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                                                                   DA 12-1386

                                                              August 22, 2012

                                             Enforcement Advisory No. 2012-05

                            FCC NARROWBANDING RULES

     ENFORCEMENT BUREAU REMINDS PRIVATE LAND MOBILE LICENSEES AND EQUIPMENT
       MANUFACTURERS OF THE JANUARY 1, 2013 DEADLINE FOR TRANSITIONING TO
                             NARROWBAND TECHNOLOGY

   To promote the efficient use of private land mobile radio (PLMR) spectrum
   and to facilitate the introduction of advanced technologies, the
   Commission has adopted rules requiring certain PLMR licensees and
   manufacturers to transition from wideband technology (i.e., systems using
   25 kHz of bandwidth) to narrowband technology (i.e., systems using 12.5
   kHz or narrower bandwidth) by January 1, 2013. The FCC's Enforcement
   Bureau is issuing this Enforcement Advisory to remind all private land
   mobile radio licensees operating in the 150-174 MHz and 421-470 MHz
   frequency bands (VHF/UHF bands) that they must migrate their systems to
   narrowband technology by January 1, 2013. The Bureau also reminds
   manufacturers (subject to the limited exceptions noted below) that they
   must cease manufacturing and importing equipment that is capable of 25 kHz
   mode operation in the VHF/UHF bands by the narrowbanding transition
   deadline.

   What must private land mobile licensees operating in the VHF/UHF bands do
   as of January 1, 2013?

     * Operate on 12.5 kHz (11.25 kHz occupied bandwidth) or narrower
       channels, or

     * Employ narrowband-equivalent technology, i.e., a technology that
       achieves the narrowband equivalent of at least one channel per 12.5
       kHz of channel bandwidth for voice and transmission rates of at least
       4800 bits per second per 6.25 kHz for data systems operating with
       bandwidths greater than or equal to 12.5 kHz.

     * PLMR licensees are not required, at this time, to modify their
       licenses to remove wideband emission designators. However, the
       presence of a wideband emission designator on a license does not
       authorize operation after January 1, 2013 that does not comply with
       the narrowbanding standards.

   What are manufacturers required to do as of January 1, 2013?  Except under
   certain limited circumstances, equipment manufacturers  may no longer 
   manufacture and import previously-certified equipment capable of operating
   with only one voice path per 25 kHz of spectrum in the 150-174 MHz or
   421-470 MHz bands.

   What if private land mobile licensees or manufacturers need more time? The
   Commission has long emphasized its commitment to the January 1, 2013
   deadline for migration to narrowband technology. PLMR licensees or
   manufacturers that anticipate the need for additional time beyond the
   January 1, 2013 deadline to complete the narrowbanding of their systems or
   to bring their equipment into compliance with the equipment certification
   rules, respectively, must request a waiver. However, requests for waivers
   of the deadline will be subject to a high level of scrutiny under the
   waiver standard set forth in Section 1.925 of the Commission's rules.

   What are the penalties for failure to comply with the January 1, 2013
   deadline? The Enforcement Bureau is committed to aggressively enforcing
   the narrowbanding transition deadline and violators may be subject to
   enforcement action. Penalties for non-compliance may include license
   revocation, and/or monetary forfeitures of up to $16,000 for each such
   violation or each day of a continuing violation, and up to $112,500 for
   any single act or failure to act. 

   Need More Information? Detailed information and references concerning
   narrowbanding are available at www.fcc.gov/narrowbanding. For further
   information, licensees and frequency coordinators may contact Mr. Melvin
   Spann of the Wireless Telecommunications Bureau, Mobility Division, (202)
   418-1333, Melvin.Spann@fcc.gov, or Mr. Roberto Mussenden of the Public
   Safety and Homeland Security Bureau, Policy Division, (202) 418-1428,
   Roberto.Mussenden@fcc.gov or narrowbanding@fcc.gov. Equipment
   manufacturers may contact Mr. Andy Leimer of the Office of Engineering and
   Technology, (301) 362-3049, Andrew.Leimer@fcc.gov. For more information
   regarding enforcement of the narrowbanding rules, contact the Enforcement
   Bureau at (202) 418-7450. Media inquiries should be directed to Mr.
   William Davenport, William.Davenport@fcc.gov, (202) 418-1034.

   To request materials in accessible formats for people with disabilities
   (Braille, large print, electronic files, audio format), send an email to
   fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
   202-418-0530 (voice), 202-418-0432 (TTY). You may also contact the
   Enforcement Bureau on its TTY line at 202-418-1148 for further information
   about this Enforcement Advisory, or the FCC on its TTY line at
   1-888-Tell-FCC (1-888-835-5322).

                                         Issued by: Chief, Enforcement Bureau

                                     -FCC-

   See 47 C.F.R. S:S: 90.203(j), 90.209(b).

   In April 2012, the Wireless Telecommunications Bureau and Public Safety
   and Homeland Security Bureau waived, on their own motion, the
   narrowbanding requirement for licensees in the 470-512 MHz band. See
   Implementation of Sections 309(j) and 337 of the Communications Act of
   1934 as Amended, Order, WT Docket 99-87, DA 12-642 (OET, PSHSB, WTB) (rel.
   Apr. 26, 2012). The waiver applies only to frequencies in the 470-512 MHz
   band. Therefore, licensees that operate in the 470-512 MHz band and the
   150-174 MHz or 421-470 MHz bands must meet the narrowbanding transition
   deadline with respect to their frequencies below 470 MHz.

   Beginning January 1, 2011, the Commission no longer certified equipment
   capable of operating with only one voice path per 25 kHz of spectrum in
   the 150-174 MHz or 421-512 MHz bands. Manufacturers may continue to
   manufacture and import equipment that is capable of 25 kHz mode operation
   in the 470-512 MHz band as long as the equipment also has a narrowband
   emission designator (12.5 kHz and/or 6.25 kHz). In addition, there are
   limited circumstances under which manufacturers may not be subject to the
   January 1, 2013 deadline. See 47 C.F.R. S:S: 90.203(j)(7) and (8). For
   additional guidance from OET regarding equipment authorization, visit
   https://apps.fcc.gov/oetcf/kdb/forms/FTSSearchResultPage.cfm?switch=P&id=20292.

   See Implementation of Sections 309(j) and 337 of the Communications Act of
   1934 as Amended; Promotion of Spectrum Efficient Technologies on Certain
   Part 90 Frequencies, Order, 25 FCC Rcd 8861, 8866 P: 12 (2010).

   See Wireless Telecommunications Bureau, Public Safety and Homeland
   Security Bureau, and Office of Engineering and Technology Provide Reminder
   of January 1, 2013 Deadline for Transition to Narrowband Operations in the
   150-174 MHz and 421-512 MHz Bands and Guidance for Submission of Requests
   for Waiver and Other Matters, Public Notice, 26 FCC Rcd 9647 (2011); see
   also Wireless Telecommunications Bureau and Public Safety and Homeland
   Security Bureau Provide Supplemental Guidance for Licensees in the 150-174
   MHz and 421-512 MHz Bands Seeking Waivers of the January 1, 2013
   Narrowbanding Deadline, Public Notice, 27 FCC Rcd 1936 (WTB, PSHSB 2012).

   47 C.F.R. S:1.925.

   See 47 U.S.C. S:S: 401, 501, 503; 47 C.F.R. S: 1.80.

                                  Page 2 of 2

   PUBLIC NOTICE

                                   Page 1of 2

   1

   PUBLIC NOTICE

                            FCC ENFORCEMENT ADVISORY

   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322

   Federal Communications Commission

   445 12th St., S.W.

   Washington, D.C. 20554