Improving Public Safety Communications in the 800 MHz Band; New 800 MHz Band Plan for Puerto Rico and the U.S. Virgin Islands, 11681-11683 [2011-4787]
Download as PDF
Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
contained in FCC Form 337. The form
changes were approved on February 7,
2011.
DATES: The amendments to FCC Form
337 are effective on March 3, 2011.
FOR FURTHER INFORMATION CONTACT: For
additional information, please contact
Cathy Williams, cathy.williams@fcc.gov
or on (202) 418–2918.
SUPPLEMENTARY INFORMATION: This
document announces that, on February
7, 2011, OMB approved, for a period of
three years, the information collection
requirements contained in FCC Form
337. The Commission publishes this
document to announce the effective date
of FCC Form 337. See In the Matter of
Amendment of Parts 73 and 74 of the
Commission’s Rules to Establish Rules
for Digital Low Power, Television
Translator, and Television Booster
Stations and to Amend Rules for Digital
Class A Class A Television Stations, MB
Docket No. 03–185, FCC 04–220, 69 FR
69325, November 29, 2004.
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
February 7, 2011, for the information
collection requirements contained in
FCC Form 337. Under 5 CFR part 1320,
an agency may not conduct or sponsor
a collection of information unless it
displays a current, valid OMB Control
Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a valid OMB Control Number.
The OMB Control Number is 3060–
0386 and the total annual reporting
burdens for respondents for this
information collection are as follows:
OMB Control Number: 3060–0386.
OMB Approval Date: February 7,
2011.
Expiration Date: February 28, 2014.
Title: Special Temporary
Authorization (STA) Requests;
Notifications; and Informal Filings;
Sections 1.5, 73.1615, 73.1635, 73.1740
and 73.3598; CDBS Informal Forms;
Section 74.788; FCC Form 337.
Form Number: FCC Form 337.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for
profit entities; not-for-profit institutions;
State, Local or Tribal Governments.
Number of Respondents/Responses:
4,070 respondents and 4,070 responses.
Estimated Time per Response: 0.5–4
hours.
Frequency of Response: On occasion
reporting requirement.
VerDate Mar<15>2010
13:37 Mar 02, 2011
Jkt 223001
Total Annual Burden: 4,105 hours.
Total Annual Costs: $2,059,410.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections 1,
4(i) and (j), 7, 301, 302, 303, 307, 308,
309, 312, 316, 318, 319, 324, 325, 336
and 337 of the Communications Act of
1934, as amended, and Section 204 of
the Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On September 30,
2004, the Commission adopted the
Report and Order, In the Matter of
Amendments of Parts 73 and 74 of the
Commission’s Rules to Establish Rules
for Digital Low Power Television
Translator, Television Booster Stations,
and to Amend Rules for Digital Class A
Television Stations, MB Docket No. 03–
185, FCC 04–220 (released September
30, 2004). In this Report and Order, the
Commission establishes rules and
policies for digital low power television
(‘‘LPTV’’) and television translator (‘‘TV
translator’’) stations and modifies certain
rules applicable to digital Class A TV
stations (‘‘Class A’’). The Commission
addresses important issues such as: (1)
The digital low power television
transition; (2) channel assignments; (3)
authorization of digital service; (4)
permissible service; (5) mutually
exclusive applications; (6) protected
service area; and (7) equipment and
other technical and operational
requirements. Furthermore, the Report
and Order adopts a new information
collection requirements, which provides
that new digital low power television,
television translator, and Class A
permittees may submit FCC Form 337,
Application for Extension of Time to
Construct a Digital Television Broadcast
Station, should an acceptable reason for
failing to construct, as set forth in 47
CFR 74.788(c)(1)–(2), apply.
Also, the other information collection
requirements contained under OMB
control number 3060–0386, Special
Temporary Authorization (STA)
Requests; Notifications; and Informal
Filings; Sections 1.5, 73.1615, 73.1635,
73.1740, and 73.3598 of the Commission
Rules; CDBS Informal Forms, have
already been approved by OMB and
remain unchanged.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
11681
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2011–3959 Filed 3–2–11; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; DA 11–315]
Improving Public Safety
Communications in the 800 MHz Band;
New 800 MHz Band Plan for Puerto
Rico and the U.S. Virgin Islands
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document summarizes
the Fourth Report and Order, which
establishes a new 800 MHz band plan
for the U.S. Virgin Islands (USVI). This
action is necessary to meet the
Commission’s goals to improve public
safety communications in the 800 MHz
band. The effect of this order ensures an
orderly and efficient transition to the
new 800 MHz band plan in the USVI.
DATES: Effective March 3, 2011.
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 Fourth Report and
Order, DA 11–315, released on February
18, 2011. The complete text of the
Fourth Report and Order 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
(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.
SUMMARY:
Synopsis of the Fourth 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 Third Report and Order and Third
E:\FR\FM\03MRR1.SGM
03MRR1
erowe on DSK5CLS3C1PROD with RULES
11682
Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Rules and Regulations
Further Notice of Proposed Rulemaking,
adopted in April 2010, the Public Safety
and Homeland Security Bureau, on
delegated authority sought comment on
its tentative conclusion to adopt the
same 800 MHz band plan in the USVI
as it had adopted in Puerto Rico, 75 FR
35363, June 22, 2010. The Bureau
received two comments in response.
Based on the record, the Bureau
adopted its tentative conclusion 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 channels will be
relocated from the 821–824/866–869
MHz segment to channel assignments 15
MHz lower in frequency, i.e., to the
806–809/851–854 MHz band segment.
Currently, there are no NPSPAC
licensees in the USVI.
• As with the Puerto Rico band plan,
USVI 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 USVI Band Plan.
The ESMR Band in the USVI is
identical to the U.S. non-border 817–
824/862–869 MHz ESMR band segment.
Because not all ESMR and ESMReligible licensees in USVI may be
accommodated within that ESMR Band
segment, the Bureau apportioned the
USVI 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 USVI 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
VerDate Mar<15>2010
13:37 Mar 02, 2011
Jkt 223001
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 returned 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 a 12-month transition
period to complete rebanding in USVI.
The transition period will start on
March 21, 2011 and end on March 20,
2012.
The Bureau also extended the filing
freeze on new applications in the USVI
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 USVI 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 envisioned band
reconfiguration in USVI will occur in
the following stages, consistent with the
Puerto Rico implementation plan:
Stage 1
• Clear non-Sprint incumbent
licensees from Channels 1–120. Defer
assigning replacement spectrum for
Preferred Acquisitions, Inc. (PAI) EA
licenses.
Stage 2
• Relocate EA and site-based ESMR
licensees (except PAI) from the
Interleaved channels to the ESMR band.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
• 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.
Stage 3 (If Necessary)
• Relocate 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.
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
Fourth Report and Order will have no
significant economic impact on a
substantial number of small entities.
In this Fourth Report and Order, the
Public Safety and Homeland Security
Bureau, on delegated authority,
establishes a revised 800 MHz band
plan for the USVI 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
USVI band plan, identical to the Puerto
Rico band plan, includes a slightly
larger Expansion Band and a slightly
smaller Guard Band. The USVI
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
E:\FR\FM\03MRR1.SGM
03MRR1
Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Rules and Regulations
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 Fourth 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 Fourth Report and Order in a report
to be sent to Congress and the
Government Accountability Office,
pursuant to the Congressional Review
Act.
erowe on DSK5CLS3C1PROD with RULES
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 Fourth Report and Order
is adopted.
It is further ordered that the
amendments of the Commission’s rules
set forth below, are effective, upon the
date of publication in the Federal
Register.
It is further ordered that the Final
Regulatory Flexibility Certification
required by Section 604 of the
13:37 Mar 02, 2011
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Michael J. Wilhelm,
Deputy Chief, Policy Division, Public Safety
and Homeland Security Bureau.
Final Rules
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
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 the introductory text to
paragraphs (k)(1)through (k)(4) to read
as follows:
■
Ordering Clauses
VerDate Mar<15>2010
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 Fourth Report and Order, including
the Final Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
Jkt 223001
§ 90.617 Frequencies in the 809.750–824/
854.750–869 MHz, and 896–901/935–940
MHz bands available for trunked,
conventional or cellular system use in nonborder areas.
*
*
*
*
*
(k) * * *
(1) Mobile units (except in Puerto
Rico and the U.S. Virgin Islands):
*
*
*
*
*
(2) Portable units (except in Puerto
Rico and the U.S. Virgin Islands):
*
*
*
*
*
PO 00000
Frm 00017
Fmt 4700
Sfmt 9990
11683
(3) Mobile units operating in Puerto
Rico and the U.S. Virgin Islands:
*
*
*
*
*
(4) Portable units operating in Puerto
Rico and the U.S. Virgin Islands:
*
*
*
*
*
3. Section 90.677 is amended by
revising the first sentence in paragraph
(b) and revising paragraph (c)
introductory text to read as follows:
■
§ 90.677 Reconfiguration of the 806–824/
851–869 MHz 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
and Region 48, the Chief, Public Safety
and Homeland Security Bureau will
issue a public notice initiating a threemonth voluntary negotiation period.
* * *
(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. In Region 48, a 90-day
mandatory negotiation period will begin
on March 21, 2011. 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 ‘‘goodfaith’’ determination are:
*
*
*
*
*
[FR Doc. 2011–4787 Filed 3–2–11; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\03MRR1.SGM
03MRR1
Agencies
[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Rules and Regulations]
[Pages 11681-11683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4787]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; DA 11-315]
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 Fourth Report and Order, which
establishes a new 800 MHz band plan for the U.S. Virgin Islands (USVI).
This action is necessary to meet the Commission's goals to improve
public safety communications in the 800 MHz band. The effect of this
order ensures an orderly and efficient transition to the new 800 MHz
band plan in the USVI.
DATES: Effective March 3, 2011.
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 Fourth Report and
Order, DA 11-315, released on February 18, 2011. The complete text of
the Fourth Report and Order 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 (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 Fourth 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 Third Report and Order and Third
[[Page 11682]]
Further Notice of Proposed Rulemaking, adopted in April 2010, the
Public Safety and Homeland Security Bureau, on delegated authority
sought comment on its tentative conclusion to adopt the same 800 MHz
band plan in the USVI as it had adopted in Puerto Rico, 75 FR 35363,
June 22, 2010. The Bureau received two comments in response.
Based on the record, the Bureau adopted its tentative conclusion
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 channels will be relocated from the 821-824/
866-869 MHz segment to channel assignments 15 MHz lower in frequency,
i.e., to the 806-809/851-854 MHz band segment. Currently, there are no
NPSPAC licensees in the USVI.
As with the Puerto Rico band plan, USVI 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 USVI Band Plan.
The ESMR Band in the USVI 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 USVI may be accommodated within that ESMR Band
segment, the Bureau apportioned the USVI 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 USVI 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 returned 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 a 12-month transition period to
complete rebanding in USVI. The transition period will start on March
21, 2011 and end on March 20, 2012.
The Bureau also extended the filing freeze on new applications in
the USVI 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 USVI 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 envisioned band reconfiguration in USVI will occur
in the following stages, consistent with the Puerto Rico implementation
plan:
Stage 1
Clear non-Sprint incumbent licensees from Channels 1-120.
Defer assigning replacement spectrum for Preferred Acquisitions, Inc.
(PAI) EA licenses.
Stage 2
Relocate EA and site-based ESMR licensees (except 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.
Stage 3 (If Necessary)
Relocate 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 Fourth Report and Order will have no significant
economic impact on a substantial number of small entities.
In this Fourth Report and Order, the Public Safety and Homeland
Security Bureau, on delegated authority, establishes a revised 800 MHz
band plan for the USVI 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 USVI band plan, identical to the Puerto Rico band plan,
includes a slightly larger Expansion Band and a slightly smaller Guard
Band. The USVI 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
[[Page 11683]]
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 Fourth
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 Fourth Report and Order 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 Fourth Report and Order is adopted.
It is further ordered that the amendments of the Commission's rules
set forth below, are effective, upon 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 Fourth Report and Order, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 90
Radio.
Federal Communications Commission.
Michael J. Wilhelm,
Deputy Chief, Policy Division, Public Safety and Homeland Security
Bureau.
Final Rules
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 the introductory text to
paragraphs (k)(1)through (k)(4) to read as follows:
Sec. 90.617 Frequencies in the 809.750-824/854.750-869 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 and the U.S. Virgin
Islands):
* * * * *
(2) Portable units (except in Puerto Rico and the U.S. Virgin
Islands):
* * * * *
(3) Mobile units operating in Puerto Rico and the U.S. Virgin
Islands:
* * * * *
(4) Portable units operating in Puerto Rico and the U.S. Virgin
Islands:
* * * * *
0
3. Section 90.677 is amended by revising the first sentence in
paragraph (b) and revising paragraph (c) introductory text to read as
follows:
Sec. 90.677 Reconfiguration of the 806-824/851-869 MHz 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 and Region 48, the Chief,
Public Safety and Homeland Security Bureau will issue a public notice
initiating a three-month voluntary negotiation period. * * *
(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. In Region 48, a 90-day mandatory negotiation period
will begin on March 21, 2011. 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:
* * * * *
[FR Doc. 2011-4787 Filed 3-2-11; 8:45 am]
BILLING CODE 6712-01-P