Home › Forums › temp › what does it take to suggest part 15 rules changes? › what does it take to suggest part 15 rules changes?
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This is just remembering stuff off the top of my head, as I don’t know how much time I’d burn in looking everything up before posting:
1. You submit a Petition for Rulemaking to the FCC. I don’t know offhand if FCC accepts electronic submissions (you used to have to submit a certain number of copies, one for each commissioner and a certain number for staff use). You at least have to address:
a. What change(s) do you propose, and why are they appropriate to Part 15 at all, and more appropriate to Part 15 than any licensed service?
b. Why aren’t your needs met, or can’t be met, by current Part 15 provisions or by obtaining a license in another applicable service?
c. How will your changes advance the “public interest, convenience, and necessity” (PICON)?
d. Do your changes involve allocation of additional spectrum or reallocation of existing spectrum? What about different modulation modes compared to what are commonly used now?
e. How will existing users (licensed or unlicensed) be affected, how are they to be accommodated, and how and why do the positive aspects of your proposal outweigh the negative ones?
2. FCC can dump your petition (highly probable), table it for examination in the future (maybe), or decide you have a good idea and issue a Notice of Proposed Rulemaking (NPRM).
3. If FCC issues an NPRM, there will be periods available for public comment. FCC will probably have questions that you must comment on. There will also be a reply comment period, so that parties can read each other’s initial comments and reinforce or rebut them. You must adhere to the time periods. FCC can dump any comments made out of format or time. If you don’t comment on format and time, FCC may dump the NPRM.
4. After comments are closed, FCC will hold a hearing (in DC). It would likely be in your interest to be at the hearing, and FCC may order you there (don’t even think about not showing up if ordered and you are serious about getting the NPRM accepted). At the end of the hearing, FCC may accept the NPRM, table it, or reject it. If the NPRM is accepted, it will not be accepted right away. Like all government regulations, it must first be published in the Federal Register a certain time before the change is to become effective.
If you have the resources and background, doing a Petition for Rulemaking will at least be a true education in adminstrative law. Still want to take the plunge?