Improving Public Safety Communications in the 800 MHz Band, 42701-42702 [2013-17058]
Download as PDF
Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Rules and Regulations
Authority: 47 U.S.C. 154, 303, 334, 336
and 339.
§ 73.202
[Amended]
2. Amend § 73.202(b) Table of FM
Allotments as follows:
■ a. Add Newark, under Maryland,
Channel 235A.
■ b. Add Arlington, under Oregon,
Channel 295C2.
■ c. Add Rocksprings, under Texas,
Channel 291A.
■ d. Add Chincoteague, under Virginia,
Channel 233A.
■ e. Add Baggs, under Wyoming,
Channel 277A.
■
[FR Doc. 2013–17082 Filed 7–16–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket Nos. 05–62 and 02–55; FCC
13–85]
Improving Public Safety
Communications in the 800 MHz Band
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) modifies the freeze on
new authorizations in the Business and
Industrial Land Transportation (B/ILT)
Pool in the 896–901 MHz/935–940 MHz
band (900 MHz B/ILT Band) to allow a
qualified entity to file an application for
a new authorization in any given
National Public Safety Planning
Advisory Committee (NPSPAC) region
before Sprint Nextel’s 800 MHz
rebanding efforts are complete in that
region. This action will allow qualified
applicants to gain access to 900 MHz B/
ILT spectrum without unnecessary
delay, and promote spectrum efficiency,
by allowing access to spectrum that may
otherwise be unused during the 800
MHz rebanding process.
DATES: Effective August 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Joyce Jones, Mobility Division, Wireless
Telecommunications Bureau,
joyce.jones@fcc.gov, (202) 418–1327,
TTY (202) 418–7233.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, in WT Docket Nos. 05–
62 and 02–55, FCC 13–85, adopted June
21, 2013, and released on June 24, 2013.
The complete text of this document may
be downloaded from the FCC Web site
(https://www.fcc.gov) at https://
transition.fcc.gov/Daily_Releases/
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:33 Jul 16, 2013
Jkt 229001
Daily_Business/2013/db0625/FCC-1385A1.pdf. This document and all related
Commission documents are also
available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street
SW., Washington, DC 20554. A copy of
the complete text may also be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554. Alternative
formats are available to persons with
disabilities by sending an email to
FCC504@fcc.gov or by calling the
Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Synopsis of the Report and Order
1. In this document, the Commission
grants, in accordance with the terms set
forth in the Order on Reconsideration,
the unopposed joint request for
clarification or limited reconsideration
filed by the Enterprise Wireless Alliance
(EWA) and Sprint Nextel Corporation
(Sprint Nextel) (collectively,
‘‘Petitioners’’) with respect to one aspect
of the Report and Order, 73 FR 67794,
November 17, 2008, in this proceeding,
to allow a qualified entity to file an
application for a new authorization in
any given National Public Safety
Planning Advisory Committee
(NPSPAC) region before Sprint Nextel’s
800 MHz rebanding efforts are complete
in that region.
Background
2. The 900 MHz B/ILT Pool channels
are licensed for the private internal
communication needs of site-by-site
licensees engaged in a variety of
endeavors, from commercial (e.g., land
transportation, manufacturing, energy)
to non-commercial (e.g., clerical,
educational, philanthropic, medical). In
2004, the Commission launched its 800
MHz rebanding initiative through the
800 MHz R&O. See Report and Order
(800 MHz R&O), 69 FR 67823,
November 22, 2004; Supplemental
Report and Order on Reconsideration
(800 MHz Supplemental R&O), 70 FR
6758, February 8, 2005. Shortly
thereafter, the Wireless
Telecommunications Bureau (Bureau)
issued a Public Notice, freezing
acceptance of applications for new 900
MHz B/ILT licenses until further notice
(a freeze that has remained in place
continuously since then). See Public
Notice, 19 FCC Rcd 18277 (2004).
3. In 2005, the Commission affirmed
the freeze, in light of the fundamental
changes it was proposing in the service
areas and channel blocks for future
licenses in the 900 MHz B/ILT service.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
42701
See Notice of Proposed Rulemaking and
Memorandum Opinion and Order, 70
FR 13143, March 18, 2005.
4. In 2008, the Commission declined
to adopt the proposed changes and
found that a wholesale freeze on
applications for new 900 MHz B/ILT
authorizations was no longer necessary.
The Commission lifted the freeze in
each NPSPAC region six months after
rebanding was completed in that
particular NPSPAC region, concluding
that such an approach best balanced the
demands for 900 MHz B/ILT spectrum,
including the ongoing needs of Sprint
Nextel for access to this spectrum to
support its rebanding efforts. See Report
and Order, 73 FR 67794, November 17,
2008.
5. Discussion. The Commission
concludes that linking the lifting of the
freeze to Sprint Nextel’s concurrence—
rather than to the completion of
rebanding in a given NPSPAC region—
is a more appropriately tailored
approach for protecting the integrity of
the rebanding process. The Commission
finds that implementing this change
will maximize effective use of this
spectrum by permitting the initiation of
new B/ILT service without unnecessary
delay. While the Commission originally
found that the delay was necessary as a
component of the flexibility that Sprint
Nextel required in order to fulfill its
rebanding obligations, it finds that with
Sprint Nextel’s concurrence, the delay is
no longer necessary. In addition, since
the Commission launched its rebanding
initiative in 2004, rebanding has only
recently been completed in 11 out of 55
NPSPAC regions. Further, during this
time, the Commission received 29
requests for waiver of the freeze. The
Petitioners’ requested relief would
likely supplant the need for such filings
and the associated paperwork burdens
and adjudication costs. Accordingly, the
Commission concludes that the public
interest would be best served by lifting
the freeze in NPSPAC regions that are
still undergoing the rebanding process,
or that are still within the six-month
period after completion thereof, for any
application for new 900 MHz B/ILT
service that includes written
concurrence from Sprint Nextel. Thus,
the Commission clarifies that its relief
extends regardless of the status of
rebanding in a particular NPSPAC
region, so long as the application
includes such concurrence.
6. In all other respects, the
Commission retains the policy adopted
in the Report and Order that the freeze
will be lifted in a NPSPAC region six
months after rebanding is complete in
that particular NPSPAC region. The
Commission’s action does not affect any
E:\FR\FM\17JYR1.SGM
17JYR1
42702
Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Rules and Regulations
of the other conditions of lifting the
freeze noted in the Report and Order.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
7. The Order on Reconsideration does
not contain new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
B. Congressional Review Act
8. The Commission will send a copy
of the Order on Reconsideration in a
report to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
9. In the Report and Order, the
Commission determined that the rules
adopted there would not, under the
Regulatory Flexibility Act of 1980, as
amended (RFA),1 have a ‘‘significant
economic impact on a substantial
number of small entities.’’ 2 The rules
adopted generally inured to the benefit
of small businesses, in that they
minimized the expense of resolution of
interference complaints and allowed all
entities, including small businesses, to
apply, once again, for unencumbered
900 MHz B/ILT spectrum. See Report
and Order, 73 FR 67794, November 17,
2008. We received no petitions for
reconsideration of that Final Regulatory
Flexibility determination. In this
present Order on Reconsideration, the
Commission promulgates no additional
final rules, and our present action,
therefore, does not alter our previous
determination under the RFA.
ehiers on DSK2VPTVN1PROD with RULES
II. Ordering Clauses
10. Pursuant to sections 1, 4(i), 303,
309, 316, 332, and 405 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 303,
309, 316, 332, and 405, the Order on
Reconsideration is hereby adopted. The
Order on Reconsideration shall become
effective August 16, 2013.
11. The Commission shall send a copy
of the Order on Reconsideration in a
1 The RFA, see 5 U.S.C. 601–612, has been
amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), Public
Law 104–121, Title II, 110 Stat. 857 (1996).
2 5 U.S.C. 605(b).
VerDate Mar<15>2010
13:33 Jul 16, 2013
Jkt 229001
report to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
12. The Joint Request for Clarification
or, in the Alternative, for Limited
Reconsideration filed jointly by the
Enterprise Wireless Alliance and Sprint
Nextel Corporation on December 17,
2008, is hereby granted, under the
conditions set forth in this Order on
Reconsideration.
13. The freeze placed on applications
for new 900 MHz Business/Industrial
Land Transportation licenses by Public
Notice, September 17, 2004, is hereby
modified, under the conditions set forth
in this Order on Reconsideration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013–17058 Filed 7–16–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R3–ES–2012–0087;
FXES11130900000C3–123–FF09E30000]
RIN 1018–AY45
Endangered and Threatened Wildlife
and Plants; Establishment of a
Nonessential Experimental Population
of Topeka Shiner (Notropis topeka) in
Northern Missouri
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), jointly with
the Missouri Department of
Conservation and the Nature
Conservancy, will reestablish the
Topeka shiner (Notropis topeka), a
federally endangered fish. We will
reestablish the Topeka shiner under
section 10(j) of the Endangered Species
Act of 1973, as amended (Act), and
classify the reestablished population as
a nonessential experimental population
(NEP) within portions of the species’
historical range in Adair, Gentry,
Harrison, Putnam, Sullivan, and Worth
Counties, Missouri. This final rule
provides a plan for establishing the NEP
and provides for allowable legal
incidental taking of the Topeka shiner
within the defined NEP area. The best
available data indicate that
reintroduction of Topeka shiner to
portions of the species’ historical range
in Adair, Gentry, Harrison, Putnam,
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Sullivan, and Worth Counties, Missouri,
is biologically feasible and will promote
the conservation of the species.
DATES: This rule becomes effective
August 16, 2013.
ADDRESSES: This final rule, along with
the public comments, and the
Environmental Action Statement for
Categorical Exclusion are available on
the Internet at https://
www.regulations.gov, Docket No. FWS–
R3–ES–2012–0087. Comments and
materials received, as well as supporting
documentation used in the preparation
of this rule, will be available for public
inspection, by appointment, during
normal business hours at: U.S. Fish and
Wildlife Service, Ecological Services
Field Office, 101 Park DeVille Dr.; Suite
A, Columbia, MO 65203; telephone:
573–234–2132; facsimile: 573–234–
2181. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Services (FIRS) at 800–877–8339.
FOR FURTHER INFORMATION CONTACT:
Amy Salveter, Field Supervisor,
telephone: 573–234–2132; facsimile:
573–234–2181. Direct all questions or
requests for additional information to:
Topeka Shiner Questions, U.S. Fish and
Wildlife Service, Ecological Services
Field Office, 101 Park DeVille Dr.; Suite
A, Columbia, MO 65203. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Services (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
Statutory and Regulatory Framework
The Topeka shiner was listed as
endangered throughout its range on
December 15, 1998 (63 FR 69008), and
critical habitat was designated in Iowa,
Minnesota, and Nebraska on July 27,
2004 (69 FR 44736), under the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.). The
Act provides that species listed as
endangered are afforded protection
primarily through the prohibitions of
section 9 and the requirements of
section 7. Section 9 of the Act, among
other things, prohibits the take of
endangered wildlife. ‘‘Take’’ is defined
by the Act as harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect, or attempt to engage in any
such conduct. Section 7 of the Act
outlines the procedures for Federal
interagency cooperation to conserve
federally listed species and protect
designated critical habitat. It mandates
that all Federal agencies use their
existing authorities to further the
E:\FR\FM\17JYR1.SGM
17JYR1
Agencies
[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Rules and Regulations]
[Pages 42701-42702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17058]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket Nos. 05-62 and 02-55; FCC 13-85]
Improving Public Safety Communications in the 800 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) modifies the freeze on new authorizations in the Business
and Industrial Land Transportation (B/ILT) Pool in the 896-901 MHz/935-
940 MHz band (900 MHz B/ILT Band) to allow a qualified entity to file
an application for a new authorization in any given National Public
Safety Planning Advisory Committee (NPSPAC) region before Sprint
Nextel's 800 MHz rebanding efforts are complete in that region. This
action will allow qualified applicants to gain access to 900 MHz B/ILT
spectrum without unnecessary delay, and promote spectrum efficiency, by
allowing access to spectrum that may otherwise be unused during the 800
MHz rebanding process.
DATES: Effective August 16, 2013.
FOR FURTHER INFORMATION CONTACT: Joyce Jones, Mobility Division,
Wireless Telecommunications Bureau, joyce.jones@fcc.gov, (202) 418-
1327, TTY (202) 418-7233.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration, in WT Docket Nos. 05-62 and 02-55, FCC 13-85,
adopted June 21, 2013, and released on June 24, 2013. The complete text
of this document may be downloaded from the FCC Web site (https://www.fcc.gov) at https://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0625/FCC-13-85A1.pdf. This document and all related
Commission documents are also available for inspection and copying
during normal business hours in the FCC Reference Center, 445 12th
Street SW., Washington, DC 20554. A copy of the complete text may also
be purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC
20554. Alternative formats are available to persons with disabilities
by sending an email to FCC504@fcc.gov or by calling the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(TTY).
Synopsis of the Report and Order
1. In this document, the Commission grants, in accordance with the
terms set forth in the Order on Reconsideration, the unopposed joint
request for clarification or limited reconsideration filed by the
Enterprise Wireless Alliance (EWA) and Sprint Nextel Corporation
(Sprint Nextel) (collectively, ``Petitioners'') with respect to one
aspect of the Report and Order, 73 FR 67794, November 17, 2008, in this
proceeding, to allow a qualified entity to file an application for a
new authorization in any given National Public Safety Planning Advisory
Committee (NPSPAC) region before Sprint Nextel's 800 MHz rebanding
efforts are complete in that region.
Background
2. The 900 MHz B/ILT Pool channels are licensed for the private
internal communication needs of site-by-site licensees engaged in a
variety of endeavors, from commercial (e.g., land transportation,
manufacturing, energy) to non-commercial (e.g., clerical, educational,
philanthropic, medical). In 2004, the Commission launched its 800 MHz
rebanding initiative through the 800 MHz R&O. See Report and Order (800
MHz R&O), 69 FR 67823, November 22, 2004; Supplemental Report and Order
on Reconsideration (800 MHz Supplemental R&O), 70 FR 6758, February 8,
2005. Shortly thereafter, the Wireless Telecommunications Bureau
(Bureau) issued a Public Notice, freezing acceptance of applications
for new 900 MHz B/ILT licenses until further notice (a freeze that has
remained in place continuously since then). See Public Notice, 19 FCC
Rcd 18277 (2004).
3. In 2005, the Commission affirmed the freeze, in light of the
fundamental changes it was proposing in the service areas and channel
blocks for future licenses in the 900 MHz B/ILT service. See Notice of
Proposed Rulemaking and Memorandum Opinion and Order, 70 FR 13143,
March 18, 2005.
4. In 2008, the Commission declined to adopt the proposed changes
and found that a wholesale freeze on applications for new 900 MHz B/ILT
authorizations was no longer necessary. The Commission lifted the
freeze in each NPSPAC region six months after rebanding was completed
in that particular NPSPAC region, concluding that such an approach best
balanced the demands for 900 MHz B/ILT spectrum, including the ongoing
needs of Sprint Nextel for access to this spectrum to support its
rebanding efforts. See Report and Order, 73 FR 67794, November 17,
2008.
5. Discussion. The Commission concludes that linking the lifting of
the freeze to Sprint Nextel's concurrence--rather than to the
completion of rebanding in a given NPSPAC region--is a more
appropriately tailored approach for protecting the integrity of the
rebanding process. The Commission finds that implementing this change
will maximize effective use of this spectrum by permitting the
initiation of new B/ILT service without unnecessary delay. While the
Commission originally found that the delay was necessary as a component
of the flexibility that Sprint Nextel required in order to fulfill its
rebanding obligations, it finds that with Sprint Nextel's concurrence,
the delay is no longer necessary. In addition, since the Commission
launched its rebanding initiative in 2004, rebanding has only recently
been completed in 11 out of 55 NPSPAC regions. Further, during this
time, the Commission received 29 requests for waiver of the freeze. The
Petitioners' requested relief would likely supplant the need for such
filings and the associated paperwork burdens and adjudication costs.
Accordingly, the Commission concludes that the public interest would be
best served by lifting the freeze in NPSPAC regions that are still
undergoing the rebanding process, or that are still within the six-
month period after completion thereof, for any application for new 900
MHz B/ILT service that includes written concurrence from Sprint Nextel.
Thus, the Commission clarifies that its relief extends regardless of
the status of rebanding in a particular NPSPAC region, so long as the
application includes such concurrence.
6. In all other respects, the Commission retains the policy adopted
in the Report and Order that the freeze will be lifted in a NPSPAC
region six months after rebanding is complete in that particular NPSPAC
region. The Commission's action does not affect any
[[Page 42702]]
of the other conditions of lifting the freeze noted in the Report and
Order.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
7. The Order on Reconsideration does not contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does
not contain any new or modified ``information collection burden for
small business concerns with fewer than 25 employees,'' pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4).
B. Congressional Review Act
8. The Commission will send a copy of the Order on Reconsideration
in a report to Congress and the Government Accountability Office
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
C. Final Regulatory Flexibility Analysis
9. In the Report and Order, the Commission determined that the
rules adopted there would not, under the Regulatory Flexibility Act of
1980, as amended (RFA),\1\ have a ``significant economic impact on a
substantial number of small entities.'' \2\ The rules adopted generally
inured to the benefit of small businesses, in that they minimized the
expense of resolution of interference complaints and allowed all
entities, including small businesses, to apply, once again, for
unencumbered 900 MHz B/ILT spectrum. See Report and Order, 73 FR 67794,
November 17, 2008. We received no petitions for reconsideration of that
Final Regulatory Flexibility determination. In this present Order on
Reconsideration, the Commission promulgates no additional final rules,
and our present action, therefore, does not alter our previous
determination under the RFA.
---------------------------------------------------------------------------
\1\ The RFA, see 5 U.S.C. 601-612, has been amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
Public Law 104-121, Title II, 110 Stat. 857 (1996).
\2\ 5 U.S.C. 605(b).
---------------------------------------------------------------------------
II. Ordering Clauses
10. Pursuant to sections 1, 4(i), 303, 309, 316, 332, and 405 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303,
309, 316, 332, and 405, the Order on Reconsideration is hereby adopted.
The Order on Reconsideration shall become effective August 16, 2013.
11. The Commission shall send a copy of the Order on
Reconsideration in a report to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
12. The Joint Request for Clarification or, in the Alternative, for
Limited Reconsideration filed jointly by the Enterprise Wireless
Alliance and Sprint Nextel Corporation on December 17, 2008, is hereby
granted, under the conditions set forth in this Order on
Reconsideration.
13. The freeze placed on applications for new 900 MHz Business/
Industrial Land Transportation licenses by Public Notice, September 17,
2004, is hereby modified, under the conditions set forth in this Order
on Reconsideration.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-17058 Filed 7-16-13; 8:45 am]
BILLING CODE 6712-01-P