[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Proposed Rules]
[Pages 68698-68702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33144]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 5 and 90
[ET Docket No. 96-256; FCC 96-475]
Revision of the Experimental Radio Service Regulations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: By this Notice of Proposed Rule Making (Notice) the Commission
proposes to revise the Experimental Radio Service (ERS) rules in order
to promote technical innovation and new services by encouraging
experiments; ensure that experimental licenses do not result in abuse
of the Commission's processes; and reorganize the Part 5 regulatory
structure, including eliminating unnecessary and burdensome
experimental regulations. The proposed action should encourage
experimentation, remove unnecessary regulatory burdens upon ERS
applicants, and prohibit abuses of the ERS processes.
DATES: Comments must be filed on or before February 10, 1997, and reply
comments February 28, 1997. Written comments by the public on the
proposed and/or modified information collections are due February 10,
1997. Written comments must be submitted by the Office of Management
and Budget (OMB) on the proposed and/or modified information
collections on or before February 28, 1997.
ADDRESSES: Comments and reply comments should be sent to the Office of
Secretary, Federal Communications Commission, Washington, D.C. 20554.
In addition to filing comments with the Secretary, a copy of any
comments on the information collections contained herein should be
submitted to Dorothy Conway, Federal Communications Commission, Room
234, 1919 M Street, N.W. Washington, D.C. 20554, or via the Internet to
dconway@fcc.gov, and to Timothy Fain, OMB Desk Officer, 10236 NEOB,
725--17th Street, N.W., Washington, D.C. 20503 or via the Internet to
fain_t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Thomas Derenge at (202) 418-2451 or
Rodney Small at (202) 418-2452. Internet: tderenge@fcc.gov or
rsmall@fcc.gov, Office of Engineering and Technology, Federal
Communications Commission. For additional information concerning the
information collections contained in this Notice! should contact
Dorothy Conway at (202) 418-0217, or via the Internet at
dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rule Making, ET Docket 96-256, FCC 96-475, adopted December
13, 1996, and released December 20, 1996. The item proposes to: permit
longer license terms; permit blanket licensing of related multiple
experiments by a single entity and of fixed and mobile stations that
are part of the same experiment, and permit electronic filing of
experimental applications; encourage student experiments by issuing
licenses to schools, as well as to individual students, and by
permitting use of additional frequencies; modify the rules regarding
special temporary authorizations (STAs) to encourage temporary
experimental demonstrations and experiments at trade shows, while
limiting STAs to single short-term, non-renewable authorizations; limit
the size and scope of each market study on a case-by-case basis, and
immediately terminate any such study that the Commission determines to
be in excess of this size and scope; and consolidate and reorganize the
experimental rules structure.
This Notice contains proposed or modified information collections
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law No.
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
proposed or modified information collections contained in this
proceeding.
The full text of this Commission decision, including the proposed
rules appendix, is available for inspection and copying during normal
business hours in the FCC Reference Center
[[Page 68699]]
(Room 239), 1919 M Street, N.W., Washington, D.C., and also may be
purchased from the Commission's duplication contractor, International
Transcription Service, (202) 857-3800, 2100 M Street, N.W., Suite 140,
Washington, D.C. 20037.
Summary of Notice
1. By this action, we propose to revise Part 5 of our rules, which
governs the Experimental Radio Service (ERS). We take this action to
promote technical innovation and new services by encouraging
experiments; ensure that experimental licenses do not result in abuse
of our processes; eliminate unnecessary and burdensome experimental
regulations; and protect public safety frequencies.
2. Experimental licenses are currently granted for two years. We
believe that it may be beneficial to certain segments of the
communications industry--in particular companies which desire to
conduct experiments that involve ongoing research and development to
provide for a longer license period. We believe that permitting such
entities to obtain long-term experimental licenses may encourage them
to conduct long-term research and development. Long-term licenses will
decrease the regulatory burden on our licensees and on our staff which
processes renewal applications. Therefore, we request comment on the
establishment of a new class of experimental license, with a five-year
term, to support long-term operations. This additional option would
give applicants the flexibility to apply for either a two-year or five-
year license, depending on their needs. We request comment specifically
on the appropriate length for such an extended license period. We also
request comment on whether this new class of experimental license
should be limited to certain parties, such as those involved in long-
term product development, or whether any applicant should be permitted
to apply for an extended license as long as it provides sufficient
justification.
3. We propose to permit blanket licensing of related multiple
experiments by a single entity and of fixed and mobile stations that
are part of the same experiment. Currently, we require a separate
application for fixed and mobile stations; and, under normal
circumstances, separate licenses for each phase of an experimental
program. However, many experimental projects involve a system
containing several fixed stations or combinations of fixed and mobile
stations, or involve at least loosely-related experiments. Requiring
separate applications for the components of the experimental systems or
the different experiments in these cases is a disincentive to the
filing of applications and is burdensome to the public and to our
staff.
4. We also propose to permit electronic filing of experimental
applications. Our Part 5 rules currently do not accommodate electronic
filing of experimental applications. Accordingly, we propose to create
a new section to permit our Office of Engineering and Technology to
accept electronic signatures. We request comment on this proposal and
on further steps that would facilitate the electronic filing of
experimental applications.
5. We also propose to encourage student experiments by issuing
licenses to schools, as well as to individual students, and by
permitting use of additional frequencies. We believe that if there is
an ongoing experimental radio program at a school, students would be
more likely to become involved than if they are required to apply for
an individual license. We also propose to modify the frequency bands
used for student authorizations. The 2483.5-2500 MHz band is part of
the currently authorized 2450-2500 MHz band that is used for student
experimental use, but the 2483.5-2500 MHz band is no longer normally
assigned for experimental use of any kind because of the need to
protect satellite allocations in that band. Therefore, we propose to
delete the 2483.5-2500 MHz band from the set of frequencies designated
for student authorizations, and replace it with two bands that will
provide far greater bandwidth. Specifically, we propose to provide the
new bands 2402-2450 MHz and 10.00-10.50 GHz for such use. We request
comment on whether student experiments can be accommodated in the 2402-
2450 MHz and 10.00-10.50 GHz bands without causing harmful interference
to existing users. Additionally, we request comment on whether the
5725-5825 MHz band should be made available for student authorizations.
The 5725-5825 MHz band would provide an additional option for student
experimentation; however, we note that the band is currently under
consideration for unlicensed National Information Infrastructure (U-
NII) devices, which are intended to provide wireless wideband
networking options to the public including schools, libraries, and
health care facilities. If these U-NII devices achieve a high level of
deployment in schools, there could eventually be a conflict between U-
NII and student use of this band.
6. We also encourage special temporary authorizations (STAs) by
making them independent of other experimental licenses and by
expediting processing of STAs where circumstances warrant; Currently,
our rules require that an applicant for an STA already have an
experimental license prior to receiving an STA. However, it has been
our experience that in many instances entities that have requirements
for an STA do not have an experimental license and that the need for an
STA is independent of the need for such a license. Accordingly, we
believe that our current rules discourage some entities from obtaining
STAs. Further, our current rules do not contemplate expedited
processing of STA applications, even though in some circumstances the
need for an STA may arise unexpectedly. Therefore, we propose to modify
the rules to remove the requirement that an applicant have an
experimental license before applying for an STA, and further propose to
include a provision for preferential processing of STA applications in
cases in which an applicant sets forth compelling reasons why such an
authorization must be granted expeditiously.
7. Additionally, we propose to limit the size and scope of each
market study on a case-by-case basis, and to immediately terminate any
such study that we determine to be in excess of this size and scope.
During the last several years, a number of parties have obtained
experimental licenses in order to undertake market studies of new
services. In 1983, when we last reviewed our experimental rules, we
believed that limited market experiments would provide us with
significant useful information about the viability of new products in
the marketplace. While this has proven to be the case in a number of
instances, in other instances our processes have been abused by
companies attempting to establish commercial businesses under the guise
of experimental licenses. We note that the purpose of limited market
studies is to obtain information about the viability of new products in
the marketplace, and not to circumvent our normal licensing processes.
Accordingly, we propose that as a condition of granting such
authorizations, licensees must limit the size and scope of each study.
We shall determine the appropriate limits for market studies on a case-
by-case basis and terminate any such study that exceeds these limits.
An applicant desiring to perform a limited market study would be
expected to submit a narrative describing in detail the proposed study
and its objectives.
[[Page 68700]]
8. We further propose to limit STAs to single short-term, non-
renewable authorizations. While STAs are granted for a period of no
more than six months, some licensees have repeatedly sought to extend
the same STA. This process has been wasteful of our resources. We
realize that unforeseen delays can in some instances cause a planned
short term experimental project to exceed six months, but we believe
that some action is necessary in order to reduce the administrative and
paperwork burden and to prevent abuse of our STA process. Accordingly,
we propose to add language to our rules stating that in the absence of
extenuating circumstances no extensions of STAs will be granted.
9. We also propose to eliminate the requirement that experimental
licensees contact our Compliance and Information Bureau (CIB) before
commencing operation. This notification requirement was intended to
assist us in investigating any instances of reported interference.
However, it has been our experience that experimental operations have
rarely resulted in interference complaints. Further, improvements in
our experimental license database have made it easier for our staff to
identify the cause of any interference problem that may arise. Finally,
in cases in which there is a reasonable chance of interference, we can
place a condition on the license requiring that the licensee notify our
Experimental Licensing Branch (ELB) prior to commencement of the
operation. Accordingly, we believe that the existing notification
requirements are unnecessary and propose to delete them. However, we
request comment on this proposal and whether the removal of these
requirements could result in the potential for increased interference
from experimental operations.
10. We further propose to eliminate rules that specify that a
construction permit be obtained in conjunction with an experimental
license and that expiration dates of experimental licenses be
distributed over the 12 calendar months. For a number of years, we have
accepted a combined application for construction permit and license to
operate an experimental station and have issued only one instrument of
authority for the ERS. As a matter of administrative convenience and
clarification, we propose to remove all references to obtaining a
construction permit for experimental authorizations. Further, we
propose to delete the rules that specify that the expiration dates of
experimental licenses will be distributed over the twelve calendar
months, in accordance with the alphabetical distribution of the names
of the licensees. Our experience has been that the constant flow of
applications results in an acceptable distribution of license
applications, and for several years it has been our standard operating
practice to issue a license for a two-year period from the date of
grant and to act on any renewal requests upon expiration of this
period. Implementation of a 5-year experimental license also will
substantially facilitate the renewal process.
11. We also propose to add language to Part 5 to ensure that
experiments avoid public safety frequencies and propose to consolidate
and reorganize the rules. Specifically, we propose to transfer wildlife
and ocean buoy tracking operations from Part 5 to Part 90, and solicit
comment on transferring rules governing broadcasting experiments that
are not directed toward improvement of the technical phases of
operation and service of licensed broadcast stations from Part 74 to
Part 5. Currently, Section 5.108 governs wildlife and ocean buoy
tracking operations in the 40.66-40.70 MHz and 216-220 MHz bands for
the tracking of, and telemetry of scientific data from, such
operations. These operations were originally placed under Part 5
because there was no other appropriate rule section to accommodate
them. Recently, however, the Commission has established the Location
and Monitoring Service under Part 90, which provides for regular
licensing of radio tracking functions. Additionally, the Commission
recently established under Part 90 the Low Power Radio Service in the
216-217 MHz band that includes, among other things, tracking of stolen
goods. Accordingly, we believe that wildlife and ocean buoy tracking
operations would now be more appropriately governed as Part 90
services, and we so propose herein to recategorize them. However, we
note that Part 90 has more specific eligibility requirements than Part
5. While we do not believe that transferring wildlife and ocean buoy
tracking operations would create a situation where an entity qualified
under Part 5 would be ineligible under Part 90, we request comment on
this issue.
12. In addition, our Experimental License Branch has also received
a number of applications for use of broadcast frequencies by
experimental operations of a broadcast nature. Currently, such
experiments are accommodated under our Auxiliary Broadcasting rules,
Part 74, and not Part 5. We believe that a consolidation of all
experimental rule subparts into Part 5 may be desirable to eliminate
redundancy, any confusion created by having separate bodies of
experimental rules, and to increase the efficiency of the Commission's
processes. Accordingly, we solicit comment on transferring Subpart A of
Part 74--Experimental Broadcast Operations--to Part 5. We request
comment on whether such a change is desirable and, if so, on whether
Subpart A of Part 74 should be made a separate subpart of Part 5 or
fully integrated with the proposed three subparts of Part 5.
Initial Regulatory Flexibility Analysis
13. As required by Section 603 of the Regulatory Flexibility
Act,1 the Commission has prepared an Initial Flexibility Analysis
(IRFA) of the expected significant economic impact on small entities by
the policies and rules proposed in this Notice of Proposed Rule Making
(Notice) to ``Amendment of Part 5 of the Commission's Rules to Revise
the Experimental Radio Service Regulations.'' Written public comments
are requested on the IRFA. Comments must be identified in response to
the IRFA and must be filed by the deadlines for comments on the Notice
provided in paragraph 26. The Secretary shall send a copy of this
Notice, 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.
---------------------------------------------------------------------------
\1\ 5 U.S.C. Sec. 603.
---------------------------------------------------------------------------
14. Need for and Objectives of the Proposed Rule. We believe that
the Experimental Radio Service (ERS) rules have become outdated and
must change to keep pace with an evolving telecommunications industry.
The competitive and rapidly developing telecommunications market has
demonstrated the increased importance and the usefulness of the ERS.
The ERS continues to be utilized to foster development of new service
concepts and technologies that stimulate economic growth, create new
jobs, and increase spectrum utilization and efficiency. The ERS rules
were last updated in 1983 and contain obsolete practices and
unnecessary regulations. We propose to modernize the ERS and improve
the experimental licensing process by encouraging experiments and
streamlining and updating Part 5 of the rules. Additionally, the
proposals would eliminate outdated and cumbersome regulatory
requirements and unnecessary paperwork.
15. Legal Basis. The proposed action is authorized by Sections
4(i), 303(c), 303(f), 303(g) and 303(r) of the
[[Page 68701]]
Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i),
303(c), 303(f), 303(g) and 303(r). These provisions authorize the
Commission to make such rules and regulations as may be necessary to
encourage more effective use of radio in the public interest.
16. Description and Estimate of the Number of Small Entities To
Which the Proposed Rules Will Apply. For purposes of this Notice, the
RFA defines a ``small business'' to be the same as a ``small business
concern'' under the Small Business Act , 15 U.S.C. Sec. 632, unless the
Commission has developed one or more definitions that are appropriate
to its activities.2 Under the SBA, a ``small business concern'' is
one that: (1) is independently owned and operated; (2) is not dominant
in its field of operation; and (3) meets any individual criteria
established by the Small Business Administration (SBA).3
---------------------------------------------------------------------------
\2\ See 5 U.S.C. Sec. 601(3) (incorporating by reference the
definition of ``small business concern'' in 5 U.S.C. Sec. 632).
\3\ 15 U.S.C. Sec. 632.
---------------------------------------------------------------------------
17. The Commission has not developed a definition of small entities
applicable to experimental licensees. Therefore, the applicable
definition of small entity is the definition under the Small Business
Administration (SBA) rules applicable to radiotelephone companies. SBA
has defined a small business for Standard Industrial Classification
(SIC) category 4812 (Radiotelephone Communications) to be small
entities when they have fewer than 1500 employees.4
---------------------------------------------------------------------------
\4\ 13 C.F.R. Sec. 121.201 Standard Industrial Classification
(SIC) Code 4812.
---------------------------------------------------------------------------
18. The Commission processes approximately 1,000 applications a
year for experimental radio operations. About half of these are
renewals and the other half are for new licenses. The majority of
experimental licenses are issued to companies such as Motorola and
Department of Defense contractors such as Northrop, Lockheed and Martin
Marietta. Businesses such as these may have as many as 200 licenses at
one time. The majority of these applications, 70 percent, are from
entities such as these. Given this fact, the remaining 30 percent of
applications, we assume, for purposes of our evaluations in the IRFA,
will be awarded to small entities, as that term is defined by the SBA.
19. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. Our proposals are intended to decrease the
regulatory burden on all experimental license applicants, including
small entities. For example, we propose to permit applicants the option
of applying for a five-year experimental license, in addition to
maintaining the current two-year license. We anticipate that a longer
term license would reduce the number of renewal applications, and
thereby decrease the regulatory burden. We are also proposing to remove
an unnecessary requirement that STA applicants hold experimental
licenses, and are clarifying the STA rules. We are also proposing to
replace existing Sections 5.55(a) and 5.55(b) of our rules with a
single provision that would allow an applicant to apply for all of the
stations in its experimental system, including fixed stations and
associated mobile units, on one experimental license application; and
similarly to modify Section 5.62 to permit the filing of only a single
application for multiple experiments, when doing so would be
appropriate for the proposed project. Additionally, this action
proposes to increase the opportunities for students to obtain
experimental authorizations, proposes to remove requirements that
certain licensees notify the FCC's field offices prior to commencing
operations, and proposes to eliminate obsolete rules. These changes
should have a positive effect on small entities; however, we are unable
to quantify all potential effects on such entities. We invite specific
comments on this point by interested parties.
20. Significant Alternatives Minimizing the Impact on Small
Entities and Consistent with the Stated Objectives. We believe that our
proposed actions to revise our ERS rules will eliminate unnecessary and
burdensome regulations for small entities. Section 303(g) of the
Communications Act of 1934, as amended, charges the Commission with
encouraging the larger and more effective use of radio in the public
interest. We have considered the alternative of not making the proposed
revisions; however, we believe that would not serve the public interest
and would continue to place an unnecessary burden on licensees. We
solicit comment on specific alternatives to the proposed rule changes
listed in the Notice. Some or all of the proposals may be adopted or
altered in future actions in this proceeding.
21. Federal Rules That Duplicate, Overlap, or Conflict With the
Proposed Rule: None.
22. Paperwork Reduction Act. This Notice contains either a proposed
or modified information collection. The Commission, as part of its
continuing effort to reduce paperwork burdens, invites the general
public and the Office of Management and Budget (OMB) to comment on the
information collections contained in this Notice, as required by the
Paperwork Reduction Act of 1995, Public Law No. 104-13. Public and
agency comments are due at the same time as other comments on the
Notice; OMB comments are due February 28, 1997. Comments should
address: (a) whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
OMB Approval Number: N/A.
Title: Amendment of Part 5 of the Commission's Rules to Revise the
Experimental Radio Service Regulations.
Form No.: N/A.
Type of Review: New Collection.
Respondents: Individuals or households, Business or other for-
profit, not-for-profit institutions, and State, Local or Tribal
Government.
Number of Respondents: 428.
Estimated Time Per Response: 1 hour.
Total Annual Burden: 681 hours.
Needs and Uses: The Third Party requirements are made necessary by
Sections 5.85(d), 5.85(e), and 5.93(b) of the Notice of Proposed Rule
Making revising Part 5 of the Commission's Rules governing the
Experimental Radio Service. They are as follows: (1) pursuant to
Section 5.85(d), when applicants are using public safety frequencies to
perform experiments of a public safety nature, the license may be
conditioned to require coordination between the experimental licensee
and appropriate frequency coordinator and/or all public safety
licensees in its area of operation; (2) pursuant to Section 5.85(e),
the Commission may, at its discretion, condition any experimental
license or special temporary authority (STA) on the requirement that
before commencing operation, the new licensee coordinate its proposed
facility with other licensees that may receive interference as a result
of the new licensee's operations; and (3) pursuant to Section 5.93(b),
unless other stated in the instrument of authorization, licenses
granted for the purpose of limited market studies requires the licensee
to inform anyone participating in the experiment that the service or
device is granted under an experimental authorization and is strictly
temporary. In all cases, it is the responsibility of the licensee to
coordinate with other users.
[[Page 68702]]
Coordination is necessary to avoid harmful interference, and
notification to participants of limited market studies is necessary to
indicate that the experiment is temporary.
List of Subjects in
47 CFR Part 5
Radio.
47 CFR Part 90
Communications equipment, Radio.
Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.
[FR Doc. 96-33144 Filed 12-27-96; 8:45 am]
BILLING CODE 6712-01-P
