10660 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Proposed Rules

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 spectrumefficient 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

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Proposed Rules 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 ninetysix 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]

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