[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Proposed Rules]
[Pages 10660-10661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4028]



[[Page 10660]]

-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; FCC 01-10]


Public Safety Communications

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission proposes to establish rules 
governing the migration to a 6.25 kHz technology on the 700 MHz public 
safety band General Use channels. By establishing such rules, the 
Commission will increase the efficiency of that spectrum, with the 
potential of allowing additional public safety use of that band.

DATES: Comments are due March 19, 2001, Reply Comments are due April 2, 
2001.

ADDRESSES: Federal Communications Commission, 445 12th St., SW., Room 
TW-A325, Washington, DC 20554. Comments may also be filed using the 
Commission's Electronic Filing System, which can be accessed via the 
Internet at www.fcc.gov/e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: Michael Connelly, Policy and Rules 
Branch, Public Safety and Private Wireless Division, Wireless 
Telecommunications Bureau at (202) 418-0132.

SUPPLEMENTARY INFORMATION:
    1. The Commission's Fifth Notice of Proposed Rule Making (5th 
NPRM), WT Docket No. 96-86, FCC 01-10, was adopted January 11, 2001, 
and released on January 17, 2001. The full text of this 5th NPRM is 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC. The complete text may be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW., Washington, DC 20037. The full text may 
also be downloaded at: http://www.fcc.gov/wtb/releases/fcc0110.doc. 
Alternative formats are available to persons with disabilities by 
contacting Martha Contee at (202) 418-0260 or TTY (202) 418-2555.

Summary of the 5th NPRM

    2. The Commission seeks comment on proposals regarding implementing 
to a voice efficiency standard of one voice channel per 6.25 kHz 
bandwidth for the General Use channels in the 700 MHz public safety 
band. Based on comments received from public safety entities, 
communication directors, and equipment manufacturers, the Commission 
believes that there are two broad groups proposing different 
``migration paths'' to a more spectrum-efficient standard. The first, 
which includes Com-Net Ericsson, Nokia, and the North American TETRA 
Forum (NATF), urges immediate adoption of the concept of one voice 
channel per 6.25 kHz. The second, which includes the Association of 
Public-Safety Communications Officials--International (APCO), the 
International Association of Chiefs of Police (IACP), Motorola, the 
Federal Law Enforcement Wireless Users Group, and the Project 25 
Steering Committee, set forth a migration path consisting of five 
stages and spanning a total of twenty-one years.
    3. Com-Net Ericsson, Nokia, and NATF recommend immediate adoption 
of a 6.25 kHz efficiency standard, i.e., one voice path per 6.25 kHz of 
occupied bandwidth, for voice operations on the General Use channels. 
Com-Net Ericsson, for example, asserts that compliant technologies are 
available today, and further technological advances are anticipated 
between now and when 700 MHz-band public safety equipment becomes 
available. Nokia and NATF recommend that in 2005, the Commission 
evaluate equipment deployed in the 700 MHz band and the progress of the 
technical development and, based on this information, consider a formal 
migration path to 6.25 kHz interoperability. Nokia contends that 
equipment utilizing 6.25 kHz efficiency is already fully developed and 
available for general use from a wide array of manufacturers, including 
leading U.S manufacturers, and believes that adopting this efficiency 
standard will encourage equipment manufacturers to devote their 
research and development resources to 6.25 kHz conventional technology.
    4. Under the five-step, twenty-one year plan put forth by APCO and 
IACP, step one is immediate adoption of Project 25 Phase I as the 
Interoperability standard. Step two requires that as of December 31, 
2006, or within six months following Commission notice that at least 
fifteen of the Top twenty metropolitan areas have been cleared of 
relevant television stations, whichever is later, all newly type-
accepted radios for use in the band must have the capability to provide 
one voice channel per 6.25 kHz and must still meet the Project 25 Phase 
I standard for the Interoperability channels. Within ten years after 
the date established in step two, all General Use operations must be at 
6.25 kHz in the Top fifty metropolitan areas for step three. Step four 
requires that all General Use operations must be at 6.25 kHz by fifteen 
years after the date established in Step two. Finally, as of the date 
established in step two, the Commission must re-examine technological 
and marketplace developments and determine whether it is possible to 
develop a migration path for the subsequent transition.
    5. The Commission seeks comment on the proper approach for 
achieving a 6.25 kHz standard for the General Use channels. At the same 
time, in order to facilitate the prompt use of the 700 MHz Band 
spectrum, the Commission had determined in the Fourth Report and Order 
in this proceeding that it will not require new systems to use 6.25 kHz 
technology before December 31, 2005. The Commission has also concluded 
that any 12.5 kHz-based systems constructed and placed in operation 
prior to December 31, 2005, will be able to continue to purchase and 
deploy 12.5 kHz equipment for system expansion or maintenance. The 
Commission has also concluded that such 12.5 kHz systems will not be 
required to cease operations and convert to 6.25kHz technology prior to 
December 31, 2015, at the earliest. While nothing in the Commission's 
Rules would prohibit the use of 6.25 kHz technology now, the Commission 
is concerned that mandating the use of 6.25 kHz technology would only 
serve to delay the use of the 700 MHz Band spectrum. Commenters should 
address the advantages and disadvantages associated with various 
approaches that are consistent with this ``safe harbor'' provision.
    6. The Commission seeks comments to identify such factors and the 
potential impact that they would have on the duration of a migration 
period and to discuss what would be an appropriate length for migration 
and the reasoning therefore. The Commission seeks comment on whether 
the Commission should adopt different migration paths for rural and 
urban markets, given their different needs. Given the differing needs 
of public safety entities in rural and urban areas, as well as possible 
differences in timing when the 700 MHz public safety spectrum may be 
available to those entities, it may be appropriate to establish 
multiple migration paths for different types of entities. The 
Commission encourages commenters that would urge the Commission to 
adopt multiple migration paths to offer specific proposals.

Initial Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared an Initial Regulatory

[[Page 10661]]

Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities of the policies and rules proposed in this Fifth 
Notice of Proposed Rule Making (Fifth Notice). Written public comments 
are requested regarding this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
on the Fifth Notice provided in paragraph 103. The Commission will send 
a copy of the Fifth Notice, including this IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration.

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

    8. In the Fifth Notice, we continue our evaluation of rules 
applicable to the use of public safety spectrum in the frequencies at 
764-776 MHz and 794-806 MHz (the 700 MHz band). Specifically, the Fifth 
Notice seeks comment on a ``migration path'' to a more spectrum-
efficient technology standard for public safety general use frequencies 
in the 700 MHz band. We seek comment on only the issue of what path the 
Commission should adopt. Adopting such a path should provide for the 
prompt entry of public safety entities onto the 700 MHz band when that 
band is cleared of its present occupants.

B. Legal Basis

    9. Authority for issuance of this item is contained in Sections 1, 
4(i), 7, 301, 302, 303, and 337 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 157, 301, 302, 303, 337.

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

    10. 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 defines the term 
``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small business concern'' 
under Section 3 of the Small Business Act. A small business concern is 
one that: (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. Nationwide, as of 
1992, there were approximately 275,801 small organizations. ``Small 
governmental jurisdiction'' generally means ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than 50,000.'' As of 1992, there 
were approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or ninety-six percent, have populations of fewer than 50,000. The 
Census Bureau estimates that this ratio is approximately accurate for 
all governmental entities. Thus, of the 85,006 governmental entities, 
we estimate that 81,600 (ninety-one percent) are small entities. Below, 
we further describe and estimate the number of small entity licensees 
and regulatees that may be affected by the proposed rules, if adopted.
    11. Public Safety Radio Pool Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Spectrum in the 700 MHz band for public safety services is 
governed by 47 U.S.C. 337. Non-Federal governmental entities, as well 
as private businesses, are licensees for these services. As indicated 
above, all governmental entities with populations of less than 50,000 
fall within the definition of a small entity. Neither the Commission 
nor the SBA has developed a definition of small businesses directed 
specifically toward public service licensees. Therefore, the applicable 
definition of small business is the definition under the SBA rules 
applicable to radiotelephone (wireless) companies. This provides that a 
small business is a radiotelephone company employing no more than 1,500 
persons. According to the Bureau of the Census, only twelve 
radiotelephone firms from a total of 1,178 such firms which operated 
during 1992 had 1,000 or more employees. Therefore, even if all twelve 
of these firms were public safety licensees, nearly all would be small 
businesses under the SBA's definition, if independently owned and 
operated.
    12. Radio and Television Equipment Manufacturers. We anticipate 
that at least six radio equipment manufacturers will be affected by our 
decisions in this proceeding. According to the Small Business 
Administration's regulations, a radio and television broadcasting and 
communications equipment manufacturer must have 750 or fewer employees 
in order to qualify as a small business concern. Census Bureau data 
indicate that there are 858 U.S. firms that manufacture radio and 
television broadcasting and communications equipment, and that 778 of 
these firms have fewer than 750 employees and would therefore be 
classified as small entities. We do not have information that indicates 
how many of the six radio equipment manufacturers associated with this 
proceeding are among these 778 firms. Motorola and Ericsson, however, 
are major, nationwide radio equipment manufacturers, and thus, we 
conclude that they would not qualify as small businesses.

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

    13. The Fifth Notice does not propose a rule that will entail 
reporting, recordkeeping, and/or third-party consultation.

E. Significant Alternatives Minimizing the Economic Impact on Small 
Entities

    14. 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. 5 U.S.C. 603. In this proceeding, we have several options for 
migrating from 12.5 kHz technology to 6.25 kHz technology. We seek to 
determine the most efficient, cost effective, and quickest migration 
path for the public safety community.

F. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rules

    None.

List of Subjects in 47 CFR Part 90

    Communications equipment, Radio requirements.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-4028 Filed 2-15-01; 8:45 am]
BILLING CODE 6712-01-P