[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)] [Proposed Rules] [Pages 25184-25185] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-12587] ----------------------------------------------------------------------- [[Page 25185]] FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 90 [WT Docket No. 96-86, FCC 96-155] Public Safety Radio Requirements Through the Year 2010 AGENCY: Federal Communications Commission. ACTION: Proposed Rule. ----------------------------------------------------------------------- SUMMARY: The Commission has adopted a Notice of Proposed Rule Making to address the present deficiencies in public safety wireless communications as well as its expanding spectrum needs. These proposed amendments will solicit comments on how to meet public safety needs, and to facilitate a transition to a communications environment in which public safety agencies have access to higher quality transmission, emerging technologies, and broader services. The Notice also furthers the Commission's efforts to implement Section 6002 of the Omnibus Budget Reconciliation Act of 1993, which requires the Commission to study public safety spectrum needs and to develop a plan that ensures that adequate frequenices are available for public safety uses through the year 2010. DATES: Comments are due September 20, 1996; reply comments are due October 18, 1996. FOR FURTHER INFORMATION CONTACT: Robert McNamara the Wireless Telecommunications Bureau at (202) 418-0680. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rule Making, adopted April 5, 1996, and released April 10, 1996. The full text of this action is available for inspection and copying during normal business hours in the FCC Reference Center, Room 239, 1919 M Street, N..W., Washington, D.C. The complete text may be purchased from the Commission's copy contractor, ITS, Inc., (202) 857- 3800, 2100 M Street, NW., Suite 140, Washington, DC 20037. Summary of Report and Order 1. In this action, the Commission initiates an overall evaluation and assessment of public safety wireless communications, which builds upon our findings and conclusions presented in the 1995 FCC Public Safety Report. We believe that the critical responsibilities of public safety agencies, such as protection of life and property, can be performed more effectively by increasing the flexibility and opportunities that wireless communications can offer. The goal of this proceeding is to develop the data necessary to evaluate the spectrum needs of public safety agencies, to solicit comment on how best to meet these needs, and to facilitate a transition to a communications environment in which public safety agencies have access to higher quality transmission, emerging technologies, and broader services, including the ability to communicate readily with one another (interoperability). We recognize that such an environment can be achieved through a variety of regulatory approaches, such as requiring more efficient use of current public safety spectrum, reallocating additional spectrum for public safety uses, and facilitating the use of commercial service providers for increased communications capacity. We believe, however, that no one approach will satisfy all public safety communications spectrum needs. We further believe that the optimal approach should allow each of these individual approaches to be strategically combined in a way that meets the specific needs of individual public safety entities. 2. The Notice of Proposed Rule Making emphasizes two primary issues. The first issue is the critical nature of public safety responsibilities to the Nation's well being and the role of modern wireless communications in ensuring that these duties are fulfilled effectively. The second issue is that the fragmented nature of present public safety wireless communications has a detrimental impact on present and future capabilities. We believe that bringing about improved quality and tangible access to expanded services is dependent largely on public safety operating in a wider and more consistent environment. This proceeding seeks to broaden the opportunity for public safety agencies to obtain access to the benefits that accrue from the increased competition and innovation that has emerged in telecommunications generally while maintaining the independence, reliability, universal service and security that are integral to public safety. We believe that a regulatory structure can emerge that is more efficient, commits more discretion to users, and facilitates access to a much broader range of services. 3. Authority for issuance of this Notice of Proposed Rule Making is contained in Sections 4(i) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i) and 303(r). Final Regulatory Flexibility Analysis 4. As required by Section 603 of the Regulatory Flexibility Act, the Commission has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the expected impact on small entities of the proposals suggested in this document. The IRFA is set forth in Appendix A of the Notice of Proposed Rule Making. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines as comments on the rest of the Notice of Proposed Rule Making, but they must have a separate and distinct heading designating them as responses to the IRFA. The Secretary shall send a copy of this Notice of Proposed Rule Making, including the IRFA, to the Chief Counsel for Advocacy of the Small Business Administration in accordance with paragraph 603(a) of the Regulatory Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612. List of Subjects in 47 CFR Part 90 Communications equipment, Radio, Reporting and recordkeeping requirements. Federal Communications Commission. William F. Caton, Acting Secretary. [FR Doc. 96-12587 Filed 5-17-96; 8:45 am] BILLING CODE 6712-01-P