB or MSCL.
2. Verizon Petition
    14. The Verizon Petitioners ask that we revise our rules regarding 
mobile Provider-Specific Consumer Signal Boosters. We conclude that the 
recommendations in the Verizon Petition coupled with those in the Joint 
Ex Parte Statement are in the public interest, striking the right 
balance between ensuring consumers continue to have access to a wide-
variety of signal boosters to best suit their needs while still 
protecting wireless networks. We therefore grant in part, as described 
below, and otherwise deny the Verizon Petition, consistent with the 
recommendations in the Joint Ex Parte Statement, and amend our rules 
accordingly.
    15. Noise Limits for Provider-Specific Consumer Signal Boosters. 
The current Provider-Specific Consumer Signal Booster rules are part of 
the NPS, which is largely based on the ``Consolidated Proposal''--a 
comprehensive, consensus-based technical proposal developed by wireless 
providers (Verizon, T-Mobile) and equipment manufacturers (Wilson, 
Nextivity). AT&T, Sprint, Wi-Ex, and more than 90 small rural providers 
endorsed the Consolidated Proposal. In addition, the Competitive 
Carriers Association supported many elements of the Consolidated 
Proposal, including ``affirmatively support[ing]'' the provider-
specific aspects of the proposal. In light of the overwhelming support 
in the record for the Consolidated Proposal, the Commission adopted the 
NPS. Although the Consolidated Proposal did not include a technical 
specification for mobile Provider-Specific Consumer Signal Boosters, in 
an effort to provide manufactures with optimal flexibility, the 
Commission made such an option available in the NPS subject to carrier 
consent.
    16. The Verizon Petitioners argue that the Provider-Specific 
Consumer Signal Booster technical requirements were not designed for 
mobile use scenarios and thus do not adequately protect against harmful 
interference. In its Opposition, Nextivity argues that mobile Provider-
Specific Consumer Signal Boosters will not harm wireless networks and 
opposes the Verizon Petition on a variety of technical, legal, and 
policy grounds. In their Joint Ex Parte Statement proposing to resolve 
the matter, the Verizon Petitioners and Nextivity suggest strengthening 
the technical rules for mobile Provider-Specific Consumer Signal 
Boosters, thus facilitating the manufacture and operation of mobile 
Provider-Specific Consumer Signal Boosters, as Nextivity desires, while 
protecting wireless networks from harmful interference, thus addressing 
the Verizon Petitioners' concern.
    17. To provide adequate protection to wireless networks as well as 
consistency with the noise and gain limits already in place for mobile 
Wideband Consumer Signal Boosters, the parties to the Joint Ex Parte 
Statement (collectively ``Joint Petitioners'') recommend that the 
Commission require that all mobile Provider-Specific Consumer Signal 
Boosters meet the same noise limits as mobile Wideband Consumer Signal 
Boosters and that mobile Provider-Specific Consumer Signal Boosters 
that are directly connected to the device or that use direct contact 
coupling (e.g., cradle-type boosters) meet the same gain limits that 
apply to similarly connected Wideband Consumer Signal Boosters. For 
mobile Provider-Specific Consumer Signal Boosters that use an inside 
antenna and that have both automatic gain adjustment based on isolation 
measurements between booster donor and server antenna and automatic 
feedback cancellation, the Joint Petitioners recommend that the 
Commission require that the maximum booster gain not exceed 58 dB and 
65 dB for frequencies below and above 1 GHz, respectively. We find that 
these proposed noise and gain limits are reasonable for signal booster 
manufacturers to implement, while also adequately protecting against 
interference to wireless networks. Accordingly, we will adopt these 
modified, strengthened noise and gain limits for mobile Provider-
Specific Consumer Signal Boosters.
    18. Antenna Kitting Requirements. The Verizon Petitioners also ask 
that the Commission harmonize the antenna kitting rule for all 
Provider-Specific Consumer Signal Boosters with the booster antenna 
kitting rules for Wideband Consumer Signal Boosters.
    19. Currently, the antenna kitting rule for Wideband Consumer 
Signal Boosters provides that ``[a]ll consumer boosters must be sold 
together with antennas, cables, and/or coupling devices that meet the 
requirements of this section,'' while the rule for Provider-Specific 
Consumer Signal Boosters states that ``[m]obile consumer boosters must 
be sold together with antennas, cables, and/or coupling devices that 
meet the requirements of this section.''
    20. We agree with the Joint Petitioners that a conforming change to 
the language of this rule is warranted in light of the above rule 
amendments. We therefore will amend the rule for mobile Provider-
Specific Consumer Signal Boosters to mirror the current antenna kitting 
rule for Wideband Consumer Signal Boosters by replacing the word 
``mobile'' in Sec.  20.21(e)(9)(i)(H) with the word ``all.''
    21. Labeling Requirements. Finally, in addition to the above 
technical rule modifications, the Verizon Petitioners ask the 
Commission to require that all Consumer Signal Boosters certified for 
fixed, in-building operation include a label directing consumers that 
the device may only be operated in a fixed in-building location. The 
Verizon Petitioners state that this additional labeling requirement is 
necessary to inform purchasers of fixed Consumer Signal Boosters that 
they may not lawfully be installed and operated in a moving vehicle or 
outdoor location. We

[[Page 70793]]

agree that such a requirement is appropriate to ensure that consumers 
are properly informed about which devices are suitable for their use 
and how to comply with our rules. We recognize that our labeling 
requirement imposes additional costs on entities that manufacture 
Consumer Signal Boosters; consistent with our previous decision in the 
Report and Order to implement labeling requirements, however, on 
balance, we find that such costs are outweighed by the benefits of 
ensuring that consumers purchase appropriate devices. Accordingly, all 
fixed Consumer Signal Boosters, both Provider-Specific and Wideband, 
manufactured or imported on or after one year from the effective date 
of the rule change must include the following advisory (1) in on-line 
point-of-sale marketing materials, (2) in any print or on-line owner's 
manual and installation instructions, (3) on the outside packaging of 
the device, and (4) on a label affixed to the device: ``This device may 
be operated ONLY in a fixed location for in-building use.''
    22. Conclusion. Like the Consolidated Proposal, the recommendations 
in the Verizon Petition and Joint Ex Parte Statement have been 
considered and drafted by industry experts, who are well-qualified to 
determine what devices are cost-effective for manufacturers to produce, 
as well as whether such devices may cause interference and negatively 
affect service quality. We believe that the Verizon Petition, in 
accordance with the recommendations in the Joint Ex Parte Statement, 
appropriately balances the need to protect wireless networks with the 
need to provide consumers with a variety of affordable signal booster 
options. Accordingly, we grant in part, as described above, and 
otherwise deny the Verizon Petition.
3. Other Issues
    23. We also correct typographic errors in the rules adopted in the 
Report and Order at this time. Specifically, we correct a reference to 
the Federal Register in 47 CFR 20.21 and remove a series of asterisks 
in 47 CFR 20.3. In addition, we correct a typographical error in 47 CFR 
1.1307(b)(1) regarding radio frequency exposure labeling requirements 
for Consumer Signal Boosters.

III. Procedural Matters

A. Paperwork Reduction Act

    24. The Order on Reconsideration contains modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA). It will be submitted to the Office of Management and Budget 
(OMB) for review under section 3507(d) of the PRA. OMB, the general 
public, and other Federal agencies are invited to comment on the new or 
modified information collection requirements contained in this 
proceeding. In addition, we note that pursuant to the Small Business 
Paperwork Relief Act of 2002, we previously sought specific comment on 
how the Commission might further reduce the information collection 
burden for small business concerns with fewer than 25 employees.
    25. In the Order on Reconsideration, we assessed the effects of the 
policies adopted in the Order on Reconsideration with regard to 
information collection burdens on small business concerns, and find 
that these policies will benefit many companies with fewer than 25 
employees because the rule modifications we adopt should provide small 
entities with access to the coverage enhancing benefits of signal 
boosters that do not harm wireless networks. In addition, we have 
described impacts that might affect small businesses, which includes 
most businesses with fewer than 25 employees, in the Supplemental Final 
Regulatory Flexibility Analysis below.

B. Regulatory Flexibility Analysis

    26. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.''
    27. Accordingly, we have prepared a Supplemental Final Regulatory 
Flexibility Analysis concerning the possible impact of the rule changes 
contained in the Order on Reconsideration on small entities. The 
Supplemental Final Regulatory Flexibility Analysis is set forth below.

C. Congressional Review Act

    28. The Commission will send a copy of this Order on 
Reconsideration to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act.

IV. Supplemental Final Regulatory Flexibility Analysis

    29. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission incorporated an 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 the Notice of Proposed Rulemaking (NPRM). No comments were 
filed addressing the IRFA. In addition, a Final Regulatory Flexibility 
Analysis (FRFA) was incorporated in the Report and Order. Because we 
amend the rules in the Order on Reconsideration, we have included this 
Supplemental Final Regulatory Flexibility Analysis (SFRFA). This 
present SFRFA conforms to the RFA.

A. Need for, and Objectives of, the Order on Reconsideration

    30. The Order on Reconsideration addresses two Petitions for 
Reconsideration of the technical rules adopted in the Signal Boosters 
Report and Order. The need for and objectives of the rules adopted in 
the Order on Reconsideration are the same as those discussed in the 
FRFA for the Report and Order. In the Report and Order, the Commission 
adopted a new regulatory framework to allow consumers to realize the 
benefits of using signal boosters while preventing, controlling, and, 
if necessary, resolving interference to wireless networks. The 
Commission adopted new technical, operational, and registration 
requirements for signal boosters. The new rules created two classes of 
signal boosters--Consumer and Industrial--with distinct regulatory 
requirements for each. For Consumer Signal Boosters, the Commission 
adopted a Network Protection Standard (NPS)--a flexible set of 
requirements for the design and manufacture of Consumer Signal 
Boosters, which are intended to couple signal booster innovation with 
sufficient safeguards to protect wireless networks from harmful 
interference. In addition, the Commission adopted two sets of technical 
parameters, which it deemed to satisfy the NPS--one for Wideband 
Consumer Signal Boosters and a second for Provider-Specific Consumer 
Signal Boosters.
    31. In the Order on Reconsideration, we: (1) Streamline the 
equipment certification process by amending certain technical 
requirements for Wideband Consumer Signal Boosters; (2) strengthen the 
gain and power limits for Provider-Specific Consumer Signal Boosters; 
(3) amend the booster antenna kitting rules for Provider-Specific 
Consumer Signal Boosters accordingly; (4) and require that Consumer 
Signal Boosters certified for fixed operation only be labeled to notify 
consumers that such devices may only be used in fixed, in-building 
locations. These changes will ensure consumer access to a wide variety 
of cost-efficient Consumer Signal Boosters while still protecting the 
wireless networks.

[[Page 70794]]

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    32. No public comments were filed concerning the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    33. Pursuant to the Small Business Jobs Act of 2010, the Commission 
is required to respond to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration (SBA), and to provide a 
detailed statement of any change made to the proposed rules as a result 
of those comments. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.

D. Legal Basis

    34. The actions are authorized pursuant to sections 1, 4(i), 4(j), 
301, 302, 303(f), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(j), 301, 302, 303(f), and 303(r).

E. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    35. 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 rules adopted, herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA. Below, we 
describe and estimate the number of small entity licensees that may be 
affected by the adopted rules.
    36. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. As of 2009, small businesses represented 99.9% of the 
27.5 million businesses in the United States, according to the SBA. 
Additionally, a ``small organization'' is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, as of 2007, there were 
approximately 1,621,315 small organizations. Finally, the term ``small 
governmental jurisdiction'' is defined generally as ``governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts, with a population of less than fifty thousand.'' 
Census Bureau data for 2007 indicate that there were 89,527 
governmental jurisdictions in the United States. We estimate that, of 
this total, as many as 88,761 entities may qualify as ``small 
governmental jurisdictions.'' Thus, we estimate that most governmental 
jurisdictions are small.
    37. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for firms in this category, which is: all such firms having 
750 or fewer employees. According to Census Bureau data for 2010, there 
were a total of 810 establishments in this category that operated for 
the entire year. Of this total, 787 had employment of fewer than 500, 
and an additional 23 had employment of 500 to 999. Thus, under this 
size standard, the majority of firms can be considered small.

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

    38. The rule changes adopted in this proceeding will not alter any 
of the current reporting or recordkeeping requirements.

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

    39. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its 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.
    40. Regarding our amending certain technical requirements for 
Wideband Consumer Signal Boosters to streamline the equipment 
certification process, we anticipate this change will actually decrease 
the costs and complexities associated with the manufacture and 
certification of such devices, thereby benefiting small businesses. In 
addition, as to our amending certain technical and labeling 
requirements for Provider-Specific Consumer Signal Boosters, the 
Commission does not believe that these changes vary enough from the 
rules adopted in the Report and Order to unduly burden small entities.

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

    41. None.

I. Report to Congress

    42. The Commission will send a copy of the Report and Order, 
including the FRFA, in a report to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Order on Reconsideration, including SFRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration. A copy of the Order 
on Reconsideration and SFRFA (or summaries thereof) will be published 
in the Federal Register.

VI. Ordering Clauses

    43. Accordingly, it is ordered that, pursuant to the authority of 
sections 1, 4(i), 7, 10, 201, 202, 208, 214, 301, 302, 303, 308, 
309(j), 310, and 710 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 157, 160, 201, 202, 208, 214, 301, 302a, 303, 308, 
309(j), 310, and 610, and Sec. Sec.  1.412, 1.425, and 1.429 of the 
Commission's rules, 47 CFR 1.412, 1.425, 1.429, the Order on 
Reconsideration is hereby adopted.
    44. It is further ordered that, pursuant to sections 1, 4(i), 4(j), 
301, 302, 303(f), 303(r), and 405(a) of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 302a, 303(f), 303(r), 
and 405(a), and Sec.  1.429(a) of the Commission's rules, 47 CFR 
1.429(a), that the Petition for Reconsideration filed by Wilson 
Electronic, LLC, V-COMM, L.L.C., and Wireless Extenders, Inc., WT 
Docket No. 10-4, on May 13, 2013, is granted.
    45. It is further ordered that, pursuant to sections 1, 4(i), 4(j), 
301, 302, 303(f), 303(r), and 405(a) of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 302a, 303(f), 303(r), 
and 405(a), and Sec.  1.429(a) of the Commission's rules, 47 CFR 
1.429(a), that the Petition for Reconsideration filed by V-COMM,

[[Page 70795]]

L.L.C., Verizon Wireless, and Wilson Electronics, WT Docket No. 10-4, 
on May 13, 2013, is granted in part, as described above, and otherwise 
denied.
    46. It is further ordered that parts 1 and 20 of the Commission's 
rules as are amended as set forth below, effective December 29, 2014 
except for 47 CFR 20.21(f)(1)(iv)(A)(2), which contain information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13, that are not effective until after approval by the 
Office of Management and Budget. The Federal Communications Commission 
will publish a document in the Federal Register announcing OMB approval 
and the effective date of these rule revisions.
    47. It is further ordered that the Commission shall send a copy of 
this Order on Reconsideration to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act.
    48. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Order on Reconsideration, including the Supplemental Final 
Regulatory Flexibility Analysis to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure

47 CFR Part 20

    Communications common carriers, Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1 and 20 are amended as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), 309, 1403, 1404, 1451, and 1452.


0
2. Section 1.1307 is amended in paragraph (b)(1) by revising Table 1 
Commercial Mobile Radio Services (part 20) as follows:


Sec.  1.1307  Actions that may have a significant environmental effect, 
for which Environmental Assessments (EAs) must be prepared.

* * * * *
    (b) * * *
    (1) * * *

   Table 1--Transmitters, Facilities and Operations Subject to Routine
                        Environmental Evaluation
------------------------------------------------------------------------
  Service (title 47 CFR rule
            part)                       Evaluation required if:
------------------------------------------------------------------------
 
                              * * * * * * *
Commercial Mobile Radio        Non-building-mounted antennas: height
 Services (part 20).            above ground level to lowest point of
                                antenna < 10 m and power > 1000 W ERP
                                (1640 W EIRP). Building-mounted
                                antennas: power > 1000 W ERP (1640 W
                                EIRP).
                               Consumer Signal Booster equipment
                                grantees under the Commercial Mobile
                                Radio Services provisions in part 20 are
                                required to attach a label to Fixed
                                Consumer Booster antennas that:
                               (1) Provides adequate notice regarding
                                potential radiofrequency safety hazards,
                                e.g., information regarding the safe
                                minimum separation distance required
                                between users and transmitting antennas;
                                and
                               (2) references the applicable FCC-adopted
                                limits for radiofrequency exposure
                                specified in Sec.   1.1310.
 
                              * * * * * * *
------------------------------------------------------------------------
* * * * * *

PART 20--COMMERCIAL MOBILE SERVICES

0
1. The authority citation for Part 20 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 154(i), 201(b), 225, 301, 303(b), 
303(g), 303(r), 316, 403, 615a, 615a-1, 615b, and 47 U.S.C. 615c.

0
2. Section 20.21 is amended by revising paragraph (e)(8)(i)(A)(1), 
(e)(8)(i)(H), (e)(9)(i)(A)(2), (e)(9)(i)(C)(2), (e)(9)(i)(H), and 
(f)(1) to read as follows:


Sec.  20.21  Signal boosters.

* * * * *
    (e) * * *
    (8) * * *
    (i) * * *
    (A) Noise Limits. (1) The transmitted noise power in dBm/MHz of 
consumer boosters at their uplink port shall not exceed -103 dBm/MHz--
RSSI. RSSI (received signal strength indication expressed in negative 
dB units relative to 1 mW) is the downlink composite received signal 
power in dBm at the booster donor port for all base stations in the 
band of operation.
* * * * *
    (H) Transmit Power Off Mode. When the consumer booster cannot 
otherwise meet the noise and gain limits defined herein it must operate 
in ``Transmit Power Off Mode.'' In this mode of operation, the uplink 
and downlink noise power shall not exceed -70 dBm/MHz and both uplink 
and downlink gain shall not exceed the lesser of 23 dB or MSCL.
* * * * *
    (9) * * *
    (i) * * *
    (A) * * *
    (2)(i) Fixed booster maximum downlink noise power shall not exceed 
-102.5 dBm/MHz + 20 Log<INF>10</INF> (Frequency), where Frequency is 
the uplink mid-band frequency of the supported spectrum bands in MHz.
    (ii) Mobile booster maximum noise power shall not exceed -59 dBm/
MHz.
    (iii) Compliance with Noise limits will use instrumentation 
calibrated in terms of RMS equivalent voltage, and with booster input 
ports terminated or without input signals applied within the band of 
measurement.
* * * * *
    (C) * * *
    (2) The uplink and downlink maximum gain of a frequency selective 
consumer booster referenced to its input and output ports shall not 
exceed the following limits:
    (i) Fixed Booster maximum gain shall not exceed 19.5 dB + 20 
Log<INF>10</INF> (Frequency), or 100 dB for systems having automatic 
gain adjustment based on isolation measurements between booster donor 
and server antennas.

[[Page 70796]]

    (ii) Where, Frequency is the uplink mid-band frequency of the 
supported spectrum bands in MHz.
    (iii) Mobile Booster maximum gain shall not exceed 15 dB when 
directly connected (e.g., boosters with a physical connection to the 
subscriber device), 23 dB when using direct contact coupling (e.g., 
cradle-type boosters), or 50 dB when using an inside antenna (e.g., 
inside a vehicle). For systems using an inside antenna that have 
automatic gain adjustment based on isolation measurements between 
booster donor and server antenna and automatic feedback cancellation, 
the mobile booster maximum gain shall not exceed 58 dB and 65 dB for 
frequencies below and above 1 GHz, respectively.
* * * * *
    (H) Booster Antenna Kitting. All consumer boosters must be sold 
with user manuals specifying all antennas and cables that meet the 
requirements of this section. All consumer boosters must be sold 
together with antennas, cables, and/or coupling devices that meet the 
requirements of this section. The grantee is required to submit a 
technical document with the application for FCC equipment authorization 
that shows compliance of all antennas, cables, and/or coupling devices 
with the requirements of this section, including any antenna or 
equipment upgrade options that may be available at initial purchase or 
as a subsequent upgrade.
* * * * *
    (f) Signal booster labeling requirements. (1) Signal booster 
manufacturers, distributors, and retailers must ensure that all signal 
boosters marketed on or after March 1, 2014 include the following 
advisories:
    (i) In on-line, point-of-sale marketing materials,
    (ii) In any print or on-line owner's manual and installation 
instructions,
    (iii) On the outside packaging of the device, and
    (iv) On a label affixed to the device:
    (A) For Consumer Signal Boosters:
    (1) This is a CONSUMER device.
    BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless 
provider and have your provider's consent. Most wireless providers 
consent to the use of signal boosters. Some providers may not consent 
to the use of this device on their network. If you are unsure, contact 
your provider.
    You MUST operate this device with approved antennas and cables as 
specified by the manufacturer. Antennas MUST be installed at least 20 
cm (8 inches) from any person.
    You MUST cease operating this device immediately if requested by 
the FCC or a licensed wireless service provider.
    WARNING. E911 location information may not be provided or may be 
inaccurate for calls served by using this device.
    (2) The label for Consumer Signal Boosters certified for fixed 
indoor operation also must include the following language:
    This device may be operated ONLY in a fixed location for in-
building use.
    (B) For Industrial Signal Boosters:
    WARNING. This is NOT a CONSUMER device. It is designed for 
installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have 
an FCC LICENSE or express consent of an FCC Licensee to operate this 
device. Unauthorized use may result in significant forfeiture 
penalties, including penalties in excess of $100,000 for each 
continuing violation.
* * * * *
[FR Doc. 2014-26061 Filed 11-26-14; 8:45 am]
BILLING CODE 6712-01-P


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