Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71321 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Since this correction document is 

simply correcting an applicability date 

for one provision, it is unnecessary to 

follow the notice and comment 

procedure in this instance. We therefore 

believe that we have good cause to 

forego notice and a period for comment. 

IV. Correction of Errors 

In FR Doc. 2014–26057 of November 

6, 2014 (79 FR 66032), make the 

following correction: 

1. On page 66104, in the third 

column, in the fifth paragraph beginning 

with ‘‘Final Decision’’, in the third line 

of the first sentence, remove ‘‘ending’’ 

and add ‘‘beginning’’ in its place. 

Dated: November 25, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–28396 Filed 12–1–14; 8:45 am] 

BILLING CODE 4120–01–P 

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 14–172] 

Service Rules Governing Narrowband 

Operations in the 769–775/799–805 

MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document the 

Commission implements certain 

changes to the rules governing the 700 

MHz public safety narrowband 

spectrum (769–775/799–805 MHz). We 

eliminate the requirement for licensees 

to narrowband to 6.25 kHz technology 

by December 2016, thereby enabling 

licensees to extend the life of existing 

systems and providing public safety 

with greater flexibility in determining 

the optimal future use of the band. In 

addition, we revise and update the 

technical rules for the band to enhance 

interoperability and open up certain 

channels to new uses, and we release 

reserve spectrum to provide additional 

capacity, particularly for public safety 

licensees relocating to the 700 MHz 

band from the T-Band (470–512 MHz). 

These rule changes enhance the ability 

of public safety licensees to use this 

spectrum to protect the safety of life and 

property. 

DATES: Effective January 2, 2015, except 

for the amendments to 47 CFR 

2.1033(c)(20), 90.531(b)(2), and 

90.531(b)(7), containing new or 

modified information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995, which will be effective after such 

approval on the effective date specified 

in a notification the Commission will 

publish in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Brian Marenco, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau, (202) 418–0838. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order in PS Docket No. 13–87, FCC 

14–172, released on October 24, 2014. 

The document is available for download 

at http://fjallfoss.fcc.gov/edocs_public/. 

The complete text of this document is 

also available for inspection and 

copying during normal business hours 

in the FCC Reference Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to 

FCC504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

In 2013, the Commission’s Notice of 

Proposed Rulemaking (NPRM) sought 

comment on several proposals to amend 

the 700 MHz public safety narrowband 

rules. First, the Commission asked 

whether it should extend or eliminate 

the December 31, 2016 narrowbanding 

deadline for 700 MHz public safety 

narrowband licensees. Next, it sought 

comment on a 2010 National Public 

Safety Telecommunications Council 

(NPSTC) proposal to designate certain 

700 MHz narrowband channels for lowaltitude, low power, air-ground voice 

communications. Finally, it sought 

comment on other NPSTC proposals 

made in an earlier 2008 petition and 

matters raised on the Commission’s own 

motion. 

In the Report and Order the 

Commission eliminates the December 

31, 2016 narrowbanding deadline for 

700 MHz public safety narrowband 

licensees to transition from 12.5 

kilohertz to 6.25 kilohertz channel 

bandwidth technology. The Commission 

also re-designates channels in the 700 

MHz band that are currently licensed for 

secondary trunking operations for 

public safety aircraft voice operations, 

consistent with NPSTC’s 2010 proposal. 

The Commission reallocates the Reserve 

Channels to General Use Channels and 

affords T-Band public safety licensees 

priority for licensing of the former 

Reserve Channels in T-Band areas. The 

Commission also addresses NPSTC’s 

proposals and technical matters raised 

in the NPRM. As a result of our decision 

to eliminate the 700 MHz 

narrowbanding deadline and designate 

the Reserve Spectrum for General Use, 

we dismiss as moot several requests for 

waiver filed prior to and during the 

pendency of this rulemaking. 

Procedural Matters 

A. Final Regulatory Flexibility Analysis 

The Final Regulatory Flexibility 

Analysis required by section 604 of the 

Regulatory Flexibility Act, 5 U.S.C. 604, 

is included in Appendix A of the Report 

and Order. 

B. Paperwork Reduction Act of 1995 

Analysis 

The Report and Order document 

contains new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. 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 information collection 

requirements contained in this 

proceeding. 

Final Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act (RFA), an Initial 

Regulatory Flexibility Analysis (IRFA) 

was incorporated into the NPRM of this 

proceeding. The Commission sought 

written public comment on the IRFA. 

The RFA requires that an agency 

prepare a regulatory flexibility analysis 

for notice-and-comment rulemaking 

proceedings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

The RFA generally defines ‘‘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 Small Business 

Administration (SBA). The present 

Final Regulatory Flexibility Analysis 

(FRFA) conforms to the RFA. 

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71322 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

A. Need for, and Objectives of, the 

Proposed Rules 

1. In the Report and Order, we amend 

the Commission’s rules governing 700 

MHz public safety narrowband 

spectrum at 769–775 MHz and 799–805 

MHz. The rule changes adopted are 

intended to promote flexible and 

efficient use of public safety 

narrowband spectrum in the 700 MHz 

band while reducing the regulatory 

burdens on licensees wherever possible. 

In order to achieve these objectives, we: 

• Eliminate the December 31, 2016 

narrowbanding deadline for 700 MHz 

public safety narrowband licensees to 

transition from 12.5 kilohertz to 6.25 

kilohertz channel bandwidth 

technology. 

• Redesignate channels in the 700 

MHz band that are currently licensed for 

secondary trunking operations for 

public safety aircraft voice operations, at 

a maximum ERP of 2 watts, consistent 

with NPSTC’s 2010 proposal. 

• Decline to establish a Nationwide 

Interoperability Travel Channel. 

• Allow voice operations on Data 

Interoperability Channels on a 

secondary basis. 

• Reallocate the Reserve Channels to 

General Use Channels and afford TBand public safety licensees priority for 

licensing of the former Reserve 

Channels in T-Band areas. 

• Decline to increase the permissible 

2 watt ERP for radios operating on the 

mobile-only low power channels. 

• Encourage manufacturers to 

demonstrate compliance with § 90.548 

of the Commission’s rules 

(Interoperability Technical Standards) 

by submitting evidence of Compliance 

Assessment Program (CAP) approval. 

Alternatively, manufacturers may 

provide a document demonstrating how 

they determined that their devices are 

interoperable across vendors and meet 

§ 90.548 requirements. 

• Adopt rules governing the spectral 

output of signal boosters when 

simultaneously retransmitting multiple 

signals. 

• Adopt effective radiated power 

(ERP) as a regulatory parameter in place 

of transmitter power output (TPO). 

• Recommend, but do not require, 

that 700 MHz radios operating on 

interoperability calling channels employ 

the Network Access Code (NAC) $293. 

• Clarify that 700 MHz radios must be 

capable of being programmed for all 64 

interoperability channels, but that all 64 

channels need not be immediately 

accessible to the user. 

• Clarify that the rules do not allow 

analog operation on the 700 MHz 

interoperability channels. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

1. There were no comments filed that 

specifically addressed the rules and 

policies proposed in the IRFA. 

C. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Will Apply 

2. 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, 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. 

3. Public Safety Radio Licensees. As a 

general matter, Public Safety Radio 

Licensees include police, fire, local 

government, forestry conservation, 

highway maintenance, and emergency 

medical services. For the purpose of 

determining whether a Public Safety 

Radio Licensee is a small business as 

defined by the SBA, we use the broad 

census category, Wireless 

Telecommunications Carriers (except 

Satellite). This definition provides that 

a small entity is any such entity 

employing no more than 1,500 persons. 

The Commission does not require 

Public Safety Radio Licensees to 

disclose information about number of 

employees, so the Commission does not 

have information that could be used to 

determine how many Public Safety 

Radio licensees constitute small entities 

under this definition. 

4. 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 Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing, which is: all such firms 

having 750 or fewer employees. 

According to Census Bureau data for 

2007, there were a total of 939 

establishments in this category that 

operated for part or all of the entire year. 

According to Census bureau data for 

2007, there were a total of 919 firms in 

this category that operated for the entire 

year. Of this total, 771 had fewer than 

100 employees and 148 had more than 

100 employees. Thus, under that size 

standard, the majority of firms can be 

considered small. 

D. Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

2. This Report and Order adopts a rule 

that will entail reporting, recordkeeping, 

and/or third-party consultation. 

Specifically, the Report and Order 

requires all Wireless Communications 

Equipment Manufacturers that 

manufacture 700 MHz narrowband 

equipment capable of operating on the 

interoperability channels to demonstrate 

compliance with the Commission’s 

Interoperability Technical Standards. 

One method of demonstrating this 

compliance is demonstrating 

compliance with the Project 25 

Compliance Assessment Program (CAP). 

CAP is a program that establishes an 

independent compliance assessment 

process to ensure that communications 

equipment conforms to Project 25 

standards and is interoperable across 

vendors. The purpose of this rule is to 

enhance interoperability and provide 

assurance to licensees that their 

equipment is interoperable across 

vendors regardless of which vendor they 

choose. Thus, the Report and Order 

establishes the presumption that CAP 

compliance is sufficient to show 

compliance with § 90.548. Alternatively, 

a manufacturer may submit a document 

describing how it determined 

compliance with Section 90.548 and 

that its equipment is interoperable 

across vendors. The Report and Order 

concludes this is the most effective 

means of ensuring licensee adherence 

with § 90.548 of our rules. The 

estimated burden and cost levels for 

equipment certification are described in 

more detail in the supporting statement 

for OMB Control No. 3060–0057. 

3. This Report and Order designates 

the twenty-four 12.5 kilohertz 

bandwidth reserve channel pairs for 

General Use subject to the approved 

regional planning committee regional 

plans. To date, only 47 out of 55 regions 

have obtained approval for their plans. 

As a result, we direct these 47 700 MHz 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71323 

regional planning committees that have 

obtained approval for their regional 

plans to modify their plans to reflect the 

new 700 MHz narrowband General Use 

reserve spectrum allocation adopted in 

this Report and Order. Therefore, these 

47 regions will incur a one-time burden 

as they implement the final rule. 

Similarly, we estimate that each of the 

55 regional planning committees will 

receive information on how to 

incorporate the reserve channels into 

their plans from approximately 20 

eligible entities, so that the total number 

of third party respondents is estimated 

to be approximately 1100. The 

estimated burden and cost levels are 

described in more detail in the 

supporting statement for OMB 3060– 

0805, ICR Ref No. 201103–3060–001. 

4. This Report and Order designates 

the twenty-four 12.5 kilohertz 

bandwidth reserve channel pairs for 

General Use subject to the approved 

regional planning committees’ regional 

plans. Each applicant for General Use 

Reserve Spectrum shall notify the 

relevant Regional Planning 

Committee(s) prior to filing a license 

application with the Commission and 

allow the Regional Planning Committee 

the opportunity to review the 

application and prepare a statement of 

concurrence. Any statement of 

concurrence from the Regional Planning 

Committee shall be submitted with the 

applicant’s license application. 

Therefore, these licensees and regional 

planning committees will incur a onetime burden each time an application is 

filed with the Commission. The 

estimated burden and cost levels are 

described in more detail in the 

supporting statement for OMB 3060– 

1198, ICR Ref. No. 201404–3060–023. 

Additionally, T-Band incumbents that 

seek to license the Reserve Channels 

must commit to return to the 

Commission an equal amount of T-Band 

spectrum. 

5. This Report and Order redesignates 

the Secondary Trunking Channels to 

support Air-Ground communications 

subject to State administration. We 

assign responsibility for coordinating 

these channels to the states. Each 

applicant for Air-Ground spectrum shall 

notify the relevant State prior to filing 

a license application with the 

Commission and allow the State the 

opportunity to review the application 

and prepare a statement of concurrence. 

Any statement of concurrence from the 

State shall be submitted with the 

applicant’s license application. 

6. This Report and Order amends the 

rules to require radios to be capable of 

being programmed to operate on any of 

the sixty-four 6.25 kilohertz bandwidth 

interoperability channels in the 700 

MHz band. All 64 channels, however, 

need not be immediately available to the 

user. This rule change eliminates an 

ambiguity in the rules and reduces the 

compliance requirements for public 

safety licensees. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

5. 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. 

6. The Report and Order adopts a 

number of changes to the rules covering 

operation of public safety systems on 

narrowband spectrum in the 700 MHz 

band. In formulating rule changes in the 

Report and Order, we strived to promote 

efficient use of the 700 MHz public 

safety narrowband spectrum while 

reducing economic burdens on Public 

Safety Radio Licensees. Absent these 

rule changes, we conclude that Public 

Safety Radio Licensees would be subject 

to increased economic burdens and 

unnecessary restrictions. 

7. Deadline for Narrowbanding 

Transition to 6.25 Kilohertz Technology. 

The Report and Order eliminates the 

December 31, 2016 deadline for 700 

MHz public safety narrowband licensees 

to transition to 6.25 kHz bandwidth 

technology and the December 31, 2014 

interim deadline for the cessation of 

marketing, manufacture, or import of 

700 MHz narrowband equipment not 

capable of operating at 6.25 kilohertz 

efficiency. Elimination of the 2016 

deadline relieves public safety licensees 

of the economic burden associated with 

having to replace currently operating 

communications systems prior to the 

end of their life-cycle. Elimination of 

the 2014 deadline allows for the 

development of industry standards for 

6.25 kHz technology which will allow 

equipment manufacturers to develop 

equipment designed for interoperability 

among equipment of all manufacturers 

as opposed to equipment that can only 

communicate with a limited number of 

vendors’ equipment. 

8. Air-Ground Communications on 

Secondary Trunking Channels. The 

Report and Order re-designates the 

secondary trunking channels for airground communications to be used by 

low altitude aircraft and ground based 

stations. The Report and Order 

concludes there is a need to designate 

specific channels in the band for use by 

low-altitude aircraft and that secondary 

trunking channels are no longer used for 

their original purpose. Thus, public 

safety licensees benefit from this rule 

change because channels in the band 

which previously remained fallow 

become available for the increasingly 

important function of allowing aircraft 

responding to emergencies to 

interoperate with public safety officials 

on the ground. 

9. Nationwide Interoperability Travel 

Channel. The Report and Order declines 

to re-designate one of the 12.5 kilohertz 

bandwidth nationwide calling channel 

pairs as a Nationwide Interoperability 

Travel Channel. The Report and Order 

concludes that the adverse impact of 

reducing the overall channel capacity 

devoted to nationwide calling 

interoperability outweighs any potential 

benefit to public safety licensees of 

designating a nationwide travel channel. 

10. Voice Communications on Data 

Interoperability Channels. The Report 

and Order permits voice 

communications on a secondary basis 

on both of the two 12.5 kilohertz 

bandwidth data-only interoperability 

channels. This rule change benefits 

public safety licensees by providing 

them the flexibility to use additional 

channels for voice interoperability in 

jurisdictions that only have limited if 

any demand for data interoperability. 

11. Reserve Channels. The Report and 

Order designates all twenty four 12.5 

kilohertz bandwidth Reserve Channel 

pairs for General Use subject to 

approved regional planning committee 

regional plans. The Reserve Channels 

had been held in reserve to address 

public safety’s developing needs. To 

further Congress’ goal to facilitate 

relocation of public safety incumbents 

in the 470–512 MHz T-band, the Report 

and Order provides priority access to all 

twenty four 12.5 kilohertz channel pairs 

for T-Band relocation in the urban areas 

specified in Section 90.303 of the 

Commission’s rules. Outside the urban 

areas specified by Section 90.303, the 

Report and Order permits approved 

regional planning committees to 

designate up to eight 12.5 kilohertz 

channel pairs for temporary deployable 

trunked use and the rest for General 

Use, including low power vehicular 

repeater operation. This approach 

affords public safety agencies with 

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71324 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

flexibility in operation on the former 

Reserve Channels while also avoiding 

undue economic burdens. 

12. Power Limit for Low Power 

Channels. The Report and Order 

declines to increase the power limit on 

the low power channels from two to 

twenty watts effective radiated power 

(ERP). The Report and Order concludes 

public safety licensees would benefit 

from retaining these channels for their 

original intended purpose of providing 

first responders with on-scene lowpower communications. The Report and 

Order instructs licensees needing 

additional transmit power in order to 

communicate over large distances or to 

penetrate RF-resistant buildings to 

consider the numerous full power 

narrowband channels available in the 

band. 

13. Compliance with Interoperability 

Technical Standards. The Report and 

Order requires equipment 

manufacturers to demonstrate 

compliance with the requisite 

Interoperability Technical Standards as 

a condition for equipment certification. 

This will provide a benefit to public 

safety licensees by ensuring that only 

equipment that has been tested for 

trunked and conventional 

interoperability in a vendor-neutral 

environment can be marketed. This will 

provide the additional benefit of 

engendering competition in the public 

safety equipment marketplace by 

eliminating system compatibility as a 

gating factor when evaluating 

equipment purchases. We have 

attempted to reduce the burden on 

equipment manufacturers by allowing 

them to meet this standard by 

demonstrating compliance with the 

Project 25 Compliance Assessment 

Program. Compliance with this program 

is already a requisite for grant eligibility 

and agency purchasing standards and 

thus we feel that any new burden 

imposed by this requirement would be 

minimal. Alternatively, manufacturers 

may demonstrate, independent of the 

CAP Program, that their equipment is 

interoperable with that of other 

manufacturers. 

14. ACP Requirements for Class B 

Signal Boosters. The Report and Order 

exempts Class B signal boosters from the 

ACP limits of § 90.543(a), but only when 

such units are simultaneously 

retransmitting multiple signals. In lieu 

of the ACP limits, the Report and Order 

applies the emission limit listed in 

§ 90.543(c) applicable to Class B signal 

boosters operating in this manner. 

Wireless Communications Equipment 

Manufacturers that produce Class B 

signal boosters benefit from this 

exemption because they will be able to 

continue manufacturing and marketing 

signal boosters capable of operating on 

700 MHz public safety narrowband 

spectrum. Public safety licensees benefit 

from this exemption because they will 

continue to have access to signal 

boosters capable of providing inbuilding RF coverage in this band. 

Absent this exemption, public safety 

licensees may have been unable to find 

solutions for deficiencies in in-building 

RF coverage. 

15. Narrowband Power Limits. The 

Report and Order converts all power 

limits from transmitter output power 

(TPO) to effective radiated power (ERP) 

and consolidates all power limits into a 

more comprehensive Section 90.541. 

The Report and Order also deletes 

§ 90.545 in its entirety because full 

power TV and DTV stations no longer 

occupy the band. Thus, this rule section 

is no longer necessary. Public safety 

licensees benefit from this update 

because all power limits will now be in 

terms of ERP which more accurately 

defines the actual operating power of 

the radio and is therefore more suitable 

for services—such as 700 MHz public 

safety narrowband operations—which 

are subject to licensing and frequency 

coordination. 

16. Interoperability Network Access 

Code. The Report and Order declines to 

specify a standardized Network Access 

Code (NAC) by rule for operation on the 

700 MHz interoperability channels. The 

NAC is a pre-programmed digital 

address in a Project 25 radio which 

allows the radio to ‘‘hear’’ only 

communications directed to that 

address from another radio. The Report 

and Order concludes that the choice of 

a NAC for interoperability channels is 

best left to regional, state and local 

public safety agencies to address 

according to their operational security 

and organizational needs. This approach 

affords public safety flexibility in 

programming radios while avoiding 

undue economic burdens. 

17. User Access to Interoperability 

Channels. The Report and Order 

clarifies that Commission rules require 

only that radios be capable of being 

programmed to operate on any of the 

interoperability channels, but do not 

require that all 64 interoperability 

channels be selectable by the user. This 

approach affords public safety flexibility 

in programming radios while avoiding 

undue economic burdens. 

18. Analog Operation on the 

Interoperability Channels. The Report 

and Order declines to permit users to 

operate their mobile and portable 

equipment in analog mode on the 

interoperability channels. In reaching 

this decision, the Report and Order 

concludes that allowing two modulation 

modes on a channel reserved for 

interoperable voice communications 

would seriously impair interoperability. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

19. None. 

G. Report to Congress 

20. The Commission will send a copy 

of the Report and Order, including the 

FRFA, in a report to be sent to Congress 

pursuant to the Small Business 

Regulatory Enforcement Fairness Act of 

1996. In addition, the Commission will 

send a copy of the Report and Order, 

including this FRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Ordering Clauses 

21. Accordingly, it is ordered that, 

pursuant to sections 1, 4(i), 303, 316, 

332 and 337 of the Communications Act 

of 1934, as amended, 47 U.S.C. 151, 

154(i), 303, 316, 332 and 337, the Report 

and Order is hereby adopted. 

It is further ordered that the 

amendments of the Commission’s rules 

as set forth in Appendix B of the Report 

and Order are adopted, effective 

January 2, 2015, except for those rules 

and requirements in §§ 2.1033(c)(20), 

90.531(b)(2) and 90.531(b)(7), 47 CFR 

2.1033(c)(20), 90.531(b)(2) and 

90.531(b)(7), containing new or 

modified information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995, which will become effective after 

such approval, on the effective date 

specified in a notice that the 

Commission publishes in the Federal 

Register announcing such approval and 

effective date. 

22. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and § 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver filed by the 

Washington Metropolitan Area Transit 

Authority on June 18, 2013, is dismissed 

as moot. 

23. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver filed by the Los 

Angeles Regional Interoperable 

Communications System Joint Powers 

Authority on December 7, 2012, is 

dismissed as moot. 

24. It is further ordered that, pursuant 

to section 4(i) of the Communications 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71325 

Act of 1934, as amended, 47 U.S.C. 

154(i), and § 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver filed by Central 

Maryland Area Radio Communications 

(CMARC) on April 3, 2013, is dismissed 

as moot. 

25. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and § 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver and Request for 

Expedited Review and Action for 

Rulemaking filed by Weld County, 

Colorado on February 14, 2013, is 

dismissed as moot. 

26. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver and Request for 

Expedited Review and Action for 

Rulemaking filed by the Region 12, 700 

MHz Regional Planning Committee and 

the State of Idaho Statewide 

Interoperability Executive Council on 

February 8, 2013, is dismissed as moot. 

27. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver and Request for 

Expedited Review and Action for 

Rulemaking filed by the City of Pueblo, 

Colorado on December 12, 2012, is 

dismissed as moot. 

28. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver and Request for 

Expedited Review and Action for 

Rulemaking filed by the County of 

Douglas, Colorado on December 12, 

2012, is dismissed as moot. 

29. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver and Request for 

Expedited Review and Action for 

Rulemaking filed by the City of 

Thornton, Colorado on December 5, 

2012, is dismissed as moot. 

30. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Request for Waiver and Request for 

Expedited Review and Action for 

Rulemaking filed by the Adams County 

Communications Center, Inc., Colorado 

on November 29, 2012, is dismissed as 

moot. 

31. It is further ordered that, pursuant 

to section 4(i) of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), and section 1.925(b)(3) of the 

Commission’s rules, 47 CFR 1.925(b)(3), 

the Petition for Waiver filed by the State 

of Maryland on December 12, 2013, is 

dismissed as moot. 

32. It is further ordered that the 

Commission shall send a copy of the 

Report and Order in a report to be sent 

to Congress and the General Accounting 

Office pursuant to the Congressional 

Review Act, 5 U.S.C. 801(a)(1)(A). 

List of Subjects 

47 CFR Part 2 

Radio. 

47 CFR Part 90 

Radio. 

Federal Communications Commission. 

Gloria J. Miles, 

Federal Register Liaison Officer. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR parts 2 and 

90 as follows: 

PART 2—FREQUENCY ALLOCATIONS 

AND RADIO TREATY MATTERS; 

GENERAL RULES AND REGULATIONS 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302, 303, 307, 

336, and 337, unless otherwise noted. 

■ 2. Section 2.1033 is amended by 

adding paragraph (c)(20) to read as 

follows: 

§ 2.1033 Application for certification. 

* * * * * 

(c) * * * 

(20) Applications for certification of 

equipment operating under part 90 of 

this chapter and capable of operating on 

the 700 MHz interoperability channels 

(See § 90.531(b)(1) of this chapter) shall 

include a Compliance Assessment 

Program Supplier’s Declaration of 

Conformity and Summary Test Report 

or, alternatively, shall include a 

document detailing how the applicant 

determined that its equipment complies 

with § 90.548 of this chapter and that 

the equipment is interoperable across 

vendors. 

* * * * * 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 3. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r) 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r) and 332(c)(7). 

■ 4. Section 90.203 is amended by 

revising paragraph (m) and removing 

and reserving paragraph (n). 

The revision reads as follows: 

§ 90.203 Certification Required. 

* * * * * 

(m) Applications for part 90 

certification of transmitters designed to 

operate in in 769–775 MHz and 799–805 

MHz frequency bands will only be 

granted to transmitters meeting the 

modulation, spectrum usage efficiency 

and channel capability requirements 

listed in §§ 90.535, 90.547, and 90.548. 

* * * * * 

■ 5. Section 90.531 is amended by 

revising paragraphs (b)(1)(i) and (iii), 

(b)(2), and (b)(6) and (7) to read as 

follows: 

§ 90.531 Band plan. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Narrowband data Interoperability 

channels. The following channel pairs 

are reserved nationwide for data 

transmission on a primary basis: 279/

1239, 280/1240, 921/1881, and 922/

1882. Voice operations are permitted on 

these channels on a secondary basis. 

* * * * * 

(iii) Narrowband trunking 

Interoperability channels. The following 

Interoperability channel pairs may be 

used in trunked mode on a secondary 

basis to conventional Interoperability 

operations: 23/983, 24/984, 103/1063, 

104/1064, 183/1143, 184/1144, 263/

1223, 264/1224, 657/1617, 658/1618, 

737/1697, 738/1698, 817/1777, 818/

1778, 897/1857, 898/1858. For every ten 

general use channels trunked at a 

station, entities may obtain a license to 

operate in the trunked mode on two of 

the above contiguous Interoperability 

channel pairs. The maximum number of 

Interoperability channel pairs that can 

be trunked at any one location is eight. 

(2) Narrowband General Use Reserve 

channels. The following narrowband 

channels are designated for General Use 

subject to Commission approved 

regional planning committee regional 

plans and technical rules applicable to 

General Use channels: 37, 38, 61, 62, 77, 

78, 117, 118, 141, 142, 157, 158, 197, 

198, 221, 222, 237, 238, 277, 278, 301, 

302, 317, 318, 643, 644, 683, 684, 699, 

700, 723, 724, 763, 764, 779, 780, 803, 

804, 843, 844, 859, 860, 883, 884, 923, 

924, 939, 940, 997, 998, 1021, 1022, 

1037, 1038, 1077, 1078, 1101, 1102, 

1117, 1118, 1157, 1158, 1181, 1182, 

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71326 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

1197, 1198, 1237, 1238, 1261, 1262, 

1277, 1278, 1603, 1604, 1643, 1644, 

1659, 1660, 1683, 1684, 1723, 1724, 

1739, 1740, 1763, 1764, 1803, 1804, 

1819, 1820, 1843, 1844, 1883, 1884, 

1899, 1900. 

(i) T-Band Relocation. The 

narrowband channels established in 

paragraph (b)(2) are designated for 

priority access by public safety 

incumbents relocating from the 470–512 

MHz band in the urban areas specified 

in §§ 90.303 and 90.305 of the 

Commission’s rules provided that such 

incumbent commits to return to the 

Commission an equal amount of T-Band 

spectrum and obtains concurrence from 

the relevant regional planning 

committee(s). Public safety T-Band 

incumbents shall enjoy priority access 

for a five year period starting from the 

date the Public Safety and Homeland 

Security Bureau releases a public notice 

announcing the availability of Reserve 

Channels for licensing. 

(ii) Deployable Trunked Systems. 

Outside the urban areas specified in 

§§ 90.303 and 90.305 of the 

Commission’s rules, the 700 MHz 

Regional Planning Committees may 

designate no more than eight 12.5 

kilohertz channel pairs for temporary 

deployable mobile trunked 

infrastructure (F2BT) that could be 

transported into an incident area to 

assist with emergency response and 

recovery. 

(iii) General Use. Outside the urban 

areas specified in §§ 90.303 and 90.305 

of the Commission’s rules, the 700 MHz 

Regional Planning Committees may 

designate sixteen to twenty four 12.5 

kilohertz channel pairs for General Use, 

including low power vehicular mobile 

repeaters (MO3). 

* * * * * 

(6) Narrowband general use channels. 

All narrowband channels established in 

this paragraph (b), other than those 

listed in paragraphs (b)(1), (b)(4), (b)(5), 

and (b)(7) of this section are reserved to 

public safety eligibles subject to 

Commission approved regional 

planning committee regional plans. 

Voice operations on these channels are 

subject to compliance with the spectrum 

usage efficiency requirements set forth 

in § 90.535(d). 

(7) Air-ground channels. The 

following channels are reserved for airground communications to be used by 

low-altitude aircraft and ground based 

stations: 21/981, 22/982, 101/1061, 102/ 

1062, 181/1141, 182/1142, 261/1221, 

262/1222, 659/1619, 660/1620, 739/

1699, 740/1700, 819/1779, 820/1780, 

899/1859, and 900/1860. 

(i) Airborne use of these channels is 

limited to aircraft flying at or below 457 

meters (1500 feet) above ground level. 

(ii) Aircraft are limited to 2 watts 

effective radiated power (ERP) when 

transmitting while airborne on these 

channels. 

(iii) Aircraft may transmit on either 

the mobile or base transmit side of the 

channel pair. 

(iv) States are responsible for the 

administration of these channels. 

* * * * * 

■ 6. Section 90.535 is amended by 

revising paragraph (a) and paragraph (d) 

introductory text to read as follows. 

§ 90.535 Modulation and spectrum usage 

efficiency requirements. 

* * * * * 

(a) All transmitters in the 769–775 

MHz and 799–805 MHz frequency 

bands must use digital modulation. 

Mobile and portable transmitters may 

have analog modulation capability only 

as a secondary mode in addition to its 

primary digital mode except on the 

interoperability channels listed in 

§ 90.531(b)(1). Analog modulation is 

prohibited on the interoperability 

channels. Mobile and portable 

transmitters that only operate on the 

low power channels designated in 

§ 90.531(b)(3) and (4) are exempt from 

this digital modulation requirement. 

* * * * * 

(d) Transmitters designed to operate 

on the channels listed in paragraphs 

§ 90.531(b)(2), (b)(5), (b)(6), and (b)(7) 

must be capable of operating in the 

voice mode at an efficiency of at least 

one voice path per 12.5 kHz of spectrum 

bandwidth. 

* * * * * 

■ 7. Revise § 90.541 to read as follows: 

§ 90.541 Transmitting power and antenna 

height limits. 

The transmitting power and antenna 

height of base, mobile, portable and 

control stations operating in the 769– 

775 MHz and 799–805 MHz frequency 

bands must not exceed the maximum 

limits in this section. Power limits are 

listed in effective radiated power (ERP). 

(a) The transmitting power and 

antenna height of base stations must not 

exceed the limits given in paragraph (a) 

of § 90.635. 

(b) The transmitting power of a 

control station must not exceed 200 

watts ERP. 

(c) The transmitting power of a mobile 

unit must not exceed 100 watts ERP. 

(d) The transmitting power of a 

portable (hand-held) unit must not 

exceed 3 watts ERP. 

(e) Transmitters operating on the 

narrowband low power channels listed 

in § 90.531(b)(3) and (4), must not 

exceed 2 watts ERP. 

■ 8. Section 90.543 is amended by 

revising the introductory text to read as 

follows: 

§ 90.543 Emission limitations. 

Transmitters designed to operate in 

769–775 MHz and 799–805 MHz 

frequency bands must meet the 

emission limitations in paragraphs (a) 

through (d) of this section. Class A and 

Class B signal boosters retransmitting 

signals in the 769–775 MHz and 799– 

805 MHz frequency bands are exempt 

from the limits listed in paragraph (a) of 

this section when simultaneously 

retransmitting multiple signals and 

instead shall be subject to the limit 

listed in paragraph (c) of this section 

when operating in this manner. 

Transmitters operating in 758–768 MHz 

and 788–798 MHz bands must meet the 

emission limitations in (e) of this 

section. 

* * * * * 

§ 90.545 [Removed] 

■ 9. Remove § 90.545. 

■ 10. Section 90.547 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 90.547 Narrowband Interoperability 

channel capability requirement. 

(a) Except as noted in this section, 

mobile and portable transmitters 

operating on narrowband channels in 

the 769–775 MHz and 799–805 MHz 

frequency bands must be capable of 

being programmed to operate on all of 

the designated nationwide narrowband 

Interoperability channels pursuant to 

the standards specified in this part. 

* * * * * 

■ 11. Section 90.548 is amended by 

adding paragraph (c) to read as follows: 

§ 90.548 Interoperability Technical 

Standards. 

* * * * * 

(c) Equipment certified by the P25 

Compliance Assessment Program is 

presumed to comply with this section. 

[FR Doc. 2014–28250 Filed 12–1–14; 8:45 am] 

BILLING CODE 6712–01–P 

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