Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, 63714-63716 [2016-22361]
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Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Inert ingredients
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 1, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.910, add alphabetically the
following inert ingredient to the table to
read as follows:
■
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
*
*
*
[FR Doc. 2016–22366 Filed 9–15–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[PS Docket Nos. 12–94, 06–229, 06–150;
FCC 16–117]
Implementing Public Safety Broadband
Provisions of the Middle Class Tax
Relief and Job Creation Act of 2012
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
Lhorne on DSK30JT082PROD with RULES
List of Subjects in 40 CFR Part 180
Limits
*
*
*
*
Ammonium persulfate (CAS Reg.No. 7727–54–0) ......................................................
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
In this document, the Federal
Communications Commission
(Commission) addresses the 758–769/
788–799 MHz band, which the
Commission licensed to the First
Responder Network Authority (FirstNet)
on a nationwide basis pursuant to the
SUMMARY:
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Preservative
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provisions of the Middle Class Tax
Relief and Job Creation Act of 2012. We
provide a mechanism to facilitate the
relocation of the public safety
narrowband incumbents currently
operating on FirstNet’s spectrum. We
also affirmatively decline at this time to
impose specific build-out requirements
on FirstNet as a condition of renewal of
its license.
DATES: Effective October 17, 2016.
FOR FURTHER INFORMATION CONTACT:
Roberto Mussenden, Policy and
Licensing Division, Public Safety and
Homeland Security Bureau, (202) 418–
1428.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in PS Docket No. 12–94, FCC
16–117, adopted on August 24, 2016
and released on August 25, 2016. The
document is available for download at
https://fjallfoss.fcc.gov/edocs_public/.
The complete text of this document is
also available for inspection and
copying during normal business hours
PO 00000
Uses
Sfmt 4700
*
*
*
in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to
FCC504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
1. In 2013, the Commission’s Notice
of Proposed Rulemaking (NPRM) sought
comment on implementation of certain
provisions of the Public Safety
Spectrum Act, including how to relocate
narrowband incumbents operating on
the spectrum licensed to FirstNet, and
how to address FirstNet’s renewal
expectations, including whether
FirstNet should be subject to
Commission-initiated build-out
requirements.
2. In the Report and Order, the
Commission permits narrowband
incumbents to remain on FirstNet’s
licensed spectrum until August 31,
E:\FR\FM\16SER1.SGM
16SER1
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
2017, after which they will be required
to vacate absent FirstNet’s express
consent to remain longer. In addition,
the Commission prohibits continued
operation by incumbents that have
either previously discontinued
operations or that are no longer in
operation after the effective date of the
Report and Order, and prohibits all
narrowband incumbents from deploying
additional facilities on FirstNet’s
licensed spectrum beyond those
currently deployed as of the adoption
date of the Report and Order.
Accordingly, as of the adoption date of
the Report and Order, the Commission
terminates all authority to initiate new
deployments pursuant to waivers
previously granted by the Commission
or Bureau, which had authorized
deployment beyond the 2007 deadline.
3. The Commission states specifies
that under existing rules, any TV studiotransmitter links, TV relay stations, and
TV translator relay stations operating on
the FirstNet spectrum under Part 74,
subpart G of the Commission’s rules
must cease operations within 120 days
of receiving notice from FirstNet.
4. The Commission concludes that
there is no need or legal basis at this
time for it to play a role in resolving
disputes between FirstNet and
incumbent licensees over relocation
costs. The Commission also finds there
is no need at this time to establish
additional Commission rules to ensure
rural coverage or any of the other
requirements for renewal of FirstNet’s
license.
Procedural Matters
A. Final Regulatory Flexibility Analysis
5. The Final Regulatory Flexibility
Analysis required by section 604 of the
Regulatory Flexibility Act, 5 U.S.C. 604,
is included in Appendix D of the Report
and Order.
B. Paperwork Reduction Act of 1995
Analysis
6. The Report and Order document
does not contain new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13.
Lhorne on DSK30JT082PROD with RULES
Final Regulatory Flexibility Analysis
7. As required by the Regulatory
Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA)
was incorporated into the NPRM of this
proceeding. The Commission sought
written public comment on the IRFA.
The RFA requires that an agency
prepare a regulatory flexibility analysis
for notice-and-comment rulemaking
proceedings, unless the agency certifies
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13:04 Sep 15, 2016
Jkt 238001
that ‘‘the rule will not, if promulgated,
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). The present
Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Proposed Rules
8. In the Report and Order, we
regulate the transition of different
classes of incumbents now occupying
portions of the spectrum to be licensed
to FirstNet. These actions are based on
our established authority under the
Communications Act to regulate use of
the spectrum consistent with the public
interest, convenience and necessity and
our authority under the Public Safety
Spectrum Act ‘‘to take all actions
necessary to facilitate the transition’’ of
the existing public safety broadband
spectrum to FirstNet.
B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
9. There were no comments filed that
specifically addressed the rules and
policies proposed in the IRFA.
C. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
10. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
generally defines the term ‘‘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 SBA.
11. Small Businesses, Small
Organizations, and Small Governmental
Jurisdictions. Our action may, over time,
affect small entities that are not easily
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
63715
categorized at present. We therefore
describe here, at the outset, three
comprehensive, statutory small entity
size standards. First, nationwide, there
are a total of approximately 27.5 million
small businesses, according to the SBA.
In addition, a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ Nationwide, as of 2007, there
were approximately 1,621,315 small
organizations. Finally, the term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty thousand.’’
Census Bureau data for 2011 indicate
that there were 89,476 local
governmental jurisdictions in the
United States. We estimate that, of this
total, as many as 88,506 entities may
qualify as ‘‘small governmental
jurisdictions.’’ Thus, we estimate that
most governmental jurisdictions are
small.
12. Public Safety Radio Licensees. As
a general matter, Public Safety Radio
Licensees include police, fire, local
government, forestry conservation,
highway maintenance, and emergency
medical services. For the purpose of
determining whether a Public Safety
Radio Licensee is a small business as
defined by the SBA, we use the broad
census category, Wireless
Telecommunications Carriers (except
Satellite). This definition provides that
a small entity is any such entity
employing no more than 1,500 persons.
With respect to local governments, in
particular, since many governmental
entities comprise the licensees for these
services, we include under public safety
services the number of government
entities affected. According to
Commission records, there are a total of
approximately 133,870 licenses within
these services. There are 2,442 licenses
in the 4.9 GHz band, based on an FCC
Universal Licensing System search of
May 23, 2012. We estimate that fewer
than 2,442 public safety radio licensees
hold these licenses because certain
entities may have multiple licenses.
13. Regional Planning Committees.
Neither the Commission nor the SBA
has developed a small business size
standard specifically applicable to
Regional Planning Committees (RPCs)
and the National Regional Planning
Council (NRPC). As described by the
NRPC, ‘‘[t]he National Regional
Planning Council (NRPC) is an advocacy
body formed in 2007 that supports
public safety communications spectrum
management by Regional Planning
Committees (RPC) in the 700 MHz and
E:\FR\FM\16SER1.SGM
16SER1
63716
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations
Lhorne on DSK30JT082PROD with RULES
800 MHz NPSPAC public safety
spectrum as required by the Federal
Communications Commission.’’ The
NRPC states that ‘‘Regional Planning
Committees consist of public safety
volunteer spectrum planners and
members that dedicate their time, in
addition to the time spent in their
regular positions, to coordinate
spectrum efficiently and effectively for
the purpose of making it available to
public safety agency applicants in their
respective region.’’ There are 54 formed
RPCs and one unformed RPC. The
Commission has not developed a small
business size standard specifically
applicable to RPCs and the NRPC. The
SBA rules, however, contain a
definition for Wireless
Telecommunications Carriers (except
Satellite) which encompasses business
entities engaged in radiotelephone
communications employing no more
than 1,500 persons. Under this category
and size standard, we estimate that all
of the RPCs and the NRPC can be
considered small.
14. Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing. The Census Bureau
defines this category as follows: ‘‘This
industry comprises establishments
primarily engaged in manufacturing
radio and television broadcast and
wireless communications equipment.
Examples of products made by these
establishments are: Transmitting and
receiving antennas, cable television
equipment, GPS equipment, pagers,
cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment.’’ The SBA has developed a
small business size standard for Radio
and Television Broadcasting and
Wireless Communications Equipment
Manufacturing, which is: All such firms
having 750 or fewer employees.
According to Census Bureau data for
2007, there were a total of 939
establishments in this category that
operated for part or all of the entire year.
According to Census bureau data for
2007, there were a total of 919 firms in
this category that operated for the entire
year. Of this total, 771 had fewer than
100 employees and 148 had more than
100 employees. Thus, under that size
standard, the majority of firms can be
considered small.
D. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
15. Our actions will not require any
reporting, recordkeeping or other
compliance requirements.
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13:04 Sep 15, 2016
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E. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
16. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
approach, which may include the
following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
17. Nonetheless, we recognized there
may arguably be a significant number of
small entities currently operating in
FirstNet’s spectrum that would need
relocation. Thus, one mechanism the
Commission considered to minimize the
economic burden on incumbent
operators was to consider whether
FirstNet or some third party source
could fund relocation, thereby relieving
any incumbent small entities of this
potentially substantial economic
burden. It also evaluated whether
FirstNet could accommodate incumbent
narrowband operations within a portion
of its licensed spectrum, either
indefinitely or on a transitional basis.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
18. None.
G. Report to Congress
19. The Commission will not send a
copy of this Report and Order to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the Commission
did not adopt any rules of particular
applicability.
Ordering Clauses
20. Accordingly, it is ordered that,
pursuant to sections 1, 4(i), 4(j), 301,
303, and 316 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 301, 303, 316, as well as
Title VI of the Middle Class Tax Relief
and Job Creation Act of 2012, Public
Law 112–96, 126 Stat. 156, the Report
and Order is hereby adopted.
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Frm 00042
Fmt 4700
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Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–22361 Filed 9–15–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XE878
Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is exchanging
allocations of Amendment 80
cooperative quota (CQ) for Amendment
80 acceptable biological catch (ABC)
reserves. This action is necessary to
allow the 2016 total allowable catch of
flathead sole, rock sole, and yellowfin
sole in the Bering Sea and Aleutian
Islands management area to be
harvested.
SUMMARY:
Effective September 16, 2016,
through December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands
management area (BSAI) according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2016 flathead sole, rock sole, and
yellowfin sole Amendment 80
allocations of the total allowable catch
(TAC) specified in the BSAI are 13,753
metric tons (mt), 44,990 mt, and 110,113
mt as established by the final 2016 and
2017 harvest specifications for
groundfish in the BSAI (81 FR 14773,
March 18, 2016). The 2016 flathead sole,
rock sole, and yellowfin sole
DATES:
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63714-63716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22361]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket Nos. 12-94, 06-229, 06-150; FCC 16-117]
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 Federal Communications Commission
(Commission) addresses the 758-769/788-799 MHz band, which the
Commission licensed to the First Responder Network Authority (FirstNet)
on a nationwide basis pursuant to the provisions of the Middle Class
Tax Relief and Job Creation Act of 2012. We provide a mechanism to
facilitate the relocation of the public safety narrowband incumbents
currently operating on FirstNet's spectrum. We also affirmatively
decline at this time to impose specific build-out requirements on
FirstNet as a condition of renewal of its license.
DATES: Effective October 17, 2016.
FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy and
Licensing Division, Public Safety and Homeland Security Bureau, (202)
418-1428.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in PS Docket No. 12-94, FCC 16-117, adopted on August 24,
2016 and released on August 25, 2016. The document is available for
download at https://fjallfoss.fcc.gov/edocs_public/. The complete text
of this document is also 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. To request
materials in accessible formats for people with disabilities (Braille,
large print, electronic files, audio format), send an email to
FCC504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY).
1. In 2013, the Commission's Notice of Proposed Rulemaking (NPRM)
sought comment on implementation of certain provisions of the Public
Safety Spectrum Act, including how to relocate narrowband incumbents
operating on the spectrum licensed to FirstNet, and how to address
FirstNet's renewal expectations, including whether FirstNet should be
subject to Commission-initiated build-out requirements.
2. In the Report and Order, the Commission permits narrowband
incumbents to remain on FirstNet's licensed spectrum until August 31,
[[Page 63715]]
2017, after which they will be required to vacate absent FirstNet's
express consent to remain longer. In addition, the Commission prohibits
continued operation by incumbents that have either previously
discontinued operations or that are no longer in operation after the
effective date of the Report and Order, and prohibits all narrowband
incumbents from deploying additional facilities on FirstNet's licensed
spectrum beyond those currently deployed as of the adoption date of the
Report and Order. Accordingly, as of the adoption date of the Report
and Order, the Commission terminates all authority to initiate new
deployments pursuant to waivers previously granted by the Commission or
Bureau, which had authorized deployment beyond the 2007 deadline.
3. The Commission states specifies that under existing rules, any
TV studio-transmitter links, TV relay stations, and TV translator relay
stations operating on the FirstNet spectrum under Part 74, subpart G of
the Commission's rules must cease operations within 120 days of
receiving notice from FirstNet.
4. The Commission concludes that there is no need or legal basis at
this time for it to play a role in resolving disputes between FirstNet
and incumbent licensees over relocation costs. The Commission also
finds there is no need at this time to establish additional Commission
rules to ensure rural coverage or any of the other requirements for
renewal of FirstNet's license.
Procedural Matters
A. Final Regulatory Flexibility Analysis
5. The Final Regulatory Flexibility Analysis required by section
604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in
Appendix D of the Report and Order.
B. Paperwork Reduction Act of 1995 Analysis
6. The Report and Order document does not contain new or modified
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13.
Final Regulatory Flexibility Analysis
7. As required by the Regulatory Flexibility Act (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the NPRM
of this proceeding. The Commission sought written public comment on the
IRFA. The RFA requires that an agency prepare a regulatory flexibility
analysis for notice-and-comment rulemaking proceedings, unless the
agency certifies that ``the rule will not, if promulgated, 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). The present
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Proposed Rules
8. In the Report and Order, we regulate the transition of different
classes of incumbents now occupying portions of the spectrum to be
licensed to FirstNet. These actions are based on our established
authority under the Communications Act to regulate use of the spectrum
consistent with the public interest, convenience and necessity and our
authority under the Public Safety Spectrum Act ``to take all actions
necessary to facilitate the transition'' of the existing public safety
broadband spectrum to FirstNet.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
9. There were no comments filed that specifically addressed the
rules and policies proposed in the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
10. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``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 SBA.
11. Small Businesses, Small Organizations, and Small Governmental
Jurisdictions. Our action may, over time, affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset, three comprehensive, statutory small entity size standards.
First, nationwide, there are a total of approximately 27.5 million
small businesses, according to the SBA. In addition, a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
Nationwide, as of 2007, there were approximately 1,621,315 small
organizations. Finally, the term ``small governmental jurisdiction'' is
defined generally as ``governments of cities, towns, townships,
villages, school districts, or special districts, with a population of
less than fifty thousand.'' Census Bureau data for 2011 indicate that
there were 89,476 local governmental jurisdictions in the United
States. We estimate that, of this total, as many as 88,506 entities may
qualify as ``small governmental jurisdictions.'' Thus, we estimate that
most governmental jurisdictions are small.
12. Public Safety Radio Licensees. As a general matter, Public
Safety Radio Licensees include police, fire, local government, forestry
conservation, highway maintenance, and emergency medical services. For
the purpose of determining whether a Public Safety Radio Licensee is a
small business as defined by the SBA, we use the broad census category,
Wireless Telecommunications Carriers (except Satellite). This
definition provides that a small entity is any such entity employing no
more than 1,500 persons. With respect to local governments, in
particular, since many governmental entities comprise the licensees for
these services, we include under public safety services the number of
government entities affected. According to Commission records, there
are a total of approximately 133,870 licenses within these services.
There are 2,442 licenses in the 4.9 GHz band, based on an FCC Universal
Licensing System search of May 23, 2012. We estimate that fewer than
2,442 public safety radio licensees hold these licenses because certain
entities may have multiple licenses.
13. Regional Planning Committees. Neither the Commission nor the
SBA has developed a small business size standard specifically
applicable to Regional Planning Committees (RPCs) and the National
Regional Planning Council (NRPC). As described by the NRPC, ``[t]he
National Regional Planning Council (NRPC) is an advocacy body formed in
2007 that supports public safety communications spectrum management by
Regional Planning Committees (RPC) in the 700 MHz and
[[Page 63716]]
800 MHz NPSPAC public safety spectrum as required by the Federal
Communications Commission.'' The NRPC states that ``Regional Planning
Committees consist of public safety volunteer spectrum planners and
members that dedicate their time, in addition to the time spent in
their regular positions, to coordinate spectrum efficiently and
effectively for the purpose of making it available to public safety
agency applicants in their respective region.'' There are 54 formed
RPCs and one unformed RPC. The Commission has not developed a small
business size standard specifically applicable to RPCs and the NRPC.
The SBA rules, however, contain a definition for Wireless
Telecommunications Carriers (except Satellite) which encompasses
business entities engaged in radiotelephone communications employing no
more than 1,500 persons. Under this category and size standard, we
estimate that all of the RPCs and the NRPC can be considered small.
14. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has developed a small business size
standard for Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing, which is: All such firms having
750 or fewer employees. According to Census Bureau data for 2007, there
were a total of 939 establishments in this category that operated for
part or all of the entire year. According to Census bureau data for
2007, there were a total of 919 firms in this category that operated
for the entire year. Of this total, 771 had fewer than 100 employees
and 148 had more than 100 employees. Thus, under that size standard,
the majority of firms can be considered small.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
15. Our actions will not require any reporting, recordkeeping or
other compliance requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
16. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its approach, which may
include the following four alternatives (among others): (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
17. Nonetheless, we recognized there may arguably be a significant
number of small entities currently operating in FirstNet's spectrum
that would need relocation. Thus, one mechanism the Commission
considered to minimize the economic burden on incumbent operators was
to consider whether FirstNet or some third party source could fund
relocation, thereby relieving any incumbent small entities of this
potentially substantial economic burden. It also evaluated whether
FirstNet could accommodate incumbent narrowband operations within a
portion of its licensed spectrum, either indefinitely or on a
transitional basis.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
18. None.
G. Report to Congress
19. The Commission will not send a copy of this Report and Order to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
Commission did not adopt any rules of particular applicability.
Ordering Clauses
20. Accordingly, it is ordered that, pursuant to sections 1, 4(i),
4(j), 301, 303, and 316 of the Communications Act of 1934, as amended,
47 U.S.C. 151, 154(i), 154(j), 301, 303, 316, as well as Title VI of
the Middle Class Tax Relief and Job Creation Act of 2012, Public Law
112-96, 126 Stat. 156, the Report and Order is hereby adopted.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-22361 Filed 9-15-16; 8:45 am]
BILLING CODE 6712-01-P
