Radio frequency devices: Scanning receivers, further ensurance against receiving cellular radio signals,

[Federal Register: June 10, 1998 (Volume 63, Number 111)]

[Proposed Rules]

[Page 31684-31685]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10jn98-42]

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 15

[ET Docket No. 98-76; FCC 98-100]

Proposed Rules To Further Ensure That Scanning Receivers Do Not Receive Cellular Radio Signals

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

SUMMARY: By this Notice of Proposed Rule Making (NPRM) the Commission proposes to amend the rules to further prevent scanning receivers from receiving cellular radio telephone signals. The Commission seeks comment on the proposed rule changes.

DATES: Comments must be filedon or before July 10, 1998, and reply comments must be filedJuly 27, 1998. Interested parties wishing to comment on the information collections should submit comments July 10, 1998.

ADDRESSES: Comments and reply comments should be sent to the Office of Secretary, Federal Communications Commission, Washington DC 20554. In addition to filing comments with the Secretary, a copy of any comments on the information collections contained herein should be submitted to Judy Boley, Federal Communications Commission, Room 234, 1919 M Street, N.W., Washington DC 20554, or via electronic mail to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Rodney P. Conway (202) 418-2904 or Hugh Van Tuyl (202) 418-7506. Via electronic mail: rconway@fcc.gov or hvantuyl@fcc.gov, Office of Engineering and Technology, Federal Communications Commission. For additional information concerning the information collections, or copies of the information collections contained in this NPRM contact Judy Boley at (202) 418-0217, or via electronic mail at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rule Making, ET Docket 98-76, FCC 98-100, adopted May 21, 1998, and released June 3, 1998.

This NPRM contains proposed information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. The general public, and other Federal agencies are invited to comment on the proposed information collections contained in this proceeding.

A full text of this Commission decision 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., and also may be purchased from the Commission's duplication contractor, International Transcription Service, phone (202) 857-3800, facsimile (202) 857-3805, 1231 20th Street, N.W. Washington DC 20036.

Summary of the NPRM

1. The NPRM contains proposed rules that are needed to improve and strengthen the Commission's regulations prohibiting scanning receivers from tuning frequencies allocated to the cellular radio telephone service (Cellular Service). The NPRM proposes to adopt a signal rejection requirement to prevent scanning receivers from intercepting Cellular Service transmissions when they are ``tuned'' to frequencies outside the Cellular Service.

2. In addition, the NPRM proposes specific design requirements to make it more difficult to modify scanning receivers to receive Cellular Service transmissions.

3. Moreover, the NPRM seeks comment on changing the definition of a scanning receiver to include receivers that automatically tune among less than four frequencies.

4. Further, the NPRM proposes a definition for test equipment and seeks to prohibit kits that when assembled would be capable of receiving and decoding Cellular Service transmissions.

5. Moreover, the NPRM also proposes rules to codify the provisions of section 705 of the Communications Act that prohibit any person or persons from knowingly intercepting and divulging the content of transmissions from the Cellular Service frequency bands. This proposed prohibition will not apply to receivers used in the Cellular Service. The NPRM proposes to implement these requirements for scanning receivers manufactured and imported into the United States 90 days after adoption of the final rules.

   Initial Regulatory Flexibility Analysis

6. Need for and Objective of the Rules. This NPRM is initiated to obtain comments regarding the proposed rules which seek to further ensure that scanning receivers do not receive signals from the cellular radiotelephone frequency bands.

7. Legal Basis. The proposed action is authorized under sections 4(j), 301, 302, 303(e), 303(f), 303(g), 303(r), 304 and 307 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 301, 302, 303(e), 303(f), 303(g), 303(r), 304 and 307.

8. Reporting, Recordkeeping and Other Compliance Requirements. We propose to establish rules that would require scanning receivers to be manufactured to reduce the possibility of receiving signals from the cellular telephone frequency bands. The proposed rules will require design details and test measurements to be reported to the Commission as part of the normal equipment authorization process under our certification procedure.

9. Federal Rules Which Overlap, Duplicate or Conflict With These Rules. None.

   \1\See 5 U.S.C. 601(3) (incorporating by reference the definition of ``small business concern'' in 5 U.S.C. 632).

10. Description, Potential Impact and Number of Small Entities Involved. For purposes of this NPRM, the RFA defines a ``small business'' to be the same as a ``small business concern'' under the Small Business Act, 15 U.S.C. 632, unless the Commission has developed one or more definitions that are appropriate to its activities.‹SUP›1‹/SUP› Under 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) meets any additional criteria

    [[Page 31685]]

    established by the Small Business Administration (``SBA'').‹SUP›2‹/SUP›

    \2\ See 15 U.S.C. 632.

    The Commission has not developed a definition of small entities applicable to unlicensed communications devices. Therefore, we will utilize the SBA definition applicable to manufacturers of Radio and Television Broadcasting and Communications Equipment. According to the SBA regulations, unlicensed transmitter manufacturers must have 750 or fewer employees on order to qualify as a small business concern.‹SUP›3‹/SUP› Census Bureau data indicates that there are 858 U.S. companies that manufacture radio and television broadcasting and communications equipment, and that 778 of these firms have fewer than 750 employees and would be classified as small entities.‹SUP›4‹/SUP› The Census Bureau category is very broad, and specific figures are not available as to how many of these firms will manufacture unlicensed communications devices. However, we believe that many of them may qualify as small entities.

    \3\ See 13 CFR 121.201, (SIC) Code 3663.

    \4\ See U.S. Dept. of Commerce, 1992 Census of Transportation, Communications and Utilities (issued May 1995), SIC category 3663.

11. Any Significant Alternatives Minimizing the Impact on Small Entities Consistent with Stated Objectives. None.

    List of Subjects 47 CFR Parts 2 and 15

    Communications equipment, Radio.

    Federal Communications Commission. Magalie Roman Salas, Secretary.

    [FR Doc. 98-15393Filed6-9-98; 8:45 am]

    BILLING CODE 6712-01-P