Improving Public Safety Communications in the 800 MHz Band; New 800 MHz Band Plan for Puerto Rico and the U.S. Virgin Islands, 35315-35318 [2010-14995]
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Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Rules and Regulations
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 52 as
follows:
■
PART 52—NUMBERING
1. The authority citation for Part 52
continues to read as follows:
■
Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066,
as amended; 47 U.S.C. 151, 152, 154 and 155
unless otherwise noted. Interpret or apply
secs. 3, 4, 201–205, 207–09, 218, 225–27,
251–52, 271 and 332, 48 Stat. 1070, as
amended, 1077; 47 U.S.C. 153, 154, 201–05,
207–09, 218, 225–27, 251–52, 271 and 332
unless otherwise noted.
2. Section 52.26 is amended by
revising paragraph (a) as follows:
■
§ 52.26 NANC Recommendations on Local
Number Portability Administration.
(a) Local number portability
administration shall comply with the
recommendations of the North
American Numbering Council (NANC)
as set forth in the report to the
Commission prepared by the NANC’s
Local Number Portability
Administration Selection Working
Group, dated April 25, 1997 (Working
Group Report) and its appendices,
which are incorporated by reference
pursuant to 5 U.S.C. 552(a) and 1 CFR
part 51. Except that: Section 7.10 of
Appendix D and the following portions
of Appendix E: Section 7, Issue
Statement I of Appendix A, and
Appendix B in the Working Group
Report are not incorporated herein.
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Porting Intervals.
(a) All telecommunications carriers
required by the Commission to port
telephone numbers must complete a
simple wireline-to-wireline or simple
intermodal port request within one
business day unless a longer period is
requested by the new provider or by the
customer. The traditional work week of
Monday through Friday represents
mandatory business days and 8 a.m. to
5 p.m. represents minimum business
hours, excluding the current service
provider’s company-defined holidays.
An accurate and complete Local Service
Request (LSR) must be received by the
current service provider between 8 a.m.
and 1 p.m. local time for a simple port
request to be eligible for activation at
midnight on the same day. Any simple
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4. Section 52.36 is added to read as
follows:
■
§ 52.36 Standard data fields for simple
port order processing.
3. Section 52.35 is revised to read as
follows:
■
§ 52.35
port LSRs received after this time will
be considered received on the following
business day at 8 a.m. local time.
(b) Small providers, as described in
the 2009 LNP Porting Interval Order,
must comply with this section by
February 2, 2011.
(c) Unless directed otherwise by the
Commission, any telecommunications
carrier granted a waiver by the
Commission of the one-business day
porting interval described in paragraph
(a) must complete a simple wireline-towireline or simple intermodal port
request within four business days unless
a longer period is requested by the new
provider or by the customer.
(d) All telecommunications carriers
required by the Commission to port
telephone numbers must complete a
non-simple wireline-to-wireline or nonsimple intermodal port request within
four business days unless a longer
period is requested by the new provider
or by the customer.
(e) For purposes of this section:
(1) The term ‘‘telecommunications
carrier’’ includes an interconnected
Voice over Internet Protocol (VoIP)
provider as that term in defined in
§ 52.21(h);
(2) The term ‘‘local time’’ means the
predominant time zone of the Number
Portability Administration Center
(NPAC) Region in which the telephone
number is being ported; and
(3) The term ‘‘intermodal ports’’
includes
(i) Wireline-to-wireless ports;
(ii) Wireless-to-wireline ports; and
(iii) Ports involving interconnected
VoIP service.
(a) A telecommunications carrier may
require only the data described in
paragraphs (b) and (c) of this section to
accomplish a simple port order request
from an end user customer’s new
telecommunication’s carrier.
(b) Required standard data fields.
(1) Ported telephone number;
(2) Account number;
(3) Zip code;
(4) Company code;
(5) New network service provider;
(6) Desired due date;
(7) Purchase order number;
(8) Version;
(9) Number portability direction
indicator;
(10) Customer carrier name
abbreviation;
(11) Requisition type and status;
(12) Activity;
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(13) Telephone number of initiator;
and
(14) Agency authority status.
(c) Optional standard data field. The
Passcode field shall be optional unless
the passcode has been requested and
assigned by the end user.
(d) For purposes of this section, the
term ‘‘telecommunications carrier’’
includes an interconnected VoIP
provider as that term is defined in
§ 52.21(h).
[FR Doc. 2010–15073 Filed 6–21–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; DA 10–695]
Improving Public Safety
Communications in the 800 MHz Band;
New 800 MHz Band Plan for Puerto
Rico and the U.S. Virgin Islands
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: This document summarizes
the Third Report and Order portion of
the Third Report and Order and Third
Further Notice of Proposed Rulemaking,
which portion establishes a new 800
MHz band plan for the Commonwealth
of Puerto Rico (Puerto Rico).
DATES: Effective July 22, 2010.
FOR FURTHER INFORMATION CONTACT: John
Evanoff, Policy Division, Public Safety
and Homeland Security Bureau, (202)
418–0848.
SUPPLEMENTARY INFORMATION: This is a
summary of the Third Report and Order
portion of the Commission’s Third
Report and Order and Third Further
Notice of Proposed Rulemaking, DA 10–
695, released on April 26, 2010. This
summary should be read in conjunction
with the summary of the Third Further
Notice of Proposed Rulemaking portion
of the Third Report and Order and Third
Further Notice of Proposed Rulemaking
published elsewhere in this issue of the
Federal Register. The complete text of
the Third Report and Order and Third
Further Notice of Proposed Rulemaking
is available for inspection and copying
during normal business hours in the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. The
document may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863–2893, facsimile
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(202) 863–2898, or via e-mail at https://
www.bcpiweb.com. It is also available
on the Commission’s Web site at
https://www.fcc.gov.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Synopsis of the Third Report and Order
In a July 2004 Report and Order, the
Commission reconfigured the 800 MHz
band to eliminate interference to public
safety and other land mobile
communication systems operating in the
band, 69 FR 67823, November 22, 2004.
In a Second Memorandum Opinion and
Order, adopted in May 2007, the
Commission determined that an
alternative band plan was appropriate
for Puerto Rico due to the unique nature
of 800 MHz incumbency in the Puerto
Rico market compared to other markets,
72 FR 39756, July 20, 2007. Rather than
specify a band plan for Puerto Rico, the
Commission directed the 800 MHz
Transition Administrator (TA) to
propose an alternative band plan and
negotiation timetable for Puerto Rico,
based on certain criteria established by
the Commission. The Commission
delegated authority to the Public Safety
and Homeland Security Bureau (Bureau)
to approve or modify the proposed band
plan and timetable, and suspended the
rebanding timetable for Puerto Rico
until a new band plan was adopted. On
October 19, 2007, the TA filed the
requested band plan proposal in this
docket (TA Proposal). On June 30, 2008,
the Bureau sought comment on the TA
Proposal for 800 MHz band
reconfiguration in Puerto Rico as well as
alternative band plans, 73 FR 40274,
July 14, 2008. The Bureau received three
comments and three reply comments in
response to the Further Notice of
Proposed Rulemaking.
Based on the record, the Bureau
adopted the TA Proposal for the nonESMR portion of the band because it
best fulfills the Commission’s goal to
separate—to the greatest extent
possible—public safety and other noncellular licensees from licensees that
employ cellular technology in the 800
MHz band. The non-ESMR band plan
adopted contains the following
elements:
• All NPSPAC licensees will be
relocated from their current 821–824/
866–869 MHz channel assignments to
channel assignments 15 MHz lower in
frequency, i.e., to the 806–809/851–854
MHz band segment.
• As with the non-border U.S. Band
Plan, all Puerto Rico incumbents in the
806–809/851–854 MHz band segment
will be relocated to comparable
spectrum in the Interleaved, Expansion,
or ESMR Band, depending on their
eligibility.
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• All licensees currently operating in
the Interleaved Band will remain on
their current frequencies, except those
relocating to the ESMR band.
• All non-ESMR incumbents that are
not public safety licensees and that
currently operate in the Expansion
Band, as modified, will remain on their
current frequencies.
• Licensees in the modified Guard
Band may, at their option, relocate to
the Interleaved or Expansion Band.
• All licensees that currently operate
between 817–821/862–866 MHz and are
not eligible to remain in the ESMR band
will be relocated to the 809–816.5/854–
861.5 MHz band segment, which
includes the Interleaved and Expansion
Bands of the Puerto Rico Band Plan.
The ESMR Band in Puerto Rico is
identical to the U.S. non-border 817–
824/862–869 MHz ESMR band segment.
Because not all ESMR and ESMReligible licensees in Puerto Rico may be
accommodated within that ESMR Band
segment, the Bureau apportioned the
Puerto Rico ESMR Band and directed
the TA to use the following procedure:
• The TA will attempt to assign
replacement channels to the EA-based
non-Sprint ESMR and ESMR-eligible
licensees on a 1:1 basis relative to their
existing Puerto Rico holdings. If ESMR
channels remain after this assignment,
the TA shall assign them to Sprint.
• If, however, sufficient ESMR
channels are not available to assign
them on a 1:1 basis to all non-Sprint
ESMR and ESMR-eligible licensees
electing to relocate to the ESMR band,
then the number of Sprint ESMR
channels will be reduced to the extent
necessary to assign channels to the nonSprint licensees on a 1:1 basis.
• If sufficient ESMR channels are not
available following the apportionment,
supra, then the holdings of all ESMR
and ESMR-eligible licensees electing to
relocate to the ESMR band will be
reduced pro rata such that all such
licensees are accommodated in the
band.
The Bureau adopted a single 90-day
mandatory negotiation period for the
remaining incumbent licensees that
must be retuned from the 816.5–821/
861.5–866 MHz portion of the band.
Thereafter, if Sprint and an incumbent
licensee have not negotiated a
Frequency Reconfiguration Agreement
with Sprint, they must enter mandatory
TA-sponsored mediation. The Bureau
also established an 18-month transition
period to complete rebanding in Puerto
Rico. The transition period will start 60
days after the effective date of this Third
Report and Order and Third Further
Notice of Proposed Rulemaking.
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The Bureau also extended the filing
freeze on new applications in the Puerto
Rico region until thirty working days
after the date for completion of
mandatory negotiations. However, the
freeze does not apply to applications for
modification of license that do not
change an 800 MHz frequency or
expand an 800 MHz station’s existing
coverage area (e.g., administrative
updates), assignments/transfers, or
renewal-only applications. In addition,
licensees in the Puerto Rico region may
expand their facilities or add channels
during the freeze, but only pursuant to
Special Temporary Authorization
(STA). Requests for STA must be
accompanied by a demonstration that,
without the new or expanded facilities,
there would be a specific, material and
serious adverse effect on the safety of
life or property.
The Bureau also directed the TA to
develop, within 30 days of the effective
date of the Third Report and Order and
Third Further Notice of Proposed
Rulemaking, a detailed Puerto Rico
band reconfiguration timetable with
milestones for completion of each stage
of the process. The timetable shall take
into account variations in licensee
characteristics and shall enumerate the
specific steps required to implement
both Stage 1 relocation of non-public
safety licensees and Stage 2 relocation
of NPSPAC licensees, EA/ESMR
licensees and high-site incumbents. If
necessary, the timetable should also
take into account Stage 3 relocation of
Preferred Communications Systems, Inc.
(PCSI), and Preferred Acquisitions, Inc.
(PAI) EA licenses and, as necessary, pro
rata apportionment of ESMR spectrum
as described above. The Bureau
envisions that the sequence of band
reconfiguration in Puerto Rico will
occur in the following stages:
Stage 1
• Clear non-Sprint incumbent
licensees from Channels 1–120.
• Defer assigning replacement
spectrum for PCSI’s and PAI’s EA
licenses.
Stage 2
• Relocate NPSPAC licensees 15 MHz
lower in frequency to the new NPSPAC
band.
• Relocate EA and site-based ESMR
licensees (except PCSI and PAI) from
the Interleaved channels to the ESMR
band.
• Relocate high-site incumbents from
the ESMR band to the cleared
Interleaved channels.
• Relocate EA/ESMR licensees from
the Guard Band to the cleared ESMR
channels.
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Stage 3 (if necessary)
• Relocate PCSI’s and PAI’s EA and
site based channels to the ESMR band.
• If the ESMR band cannot
accommodate all ESMR band licensees,
then:
Æ Relieve the shortfall by
redesignating Sprint channels for use by
other licensees, and, if necessary,
Æ Reduce the number of all licensees’
channels pro rata in order to
accommodate all licensees within the
ESMR band.
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Procedural Matters
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980
(RFA), requires that a regulatory
flexibility analysis be prepared for
rulemaking proceedings, unless the
agency certifies that ‘‘the rule will not
have a significant economic impact on
a substantial number of small entities.’’
The RFA generally defines ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A small
business concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA). We certify that
the rule changes and actions in this
Third Report and Order will have no
significant economic impact on a
substantial number of small entities.
In this Third Report and Order, the
Public Safety and Homeland Security
Bureau, on delegated authority,
establishes a revised 800 MHz band
plan for Puerto Rico in order to
accomplish the Commission’s goals for
band reconfiguration. The band plan is
identical to the band plan that the
Commission previously adopted in this
proceeding with one exception—the
Puerto Rico band plan includes a
slightly larger Expansion Band and a
slightly smaller Guard Band. The Puerto
Rico Expansion and Guard Bands we
establish will not have a significant
impact on a substantial number of small
businesses, and our aim is to provide
interference protection to non-ESMR
licensees. Furthermore, although ESMR
licensees and ESMR-eligible licensees
may be subject to a pro rata
apportionment of spectrum, the number
of such entities is not substantial, their
operating capacity would not be
significantly reduced, and the economic
effect on their operations would not be
significant. Therefore, we certify that
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the requirements of this Third Report
and Order will not have a significant
economic impact on a substantial
number of small entities.
Paperwork Reduction Act Analysis
This document does not contain new
or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. Therefore it does not
contain any new or modified
‘‘information burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198.
Congressional Review Act
The Commission will send a copy of
this Third Report and Order and Third
Notice of Proposed Rulemaking in a
report to be sent to Congress and the
Government Accountability Office,
pursuant to the Congressional Review
Act.
Ordering Clauses
Accordingly, it is ordered, pursuant to
Sections 4(i) and 332 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 332, and
Sections 0.191 and 0.392 of the
Commission’s rules, 47 CFR 0.191,
0.392, that this Third Report and Order
and Third Further Notice of Proposed
Rulemaking is adopted.
It is further ordered that the
amendments of the Commission’s rules,
set forth below, are effective 30 days
from the date of publication in the
Federal Register.
It is further ordered that the Final
Regulatory Flexibility Certification
required by Section 604 of the
Regulatory Flexibility Act, 5 U.S.C. 604,
and as set forth above is adopted.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Third Report and Order and Third
Further Notice of Proposed Rulemaking,
including the Final Regulatory
Flexibility Certification and Initial
Regulatory Flexibility Act Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 90
Private land mobile radio services.
Federal Communications Commission.
James Arden Barnett, Jr.,
Rear Admiral (Ret.), Chief, Public Safety and
Homeland Security Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
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35317
Commission amends 47 CFR Part 90 as
follows:
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
■
Authority: 4(i), 11, 303(g), 303(r), and
302(c)(7) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7).
2. Section 90.617 is amended by
revising paragraphs (k)(1), and (k)(2),
and adding paragraphs (k)(3) and (k)(4)
to read as follows:
■
§ 90.617 Frequencies in the 809.750–824/
824.750–869 MHz, and 896–901/935–940
MHz bands available for trunked,
conventional or cellular system use in nonborder areas.
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(k) * * *
(1) Mobile units (except in Puerto
Rico):
(i) For channels 511 to 524—the
minimum median desired signal levels
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1)(i) shall apply;
(ii) For channels 524 to 534—the
minimum median desired signal level
shall increase linearly from the values
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1)(i) to ¥70
dBm;
(iii) For channels 534 to 550—the
minimum median desired signal level
shall increase linearly from ¥70 dBm to
¥65 dBm.
(2) Portable units (except in Puerto
Rico):
(i) For channels 511 to 524—the
minimum median desired signal levels
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1)(i) shall apply;
(ii) For channels 524 to 530—the
minimum median desired signal level
shall increase linearly from the values
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1)(i) to ¥80
dBm;
(iii) For channels 530 to 534—the
minimum median desired signal level
shall increase linearly from ¥80 dBm to
¥70 dBm;
(iv) For channels 534 to 550—the
minimum median desired signal level
shall increase linearly from ¥70 dBm to
¥65 dBm.
(3) Mobile units operating in Puerto
Rico:
(i) For channels 511 to 530—the
minimum median desired signal levels
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1)(i) shall apply;
(ii) For channels 531 to 534—the
minimum median desired signal level
shall increase linearly from ¥80.2 dBm
to ¥70 dBm;
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(iii) For channels 534 to 550—the
minimum median desired signal level
shall increase linearly from ¥70 dBm to
¥65 dBm.
(4) Portable units operating in Puerto
Rico:
(i) For channels 511 to 530—the
minimum median desired signal levels
specified in § 22.970(a)(1)(i) of this
chapter and § 90.672(a)(1)(i) shall apply;
(ii) For channels 531 to 534—the
minimum median desired signal level
shall increase linearly from ¥80 dBm to
¥70 dBm;
(iii) For channels 534 to 550—the
minimum median desired signal level
shall increase linearly from ¥70 dBm to
¥65 dBm.
■ 3. Sections 90.677 is amended by
revising paragraphs (b) and (c) to read
as follows:
Among the factors relevant to a ‘‘goodfaith’’ determination are:
(1) Whether the party responsible for
paying the cost of band reconfiguration
has made a bona fide offer to relocate
the incumbent to comparable facilities;
(2) The steps the parties have taken to
determine the actual cost of relocation
to comparable facilities; and
(3) Whether either party has
unreasonably withheld information,
essential to the accurate estimation of
relocation costs and procedures,
requested by the other party. The
Transition Administrator may schedule
mandatory settlement negotiations and
mediation sessions and the parties must
conform to such schedules.
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[FR Doc. 2010–14995 Filed 6–21–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
*
WReier-Aviles on DSKGBLS3C1PROD with RULES
§ 90.677 Reconfiguration of the 806–824/
851–869 band in order to separate cellular
systems from non-cellular systems.
Federal Motor Carrier Safety
Administration
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(b) Voluntary negotiations. Thirty
days before the start date for each
NPSPAC region other than Region 47,
the Chief, Public Safety and Homeland
Security Bureau will issue a public
notice initiating a three-month
voluntary negotiation period. During
this voluntary negotiation period,
Nextel and all incumbents may
negotiate any mutually agreeable
relocation agreement. Sprint Nextel and
relocating incumbents may agree to
conduct face-to-face negotiations or
either party may elect to communicate
with the other party through the
Transition Administrator.
(c) Mandatory negotiations. If no
agreement is reached by the end of the
voluntary period, a three-month
mandatory negotiation period will begin
during which both Sprint Nextel and
the incumbents must negotiate in ‘‘good
faith.’’ In Region 47, a 90-day mandatory
negotiation period will begin 60 days
after the effective date of the Third
Report and Order and Third Further
Notice of Proposed Rulemaking in WT
Docket 02–55. Sprint Nextel and
relocating incumbents may agree to
conduct face-to-face negotiations or
either party may elect to communicate
with the other party through the
Transition Administrator. All parties are
charged with the obligation of utmost
‘‘good faith’’ in the negotiation process.
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49 CFR Parts 365 and 387
[Docket No. FMCSA–2010–0189]
RIN 2126–AB21
Cargo Insurance for Property Loss or
Damage
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
SUMMARY: The Federal Motor Carrier
Safety Administration eliminates the
requirement for most for-hire motor
common carriers of property and freight
forwarders to maintain cargo insurance
in prescribed minimum amounts and
file evidence of this insurance with
FMCSA. Household goods motor
carriers and household goods freight
forwarders will continue to be subject to
this cargo insurance requirement.
DATES: Effective March 21, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Dorothea Grymes, FMCSA Insurance
Team, Commercial Enforcement
Division, telephone (202) 385–2400.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
For access to the docket to read
background documents or comments
received, go to https://
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www.regulations.gov at any time or to
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
Entities That Are Discussed in This
Final Rule
This proceeding applies only to forhire motor carriers and freight
forwarders as defined in 49 U.S.C.
13102. The term ‘‘motor carrier’’ means
a person providing motor vehicle
transportation for compensation.
(§ 13102(14)). The term ‘‘freight
forwarder,’’ in § 13102(8) means a
person holding itself out to the general
public (other than as a pipeline, rail,
motor, or water carrier) to provide
transportation of property for
compensation and in the ordinary
course of its business—
(A) Assembles and consolidates, or
provides for assembling and
consolidating, shipments and performs
or provides for break-bulk and
distribution operations of the
shipments;
(B) assumes responsibility for the
transportation from the place of receipt
to the place of destination; and
(C) uses for any part of the
transportation a carrier subject to
jurisdiction under 49 U.S.C. subtitle IV–
Interstate Transportation.
The term ‘‘freight forwarder’’ does not
include a person using transportation of
an air carrier subject to part A of subtitle
VII of title 49, United States CodeAviation Programs.
Of the approximately 252,600 total
for-hire carriers and freight forwarders,
there are about 166,700 for-hire motor
carriers and 1,600 freight forwarders
registered with FMCSA to provide
transportation or services that could be
subject to cargo insurance requirements
if FMCSA fully implemented its
authority to require motor carriers and
freight forwarders subject to 49 U.S.C.
13906(a)(4) and 13906(c)(2). See Table 1
below. Of these, about 154,700 entities
(contract only and ‘‘exempt’’ type) have
not been subject to the cargo insurance
requirements in the past. About 97,900
of the 252,600 entities are currently
subject to the cargo insurance
requirements. About 4,000 entities have
authority to transport household goods,
which are defined at 49 U.S.C.
13102(10).
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[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Rules and Regulations]
[Pages 35315-35318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14995]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; DA 10-695]
Improving Public Safety Communications in the 800 MHz Band; New
800 MHz Band Plan for Puerto Rico and the U.S. Virgin Islands
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document summarizes the Third Report and Order portion of
the Third Report and Order and Third Further Notice of Proposed
Rulemaking, which portion establishes a new 800 MHz band plan for the
Commonwealth of Puerto Rico (Puerto Rico).
DATES: Effective July 22, 2010.
FOR FURTHER INFORMATION CONTACT: John Evanoff, Policy Division, Public
Safety and Homeland Security Bureau, (202) 418-0848.
SUPPLEMENTARY INFORMATION: This is a summary of the Third Report and
Order portion of the Commission's Third Report and Order and Third
Further Notice of Proposed Rulemaking, DA 10-695, released on April 26,
2010. This summary should be read in conjunction with the summary of
the Third Further Notice of Proposed Rulemaking portion of the Third
Report and Order and Third Further Notice of Proposed Rulemaking
published elsewhere in this issue of the Federal Register. The complete
text of the Third Report and Order and Third Further Notice of Proposed
Rulemaking is available for inspection and copying during normal
business hours in the FCC Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554. The document may
also be purchased from the Commission's duplicating contractor, Best
Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402,
Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893,
facsimile
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(202) 863-2898, or via e-mail at https://www.bcpiweb.com. It is also
available on the Commission's Web site at https://www.fcc.gov.
Synopsis of the Third Report and Order
In a July 2004 Report and Order, the Commission reconfigured the
800 MHz band to eliminate interference to public safety and other land
mobile communication systems operating in the band, 69 FR 67823,
November 22, 2004. In a Second Memorandum Opinion and Order, adopted in
May 2007, the Commission determined that an alternative band plan was
appropriate for Puerto Rico due to the unique nature of 800 MHz
incumbency in the Puerto Rico market compared to other markets, 72 FR
39756, July 20, 2007. Rather than specify a band plan for Puerto Rico,
the Commission directed the 800 MHz Transition Administrator (TA) to
propose an alternative band plan and negotiation timetable for Puerto
Rico, based on certain criteria established by the Commission. The
Commission delegated authority to the Public Safety and Homeland
Security Bureau (Bureau) to approve or modify the proposed band plan
and timetable, and suspended the rebanding timetable for Puerto Rico
until a new band plan was adopted. On October 19, 2007, the TA filed
the requested band plan proposal in this docket (TA Proposal). On June
30, 2008, the Bureau sought comment on the TA Proposal for 800 MHz band
reconfiguration in Puerto Rico as well as alternative band plans, 73 FR
40274, July 14, 2008. The Bureau received three comments and three
reply comments in response to the Further Notice of Proposed
Rulemaking.
Based on the record, the Bureau adopted the TA Proposal for the
non-ESMR portion of the band because it best fulfills the Commission's
goal to separate--to the greatest extent possible--public safety and
other non-cellular licensees from licensees that employ cellular
technology in the 800 MHz band. The non-ESMR band plan adopted contains
the following elements:
All NPSPAC licensees will be relocated from their current
821-824/866-869 MHz channel assignments to channel assignments 15 MHz
lower in frequency, i.e., to the 806-809/851-854 MHz band segment.
As with the non-border U.S. Band Plan, all Puerto Rico
incumbents in the 806-809/851-854 MHz band segment will be relocated to
comparable spectrum in the Interleaved, Expansion, or ESMR Band,
depending on their eligibility.
All licensees currently operating in the Interleaved Band
will remain on their current frequencies, except those relocating to
the ESMR band.
All non-ESMR incumbents that are not public safety
licensees and that currently operate in the Expansion Band, as
modified, will remain on their current frequencies.
Licensees in the modified Guard Band may, at their option,
relocate to the Interleaved or Expansion Band.
All licensees that currently operate between 817-821/862-
866 MHz and are not eligible to remain in the ESMR band will be
relocated to the 809-816.5/854-861.5 MHz band segment, which includes
the Interleaved and Expansion Bands of the Puerto Rico Band Plan.
The ESMR Band in Puerto Rico is identical to the U.S. non-border
817-824/862-869 MHz ESMR band segment. Because not all ESMR and ESMR-
eligible licensees in Puerto Rico may be accommodated within that ESMR
Band segment, the Bureau apportioned the Puerto Rico ESMR Band and
directed the TA to use the following procedure:
The TA will attempt to assign replacement channels to the
EA-based non-Sprint ESMR and ESMR-eligible licensees on a 1:1 basis
relative to their existing Puerto Rico holdings. If ESMR channels
remain after this assignment, the TA shall assign them to Sprint.
If, however, sufficient ESMR channels are not available to
assign them on a 1:1 basis to all non-Sprint ESMR and ESMR-eligible
licensees electing to relocate to the ESMR band, then the number of
Sprint ESMR channels will be reduced to the extent necessary to assign
channels to the non-Sprint licensees on a 1:1 basis.
If sufficient ESMR channels are not available following
the apportionment, supra, then the holdings of all ESMR and ESMR-
eligible licensees electing to relocate to the ESMR band will be
reduced pro rata such that all such licensees are accommodated in the
band.
The Bureau adopted a single 90-day mandatory negotiation period for
the remaining incumbent licensees that must be retuned from the 816.5-
821/861.5-866 MHz portion of the band. Thereafter, if Sprint and an
incumbent licensee have not negotiated a Frequency Reconfiguration
Agreement with Sprint, they must enter mandatory TA-sponsored
mediation. The Bureau also established an 18-month transition period to
complete rebanding in Puerto Rico. The transition period will start 60
days after the effective date of this Third Report and Order and Third
Further Notice of Proposed Rulemaking.
The Bureau also extended the filing freeze on new applications in
the Puerto Rico region until thirty working days after the date for
completion of mandatory negotiations. However, the freeze does not
apply to applications for modification of license that do not change an
800 MHz frequency or expand an 800 MHz station's existing coverage area
(e.g., administrative updates), assignments/transfers, or renewal-only
applications. In addition, licensees in the Puerto Rico region may
expand their facilities or add channels during the freeze, but only
pursuant to Special Temporary Authorization (STA). Requests for STA
must be accompanied by a demonstration that, without the new or
expanded facilities, there would be a specific, material and serious
adverse effect on the safety of life or property.
The Bureau also directed the TA to develop, within 30 days of the
effective date of the Third Report and Order and Third Further Notice
of Proposed Rulemaking, a detailed Puerto Rico band reconfiguration
timetable with milestones for completion of each stage of the process.
The timetable shall take into account variations in licensee
characteristics and shall enumerate the specific steps required to
implement both Stage 1 relocation of non-public safety licensees and
Stage 2 relocation of NPSPAC licensees, EA/ESMR licensees and high-site
incumbents. If necessary, the timetable should also take into account
Stage 3 relocation of Preferred Communications Systems, Inc. (PCSI),
and Preferred Acquisitions, Inc. (PAI) EA licenses and, as necessary,
pro rata apportionment of ESMR spectrum as described above. The Bureau
envisions that the sequence of band reconfiguration in Puerto Rico will
occur in the following stages:
Stage 1
Clear non-Sprint incumbent licensees from Channels 1-120.
Defer assigning replacement spectrum for PCSI's and PAI's
EA licenses.
Stage 2
Relocate NPSPAC licensees 15 MHz lower in frequency to the
new NPSPAC band.
Relocate EA and site-based ESMR licensees (except PCSI and
PAI) from the Interleaved channels to the ESMR band.
Relocate high-site incumbents from the ESMR band to the
cleared Interleaved channels.
Relocate EA/ESMR licensees from the Guard Band to the
cleared ESMR channels.
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Stage 3 (if necessary)
Relocate PCSI's and PAI's EA and site based channels to
the ESMR band.
If the ESMR band cannot accommodate all ESMR band
licensees, then:
[cir] Relieve the shortfall by redesignating Sprint channels for
use by other licensees, and, if necessary,
[cir] Reduce the number of all licensees' channels pro rata in
order to accommodate all licensees within the ESMR band.
Procedural Matters
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980 (RFA), requires that a
regulatory flexibility analysis be prepared for rulemaking proceedings,
unless the agency certifies that ``the rule will not have a significant
economic impact on a substantial number of small entities.'' The RFA
generally defines ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A small business concern is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). We certify that the rule changes
and actions in this Third Report and Order will have no significant
economic impact on a substantial number of small entities.
In this Third Report and Order, the Public Safety and Homeland
Security Bureau, on delegated authority, establishes a revised 800 MHz
band plan for Puerto Rico in order to accomplish the Commission's goals
for band reconfiguration. The band plan is identical to the band plan
that the Commission previously adopted in this proceeding with one
exception--the Puerto Rico band plan includes a slightly larger
Expansion Band and a slightly smaller Guard Band. The Puerto Rico
Expansion and Guard Bands we establish will not have a significant
impact on a substantial number of small businesses, and our aim is to
provide interference protection to non-ESMR licensees. Furthermore,
although ESMR licensees and ESMR-eligible licensees may be subject to a
pro rata apportionment of spectrum, the number of such entities is not
substantial, their operating capacity would not be significantly
reduced, and the economic effect on their operations would not be
significant. Therefore, we certify that the requirements of this Third
Report and Order will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act Analysis
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. Therefore it does not contain any new or
modified ``information burden for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198.
Congressional Review Act
The Commission will send a copy of this Third Report and Order and
Third Notice of Proposed Rulemaking in a report to be sent to Congress
and the Government Accountability Office, pursuant to the Congressional
Review Act.
Ordering Clauses
Accordingly, it is ordered, pursuant to Sections 4(i) and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 332, and
Sections 0.191 and 0.392 of the Commission's rules, 47 CFR 0.191,
0.392, that this Third Report and Order and Third Further Notice of
Proposed Rulemaking is adopted.
It is further ordered that the amendments of the Commission's
rules, set forth below, are effective 30 days from the date of
publication in the Federal Register.
It is further ordered that the Final Regulatory Flexibility
Certification required by Section 604 of the Regulatory Flexibility
Act, 5 U.S.C. 604, and as set forth above is adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Third Report and Order and Third Further Notice of
Proposed Rulemaking, including the Final Regulatory Flexibility
Certification and Initial Regulatory Flexibility Act Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 90
Private land mobile radio services.
Federal Communications Commission.
James Arden Barnett, Jr.,
Rear Admiral (Ret.), Chief, Public Safety and Homeland Security Bureau.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 90 as follows:
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
1. The authority citation for part 90 continues to read as follows:
Authority: 4(i), 11, 303(g), 303(r), and 302(c)(7) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
0
2. Section 90.617 is amended by revising paragraphs (k)(1), and (k)(2),
and adding paragraphs (k)(3) and (k)(4) to read as follows:
Sec. 90.617 Frequencies in the 809.750-824/824.750-869 MHz, and 896-
901/935-940 MHz bands available for trunked, conventional or cellular
system use in non-border areas.
* * * * *
(k) * * *
(1) Mobile units (except in Puerto Rico):
(i) For channels 511 to 524--the minimum median desired signal
levels specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1)(i) shall apply;
(ii) For channels 524 to 534--the minimum median desired signal
level shall increase linearly from the values specified in Sec.
22.970(a)(1)(i) of this chapter and Sec. 90.672(a)(1)(i) to -70 dBm;
(iii) For channels 534 to 550--the minimum median desired signal
level shall increase linearly from -70 dBm to -65 dBm.
(2) Portable units (except in Puerto Rico):
(i) For channels 511 to 524--the minimum median desired signal
levels specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1)(i) shall apply;
(ii) For channels 524 to 530--the minimum median desired signal
level shall increase linearly from the values specified in Sec.
22.970(a)(1)(i) of this chapter and Sec. 90.672(a)(1)(i) to -80 dBm;
(iii) For channels 530 to 534--the minimum median desired signal
level shall increase linearly from -80 dBm to -70 dBm;
(iv) For channels 534 to 550--the minimum median desired signal
level shall increase linearly from -70 dBm to -65 dBm.
(3) Mobile units operating in Puerto Rico:
(i) For channels 511 to 530--the minimum median desired signal
levels specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1)(i) shall apply;
(ii) For channels 531 to 534--the minimum median desired signal
level shall increase linearly from -80.2 dBm to -70 dBm;
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(iii) For channels 534 to 550--the minimum median desired signal
level shall increase linearly from -70 dBm to -65 dBm.
(4) Portable units operating in Puerto Rico:
(i) For channels 511 to 530--the minimum median desired signal
levels specified in Sec. 22.970(a)(1)(i) of this chapter and Sec.
90.672(a)(1)(i) shall apply;
(ii) For channels 531 to 534--the minimum median desired signal
level shall increase linearly from -80 dBm to -70 dBm;
(iii) For channels 534 to 550--the minimum median desired signal
level shall increase linearly from -70 dBm to -65 dBm.
0
3. Sections 90.677 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 90.677 Reconfiguration of the 806-824/851-869 band in order to
separate cellular systems from non-cellular systems.
* * * * *
(b) Voluntary negotiations. Thirty days before the start date for
each NPSPAC region other than Region 47, the Chief, Public Safety and
Homeland Security Bureau will issue a public notice initiating a three-
month voluntary negotiation period. During this voluntary negotiation
period, Nextel and all incumbents may negotiate any mutually agreeable
relocation agreement. Sprint Nextel and relocating incumbents may agree
to conduct face-to-face negotiations or either party may elect to
communicate with the other party through the Transition Administrator.
(c) Mandatory negotiations. If no agreement is reached by the end
of the voluntary period, a three-month mandatory negotiation period
will begin during which both Sprint Nextel and the incumbents must
negotiate in ``good faith.'' In Region 47, a 90-day mandatory
negotiation period will begin 60 days after the effective date of the
Third Report and Order and Third Further Notice of Proposed Rulemaking
in WT Docket 02-55. Sprint Nextel and relocating incumbents may agree
to conduct face-to-face negotiations or either party may elect to
communicate with the other party through the Transition Administrator.
All parties are charged with the obligation of utmost ``good faith'' in
the negotiation process. Among the factors relevant to a ``good-faith''
determination are:
(1) Whether the party responsible for paying the cost of band
reconfiguration has made a bona fide offer to relocate the incumbent to
comparable facilities;
(2) The steps the parties have taken to determine the actual cost
of relocation to comparable facilities; and
(3) Whether either party has unreasonably withheld information,
essential to the accurate estimation of relocation costs and
procedures, requested by the other party. The Transition Administrator
may schedule mandatory settlement negotiations and mediation sessions
and the parties must conform to such schedules.
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[FR Doc. 2010-14995 Filed 6-21-10; 8:45 am]
BILLING CODE 6712-01-P
