[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21555-21565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07396]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 20, 22, 24, 27, and 90

[WT Docket No. 10-4; FCC 13-21]


Signal Booster Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) amends its rules concerning signal boosters for consumer 
and industrial use in effort to enhance wireless coverage for 
consumers, particularly in rural, underserved, and difficult-to-serve 
areas by broadening the availability of signal boosters while ensuring 
that boosters do not adversely affect wireless networks.

DATES: Effective May 13, 2013, except for amendments to Sec. Sec.  
1.1307(b)(1), 20.3, 20.21(a)(2), 20.21(a)(5), 20.21(e)(2), 
20.21(e)(8)(i)(G), 20.21(e)(9)(i)(H), 20.21(f), 20.21(h), 22.9, 24.9, 
27.9, 90.203(q), 90.219(b)(1)(i), 90.219(d)(5), and 90.219(e)(5), which 
contain information collection requirements that are not effective 
until approved by the Office of Management and Budget (``OMB''). The 
FCC will publish a document in the Federal Register announcing the 
effective date for those sections.

FOR FURTHER INFORMATION CONTACT: Joyce Jones, Mobility Division, 
Wireless Telecommunications Bureau, (202) 418-1327, TTY (202) 418-7233.

[[Page 21556]]


SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Report and Order (R&O), in WT Docket No. 
10-4, FCC 13-21, adopted February 20, 2013, and released February 20, 
2013. 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., Room CY-A257, Washington, DC 20554, or by downloading 
the text from the Commission's Web site at http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0220/FCC-13-21A1.pdf. 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 FCC504@fcc.gov 
or calling the Consumer and Government Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).
    1. In the R&O, the Commission adopts new technical, operational, 
and registration requirements for signal boosters. The new rules create 
two classes of signal boosters--Consumer and Industrial--with distinct 
regulatory requirements outlined below.
    2. Consumer Signal Boosters are designed to be used ``out of the 
box'' by individuals to improve their wireless coverage within a 
limited area such as a home, car, boat, or recreational vehicle. 
Consumer Signal Boosters will be authorized under provider licenses 
subject to certain requirements. Specifically, subscribers must obtain 
some form of licensee consent to operate the booster; register the 
booster with their provider; use a booster that meets the Network 
Protection Standard and is FCC certificated; and operate the booster on 
a secondary, non-interference basis and shut it down if it causes 
harmful interference. Consumers may continue to use existing signal 
boosters provided they (1) have the consent of their provider, and (2) 
register the booster with that provider. The Commission will conduct 
consumer outreach to educate consumers, public safety entities, small 
businesses, and others about our new regulatory framework
    3. Industrial Signal Boosters include a wide variety of devices 
that are designed for installation by licensees or qualified 
installers. These devices are typically designed to serve multiple 
users simultaneously and cover larger areas such as stadiums, airports, 
office buildings, hospitals, tunnels, and educational campuses. 
Industrial Signal Boosters require an FCC license or express licensee 
consent to operate, and must be appropriately labeled. The R&O also 
revises technical and operational requirements for duly licensed part 
90 Private Land Mobile Radio (PLMR), non-consumer signal boosters.
    4. We establish a two-step transition process for equipment 
certification for both Consumer and Industrial Signal Boosters sold and 
marketed in the United States. First, on the release date of this R&O, 
we will no longer accept applications for equipment certification of 
Consumer or Industrial Signal Boosters that do not comply with our new 
rules and will cease certification of devices that do not comply with 
our new rules. Second, on or after March 1, 2014, all Consumer and 
Industrial Signal Boosters sold and marketed in the United States must 
meet our new requirements.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    5. This document contains modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. It has been 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, the Commission notes that pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), it previously sought specific comment on how it 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    6. In the present document, the Commission assessed the effects of 
the policies adopted in this R&O 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 rules 
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 describe below impacts that might affect 
small businesses, which includes most businesses with fewer than 25 
employees.

B. Report to Congress

    7. The Commission will send a copy of this R&O in a report to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    8. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rule Making (NPRM) in WT Docket 
10-4, at 76 FR 26983, May 10, 2011. The Commission sought written 
public comment on the proposals in the NPRM, including comment on the 
IRFA. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.
    Need for, and Objectives of, the Report and Order:
    9. In the R&O the Commission adopts rules and policies that will 
enhance wireless coverage for consumers, particularly in rural and 
underserved areas, by broadening the availability of signal boosters 
while ensuring that boosters do not adversely affect wireless networks. 
Mobile voice and mobile broadband services are increasingly important 
to consumers and to our nation's economy. While nearly the entire U.S. 
population is served by one or more wireless providers, coverage gaps 
that exist within and at the edge of service areas can lead to dropped 
calls, reduced data speeds, or complete loss of service. Robust signal 
boosters can bridge these gaps and extend coverage at the fringe of 
service areas. Signal boosters are particularly useful in rural and 
difficult-to-serve indoor environments, such as hospitals. Signal 
boosters can also improve public safety communications by enabling the 
public to connect to 911 in areas where wireless coverage is deficient 
or where an adequate communications signal is blocked or shielded. In 
short, because signal boosters represent a cost-effective means of 
improving our nation's wireless infrastructure, the rules the 
Commission adopts today should lead to more robust service for many 
Americans at home, at work, and on the road.
    Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA:
    10. There were no comments that specifically addressed the IRFA. 
Nonetheless, we have considered the potential impact of the rules 
adopted herein on small entities, and conclude that such impact would 
be minimal, in terms of measurable economic costs associated with 
compliance with the rules.
    Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply:

[[Page 21557]]

    11. 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. 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 Small Business 
Administration (SBA).
    12. 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. See 
SBA, Office of Advocacy, ``Frequently Asked Questions,'' available at 
http://web.sba.gov/faqs/faqindex.cfm?areaid=24 (last visited Dec. 11, 
2012). Additionally, a ``small organization'' is generally ``any not-
for-profit enterprise which is independently owned and operated and is 
not dominant in its field.'' See 5 U.S.C. 601(4). Nationwide, as of 
2007, there were approximately 1,621,315 small organizations. See the 
Independent Sector, The New Nonprofit Almanac & Desk Reference (2010). 
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.'' See 5 U.S.C. 601(5). Census Bureau data for 
2007 indicate that there were 89,527 governmental jurisdictions in the 
United States. See U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE 
UNITED STATES: 2011, Table 427 (2007). We estimate that, of this total, 
as many as 88,761 entities may qualify as ``small governmental 
jurisdictions.'' \1\ Thus, we estimate that most governmental 
jurisdictions are small.
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    \1\ The 2007 U.S Census data for small governmental 
organizations are not presented based on the size of the population 
in each such organization. There were 89,476 local governmental 
organizations in 2007. If we assume that county, municipal, 
township, and school district organizations are more likely than 
larger governmental organizations to have populations of 50,000 or 
less, the total of these organizations is 52,095. If we make the 
same population assumption about special districts, specifically 
that they are likely to have a population of 50,000 or less, and 
also assume that special districts are different from county, 
municipal, township, and school districts, in 2007 there were 37,381 
such special districts. Therefore, there are a total of 89,476 local 
government organizations. As a basis of estimating how many of these 
89,476 local government organizations were small, in 2011, we note 
that there were a total of 715 cities and towns (incorporated places 
and minor civil divisions) with populations over 50,000. CITY AND 
TOWNS TOTALS: VINTAGE 2011--U.S. Census Bureau, available at http://www.census.gov/popest/data/cities/totals/2011/index.html. If we 
subtract the 715 cities and towns that meet or exceed the 50,000 
population threshold, we conclude that approximately 88,761 are 
small. U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED STATES 
2011, Tables 427, 426 (Data cited therein are from 2007).
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    13. Wireless Telecommunications Carriers (except satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular phone services, 
paging services, wireless Internet access, and wireless video services. 
See http://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=517210&search=2007%20NAICS%20Search. The appropriate size 
standard under SBA rules is for the category Wired Telecommunications 
Carriers. Under that size standard, such a business is small if it has 
1,500 or fewer employees. See 13 CFR 121.201, NAICS code 517110. Census 
Bureau data for 2007, which now supersede data from the 2002 Census, 
show that there were 3,188 firms in this category that operated for the 
entire year. Of this total, 3,144 had employment of 999 or fewer, and 
44 firms had employment of 1,000 employees or more. Thus under this 
category and the associated small business size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities that may be affected by 
our actions. See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
    14. 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.'' See U.S. Census Bureau, 2007 NAICS 
Definitions, ``334220 Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing''; http://www.census.gov/naics/2007/def/ND334220.HTM#N334220. The SBA has developed a small business 
size standard for firms in this category, which is: all such firms 
having 750 or fewer employees. See 13 CFR 121.201, NAICS code 334220. 
According to Census Bureau data for 2010, there were a total of 810 
establishments in this category that operated for the entire year.\2\ 
Of this total, 787 had employment of fewer than 500, and an additional 
23 had employment of 500 to 999.\3\ Thus, under this size standard, the 
majority of firms can be considered small.
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    \2\ U.S. Census Bureau, American FactFinder, 2010 Economic 
Census, Industry Series, Industry Statistics by Employment Size, 
NAICS code 334220 (released June 26, 2012); http://factfinder.census.gov. The number of ``establishments'' is a less 
helpful indicator of small business prevalence in this context than 
would be the number of ``firms'' or ``companies,'' because the 
latter take into account the concept of common ownership or control. 
Any single physical location for an entity is an establishment, even 
though that location may be owned by a different establishment. 
Thus, the numbers given may reflect inflated numbers of businesses 
in this category, including the numbers of small businesses.
    \3\ Id. Eighteen establishments had employment of 1,000 or more.
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    Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities:
    15. Wireless providers must create and maintain a registration 
mechanism to allow Consumer Signal Booster operators to register their 
devices. In addition, on March 1, 2015 and March 1, 2016, the 
nationwide wireless providers must make public certain information 
regarding their consent for their subscribers to use Consumer Signal 
Boosters. Specifically, these wireless providers must publicly indicate 
their status regarding consent for each Consumer Signal Booster which 
has received FCC certification.
    16. Consumer Signal Boosters must meet the Network Protection 
Standard with the following requirements: (1) Comply with existing 
technical parameters (e.g., power and unwanted emissions) for the 
applicable spectrum band; (2) automatically self-monitor certain 
operations and shut down if not in compliance with our new technical 
rules; (3) automatically detect and mitigate oscillations in the uplink 
and downlink bands; (4) power down or shut down automatically when a 
device is not needed, such as when the device approaches the base 
station with which it is communicating; (5) be designed so that these 
features cannot be easily

[[Page 21558]]

defeated; and (6) incorporate interference avoidance for wireless 
subsystems. In addition, Consumer Signal Boosters must comply with 
current RF exposure requirements. Consumers may continue to use 
existing signal boosters provided they (1) have the consent of their 
serving provider; and (2) register the booster with that provider.
    17. The new rules also clarify that Industrial Signal Boosters 
require an FCC license or licensee consent to operate, must be 
appropriately labeled, and must comply with our current RF exposure 
requirements. Regarding part 90 Private Land Mobile Radio (PLMR), non-
consumer signal boosters operated by licensees, the Commission revised 
its technical and operational requirements aimed at preventing 
interference. In addition, Part 90 Class B signal booster operators 
much register their devices with the Commission.
    18. The Commission established a two-step transition process for 
equipment certification: (1) On the release date of this R&O, the 
Commission will no longer accept applications for equipment 
certification of Consumer or Industrial Signal Boosters that do not 
comply with our new rules and will cease certification of devices that 
do not comply with our new rules; and (2) as of March 1, 2014, all 
Consumer and Industrial Signal Boosters sold and marketed in the United 
States must meet the new requirements.
    Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered:
    19. The RFA requires an agency to describe the steps it has taken 
to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected.
    20. With the exception of the Consumer Signal Booster consent 
reporting requirement, the projected reporting, recordkeeping, and 
other compliance requirements resulting from the R&O will apply to all 
entities in the same manner. The Commission believes that applying the 
same rules equally to all entities in this context promotes fairness. 
The Commission does not believe that the costs and/or administrative 
burdens associated with the rules will unduly burden small entities. 
The revisions the Commission adopts should benefit small entities by 
giving them more information for resolving instances of interference 
should it occur. Thus, for example, a small business experiencing 
interference in part 90 frequencies, which it suspects may be the 
result of a signal booster, may access the Commission's part 90 Class B 
signal booster registration tool and research any nearby Class B 
operators in an effort to stop the interference.
    21. Regarding the reporting of wireless providers' consent to 
Consumer Signal Booster, this requirement only applies to nationwide 
wireless providers. The Commission concluded that it was appropriate to 
monitor provider behavior with respect to signal boosters. 
Specifically, in the event the Commission observes that providers are 
refusing to give timely and reasonable consideration to signal booster 
consent requests, it could take appropriate action including measures 
such as vigorous investigation or revisiting the authorization 
mechanism for Consumer Signal Boosters. The Commission determined, 
however, that it would be able to obtain sufficient information in this 
regard while limiting the requirement to nationwide wireless providers. 
Thus, the Commission was able to minimize the impact of this 
requirement on small entities.

F. Report to Congress

    22. The Commission will send a copy of the R&O in WT Docket No. 10-
4, including the Final Regulatory Flexibility Analysis, in a report to 
be sent to Congress and the Congressional Budget Office pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the R&O in WT Docket No. 10-4, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the SBA. A 
copy of the R&O in WT Docket No. 10-4 and the Final Regulatory 
Flexibility Analysis (or summaries thereof) will also be published in 
the Federal Register.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Communications common 
carriers, Telecommunications.

47 CFR Part 2

    Frequency allocations and radio treaty matters.

47 CFR Part 20

    Commercial mobile radio service.

47 CFR Part 22

    Public mobile services.

47 CFR Part 24

    Personal communications services.

47 CFR Part 27

    Miscellaneous wireless communications services.

47 CFR Part 90

    Private land mobile radio services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 20, 22, 24, 27, and 
90 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), and 309, the Middle Class Tax Relief and 
Job Creation Act of 2012, Pub. L. 112-96, and 47 U.S.C. 1473.

0
2. Section 1.1307 is amended by adding a new entry to Table 1 below the 
existing row for Experimental Radio Services and above the existing row 
for Paging and Radiotelephone Service, and by revising the first 
sentence in (b)(2) to read as follows:


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

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

[[Page 21559]]



   Table 1--Transmitters, Facilities and Operations Subject to Routine
                        Environmental Evaluation
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  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).
                               The Commercial Mobile Radio Services
                                provisions in part 20 shall apply only
                                if a label is affixed to the
                                transmitting antenna 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.
 
                              * * * * * * *
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    (2) Mobile and portable transmitting devices that operate in the 
Commercial Mobile Radio Services pursuant to part 20 of this chapter; 
the Cellular Radiotelephone Service pursuant to part 22 of this 
chapter; the Personal Communications Services pursuant to part 24 of 
this chapter; the Satellite Communications Services pursuant to part 25 
of this chapter; the Miscellaneous Wireless Communications Services 
pursuant to part 27 of this chapter; the Maritime Services (ship earth 
station devices only) pursuant to part 80 of this chapter; and the 
Specialized Mobile Radio Service, and the 3650 MHz Wireless Broadband 
Service pursuant to part 90 of this chapter are subject to routine 
environmental evaluation for RF exposure prior to equipment 
authorization or use, as specified in Sec. Sec.  2.1091 and 2.1093 of 
this chapter. * * *
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
4. Section 2.1091 is amended by revising the first sentence in 
paragraph (c) to read as follows:


Sec.  2.1091  Radiofrequency radiation exposure evaluation: mobile 
devices.

* * * * *
    (c) Mobile devices that operate in the Cellular Radiotelephone 
Service pursuant to part 22 of this chapter; the Personal 
Communications Services pursuant to part 24 of this chapter; the 
Satellite Communications Services pursuant to part 25 of this chapter; 
the Miscellaneous Wireless Communications Services pursuant to part 27 
of this chapter; the Maritime Services (ship earth station devices 
only) pursuant to part 80 of this chapter; and the Specialized Mobile 
Radio Service, and the 3650 MHz Wireless Broadband Service pursuant to 
part 90 of this chapter are subject to routine environmental evaluation 
for RF exposure prior to equipment authorization or use if they operate 
at frequencies of 1.5 GHz or below and their effective radiated power 
(ERP) is 1.5 watts or more, or if they operate at frequencies above 1.5 
GHz and their ERP is 3 watts or more. * * *
* * * * *

0
5. Section 2.1093 is amended by revising the first sentence in 
paragraph (c) to read as follows:


Sec.  2.1093  Radiofrequency radiation exposure evaluation: portable 
devices.

* * * * *
    (c) Portable devices that operate in the Cellular Radiotelephone 
Service pursuant to part 22 of this chapter; the Personal 
Communications Services pursuant to part 24 of this chapter; the 
Satellite Communications Services pursuant to part 25 of this chapter; 
the Miscellaneous Wireless Communications Services pursuant to part 27 
of this chapter; the Maritime Services (ship earth station devices 
only) pursuant to part 80 of this chapter; and the Specialized Mobile 
Radio Service, the 4.9 GHz Band Service, and the 3650 MHz Wireless 
Broadband Service pursuant to part 90 of this chapter; the Wireless 
Medical Telemetry Service (WMTS) and the Medical Device 
Radiocommunication Service (MedRadio), pursuant to subparts H and I of 
part 95 of this chapter, respectively; and unlicensed personal 
communication service, unlicensed NII devices and millimeter wave 
devices authorized under 15.253(f), 15.255(g), 15.257(g), 15.319(i), 
and 15.407(f) of this chapter are subject to routine environmental 
evaluation for RF exposure prior to equipment authorization or use. * * 
*
* * * * *

PART 20--COMMERCIAL MOBILE RADIO SERVICES

0
6. The authority citation for part 20 is revised to read as follows:

    Authority:  47 U.S.C. 154, 160, 201, 251-254, 301-303 and 332 
unless otherwise noted.


0
7. Add Sec.  20.2 to read as follows:


Sec.  20.2  Other applicable rule parts.

    Other FCC rule parts applicable to licensees in the commercial 
mobile radio services include the following:
    (a) Part 1. This part includes rules of practice and procedure for 
license applications, adjudicatory proceedings, procedures for 
reconsideration and review of the Commission's actions; provisions 
concerning violation notices and forfeiture proceedings; competitive 
bidding procedures; and the environmental requirements that, together 
with the procedures specified in Sec.  17.4(c) of this chapter, if 
applicable, must be complied with prior to the initiation of 
construction. Subpart F includes the rules for the Wireless 
Telecommunications Services and the procedures for filing 
electronically via the ULS.
    (b) Part 2. This part contains the Table of Frequency Allocations 
and special requirements in international regulations, recommendations, 
agreements, and treaties. This part also contains standards and 
procedures concerning the marketing and importation of radio frequency 
devices, and for obtaining equipment authorization.

0
8. Section 20.3 is amended by adding definitions ``Consumer Signal 
Booster'', ``Fixed Consumer Signal Booster'', ``Industrial Signal 
Booster'', ``Mobile

[[Page 21560]]

Consumer Signal Booster'', ``Non-individual'', ``Provider-Specific 
Consumer Signal Boosters'', ``Signal booster'', ``Signal booster 
operator'', and ``Wideband Consumer Signal Boosters'' in alphabetical 
order to read as follows:


Sec.  20.3  Definitions.

* * * * *
    Consumer Signal Booster: A bi-directional signal booster that is 
marketed and sold to the general public for use without modification.
* * * * *
    Fixed Consumer Signal Booster. A Consumer Signal Booster designed 
to be operated in a fixed location in a building.
* * * * *
    Industrial Signal Booster: All signal boosters other than Consumer 
Signal Boosters.
* * * * *
    Mobile Consumer Signal Booster. A Consumer Signal Booster designed 
to operate in a moving vehicle where both uplink and downlink 
transmitting antennas are at least 20 cm from the user or any other 
person.
* * * * *
    Non-individual. A non-individual is a partnership and each partner 
is eighteen years of age or older; a corporation; an association; a 
state, territorial, or local government unit; or a legal entity.
* * * * *
    Provider-Specific Consumer Signal Boosters. Provider-Specific 
Consumer Signal Boosters may only operate on the frequencies and in the 
market areas of the specified licensee(s). Provider-Specific Consumer 
Signal Boosters may only be certificated and operated with the consent 
of the licensee(s) whose frequencies are being amplified by the device.
* * * * *
    Signal booster. A device that automatically receives, amplifies, 
and retransmits on a bi- or unidirectional basis, the signals received 
from base, fixed, mobile, or portable stations, with no change in 
frequency or authorized bandwidth.
* * * * *
    Signal booster operator. The signal booster operator is the person 
or persons with control over the functioning of the signal booster, or 
the person or persons with the ability to deactivate it in the event of 
technical malfunctioning or harmful interference to a primary radio 
service.
* * * * *
    Wideband Consumer Signal Boosters. Wideband Consumer Signal 
Boosters may operate on the frequencies and in the market areas of 
multiple licensees.

0
9. Add Sec.  20.21 to read as follows:


Sec.  20.21  Signal boosters.

    (a) Operation of Consumer Signal Boosters. A subscriber in good 
standing of a commercial mobile radio service system may operate a 
Consumer Signal Booster for personal use under the authorization held 
by the licensee providing service to the subscriber provided that the 
subscriber complies with paragraphs (a)(1) through (6). Failure to 
comply with all applicable rules in this section and all applicable 
technical rules for the frequency band(s) of operation voids the 
authority to operate the Consumer Signal Booster.
    (1) Prior to operation, the subscriber obtains the consent of the 
licensee providing service to the subscriber;
    (2) Prior to operation, the subscriber registers the Consumer 
Signal Booster with the licensee providing service to the subscriber;
    (3) The subscriber only operates the Consumer Signal Booster with 
approved antennas, cables, and/or coupling devices as specified by the 
manufacturer of the Consumer Signal Booster;
    (4) The subscriber operates the Consumer Signal Booster on 
frequencies used for the provision of subscriber-based services under 
parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E 
Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) 
of this chapter. Operation on part 90 (Specialized Mobile Radio) 
frequencies is permitted upon the Commission's release of a public 
notice announcing the date Consumer Signal Boosters may be used in the 
band;
    (5) The Consumer Signal Booster complies with paragraphs (e), (f), 
(g), and (h) of this section and Sec.  2.907 of this chapter; and
    (6) The subscriber may not deactivate any features of the Consumer 
Signal Booster which are designed to prevent harmful interference to 
wireless networks. These features must be enabled and operating at all 
times the signal booster is in use.
    (b) De minimis operation of Consumer Signal Boosters. A third 
party's incidental use of a subscriber's Consumer Signal Booster 
operated under this paragraph is de minimis and shall be authorized 
under the authorization held by the licensee providing service to the 
third party.
    (c) Operation of Industrial Signal Boosters. An individual or non-
individual, other than a representative of a foreign government, may 
operate an Industrial Signal Booster provided that the individual or 
non-individual:
    (1) Has an FCC license or obtains the express consent of the 
licensee(s) whose frequencies are being retransmitted by the device on 
a regular basis, and
    (2) Uses an Industrial Signal Booster which complies with paragraph 
(f) of this section.
    (d) Operation on a secondary, non-interference basis. Operation of 
signal boosters under this section is on a secondary, non-interference 
basis to primary services licensed for the frequency bands on which 
they transmit, and to primary services licensed for the adjacent 
frequency bands that might be affected by their transmissions.
    (1) The operation of signal boosters must not cause harmful 
interference to the communications of any primary licensed service.
    (2) Upon request of an FCC representative or a licensee 
experiencing harmful interference, a signal booster operator must:
    (i) Cooperate in determining the source of the interference, and
    (ii) If necessary, deactivate the signal booster immediately, or as 
soon as practicable, if immediate deactivation is not possible.
    (e) Consumer Signal Booster Network Protection Standard. (1) All 
Consumer Signal Boosters must incorporate features to prevent harmful 
interference to wireless networks including but not limited to those 
enumerated in this section.
    (2) Certification requirements. (i) A Consumer Signal Booster can 
only be certificated and operated if it complies with all applicable 
rules in this subpart and all applicable technical rules for the 
frequency band(s) of operation including, but not limited to: Sec.  
22.355 of this chapter, Public Mobile Services, frequency tolerance; 
Sec.  22.913 of this chapter, Cellular Radiotelephone Service effective 
radiated power limits; Sec.  22.917 of this chapter, Cellular 
Radiotelephone Service, emission limitations for cellular equipment; 
Sec.  24.232 of this chapter, Broadband Personal Communications 
Service, power and antenna height limits; Sec.  24.238 of this chapter, 
Broadband Personal Communications Service, emission limitations for 
Broadband PCS equipment; Sec.  27.50 of this chapter, Miscellaneous 
Wireless Communications Services, power and antenna height limits; 
Sec.  27.53 of this chapter, Miscellaneous Wireless Communications 
Services, emission limits; Sec.  90.205 of this chapter, Private Land 
Mobile Radio Services, power and antenna height limits; Sec.  90.210 of 
this chapter, Private Land Mobile Radio Services, emission masks; and 
Sec.  90.247 of this chapter, Private Land Mobile Radio Services, 
mobile repeater stations.

[[Page 21561]]

    (ii) In case of any conflict between the rules set forth in this 
section and the rules set forth in parts 22, 24, 27, and 90 of title 
47, chapter I of the Code of Federal Regulations, the rules in this 
section shall govern.
    (iii) The application for certification must satisfy the Commission 
that the Consumer Signal Boosters' features designed to prevent harmful 
interference and protect wireless networks cannot be easily defeated 
and must be enabled at all times.
    (3) Frequency Bands. Consumer Signal Boosters must be designed and 
manufactured such that they only operate on the frequencies used for 
the provision of subscriber-based services under parts 22 (Cellular), 
24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz 
Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. The 
Commission will not certificate any Consumer Signal Boosters for 
operation on part 90 of this chapter (Specialized Mobile Radio) 
frequencies until the Commission releases a public notice announcing 
the date Consumer Signal Boosters may be used in the band.
    (4) Self-monitoring. Consumer Signal Boosters must automatically 
self-monitor their operation to ensure compliance with applicable noise 
and gain limits and either self-correct or shut down automatically if 
their operation exceeds those parameters.
    (5) Anti-oscillation. Consumer Signal Boosters must be able to 
detect and mitigate any unintended oscillations in uplink and downlink 
bands (such as may result from insufficient isolation between the 
antennas).
    (6) Power Down. Consumer Signal Boosters must automatically power 
down or cease amplification as they approach any affected base station.
    (7) Interference Avoidance for Wireless Subsystems. Consumer Signal 
Boosters using unlicensed (part 15 of this chapter) or other frequency 
bands for wireless transmissions between donor and server subsystems 
for their internal operations must employ interference avoidance 
methods to prevent interference transmitted into authorized CMRS 
spectrum bands.
    (8) Wideband Consumer Signal Boosters. A Wideband Consumer Signal 
Booster will meet the Consumer Signal Booster Network Protection 
Standard if it complies with paragraphs (e)(1) through (e)(7) of this 
section and the following:
    (i) Technical Requirements--(A) Noise Limits. (1) The transmitted 
noise power in dBm/MHz of consumer boosters at their uplink and 
downlink ports shall not exceed -103 dBm/MHz--RSSI.
    Where RSSI (received signal strength indication) is the downlink 
composite received signal power in dBm at the booster donor port for 
all base stations in the band of operation. RSSI is expressed in 
negative dB units relative to 1 mW.
    (2) The transmitted maximum noise power in dBm/MHz of consumer 
boosters at their uplink and downlink ports shall not exceed the 
following limits:
    (i) Fixed booster maximum noise power shall not exceed -102.5 dBm/
MHz + 20 Log10 (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.
    (B) Bidirectional Capability. Consumer Boosters must be able to 
provide equivalent uplink and downlink gain and conducted uplink power 
output that is at least 0.05 watts. One-way consumer boosters (i.e., 
uplink only, downlink only, uplink impaired, downlink impaired) are 
prohibited. Spectrum block filtering may be used provided the uplink 
filter attenuation is not less than the downlink filter attenuation, 
and where RSSI is measured after spectrum block filtering is applied 
referenced to the booster's input port for each band of operation.
    (C) Booster Gain Limits. (1) The uplink gain in dB of a consumer 
booster referenced to its input and output ports shall not exceed -34 
dB--RSSI + MSCL.
    (i) Where RSSI is the downlink composite received signal power in 
dBm at the booster donor port for all base stations in the band of 
operation. RSSI is expressed in negative dB units relative to 1 mW.
    (ii) Where MSCL (Mobile Station Coupling Loss) is the minimum 
coupling loss in dB between the wireless device and input port of the 
consumer booster. MSCL must be calculated or measured for each band of 
operation and provided in compliance test reports.
    (2) The uplink and downlink maximum gain of a Consumer Booster 
referenced to its input and output ports shall not exceed the following 
limits:
    (i) Fixed Booster maximum gain shall not exceed 6.5 dB + 20 
Log10 (Frequency)
    (ii) Where, Frequency is the uplink mid-band frequency of the 
supported spectrum bands in MHz.
    (iii) Mobile Booster maximum gain shall not exceed 50 dB when using 
an inside antenna (e.g., inside a vehicle), 23 dB when using direct 
contact coupling (e.g., cradle-type boosters), or 15 dB when directly 
connected (e.g., boosters with a physical connection to the phone).
    (D) Power Limits. A booster's uplink power must not exceed 1 watt 
composite conducted power and equivalent isotropic radiated power 
(EIRP) for each band of operation. Composite downlink power shall not 
exceed 0.05 watt (17 dBm) conducted and EIRP for each band of 
operation. Compliance with power limits will use instrumentation 
calibrated in terms of RMS equivalent voltage.
    (E) Out of Band Emission Limits. Booster out of band emissions 
(OOBE) shall be at least 6 dB below the FCC's mobile emission limits 
for the supported bands of operation. Compliance to OOBE limits will 
utilize high peak-to-average CMRS signal types.
    (F) Intermodulation Limits. The transmitted intermodulation 
products of a consumer booster at its uplink and downlink ports shall 
not exceed the power level of -19 dBm for the supported bands of 
operation. Compliance with intermodulation limits will use boosters 
operating at maximum gain and maximum rated output power, with two 
continuous wave (CW) input signals spaced 600 kHz apart and centered in 
the pass band of the booster, and with a 3 kHz measurement bandwidth.
    (G) 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.
    (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 uplink gain 
shall not exceed the lesser of 23 dB or MSCL.

[[Page 21562]]

    (I) Uplink Inactivity. When a consumer booster is not serving an 
active device connection after 5 minutes the uplink noise power shall 
not exceed -70 dBm/MHz.
    (ii) Interference Safeguards. Consumer boosters must include 
features to prevent harmful interference including, at a minimum, those 
enumerated in this subsection. These features may not be deactivated by 
the operator and must be enabled and operating at all times the signal 
booster is in use.
    (A) Anti-Oscillation. Consumer boosters must be able to detect and 
mitigate (i.e., by automatic gain reduction or shut down), any 
oscillations in uplink and downlink bands. Oscillation detection and 
mitigation must occur automatically within 0.3 seconds in the uplink 
band and within 1 second in the downlink band. In cases where 
oscillation is detected, the booster must continue mitigation for at 
least one minute before restarting. After five such restarts, the 
booster must not resume operation until manually reset.
    (B) Gain Control. Consumer boosters must have automatic limiting 
control to protect against excessive input signals that would cause 
output power and emissions in excess of that authorized by the 
Commission.
    (C) Interference Avoidance for Wireless Subsystems. Consumer 
boosters using unlicensed (part 15) or other frequency bands for 
wireless transmissions between donor and server subsystems for its 
internal operations must employ interference avoidance methods to 
prevent interference transmitted into authorized CMRS spectrum bands 
and must meet applicable limits for radiofrequency exposure.
    (9) Provider-Specific Consumer Signal Boosters. A Provider-Specific 
Consumer Signal Booster will meet the Consumer Signal Booster Network 
Protection Standard if it complies with paragraphs (e)(1) through 
(e)(7) of this section and the following:
    (i) Technical Requirements--(A) Noise Limits. The transmitted noise 
power in dBm/MHz of frequency selective consumer boosters outside the 
licensee's spectrum blocks at their uplink and downlink ports shall not 
exceed the following limits:
    (1) -103 dBm/MHz-RSSI
    (i) Where RSSI is the downlink composite signal power received in 
dBm for frequencies in the band of operation outside the licensee's 
spectrum block as measured after spectrum block filtering is applied 
and is referenced to the booster's donor port for each band of 
operation. RSSI is expressed in negative dB units relative to 1 mW.
    (ii) Boosters with MSCL less than 40 dB, shall reduce the Noise 
output in (A) by 40 dB-MSCL, where MSCL is the minimum coupling loss in 
dB between the wireless device and booster's server port. MSCL must be 
calculated or measured for each band of operation and provided in 
compliance test reports.
    (2)(i) Maximum downlink noise power shall not exceed -102.5 dBm/MHz 
+ 20 Log10 (Frequency), where Frequency is the uplink mid-
band frequency of the supported spectrum bands in MHz.
    (ii) 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.
    (B) Bidirectional Capability. Consumer Boosters must be able to 
provide equivalent uplink and downlink gain and conducted uplink power 
output that is at least 0.05 watts. One-way consumer boosters (i.e., 
uplink only, downlink only, uplink impaired, downlink impaired) are 
prohibited. Spectrum block filtering used must provide uplink filter 
attenuation not less than the downlink filter attenuation, and where 
RSSI is measured after spectrum block filtering is applied referenced 
to the booster's input port for each band of operation.
    (C) Booster Gain Limits. The gain of the frequency selective 
consumer booster shall meet the limits below.
    (1) The uplink and downlink gain in dB of a frequency selective 
consumer booster referenced to its input and output ports shall not 
exceed BSCL-28 dB-(40 dB-MSCL).
    (i) Where BSCL is the coupling loss between the booster's donor 
port and the base station's input port, and MSCL is the minimum 
coupling loss in dB between the wireless device and the booster's 
server port. MSCL must be calculated or measured for each band of 
operation and provided in compliance test reports.
    (ii) In order of preference, BSCL is determined as follows: 
determine path loss between the base station and the booster; such 
measurement shall be based on measuring the received forward pilot/
control channel power at the booster and reading the pilot/control 
channel transmit power from the base station as defined in the system 
information messages sent by the base station; estimate BSCL by 
assuming that the base station is transmitting at a level of +25 dBm 
per channel (assume a small, lightly loaded cell) and measuring the 
total received signal power level within the channel in dBm (RPCH) 
received at the booster input port. BSCL is then calculated as 25-RPCH; 
or assume that the BSCL is 70 dB without performing any measurement.
    (2) The uplink and downlink maximum gain of a frequency selective 
consumer booster referenced to its input and output ports shall not 
exceed 19.5 dB + 20 Log (Frequency), or 100 dB for systems having 
automatic gain adjustment based on isolation measurements between 
booster donor and server antennas.
    Where, Frequency is the uplink mid-band frequency of the supported 
spectrum bands in MHz.
    (D) Power Limits. A booster's uplink power must not exceed 1 watt 
composite conducted power and equivalent isotropic radiated power 
(EIRP) for each band of operation. Downlink power shall not exceed 0.05 
watt (17 dBm) composite and 10 dBm per channel conducted and EIRP for 
each band of operation. Compliance with power limits will use 
instrumentation calibrated in terms of RMS equivalent voltage.
    (E) Out of Band Gain Limits. (1) A frequency selective booster 
shall have the following minimum attenuation referenced to the gain in 
the center of the pass band of the booster:
    (i) -20 dB at the band edge, where band edge is the end of the 
licensee's allocated spectrum,
    (ii) -30 dB at 1 MHz offset from band edge,
    (iii) -40 dB at 5 MHz offset from band edge.
    (2) A frequency selective booster having maximum gain greater than 
80 dB (referenced to the center of the pass band) shall limit the out 
of band gain to 60 dB at 0.2 MHz offset from the band edge, and 45 dB 
at 1 MHz offset from the band edge, where band edge is the end of the 
licensee's allocated spectrum.
    (F) Out of Band Emission Limits. Booster out of band emissions 
(OOBE) shall meet the FCC's mobile emission limits for the supported 
bands of operation. Compliance to OOBE limits will utilize high peak-
to-average CMRS signal types.
    (G) Intermodulation Limits. The transmitted intermodulation 
products of a consumer booster at its uplink and downlink ports shall 
not exceed the power level of -19 dBm for the supported bands of 
operation. Compliance with intermodulation limits will use boosters 
operating at maximum gain and maximum rated output power, with two 
continuous wave (CW) input signals spaced 600 kHz apart and centered in 
the pass band of the booster,

[[Page 21563]]

and with a 3 kHz measurement bandwidth.
    (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. Mobile 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.
    (I) 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 uplink gain 
shall not exceed the lesser of 23 dB or MSCL.
    (J) Uplink Inactivity. When a consumer booster is not serving an 
active device connection after 5 seconds the uplink noise power shall 
not exceed -70 dBm/MHz.
    (ii) Interference Safeguards. Consumer boosters must include 
features to prevent harmful interference including, at a minimum, those 
enumerated in this subsection. These features may not be deactivated by 
the operator and must be enabled and operating at all times the signal 
booster is in use.
    (A) Anti-Oscillation. Consumer boosters must be able to detect and 
mitigate (i.e., by automatic gain reduction or shut down), any 
oscillations in uplink and downlink bands. Oscillation detection and 
mitigation must occur automatically within 0.3 seconds in the uplink 
band and within 1 second in the downlink band. In cases where 
oscillation is detected, the booster must continue mitigation for at 
least one minute before restarting. After five such restarts, the 
booster must not resume operation until manually reset.
    (B) Gain Control. Consumer boosters must have automatic limiting 
control to protect against excessive input signals that would cause 
output power and emissions in excess of that authorized by the 
Commission.
    (C) Interference Avoidance for Wireless Subsystems. Consumer 
boosters using unlicensed (part 15) or other frequency bands for 
wireless transmissions between donor and server subsystems for its 
internal operations must employ interference avoidance methods to 
prevent interference transmitted into authorized CMRS spectrum bands.
    (10) Equivalent Protections. Consumer Signal Boosters which do not 
meet the technical specifications enumerated in paragraphs (e)(1) 
through (e)(9) of this section may also meet the Network Protection 
Standard if they provide equivalent protections as determined by the 
Wireless Telecommunications Bureau.
    (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:
    (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:
    (i) For Consumer Signal Boosters:
    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.
    (ii) 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.
    (2) A Consumer Signal Booster label may contain an acknowledgement 
that particular provider(s) have given their consent for all consumers 
to use the device. Such an acknowledgement would be inserted prior to, 
``Some wireless providers may not consent to the use of this device on 
their network. If you are unsure, contact your provider.'' The 
remaining language of the advisory shall remain the same.
    (g) Marketing and sale of signal boosters. Except as provided in 
Sec.  2.803 of this chapter, no person, manufacturer, distributor, or 
retailer may market, distribute or offer for sale or lease any Consumer 
Signal Booster that does not comply with the requirements of this 
section to any person in the United States or to any person intending 
to operate the Consumer Signal Booster within the United States at any 
time on or after March 1, 2014. Consumer Signal Boosters may only be 
sold to members of the general public for their personal use.
    (h) Registration. Each licensee consenting to the operation of a 
Consumer Signal Booster must establish a free registration mechanism 
for subscribers and register all Consumer Signal Boosters to which it 
consents. A licensee must establish a registration mechanism by the 
later of March 1, 2014 or within 90 days of consenting to the operation 
of a Consumer Signal Booster. At a minimum, a licensee must collect:
    (1) The name of the Consumer Signal Booster owner and/or operator, 
if different individuals;
    (2) The make, model, and serial number of the device;
    (3) The location of the device; and
    (4) The date of initial operation. Licensee consent is voluntary 
and may be withdrawn at the licensee's discretion.

PART 22--PUBLIC MOBILE SERVICES

0
10. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309, and 332.

0
11. Add Sec.  22.9 to read as follows:


Sec.  22.9  Operation of certificated signal boosters.

    Individuals and non-individuals may operate certificated Consumer 
Signal Boosters on frequencies regulated under this part provided that 
such operation complies with all applicable rules under this part and 
Sec.  20.21 of this chapter. Failure to comply with all applicable 
rules voids the authority to operate a signal booster.

PART 24--PERSONAL COMMUNICATION SERVICES

0
12. The authority citation for part 24 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302, 303, 309, and 332.


[[Page 21564]]


0
13. Add Sec.  24.9 to subpart A to read as follows:


Sec.  24.9  Operation of certificated signal boosters.

    Individuals and non-individuals may operate certificated Consumer 
Signal Boosters on frequencies regulated under this part provided that 
such operation complies with all applicable rules under this part and 
Sec.  20.21 of this chapter. Failure to comply with all applicable 
rules voids the authority to operate a signal booster.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATION SERVICES

0
14. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 
337 unless otherwise noted.


0
15. Add Sec.  27.9 to subpart A to read as follows:


Sec.  27.9  Operation of certificated signal boosters.

    Individuals and non-individuals may operate certificated Consumer 
Signal Boosters on frequencies regulated under this part provided that 
such operation complies with all applicable rules under this part and 
Sec.  20.21 of this chapter. Failure to comply with all applicable 
rules voids the authority to operate a signal booster.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
16. 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), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


0
17. In Sec.  90.7 add the definition for ``Signal amplifier'' in 
alphabetical order to read as follows:


Sec.  90.7  Definitions.

* * * * *
    Signal amplifier. A device that amplifies radio frequency signals 
and is connected to a mobile radio transceiver, portable or handset, 
typically to the antenna connector. Note that a signal amplifier is not 
the same thing as a signal booster.
* * * * *
0
18. Add paragraph (q) to Sec.  90.203 to read as follows:


Sec.  90.203  Certification required.

* * * * *
    (q) Certification requirements for signal boosters are set forth in 
Sec.  90.219.
0
19. Revise Sec.  90.219 to read as follows:


Sec.  90.219  Use of signal boosters.

    This section contains technical and operational rules allowing the 
use of signal boosters in the Private Land Mobile Radio Services 
(PLMRS). Rules for signal booster operation in the Commercial Mobile 
Radio Services under part 90 are found in Sec.  20.21 of this chapter.
    (a) Definitions. The definitions in this paragraph apply only to 
the rules in this section.
    Class A signal booster. A signal booster designed to retransmit 
signals on one or more specific channels. A signal booster is deemed to 
be a Class A signal booster if none of its passbands exceed 75 kHz.
    Class B signal booster. A signal booster designed to retransmit any 
signals within a wide frequency band. A signal booster is deemed to be 
a Class B signal booster if it has a passband that exceeds 75 kHz.
    Coverage area of a PLMRS station. All locations within the normal 
reliable operating range (service contour) of a PLMRS station.
    Deploy a signal booster. Install and/or initially adjust a signal 
booster.
    Distributed Antenna System (DAS). A network of spatially separated 
antenna nodes connected to a common source via a transport medium that 
provides wireless service within a geographic area or structure.
    Operate a signal booster. Maintain operational control over, and 
responsibility for the proper functioning of, a signal booster.
    Signal booster. A device or system that automatically receives, 
amplifies, and retransmits signals from wireless stations into and out 
of building interiors, tunnels, shielded outdoor areas and other 
locations where these signals would otherwise be too weak for reliable 
communications. Signal booster systems may contain both Class A and 
Class B signal boosters as components.
    (b) Authority to operate. PLMRS licensees for stations operating on 
assigned channels higher than 150 MHz may operate signal boosters, 
limited to the service band for which they are authorized, as needed 
anywhere within the PLMRS stations' service contour, but may not extend 
the stations' service contour.
    (1) PLMRS licensees may also consent to operation of signal 
boosters by non-licensees (such as a building owner or a signal booster 
installation contractor) within their service contour and across their 
applicable frequencies, but must maintain a reasonable level of control 
over these operations in order to resolve interference problems.
    (i) Non-licensees seeking to operate signal boosters must obtain 
the express consent of the licensee(s) of the frequencies for which the 
device or system is intended to amplify. The consent must be maintained 
in a recordable format that can be presented to an FCC representative 
or other relevant licensee investigating interference.
    (ii) Consent is not required from third party (unintended) 
licensees whose signals are incidentally retransmitted. However, signal 
booster operation is on a non-interference basis and operations may be 
required to cease or alter the operating parameters due to a request 
from an FCC representative or a licensee's request to resolve 
interference.
    (2) [Reserved]
    (c) Licensee responsibility; interference. PLMRS licensees that 
operate signal boosters are responsible for their proper operation, and 
are responsible for correcting any harmful interference that signal 
booster operation may cause to other licensed communications services. 
Normal co-channel transmissions are not considered to be harmful 
interference. Licensees are required to resolve interference problems 
pursuant to Sec.  90.173(b). Licensees shall act in good faith 
regarding the operation of signal boosters and in the resolution of 
interference due to signal booster operation. Licensees who are unable 
to determine the location or cause of signal booster interference may 
seek assistance from the FCC to resolve such problems.
    (d) Deployment rules. Deployment of signal boosters must be carried 
out in accordance with the rules in this paragraph.
    (1) Signal boosters may be used to improve coverage in weak signal 
areas only.
    (2) Signal boosters must not be used to extend PLMRS stations' 
normal operating range.
    (3) Signal boosters must be deployed such that the radiated power 
of the each retransmitted channel, on the forward link and on the 
reverse link, does not exceed 5 Watts effective radiated power (ERP).
    (4) Class B signal boosters may be deployed only at fixed 
locations; mobile operation of Class B signal boosters is prohibited 
after November 1, 2014.
    (5) Class B signal booster installations must be registered in the 
FCC signal booster database that can be accessed at the following URL: 
www.fcc.gov/signal-boosters/registration.

[[Page 21565]]

    (6) Good engineering practice must be used in regard to the 
radiation of intermodulation products and noise, such that interference 
to licensed communications systems is avoided. In the event of harmful 
interference caused by any given deployment, the FCC may require 
additional attenuation or filtering of the emissions and/or noise from 
signal boosters or signal booster systems, as necessary to eliminate 
the interference.
    (i) In general, the ERP of intermodulation products should not 
exceed -30 dBm in 10 kHz measurement bandwidth.
    (ii) In general, the ERP of noise within the passband should not 
exceed -43 dBm in 10 kHz measurement bandwidth.
    (iii) In general, the ERP of noise on spectrum more than 1 MHz 
outside of the passband should not exceed -70 dBm in a 10 kHz 
measurement bandwidth.
    (7) Signal booster passbands are limited to the service band or 
bands for which the operator is authorized. In general, signal boosters 
should utilize the minimum passband that is sufficient to accomplish 
the purpose. Except for distributed antenna systems (DAS) installed in 
buildings, the passband of a Class B booster should not encompass both 
commercial services (such as ESMR and Cellular Radiotelephone) and part 
90 Land Mobile and Public Safety Services.
    (e) Device Specifications. In addition to the general rules for 
equipment certification in Sec.  90.203(a)(2) and part 2, subpart J of 
this chapter, a signal booster must also meet the rules in this 
paragraph.
    (1) The output power capability of a signal booster must be 
designed for deployments providing a radiated power not exceeding 5 
Watts ERP for each retransmitted channel.
    (2) The noise figure of a signal booster must not exceed 9 dB in 
either direction.
    (3) Spurious emissions from a signal booster must not exceed -13 
dBm within any 100 kHz measurement bandwidth.
    (4) A signal booster must be designed such that all signals that it 
retransmits meet the following requirements:
    (i) The signals are retransmitted on the same channels as received. 
Minor departures from the exact provider or reference frequencies of 
the input signals are allowed, provided that the retransmitted signals 
meet the requirements of Sec.  90.213.
    (ii) There is no change in the occupied bandwidth of the 
retransmitted signals.
    (iii) The retransmitted signals continue to meet the unwanted 
emissions limits of Sec.  90.210 applicable to the corresponding 
received signals (assuming that these received signals meet the 
applicable unwanted emissions limits by a reasonable margin).
    (5) On or after March 1, 2014, a signal booster must be labeled to 
indicate whether it is a Class A or Class B device, and the label 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:
    ``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. You MUST register Class B signal boosters (as defined in 47 CFR 
90.219) online at www.fcc.gov/signal-boosters/registration. 
Unauthorized use may result in significant forfeiture penalties, 
including penalties in excess of $100,000 for each continuing 
violation.''

[FR Doc. 2013-07396 Filed 4-10-13; 8:45 am]
BILLING CODE 6712-01-P