Encryption is a completely separate issue, and the FCC does not govern use of encryption. All they do is allocate use of frequencies and modes (FM, AM, narrow FM etc). They don't do anything with encryption, which is strictly a local decision. If the state wants to mandate that the media be allowed access to certain encrypted channels, they can do that; as
@mmckenna noted, it's probably the best NYC-ites can hope for.
They do set the technical and some operational standards for the utilization of encryption in the rules, but yes, they do not mandate any operational requirements with regards to 3rd parties and the use thereof in Part 90.
§ 90.212 Provisions relating to the use of scrambling devices and digital voice modulation.
(a) Analog scrambling techniques may be employed at any station authorized the use of A3E, F3E, or G3E emission, subject to the provision of
paragraph (d) of this section.
(b) The use of digital scrambling techniques or digital voice modulation requires the specific authorization of F1E or G1E emission, and these emissions will only be authorized subject to the provisions of
paragraph (d) of this section.
(c) The transmission of any non-voice information or data under the authorization of F1E or G1E emission is prohibited. However, stations authorized the use of F1E or G1E emission may also be authorized F1D, F2D, G1D or G2D emission for non-voice communication purposes, pursuant to
§ 90.207(l).
(d) Station identification shall be transmitted in the unscrambled analog mode (clear voice) or Morse code in accordance with the provisions of
§ 90.425. All digital encoding and digital modulation shall be disabled during station identification.
and
§ 90.553 Encryption.
(a) Encryption is permitted on all but the two nationwide Interoperability calling channels. Radios employing encryption must have a readily accessible switch or other readily accessible control that permits the radio user to disable encryption.
(b) If encryption is employed, then transmitters manufactured after August 11, 2014 must use the Advanced Encryption Standard (AES) specified in ANSI/TIA-102.AAAD-A. Until 2030, manufacturers may also include the Digital Encryption Standard (DES) or Triple Data Encryption Algorithm (TDEA), in addition to but not in place of AES, for compatibility with legacy radios that lack AES capability.
(c)
ANSI/TIA-102.AAAD-A: Project 25 Digital Land Mobile Radio-Block Encryption Protocol, approved August 20, 2009 is incorporated by reference into this section with the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and
1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
fr.inspection@nara.gov. The material may be obtained from the following sources:
(1) Telecommunications Industry Association (TIA), 2500 Wilson Boulevard, Arlington, VA 22201; website:
Telecommunications Industry Association | TIAonline.org | Home.
(2) S&P Global Standards Store, 15 Inverness Way East, Englewood, CO 80112; website:
https://global.ihs.com.
(3) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036; website:
www.ansi.org.
www.amny.com
