[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Pages 61535-61538]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24792]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 11-69 and ET Docket 09-234; FCC 12-114]


Private Land Mobile Radio Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission modifies its rules to permit 
the certification and use of Terrestrial Trunked Radio (TETRA) 
equipment. These amendments are necessary in order to permit 
implementation of TETRA technology in the United States.

DATES: Effective November 9, 2012.

FOR FURTHER INFORMATION CONTACT: Tim Maguire, Mobility Division, 
Wireless Telecommunications Bureau at (202) 418-2155, or TTY (202) 418-
7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report

[[Page 61536]]

and Order (R&O), adopted September 19, 2012, and released September 21, 
2012. The full text of this document is available for inspection and 
copying during normal business hours in the FCC Reference Center, 445 
12th Street SW., Washington, DC 20554. The complete text may be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 
20554. The full text may also be downloaded at: www.fcc.gov. 
Alternative formats are available to persons with disabilities by 
sending an email to fcc504@fcc.gov or by calling the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(tty).

Summary

    1. The Commission, in effort to bring into conformity all of it's 
part 90 technical rules, via the NPRM, published at 76 FR 27296, May 
11, 2011, proposed to amend part 90 of its rules to accommodate TETRA 
technology. This R&O amends part 90 of the Commission's rules that 
govern bandwidth limits and emission masks to permit the certification 
and use of Terrestrial Trunked Radio (TETRA) equipment in both the 450-
470 MHz portion of the UHF band, and in the Business/Industrial Land 
Transportation 800 MHz band channels (809-824/854-869) that are not in 
the National Public Safety Planning Advisory Committee (NPSPAC) portion 
of the band. These amendments will give private land mobile radio 
(PLMR) licensees additional equipment alternatives without increasing 
the potential for interference or other adverse effects on other 
licensees.

I. Procedural Matters

A. Final Regulatory Flexibility Analysis
    2. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), and Initial Regulatory Flexibility Analysis (IRFA) was 
included in the Notice of Proposed Rulemaking in WT Docket No. 11-69 
and ET Docket No. 09-234. The Commission sought written public comment 
on the proposals in these dockets, including comment on the IRFA. The 
Commission has prepared a Final Regulatory Flexibility Analysis 
(``FRFA'') of the possible significant economic impact on small 
entities by the policies and rules addressed in this document. This 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
B. Final Paperwork Reduction Act Analysis
    3. The R&O does not contain proposed new or modified information 
collection requirements.
C. Congressional Review Act
    4. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

II. Need for, and Objectives of, the Final Rules

    5. The rules adopted in this Report and Order are intended to amend 
the Part 90 rules for authorized bandwidth and emission masks in order 
to permit the implementation in the United States of land mobile radio 
equipment utilizing Terrestrial Trunked Radio (TETRA) technology. TETRA 
is a spectrally efficient digital technology that we believe can 
provide valuable benefits to land mobile radio users.

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

    6. No parties have raised significant issues in response to the 
IRFA.

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

    7. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules and policies, if adopted. See 5 U.S.C. 
603(b)(3). The RFA generally defines the term ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' See 5 U.S.C. 
601(6). In addition, pursuant to 5 U.S.C. 601(3) and 15 U.S.C. 632, 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.
    8. Nationwide, there are a total of 22.4 million small businesses, 
according to SBA data. A ``small organization'' is generally ``any not-
for-profit enterprise which is independently owned and operated and is 
not dominant in its field.'' See SBA, Programs and Services, SBA 
Pamphlet No. CO-0028, at p. 40 (July 2002). According to the -
Independent Section, The New Nonprofit Alamanac & Desk Reference 
(2002), Nationwide, there were approximately 1.6 million small 
organizations. The term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, towns, townships, villages, 
school districts, or special districts, with a population of less than 
fifty thousand.'' See U.S.C. 601(5). Census Bureau data for 2002 
indicate that there were 87,525 local governmental jurisdictions in the 
United States.\1\ We estimate that, of this total, 84,377 entities were 
``small governmental jurisdictions.'' \2\ Thus, we estimate that most 
governmental jurisdictions are small. Below, we further describe and 
estimate the number of small entities, applicants and licensees, that 
may be affected by our action.
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    \1\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2006, Section 8, page 272, Table 415.
    \2\ We assume that the villages, school districts, and special 
districts are small and total 48,558. See U.S. Census Bureau, 
Statistical Abstract of the United States: 2006, section 8, p. 273, 
Table 417. For 2002, Census Bureau data indicate that the total 
number of county, municipal, and township governments nationwide was 
38,967, of which 35,819 were small. Id.
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    9. Private Land Mobile Radio Licensees. PLMR systems serve an 
essential role in a range of industrial, business, land transportation, 
and public safety activities. These radios are used by companies of all 
sizes operating in all U.S. business categories, and are often used in 
support of the licensee's primary (non-telecommunications) business 
operations. For the purpose of determining whether a licensee of a PLMR 
system 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. See 13 CFR 121.201, NAICS 
code 517210. The Commission does not require PLMR licensees to disclose 
information about number of employees, so the Commission does not have 
information that could be used to determine how many PLMR licensees 
constitute small entities under this definition. We note that PLMR 
licensees generally use the licensed facilities in support of other 
business activities, and therefore, it would also be helpful to assess 
PLMR licensees under the standards applied to the particular industry 
subsector to which the licensee belongs. See 13 CFR 121.201.
    10. As of March 2010, there were 424,162 PLMR licensees operating 
921,909 transmitters in the PLMR bands below 512 MHz. We note that any 
entity engaged in a commercial activity is eligible to hold a PLMR 
license, and that

[[Page 61537]]

any revised rules in this context could therefore potentially impact 
small entities covering a great variety of industries.
    11. RF Equipment Manufacturers. 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.'' See U.S. Census Bureau, 202 NAICS 
Definitions, ``334220 Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing''; http://www.census.gov/epcd/naics02/def/NDEF334.HTM#N3342. The SBA small business size standard for 
Radio and Television Broadcasting and Wireless Communications Equipment 
Manufacturing is all such firms having 750 or fewer employees. See 13 
CFR 121.201, NAICS code 334220. According to Census Bureau data for 
2007, there were a total of 919 establishments 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. See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en. Thus, under 
this size standard, the majority of firms can be considered small.

V. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    12. There are no projected reporting, recordkeeping or other 
compliance requirements.

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

    13. 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: (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. See 603(c)(1)-(4).
    14. None of the decisions in this Report and Order impose any 
adverse burden of significant economic impact on small entities. 
Accordingly, there is no need to consider significant alternatives.

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

    15. None.
    16. Pursuant to sections 1, 4(i), 303(f), 303(g), and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303(f), 
303(g), and 303(r), this Report and Order is adopted.
    17. Part 90 of the Commission's rules is amended as set forth 
below, and will become effective November 9, 2012.
    18. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this Report and 
Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows:

PART 90--Private Land Mobile Radio Services

0
1. 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), 332(c)(7).


0
2. Section 90.209 is amended by adding footnote 6 to the table in 
paragraph (b)(5) to read as follows:


Sec.  90.209  Bandwidth limitations.

* * * * *
    (b) * * *
    (5) * * *

                                       Standard Channel Spacing/Bandwidth
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                                                                                           Authorized bandwidth
                     Frequency band  (MHz)                       Channel spacing  (kHz)           (kHz)
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                                                  * * * * * * *
406-512 \2\...................................................                 \1\ 6.25         1 3 6 20/11.25/6
 
                                                  * * * * * * *
809-824/854-869...............................................                       25                   \6\ 20
 
                                                  * * * * * * *
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\1\ For stations authorized on or after August 18, 1995.
\2\ Bandwidths for radiolocation stations in the 420-450 MHz band and for stations operating in bands subject to
  this footnote will be reviewed and authorized on a case-by-case basis.
\3\ Operations using equipment designed to operate with a 25 kHz channel bandwidth will be authorized a 20 kHz
  bandwidth. Operations using equipment designed to operate with a 12.5 kHz channel bandwidth will be authorized
  a 11.25 kHz bandwidth. Operations using equipment designed to operate with a 6.25 kHz channel bandwidth will
  be authorized a 6 kHz bandwidth. All stations must operate on channels with a bandwidth of 12.5 kHz or less
  beginning January 1, 2013, unless the operations meet the efficiency standard of Sec.   90.203(j)(3).
 * * * * * * *
\6\ Operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22
  kHz bandwidth if the equipment meets the Adjacent Channel Power limits of Sec.   90.221.


[[Page 61538]]

* * * * *

0
3. Section 90.210 is amended by adding footnote 5 to the table to read 
as follows:


Sec.  90.210  Emission masks.

* * * * *

                                            Applicable Emission Masks
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                                   Mask for equipment with audio low pass   Mask for equipment without audio low
       Frequency band (MHz)                        filter                               pass filter
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                                                  * * * * * * *
421-512 2 5......................  B, D, or E............................  C, D, or E.
 
                                                  * * * * * * *
809-824/854-869 3 5..............  B.....................................  G.
 
                                                  * * * * * * *
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 * * * * * * *
\2\ Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B
  or C, as applicable. Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the
  requirements of Emission Mask D, and equipment designed to operate with a 6.25 kHz channel bandwidth must meet
  the requirements of Emission Mask E.
 * * * * * * *
\3\ Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of
  Sec.   90.691.
\5\ Equipment may alternatively meet the Adjacent Channel Power limits of Sec.   90.221.

* * * * *

0
4. Add Sec.  90.221 to subpart I to read as follows:


Sec.  90.221  Adjacent channel power limits.

    (a) For the frequency bands indicated below, operations using 
equipment designed to operate with a 25 kHz channel bandwidth may be 
authorized up to a 22 kHz bandwidth if the equipment meets the adjacent 
channel power (ACP) limits below. The table specifies a value for the 
ACP as a function of the displacement from the channel center frequency 
and a measurement bandwidth of 18 kHz.
    (b)(1) Maximum adjacent power levels for frequencies in the 450-470 
MHz band:

------------------------------------------------------------------------
                                                Maximum ACP  Maximum ACP
                                                 (dBc) for    (dBc) for
               Frequency offset                  devices 1     devices
                                                  watt and     above 1
                                                    less         watt
------------------------------------------------------------------------
25 kHz........................................      -55 dBc      -60 dBc
50 kHz........................................      -70 dBc      -70 dBc
75 kHz........................................      -70 dBc      -70 dBc
------------------------------------------------------------------------

    (2) In any case, no requirement in excess of -36 dBm shall apply.
    (c)(1) Maximum adjacent power levels for frequencies in the 809-
824/854-869 MHz band:

------------------------------------------------------------------------
                                                Maximum ACP  Maximum ACP
                                                 (dBc) for    (dBc) for
               Frequency offset                   devices     devices 15
                                                 less than    watts and
                                                  15 watts      above
------------------------------------------------------------------------
25 kHz........................................      -55 dBc      -55 dBc
50 kHz........................................      -65 dBc      -65 dBc
75 kHz........................................      -65 dBc      -70 dBc
------------------------------------------------------------------------

    (2) In any case, no requirement in excess of -36 dBm shall apply.
    (d) On any frequency removed from the assigned frequency by more 
than 75 kHz, the attenuation of any emission must be at least 43 + 10 
log (Pwatts) dB.

[FR Doc. 2012-24792 Filed 10-9-12; 8:45 am]
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