[Federal Register: November 26, 2002 (Volume 67, Number 228)]
[Rules and Regulations]
[Page 70704-70705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no02-20]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 01-97; RM-9798; FCC 02-232]
Amendment of the Commission's Rules To Revise the Authorized Duty
Cycle on 173.075 MHz
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Commission revised the duty cycle
specifications for stolen vehicle recovery system operations on 173.075
MHz by adding a new duty cycle option of 1800 milliseconds every 300
seconds, with a maximum of six messages in any thirty-minute period.
This action was taken to enable the enhancement of police performance
in the recovery of stolen vehicles and apprehension of suspects. This
rule change will facilitate: more efficient law enforcement, a decrease
in the time between when a vehicle is discovered stolen and when the
theft is reported to the police, greater stolen vehicle recovery rates,
and a greater rate of apprehension of criminals.
DATES: Effective December 26, 2002.
FOR FURTHER INFORMATION CONTACT: Freda Lippert Thyden, Esq., Policy and
Rules Branch, Public Safety and Private Wireless Division, Wireless
Telecommunications Bureau, (202) 418-0627, TTY (202) 418-7233, or via
e-mail at fthyden@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Federal
Communications Commission's Report and Order, FCC 02-232, adopted on
August 9, 2002, and released on September 5, 2002. 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, Qualex International, 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 contacting Brian Millin at (202) 418-7426
or TTY (202) 418-7365 or at bmillin@fcc.gov.
In this Report and Order, we address the proposal set forth in the
Notice of Proposed Rulemaking (NPRM), 66 FR 31598, June 12, 2001, in WT
Docket No. 01-97. In the NPRM, the Commission sought comment on whether
to revise the duty cycle specifications for stolen vehicle recovery
system (SVRS) operations on 173.075 MHz. The NPRM also invited comment
on whether the public interest continues to be served by specification
of duty cycles for the SVRS operations on 173.075 MHz. For the reasons
explained below, we are revising Sec. 90.20(e)(6) of the Commission's
rules to add a new duty cycle option of 1800 milliseconds every 300
seconds with a maximum of six messages in any thirty-minute period. We
believe that this new duty cycle option will enable the enhancement of
police performance in the recovery of stolen vehicles and apprehension
of suspects, while ensuring that harmful interference does not occur to
television reception. It is our view that the specification of SVRS
duty cycles continues to serve the public interest by also encouraging
a competitive marketplace for provision of SVRS operations.
I. Procedural Matters
A. Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act (RFA) of 1980, the
Commission has prepared a Final Regulatory Flexibility Analysis of the
possible impact of the rule changes contained in this Report and Order
on small entities. The Final Regulatory Flexibility Act analysis is set
forth in Appendix A of the Report and Order. The Commission's Consumer
and Governmental Affairs Bureau, Reference Information Center, will
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.
B. Paperwork Reduction Analysis
2. This Report and Order does not contain any new or modified
information collection. Therefore, it is not subject to the
requirements for a paperwork reduction analysis, and the Commission has
not performed one.
II. Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in Appendix A
of the Notice of Proposed Rulemaking (NPRM) issued in this proceeding.
The Commission sought written public comment on the proposals in the
NPRM, including on the IRFA. The Commission's Final Regulatory
Flexibility Analysis (FRFA) in this Report and Order in WT Docket No.
97-82 conforms to the RFA. I. Need for, and Objectives of, the Report
and Order
3. In the Report and Order, we modify the duty cycle for mobile
specifications for SVRS operations, contained in 47 CFR Sec.
90.20(e)(6), to 1800 milliseconds every 300 seconds to permit use of
new technology. This modification is in the public interest because it
enhances the efficient use of spectrum and permits greater efficiency
in use of police resources to track and recover stolen vehicles and
apprehend more individuals involved in such activities.
A. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
4. No comments were filed in direct response to the IRFA.
B. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
5. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small business concern''
under
[[Page 70705]]
Section 3 of the Small Business Act. A small business concern is one
that: (1) Is independently owned and operated, (2) is not dominant in
its field of operation, and (3) satisfies any additional criteria
established by the Small Business Administration. Nationwide, as of
1992, there were approximately 275,801 small organizations. ``Small
governmental jurisdiction'' generally means governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than 50,000.''
6. The rule change adopted in this Report and Order will provide
marketing opportunities for radio manufacturers, some of which may be
small businesses. Beyond this we are unable to quantify the potential
effects on small entities.
C. Description of Reporting, Recordkeeping, and Other Compliance
Requirements
7. No new reporting, recordkeeping, or other compliance
requirements would be imposed on applicants or licensees as a result of
the actions taken in this rulemaking proceeding.
D. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
8. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. 5 U.S.C. 603.
9. As an alternative, the Commission considered eliminating
specified duty cycles for SVRS mobile and base transmitters. However,
the Commission determined that the public interest continues to be
served by retention of these duty cycles. The mobile duty cycle ensures
that harmful interference to TV Channel 7 reception will not occur,
while the base station duty cycle permits the growth of a competitive
SVRS marketplace. The rule change adopted will accommodate the use of
an early warning detector and, thus, enhance police performance in the
recovery of stolen vehicles and apprehension of individuals suspected
of committing these thefts.
10. Amendment of the duty cycle rule does not impose any new
reporting or compliance requirements, however, it does permit an
additional use of SVRS technology. The proposal contained herein has
been analyzed with respect to the Paperwork Reduction Act of 1980 and
found to contain no new or modified form, information collection and/or
record keeping, labeling, disclosure, or record retention requirements,
and will not increase or decrease burden hours imposed on the public.
E. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rules
11. None
Report to Congress: The Commission will send a copy of this Report
and Order, including the FRFA, in a report to be sent to Congress
pursuant to the Small Business Regulatory Enforcement Fairness Act of
1996, see 5 U.S.C. 801(a)(1)(A). In addition, the Commission will send
a copy of this Report and Order, including FRFA, to the Chief Counsel
for Advocacy of the Small Business Administration. A copy of the Report
and Order and FRFA (or summaries thereof) will also be published in the
Federal Register, see 5 U.S.C. 604(b).
III. Ordering Clauses
12. Authority for issuance of this Report and Order is contained in
sections 4(i), 4(j), and 303(r) of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j), and 303(r).
13. Pursuant to the authority of sections 4(i), 4(j), and 303(r) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j),
and 303(r), Sec. 90.20(e)(6) of the Commission's Rules, 47 CFR
90.20(e)(6), is amended as set forth in the rule changes.
14. It is further ordered that 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.
15. This proceeding is terminated.
List of Subjects in 47 CFR Part 90
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the preamble the Federal
Communications Commission proposes to amend 47 CFR parts 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
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),
303(g), 303(r), and 332(c)(7).
2. Section 90.20 is amended by revising paragraph (e)(6)
introductory text to read as follows:
Sec. 90.20 Public safety pool.
* * * * *
(e) * * *
(6) The frequency 173.075 MHz is available for stolen vehicle
recovery systems on a shared basis with the Federal Government. Stolen
vehicle recovery systems are limited to recovering stolen vehicles and
are not authorized for general purpose vehicle tracking or monitoring.
Mobile transmitters operating on this frequency are limited to 2.5
watts power output and base transmitters are limited to 300 watts ERP.
F1D and F2D emissions may be used within a maximum authorized 20 kHz
bandwidth. Transmissions from mobiles shall be limited to 200
milliseconds every 10 seconds, except that when a vehicle is being
tracked actively transmissions may be 200 milliseconds every second.
Alternatively, transmissions from mobiles shall be limited to 1800
milliseconds every 300 seconds with a maximum of six such messages in
any 30 minute period. Transmissions from base stations shall be limited
to a total time of one second every minute. Applications for base
stations operating on this frequency shall require coordination with
the Federal Government. Applicants shall perform an analysis for each
base station located within 169 km (105 miles) of a TV Channel 7
transmitter of potential interference to TV Channel 7 viewers. Such
stations will be authorized if the applicant has limited the
interference contour to fewer than 100 residences or if the applicant:
* * * * *
[FR Doc. 02-29923 Filed 11-25-02; 8:45 am]
BILLING CODE 6712-01-P