Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, 62461-62463 [2012-25235]
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62461
Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
State effective
date
Provision
*
*
York County 1997 8-hour ozone reasonable further progress plan.
Update for York County 1997 8-hour
ozone reasonable further progress
plan.
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 27, and 90
[PS Docket 12–94; PS Docket No. 06–229;
WT Docket 06–150; DA 12–1462]
Implementing Public Safety Broadband
Provisions of the Middle Class Tax
Relief and Job Creation Act of 2012
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Public
Safety and Homeland Security Bureau
(Bureau) of the Commission
implemented certain provisions of the
Middle Class Tax Relief and Job
Creation Act of 2012 (Public Safety
Spectrum Act) governing deployment of
a nationwide public safety broadband
network in the 700 MHz band. Pursuant
to clear statutory directives, the Bureau
reallocated the D Block (758–763/788–
793 MHz) for ‘‘public safety services’’
and delete Commission rules that are
plainly inconsistent with this revised
allocation; deleted the rules
establishing, providing license authority
with respect to, and governing
operations under the Public Safety
Broadband License in the existing
public safety broadband spectrum; and
adopted rules implementing the clear
mandate of the Public Safety Spectrum
Act to grant a license with respect to the
public safety broadband spectrum (763–
768/793–798 MHz), guard band (768–
769/798–799 MHz), and the D Block to
the First Responder Network Authority
(FirstNet). By eliminating any confusion
or uncertainty about the new regulatory
framework applicable to the public
safety broadband network, these action
takes further steps necessary to facilitate
the transition of this spectrum to
FirstNet as required by the Act.
DATES: Effective November 14, 2012,
except for the removal of §§ 90.18 and
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15:18 Oct 12, 2012
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10/15/12 [Insert citation of publication] ..
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Original submission.
04/29/10
BILLING CODE 6560–50–P
VerDate Mar<15>2010
Explanation
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08/31/07
[FR Doc. 2012–25172 Filed 10–12–12; 8:45 am]
SUMMARY:
EPA Approval date
10/15/12 [Insert citation of publication] ..
Original submission updated to include
required 2008 VOC MVEB.
90.528 of the Commission’s rules. The
Commission will publish a separate
document in the Federal Register
announcing the subsequent effective
date of these removals.
FOR FURTHER INFORMATION CONTACT:
Gene Fullano, Federal Communications
Commission, Public Safety and
Homeland Security Bureau, 445 12th
Street SW., Room 7–C747, Washington,
DC 20554. Telephone: (202)–418–0492,
email: genaro.fullano@fcc.gov.
SUPPLEMENTARY INFORMATION: In the
Report and Order, DA 12–1462, adopted
and released September 7, 2012, the
Bureau implements certain provisions
of the Middle Class Tax Relief and Job
Creation Act of 2012 (‘‘Public Safety
Spectrum Act’’ or ‘‘Act’’) 1 governing
deployment of a nationwide public
safety broadband network in the 700
MHz band. The Public Safety Spectrum
Act establishes the First Responder
Network Authority (FirstNet) to oversee
the construction and operation of this
network as licensee of both the ‘‘existing
public safety broadband spectrum’’
(763–769/793–799 MHz) and the
spectrally adjacent ‘‘700 MHz D Block
spectrum’’ (758–763/788–793 MHz).2
The Act directs the Federal
Communications Commission (FCC or
Commission) to reallocate the D Block
for public safety services,3 to license the
D Block and the existing public safety
broadband spectrum to FirstNet 4 and to
take other actions necessary to
‘‘facilitate the transition’’ of the existing
public safety broadband spectrum to
FirstNet.
In the Report and Order, the Bureau
implements clear directives of Congress
set forth in the Public Safety Spectrum
Act. The Bureau reallocates the D Block
for ‘‘public safety services’’ and deletes
Commission rules that are plainly
1 See Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. No. 112–96, 126 Stat. 156
(2012).
2 See id. Secs. 6201(a), 6202 and 6204(a); see also
id. sec. 6001(2) (defining ‘‘700 MHz D Block
spectrum’’) and (14) (defining ‘‘existing public
safety broadband spectrum’’).
3 See id. sec. 6101.
4 See id. sec. 6201(a).
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inconsistent with this revised
allocation. It also deletes the
Commission rules establishing,
providing license authority with respect
to, and governing operations under the
Public Safety Broadband License in the
existing public safety broadband
spectrum. The Bureau replaces these
with rules implementing the clear
mandate of the Public Safety Spectrum
Act to grant a license with respect to
this spectrum and the D Block to
FirstNet. The rule changes adopted by
the Bureau in this order are strictly
limited to implementation of aspects of
that mandate that leave no room for
agency discretion, and thus fall within
the Bureau’s delegated authority and are
consistent with the requirements of the
Administrative Procedure Act.5 As
noted below, by eliminating any
confusion or uncertainty about the new
regulatory framework applicable to the
public safety broadband network, the
Bureau’s action takes further steps
necessary to facilitate the transition of
this spectrum to FirstNet as the
prospective licensee established by the
Act;. The Report and Order is available
at https://transition.fcc.gov/
Daily_Releases/Daily_Business/2012/
db0907/DA-12-1462A1.pdf.
This Report and Order will become
effective November 14, 2012, except for
the deletion of sections 90.18 and
90.528 of the Commission’s rules.
Following that date, the Commission
will publish a separate notice in the
Federal Register announcing the
subsequent effective date of these rule
deletions, which shall be the date of
issuance of a license to the First
Responder Network Authority pursuant
to Section 6201(a) of the Middle Class
Tax Relief and Job Creation Act of 2012.
Under Section 603(a) of the
Regulatory Flexibility Act (RFA), the
Commission is not required to prepare
a final regulatory flexibility analysis
relating to the Report and Order because
it was not required to publish general
notice of proposed rulemaking before
effecting the rule changes set forth
5 See
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id.; 5 U.S.C. 553(b)(B).
15OCR1
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
therein. The Report and Order contains
no new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. The
Commission shall send a copy of the
Report and Order in a report to be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects
47 CFR Part 0
Classified information, Freedom of
information, Government publications,
Infants and children, Organization and
functions (Government agencies),
Privacy, Reporting and recordkeeping
requirements, Sunshine Act.
47 CFR Part 27
Communications common carriers,
Radio.
Federal Communications Commission.
Timothy A. Peterson,
Chief of Staff, Public Safety and Homeland
Security Bureau.
For the reasons discussed in the
preamble, The Federal Communications
Commission amends 47 CFR parts 0, 27,
and 90 as follows:
PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: Secs. 5, 48 Stat. 1068, as
amended; 47 U.S.C. 155.
[Amended]
2. Section 0.181 is amended by
removing paragraph (k).
■
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICES
3. The authority citation for part 27
continues to read as follows:
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■
Authority: 47 U.S.C. 154, 301, 302, 303,
307, 309, 332, 336, and 337 unless otherwise
noted.
4. Section 27.1 is amended by revising
paragraph (b)(2) to read as follows:
■
15:18 Oct 12, 2012
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(b) * * *
(2) 746–758 MHz, 775–788 MHz, and
805–806 MHz.
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*
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§ 27.4
[Amended]
5. Section 27.4 is amended by
removing the following definitions ‘‘700
MHz Public/Private Partnership,’’
‘‘Network Assets Holder,’’ ‘‘Network
Sharing Agreement (NSA)’’ Operating
Company,’’ ‘‘Public Safety Broadband
License,’’ ‘‘Special Purpose Bankruptcy
Remote Entity Public Safety Broadband
Licensee,’’ ‘‘Shared Wireless Broadband
Network,’’ ‘‘Special Purpose Bankruptcy
Remote Entity,’’ ‘‘Upper 700 MHz D
Block license,’’ ‘‘Upper 700 MHz D
Block licensee.’’
■ 6. Section 27.5 is amended by revising
paragraph (b) to read as follows:
■
Frequencies.
*
Administrative practice and
procedure, Business and industry, Civil
defense, Common carriers,
Communications equipment, Emergency
medical services, Incorporation by
reference, Individuals with disabilities,
Radio, Reporting and recordkeeping
requirements.
VerDate Mar<15>2010
Basis and purpose.
*
§ 27.5
47 CFR Part 90
§ 0.181
§ 27.1
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(b) 746–758 MHz, 775–788 MHz, and
805–806 MHz bands. The following
frequencies are available for licensing
pursuant to this part in the 746–758
MHz, 775–788 MHz, and 805–806 MHz
bands:
(1) Two paired channels of 1
megahertz each are available for
assignment in Block A in the 757–758
MHz and 787–788 MHz bands.
(2) Two paired channels of 1
megahertz each are available for
assignment in Block B in the 775–776
MHz and 805–806 MHz bands.
(3) Two paired channels of 11
megahertz each are available for
assignment in Block C in the 746–757
MHz and 776–787 MHz bands. In the
event that no licenses for two channels
in this Block C are assigned based on
the results of the first auction in which
such licenses were offered because the
auction results do not satisfy the
applicable reserve price, the spectrum
in the 746–757 MHz and 776–787 MHz
bands will instead be made available for
assignment at a subsequent auction as
follows:
(i) Two paired channels of 6
megahertz each available for assignment
in Block C1 in the 746–752 MHz and
776–782 MHz bands.
(ii) Two paired channels of 5
megahertz each available for assignment
in Block C2 in the 752–757 MHz and
782–787 MHz bands.
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Subpart N—[Removed]
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8. The authority citation for part 90 is
amended to read as follows:
■
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of
the Middle Class Tax Relief and Job Creation
Act of 2012, Pub. L. 112–96, 126 Stat. 156.
9. Section 90.7 is amended by
removing the following definitions ‘‘700
MHz Public/Private Partnership,’’
‘‘Network Assets Holder,’’ ‘‘Network
Sharing Agreement (NSA),’’ ‘‘Operating
company,’’ ‘‘Public safety broadband
license,’’ ‘‘Public Safety Broadband
Licensee,’’ ‘‘Public safety broadband
network operator,’’ ‘‘Shared Wireless
Broadband Network, ’’ ‘‘Special Purpose
Bankruptcy Remote Entity,’’ ‘‘Upper 700
MHz D Block license,’’ ‘‘Upper 700 MHz
D Block licensee,’’ and adding.the
definition ‘‘First Responder Network
Authority’’ to read as follows:
■
§ 90.7
Definitions.
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First Responder Network Authority.
An entity established by the Middle
Class Tax Relief and Job Creation Act of
2012 as an independent authority
within the National
Telecommunications and Information
Administration and designated by that
statute to hold a nationwide license
associated with the 758–769 MHz and
788–799 MHz bands for use in
deploying a nationwide public safety
broadband network.
*
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§ 90.18
■
■
[Removed]
10. Section 90.18 is removed.
11. Add § 90.19 to read as follows:
§ 90.19 Nationwide Public Safety
Broadband Network.
Pursuant to the Middle Class Tax
Relief and Job Creation Act of 2012,
Public Law 112–96, 126 Stat. 156
(2012), the 758–769 MHz and 788–799
MHz bands are allocated for use by the
First Responder Network Authority to
deploy a nationwide public safety
broadband network as prescribed by
statute.
■ 12. Section 90.20 is amended in the
table in paragraph (c)(3) by removing
the entries for ‘‘763 to 775’’ and ‘‘793 to
‘‘805’’ and adding in their place entries
for ‘‘758 to 775’’ and ‘‘788 to 805’’ and
by revising paragraph (d)(77) to read as
follows:
§ 90.20
7. Remove subpart N, consisting of
§§ 27.1301 through 27.1340.
■
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
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Public Safety Pool.
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(c) * * *
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Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations
(3) Frequencies.
PUBLIC SAFETY POOL FREQUENCY TABLE
Frequency or band
Class of station(s)
Limitations
*
*
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*
758 to 775 ................................................................. Base, mobile .............................................................
788 to 805 ................................................................. Mobile .......................................................................
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(d) * * *
(77) Subpart R of this part contains
rules for assignment of channels in the
758–775 MHz and 788–805 MHz bands.
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Subpart R—Regulations Governing the
Licensing and Use of Frequencies in
the 758–775 and 788–805 MHz Bands
13. Revise the subpart heading to
subpart R to read as set forth above.
■ 14. Section 90.521 is amended by
revising the first sentence to read as
follows:
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application for the renewal of such
license. Such renewal application shall
demonstrate that, during the preceding
license term, the First Responder
Network Authority has met the duties
and obligations set forth under the
foregoing Act. A renewal license shall
be for a term not to exceed ten years.
Subpart AA [Removed]
18. Remove subpart AA, consisting of
§§ 90.1401 through 90.1440.
■
[Docket No. 0907271173–0629–03]
[Removed]
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–XC135
15. Remove § 90.528.
■ 16. Section 90.531 is amended by
revising the introductory text and
paragraph (g) to read as follows:
■
Band plan.
This section sets forth the band plan
for the 758–775 MHz and 788–805 MHz
public safety bands.
*
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*
(g) Broadband. The 758–768 MHz and
788–798 MHz bands are allocated for
broadband communications.
■ 17. Add § 90.532 to read as follows:
§ 90.532 Licensing of the 758–769 MHz and
788–799 MHz Bands.
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SASWG, SASWG will not reopen until
May 1, 2013. In the South Atlantic,
SASWG means gag, black grouper, red
grouper, scamp, red hind, rock hind,
yellowmouth grouper, yellowfin
grouper, graysby, and coney. This action
is necessary to reduce overfishing of the
South Atlantic gag and other SASWG
resources.
This rule is effective 12:01 a.m.,
local time, October 20, 2012, until 12:01
a.m., local time, January 1, 2013.
Catherine Hayslip, telephone: 727–824–
5305, email:
Catherine.Hayslip@noaa.gov.
§ 90.528
Pursuant to Section 6201 of the
Middle Class Tax Relief and Job
Creation Act of 2012, Public Law 112–
96, 126 Stat. 156 (2012), a nationwide
license for use of the 758–769 MHz and
788–799 MHz bands shall be issued to
the First Responder Network Authority
for a initial license term of ten years
from the date of the initial issuance of
the license. Prior to expiration of the
term of such initial license, the First
Responder Network Authority shall
submit to the Commission an
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FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
15:18 Oct 12, 2012
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PX
PX
BILLING CODE 6712–01–P
Scope.
VerDate Mar<15>2010
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77
77
[FR Doc. 2012–25235 Filed 10–11–12; 11:15 am]
This subpart sets forth the regulations
governing the licensing and operations
of all systems operating in the 758–775
MHz and 788–805 MHz frequency
bands. * * *
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§ 90.531
*
DATES:
■
§ 90.521
Coordinator
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2012
Commercial Accountability Measure
and Closure for South Atlantic Gag
and South Atlantic Shallow-Water
Grouper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
commercial sector for gag in the
exclusive economic zone (EEZ) of the
South Atlantic. Commercial landings for
gag, as estimated by the Science
Research Director, are projected to reach
the commercial annual catch limit
(ACL) on October 20, 2012. Therefore,
NMFS closes the commercial sector for
gag and all other South Atlantic
Shallow-Water Grouper (SASWG) on
October 20, 2012 for the remainder of
the 2012 fishing year, through December
31, 2012. Because there is a January
through April seasonal closure for
SUMMARY:
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The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). Gag in the South Atlantic
are managed under this FMP. The FMP
was prepared by the South Atlantic
Fishery Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act by
regulations at 50 CFR part 622.
The commercial ACL (commercial
quota) for gag in the South Atlantic is
352,940 lb (160,091 kg), gutted weight,
for the current fishing year, as specified
in 50 CFR 622.42(e)(7).
In accordance with regulations at 50
CFR 622.49(b)(3)(i), NMFS is required to
close the commercial sector for gag and
all other SASWG when the commercial
ACL (commercial quota) for gag has
been reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL (commercial quota) for
South Atlantic gag will be reached by
October 20. Accordingly, the
commercial sector for South Atlantic
gag and all other SASWG is closed
effective 12:01 a.m., local time, October
20, 2012, until 12:01 a.m., local time,
January 1, 2013. The recreational sector
will continue to remain open until
December 31, 2012.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62461-62463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25235]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 27, and 90
[PS Docket 12-94; PS Docket No. 06-229; WT Docket 06-150; DA 12-1462]
Implementing Public Safety Broadband Provisions of the Middle
Class Tax Relief and Job Creation Act of 2012
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Public Safety and Homeland Security
Bureau (Bureau) of the Commission implemented certain provisions of the
Middle Class Tax Relief and Job Creation Act of 2012 (Public Safety
Spectrum Act) governing deployment of a nationwide public safety
broadband network in the 700 MHz band. Pursuant to clear statutory
directives, the Bureau reallocated the D Block (758-763/788-793 MHz)
for ``public safety services'' and delete Commission rules that are
plainly inconsistent with this revised allocation; deleted the rules
establishing, providing license authority with respect to, and
governing operations under the Public Safety Broadband License in the
existing public safety broadband spectrum; and adopted rules
implementing the clear mandate of the Public Safety Spectrum Act to
grant a license with respect to the public safety broadband spectrum
(763-768/793-798 MHz), guard band (768-769/798-799 MHz), and the D
Block to the First Responder Network Authority (FirstNet). By
eliminating any confusion or uncertainty about the new regulatory
framework applicable to the public safety broadband network, these
action takes further steps necessary to facilitate the transition of
this spectrum to FirstNet as required by the Act.
DATES: Effective November 14, 2012, except for the removal of
Sec. Sec. 90.18 and 90.528 of the Commission's rules. The Commission
will publish a separate document in the Federal Register announcing the
subsequent effective date of these removals.
FOR FURTHER INFORMATION CONTACT: Gene Fullano, Federal Communications
Commission, Public Safety and Homeland Security Bureau, 445 12th Street
SW., Room 7-C747, Washington, DC 20554. Telephone: (202)-418-0492,
email: genaro.fullano@fcc.gov.
SUPPLEMENTARY INFORMATION: In the Report and Order, DA 12-1462, adopted
and released September 7, 2012, the Bureau implements certain
provisions of the Middle Class Tax Relief and Job Creation Act of 2012
(``Public Safety Spectrum Act'' or ``Act'') \1\ governing deployment of
a nationwide public safety broadband network in the 700 MHz band. The
Public Safety Spectrum Act establishes the First Responder Network
Authority (FirstNet) to oversee the construction and operation of this
network as licensee of both the ``existing public safety broadband
spectrum'' (763-769/793-799 MHz) and the spectrally adjacent ``700 MHz
D Block spectrum'' (758-763/788-793 MHz).\2\ The Act directs the
Federal Communications Commission (FCC or Commission) to reallocate the
D Block for public safety services,\3\ to license the D Block and the
existing public safety broadband spectrum to FirstNet \4\ and to take
other actions necessary to ``facilitate the transition'' of the
existing public safety broadband spectrum to FirstNet.
---------------------------------------------------------------------------
\1\ See Middle Class Tax Relief and Job Creation Act of 2012,
Pub. L. No. 112-96, 126 Stat. 156 (2012).
\2\ See id. Secs. 6201(a), 6202 and 6204(a); see also id. sec.
6001(2) (defining ``700 MHz D Block spectrum'') and (14) (defining
``existing public safety broadband spectrum'').
\3\ See id. sec. 6101.
\4\ See id. sec. 6201(a).
---------------------------------------------------------------------------
In the Report and Order, the Bureau implements clear directives of
Congress set forth in the Public Safety Spectrum Act. The Bureau
reallocates the D Block for ``public safety services'' and deletes
Commission rules that are plainly inconsistent with this revised
allocation. It also deletes the Commission rules establishing,
providing license authority with respect to, and governing operations
under the Public Safety Broadband License in the existing public safety
broadband spectrum. The Bureau replaces these with rules implementing
the clear mandate of the Public Safety Spectrum Act to grant a license
with respect to this spectrum and the D Block to FirstNet. The rule
changes adopted by the Bureau in this order are strictly limited to
implementation of aspects of that mandate that leave no room for agency
discretion, and thus fall within the Bureau's delegated authority and
are consistent with the requirements of the Administrative Procedure
Act.\5\ As noted below, by eliminating any confusion or uncertainty
about the new regulatory framework applicable to the public safety
broadband network, the Bureau's action takes further steps necessary to
facilitate the transition of this spectrum to FirstNet as the
prospective licensee established by the Act;. The Report and Order is
available at https://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0907/DA-12-1462A1.pdf.
---------------------------------------------------------------------------
\5\ See id.; 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------
This Report and Order will become effective November 14, 2012,
except for the deletion of sections 90.18 and 90.528 of the
Commission's rules. Following that date, the Commission will publish a
separate notice in the Federal Register announcing the subsequent
effective date of these rule deletions, which shall be the date of
issuance of a license to the First Responder Network Authority pursuant
to Section 6201(a) of the Middle Class Tax Relief and Job Creation Act
of 2012.
Under Section 603(a) of the Regulatory Flexibility Act (RFA), the
Commission is not required to prepare a final regulatory flexibility
analysis relating to the Report and Order because it was not required
to publish general notice of proposed rulemaking before effecting the
rule changes set forth
[[Page 62462]]
therein. The Report and Order contains no new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. The Commission shall send a copy of the
Report and Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 0
Classified information, Freedom of information, Government
publications, Infants and children, Organization and functions
(Government agencies), Privacy, Reporting and recordkeeping
requirements, Sunshine Act.
47 CFR Part 27
Communications common carriers, Radio.
47 CFR Part 90
Administrative practice and procedure, Business and industry, Civil
defense, Common carriers, Communications equipment, Emergency medical
services, Incorporation by reference, Individuals with disabilities,
Radio, Reporting and recordkeeping requirements.
Federal Communications Commission.
Timothy A. Peterson,
Chief of Staff, Public Safety and Homeland Security Bureau.
For the reasons discussed in the preamble, The Federal
Communications Commission amends 47 CFR parts 0, 27, and 90 as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155.
Sec. 0.181 [Amended]
0
2. Section 0.181 is amended by removing paragraph (k).
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
3. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336,
and 337 unless otherwise noted.
0
4. Section 27.1 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 27.1 Basis and purpose.
* * * * *
(b) * * *
(2) 746-758 MHz, 775-788 MHz, and 805-806 MHz.
* * * * *
Sec. 27.4 [Amended]
0
5. Section 27.4 is amended by removing the following definitions ``700
MHz Public/Private Partnership,'' ``Network Assets Holder,'' ``Network
Sharing Agreement (NSA)'' Operating Company,'' ``Public Safety
Broadband License,'' ``Special Purpose Bankruptcy Remote Entity Public
Safety Broadband Licensee,'' ``Shared Wireless Broadband Network,''
``Special Purpose Bankruptcy Remote Entity,'' ``Upper 700 MHz D Block
license,'' ``Upper 700 MHz D Block licensee.''
0
6. Section 27.5 is amended by revising paragraph (b) to read as
follows:
Sec. 27.5 Frequencies.
* * * * *
(b) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. The following
frequencies are available for licensing pursuant to this part in the
746-758 MHz, 775-788 MHz, and 805-806 MHz bands:
(1) Two paired channels of 1 megahertz each are available for
assignment in Block A in the 757-758 MHz and 787-788 MHz bands.
(2) Two paired channels of 1 megahertz each are available for
assignment in Block B in the 775-776 MHz and 805-806 MHz bands.
(3) Two paired channels of 11 megahertz each are available for
assignment in Block C in the 746-757 MHz and 776-787 MHz bands. In the
event that no licenses for two channels in this Block C are assigned
based on the results of the first auction in which such licenses were
offered because the auction results do not satisfy the applicable
reserve price, the spectrum in the 746-757 MHz and 776-787 MHz bands
will instead be made available for assignment at a subsequent auction
as follows:
(i) Two paired channels of 6 megahertz each available for
assignment in Block C1 in the 746-752 MHz and 776-782 MHz bands.
(ii) Two paired channels of 5 megahertz each available for
assignment in Block C2 in the 752-757 MHz and 782-787 MHz bands.
* * * * *
Subpart N--[Removed]
0
7. Remove subpart N, consisting of Sec. Sec. 27.1301 through 27.1340.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
8. The authority citation for part 90 is amended to read as follows:
Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
9. Section 90.7 is amended by removing the following definitions ``700
MHz Public/Private Partnership,'' ``Network Assets Holder,'' ``Network
Sharing Agreement (NSA),'' ``Operating company,'' ``Public safety
broadband license,'' ``Public Safety Broadband Licensee,'' ``Public
safety broadband network operator,'' ``Shared Wireless Broadband
Network, '' ``Special Purpose Bankruptcy Remote Entity,'' ``Upper 700
MHz D Block license,'' ``Upper 700 MHz D Block licensee,'' and
adding.the definition ``First Responder Network Authority'' to read as
follows:
Sec. 90.7 Definitions.
* * * * *
First Responder Network Authority. An entity established by the
Middle Class Tax Relief and Job Creation Act of 2012 as an independent
authority within the National Telecommunications and Information
Administration and designated by that statute to hold a nationwide
license associated with the 758-769 MHz and 788-799 MHz bands for use
in deploying a nationwide public safety broadband network.
* * * * *
Sec. 90.18 [Removed]
0
10. Section 90.18 is removed.
0
11. Add Sec. 90.19 to read as follows:
Sec. 90.19 Nationwide Public Safety Broadband Network.
Pursuant to the Middle Class Tax Relief and Job Creation Act of
2012, Public Law 112-96, 126 Stat. 156 (2012), the 758-769 MHz and 788-
799 MHz bands are allocated for use by the First Responder Network
Authority to deploy a nationwide public safety broadband network as
prescribed by statute.
0
12. Section 90.20 is amended in the table in paragraph (c)(3) by
removing the entries for ``763 to 775'' and ``793 to ``805'' and adding
in their place entries for ``758 to 775'' and ``788 to 805'' and by
revising paragraph (d)(77) to read as follows:
Sec. 90.20 Public Safety Pool.
* * * * *
(c) * * *
[[Page 62463]]
(3) Frequencies.
Public Safety Pool Frequency Table
----------------------------------------------------------------------------------------------------------------
Frequency or band Class of station(s) Limitations Coordinator
----------------------------------------------------------------------------------------------------------------
* * * * * * *
758 to 775.................................. Base, mobile.................. 77 PX
788 to 805.................................. Mobile........................ 77 PX
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d) * * *
(77) Subpart R of this part contains rules for assignment of
channels in the 758-775 MHz and 788-805 MHz bands.
* * * * *
Subpart R--Regulations Governing the Licensing and Use of
Frequencies in the 758-775 and 788-805 MHz Bands
0
13. Revise the subpart heading to subpart R to read as set forth above.
0
14. Section 90.521 is amended by revising the first sentence to read as
follows:
Sec. 90.521 Scope.
This subpart sets forth the regulations governing the licensing and
operations of all systems operating in the 758-775 MHz and 788-805 MHz
frequency bands. * * *
* * * * *
Sec. 90.528 [Removed]
0
15. Remove Sec. 90.528.
0
16. Section 90.531 is amended by revising the introductory text and
paragraph (g) to read as follows:
Sec. 90.531 Band plan.
This section sets forth the band plan for the 758-775 MHz and 788-
805 MHz public safety bands.
* * * * *
(g) Broadband. The 758-768 MHz and 788-798 MHz bands are allocated
for broadband communications.
0
17. Add Sec. 90.532 to read as follows:
Sec. 90.532 Licensing of the 758-769 MHz and 788-799 MHz Bands.
Pursuant to Section 6201 of the Middle Class Tax Relief and Job
Creation Act of 2012, Public Law 112-96, 126 Stat. 156 (2012), a
nationwide license for use of the 758-769 MHz and 788-799 MHz bands
shall be issued to the First Responder Network Authority for a initial
license term of ten years from the date of the initial issuance of the
license. Prior to expiration of the term of such initial license, the
First Responder Network Authority shall submit to the Commission an
application for the renewal of such license. Such renewal application
shall demonstrate that, during the preceding license term, the First
Responder Network Authority has met the duties and obligations set
forth under the foregoing Act. A renewal license shall be for a term
not to exceed ten years.
Subpart AA [Removed]
0
18. Remove subpart AA, consisting of Sec. Sec. 90.1401 through
90.1440.
[FR Doc. 2012-25235 Filed 10-11-12; 11:15 am]
BILLING CODE 6712-01-P
