Covered Geographic Licenses, 41929-41930 [2020-14885]

Download as PDF Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WT Docket No. 20–208; DA 20–685; FRS 16914] Covered Geographic Licenses Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Wireless Telecommunications Bureau of Federal Communications Commission amends rule section 1.907. The intended effect of the amendment to rule section 1.907 is to conform the rule with the Commission’s intentions in recent rulemaking actions. DATES: Effective July 13, 2020. ADDRESSES: 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Jessica Quinley, Wireless Telecommunications Bureau, Mobility Division, 202–418–1991 or Jessica.Quinley@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Order in WT Docket No. 20–208, DA 20–685, released June 30, 2020. The full text of the Order is available for public inspection at the following internet address: https:// www.fcc.gov/document/orderamending-commission-rule-section1907. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to FCC504@fcc.gov or calling the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice) or 202– 418–0432 (TTY). SUMMARY: jbell on DSKJLSW7X2PROD with RULES Synopsis 1. In this Order, the Wireless Telecommunications Bureau (Bureau) makes a ministerial change to Commission rule section 1.907 regarding the Wireless Radio Services to conform the definition of ‘‘Covered Geographic Licenses’’ to the Commission’s intentions in recent rulemaking actions. 2. In the July 2019 2.5 GHz R&O, the Commission amended the definition of ‘‘Covered Geographic Licenses’’ in section 1.907 to add ‘‘Educational Broadband Service (part 27, subpart M).’’ The Commission, however, deferred the effective date of the rule changes stemming from the 2.5 GHz R&O for six months from the date of Federal Register publication, and the rules became effective on April 27, 2020. In the February 2020 3.7 GHz VerDate Sep<11>2014 15:48 Jul 10, 2020 Jkt 250001 R&O, the Commission amended the definition of ‘‘Covered Geographic Licenses’’ in section 1.907 to add ‘‘3.7 GHz Service (part 27, subpart O),’’ but inadvertently omitted ‘‘Educational Broadband Service (part 27, subpart M)’’ from the definition. Although the 3.7 GHz R&O, as corrected by the Second Erratum, was published in the Federal Register on April 23, 2020, before the addition of Educational Broadband Service to section 1.907 became effective on April 27, 2020, the rule amendments stemming from the 3.7 GHz R&O became effective on June 22, 2020 after that addition, thereby inadvertently deleting it. As a result, ‘‘Educational Broadband Service (part 27, subpart M)’’ is no longer listed in the ‘‘Covered Geographic Licenses’’ definition. 3. The Administrative Procedure Act allows an agency to forgo notice and comment ‘‘when the agency for good cause finds . . . that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ Here, we find good cause on the grounds that the notice and comment procedure is unnecessary. The Commission added the term ‘‘Educational Broadband Service (part 27, subpart M)’’ to the definition of ‘‘Covered Geographic Licenses’’ pursuant to a full notice and comment process. The subsequent omission of that term was inadvertent. The reinsertion of ‘‘Educational Broadband Service (part 27, subpart M)’’ into the definition of ‘‘Covered Geographic Licenses’’ in section 1.907 is therefore a routine correction to address an administrative oversight. 4. Similarly, an agency may make a rule effective immediately upon publication in the Federal Register, rather than providing for a 30-day waiting period, if the agency finds ‘‘good cause.’’ In determining whether good cause exists for an amended rule to take effect fewer than 30 days after Federal Register publication, an agency must ‘‘balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.’’ The immediate implementation of the amended definition is necessary to avoid needlessly prolonging an obvious inaccuracy in the rule and delaying the return of the rule language to its clearly intended meaning. The immediate effective date also would not impose any burdens on affected persons. No additional time is necessary for affected persons to prepare for the effectiveness of the amended rule PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 41929 because it merely reinstates a term that had been published in its adopted form by the Commission six months before its effective date (i.e., from October 25, 2019, to April 27, 2020)—providing the public with a significantly longer preparatory period than the typically required minimum of 30 days—and which had been an effective part of the rule for almost two months thereafter, up until about a week ago, when its inadvertent deletion occurred (i.e., from April 27 until June 22). In addition, the amended rule does not require affected parties to take, or refrain from taking, any particular action. Thus, we find good cause to make the amended rule effective upon Federal Register publication. 5. Accordingly, is it ordered that, pursuant to sections 1, 4(i), 5, 301, 303, and 307 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 155, 301, 303, 307, this Order is adopted. 6. It is further ordered that the rule amendment adopted herein will become effective upon publication in the Federal Register. 7. This action is taken under delegated authority pursuant to sections 0.131 and 0.331 of the Commission’s rules, 47 CFR 0.131, 0.331. Lists of Subjects in 47 CFR Part 1 Administrative practice and procedure. Federal Communications Commission. Amy Brett, Associate Division Chief, Competition and Infrastructure Policy Division, Wireless Telecommunications Bureau. Final Rule For the reasons discussed in the preamble, the Wireless Telecommunications Bureau of the Federal Communications Commission amends 47 CFR part 1 as follows: PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: ■ Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless otherwise noted. 2. Section 1.907 is amended by revising the definition of ‘‘covered geographic licenses’’ to read as follows: ■ § 1.907 Definitions. * * * * * Covered geographic licenses. Covered geographic licenses consist of the following services: 1.4 GHz Service (part 27, subpart I, of this chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and Digital Electronic Message E:\FR\FM\13JYR1.SGM 13JYR1 41930 Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Rules and Regulations Services (part 101, subpart G, of this chapter); 218–219 MHz Service (part 95, subpart F, of this chapter); 220–222 MHz Service, excluding public safety licenses (part 90, subpart T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz Commercial Services (part 27, subpart F and H); 700 MHz Guard Band Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 90, subpart S); 3.7 GHz Service (part 27, subpart O); Advanced Wireless Services (part 27, subparts K and L); Air-Ground Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of this chapter); Broadband Personal Communications Service (part 24, subpart E, of this chapter); Broadband Radio Service (part 27, subpart M); Cellular Radiotelephone Service (part 22, subpart H); Citizens Broadband Radio Service (part 96, subpart C, of this chapter); Dedicated Short Range Communications Service, excluding public safety licenses (part 90, subpart M); Educational Broadband Service (part 27, subpart M); H Block Service (part 27, subpart K); Local Multipoint Distribution Service (part 101, subpart L); Multichannel Video Distribution and Data Service (part 101, subpart P); Multilateration Location and Monitoring Service (part 90, subpart M); Multiple Address Systems (EAs) (part 101, subpart O); Narrowband Personal Communications Service (part 24, subpart D); Paging and Radiotelephone Service (part 22, subpart E; part 90, subpart P); VHF Public Coast Stations, including Automated Maritime Telecommunications Systems (part 80, subpart J, of this chapter); Upper Microwave Flexible Use Service (part 30 of this chapter); and Wireless Communications Service (part 27, subpart D). * * * * * [FR Doc. 2020–14885 Filed 7–10–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 jbell on DSKJLSW7X2PROD with RULES [WC Docket Nos. 17–287, 11–42, 09–197; FCC 19–111; FRS 16877] Bridging the Digital Divide for LowIncome Consumers, Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support Federal Communications Commission. AGENCY: VerDate Sep<11>2014 15:48 Jul 10, 2020 Jkt 250001 Final rule; announcement of effective date. ACTION: In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, a revision to an information collection associated with the rules for the Lifeline and Link Up Reform and Modernization contained in the Commission’s Order, FCC 19–111. This document is consistent with the Fifth Report and Order, Memorandum Opinion and Order and Order on Reconsideration, and Further Notice of Proposed Rulemaking, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the new information collection requirements. DATES: The amendments to amendatory instructions 6.b. (§ 54.404(b)(12)) and 11 (§ 54.410(f)) published at 84 FR 71308, December 27, 2019, are effective October 13, 2020. FOR FURTHER INFORMATION CONTACT: Nicholas Page, Telecommunications Access Policy Division, Wireline Competition Bureau, (202) 418–7400 or TTY: (202) 418–0484. For additional information concerning the Paperwork Reduction Act information collection requirements contact Nicole Ongele at (202) 418–2991 or via email: Nicole.Ongele@fcc.gov. SUPPLEMENTARY INFORMATION: The Commission submitted new information collection requirements for review and approval by OMB, as required by the Paperwork Reduction Act (PRA) of 1995, on April 29, 2020, which were approved by the OMB on June 15, 2020. The information collection requirements are contained in the Commission’s Fifth Report and Order, Memorandum Opinion and Order and Order on Reconsideration, and Further Notice of Proposed Rulemaking (2019 Lifeline Order), FCC 19–111 published at 84 FR 71308, December 27, 2019. The OMB Control Number is 3060–0819. The Commission publishes this document as an announcement of the effective date of the rules published December 27, 2019 that required PRA approval. If you have any comments on the burden estimates listed herein, or how the Commission can improve the collections and reduce any burdens caused thereby, the Commission will accept your comments via email at PRA@fcc.gov. Please include the OMB Control Number, 3060–0819, in your correspondence. Due to the COVID–19 pandemic, the Commission’s headquarters will be closed to the general public and will SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 only be accepting electronic submissions until further notice. 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 and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the Commission is notifying the public that it received OMB approval on June 15, 2020, for the information collection requirements contained in 47 CFR 54.404(b)(12) and 47 CFR 54.410(f). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060–0819. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0819. OMB Approval Date: June 15, 2020. OMB Expiration Date: June 30, 2023. Title: Bridging the Digital Divide for Low-Income Consumers, Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support. Form No.: FCC Form 481, 497, 555, 5629, 5630, and 5631. Type of Review: Revision of a currently approved collection. Respondents: Individuals or households and business or other forprofit enterprises. Number of Respondents and Responses: 18,335,775 respondents; 20,102,235 responses. Estimated Time per Response: 0.0167–125 hours. Frequency of Response: Annual, biennial, monthly, daily and on occasion reporting requirements, recordkeeping requirement and thirdparty disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority is contained in Sections 1, 4(i), 5, 201, 205, 214, 219, 220, 254, 303(r), and 403 of the Communications Act of 1934, as amended, and section 706 of the Communications Act of 1996, E:\FR\FM\13JYR1.SGM 13JYR1

Agencies

[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Rules and Regulations]
[Pages 41929-41930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14885]



[[Page 41929]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[WT Docket No. 20-208; DA 20-685; FRS 16914]


Covered Geographic Licenses

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Wireless Telecommunications Bureau of 
Federal Communications Commission amends rule section 1.907. The 
intended effect of the amendment to rule section 1.907 is to conform 
the rule with the Commission's intentions in recent rulemaking actions.

DATES: Effective July 13, 2020.

ADDRESSES: 445 12th Street SW, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jessica Quinley, Wireless 
Telecommunications Bureau, Mobility Division, 202-418-1991 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Order in WT Docket 
No. 20-208, DA 20-685, released June 30, 2020. The full text of the 
Order is available for public inspection at the following internet 
address: https://www.fcc.gov/document/order-amending-commission-rule-section-1907. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format), by 
sending an email to [email protected] or calling the Consumer and 
Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432 
(TTY).

Synopsis

    1. In this Order, the Wireless Telecommunications Bureau (Bureau) 
makes a ministerial change to Commission rule section 1.907 regarding 
the Wireless Radio Services to conform the definition of ``Covered 
Geographic Licenses'' to the Commission's intentions in recent 
rulemaking actions.
    2. In the July 2019 2.5 GHz R&O, the Commission amended the 
definition of ``Covered Geographic Licenses'' in section 1.907 to add 
``Educational Broadband Service (part 27, subpart M).'' The Commission, 
however, deferred the effective date of the rule changes stemming from 
the 2.5 GHz R&O for six months from the date of Federal Register 
publication, and the rules became effective on April 27, 2020. In the 
February 2020 3.7 GHz R&O, the Commission amended the definition of 
``Covered Geographic Licenses'' in section 1.907 to add ``3.7 GHz 
Service (part 27, subpart O),'' but inadvertently omitted ``Educational 
Broadband Service (part 27, subpart M)'' from the definition. Although 
the 3.7 GHz R&O, as corrected by the Second Erratum, was published in 
the Federal Register on April 23, 2020, before the addition of 
Educational Broadband Service to section 1.907 became effective on 
April 27, 2020, the rule amendments stemming from the 3.7 GHz R&O 
became effective on June 22, 2020 after that addition, thereby 
inadvertently deleting it. As a result, ``Educational Broadband Service 
(part 27, subpart M)'' is no longer listed in the ``Covered Geographic 
Licenses'' definition.
    3. The Administrative Procedure Act allows an agency to forgo 
notice and comment ``when the agency for good cause finds . . . that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.'' Here, we find good cause on the 
grounds that the notice and comment procedure is unnecessary. The 
Commission added the term ``Educational Broadband Service (part 27, 
subpart M)'' to the definition of ``Covered Geographic Licenses'' 
pursuant to a full notice and comment process. The subsequent omission 
of that term was inadvertent. The reinsertion of ``Educational 
Broadband Service (part 27, subpart M)'' into the definition of 
``Covered Geographic Licenses'' in section 1.907 is therefore a routine 
correction to address an administrative oversight.
    4. Similarly, an agency may make a rule effective immediately upon 
publication in the Federal Register, rather than providing for a 30-day 
waiting period, if the agency finds ``good cause.'' In determining 
whether good cause exists for an amended rule to take effect fewer than 
30 days after Federal Register publication, an agency must ``balance 
the necessity for immediate implementation against principles of 
fundamental fairness which require that all affected persons be 
afforded a reasonable amount of time to prepare for the effective date 
of its ruling.'' The immediate implementation of the amended definition 
is necessary to avoid needlessly prolonging an obvious inaccuracy in 
the rule and delaying the return of the rule language to its clearly 
intended meaning. The immediate effective date also would not impose 
any burdens on affected persons. No additional time is necessary for 
affected persons to prepare for the effectiveness of the amended rule 
because it merely reinstates a term that had been published in its 
adopted form by the Commission six months before its effective date 
(i.e., from October 25, 2019, to April 27, 2020)--providing the public 
with a significantly longer preparatory period than the typically 
required minimum of 30 days--and which had been an effective part of 
the rule for almost two months thereafter, up until about a week ago, 
when its inadvertent deletion occurred (i.e., from April 27 until June 
22). In addition, the amended rule does not require affected parties to 
take, or refrain from taking, any particular action. Thus, we find good 
cause to make the amended rule effective upon Federal Register 
publication.
    5. Accordingly, is it ordered that, pursuant to sections 1, 4(i), 
5, 301, 303, and 307 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i), 155, 301, 303, 307, this Order is adopted.
    6. It is further ordered that the rule amendment adopted herein 
will become effective upon publication in the Federal Register.
    7. This action is taken under delegated authority pursuant to 
sections 0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, 
0.331.

Lists of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
Amy Brett,
Associate Division Chief, Competition and Infrastructure Policy 
Division, Wireless Telecommunications Bureau.

Final Rule

    For the reasons discussed in the preamble, the Wireless 
Telecommunications Bureau of the Federal Communications Commission 
amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, unless 
otherwise noted.


0
2. Section 1.907 is amended by revising the definition of ``covered 
geographic licenses'' to read as follows:


Sec.  1.907   Definitions.

* * * * *
    Covered geographic licenses. Covered geographic licenses consist of 
the following services: 1.4 GHz Service (part 27, subpart I, of this 
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and 
Digital Electronic Message

[[Page 41930]]

Services (part 101, subpart G, of this chapter); 218-219 MHz Service 
(part 95, subpart F, of this chapter); 220-222 MHz Service, excluding 
public safety licenses (part 90, subpart T, of this chapter); 600 MHz 
Service (part 27, subpart N); 700 MHz Commercial Services (part 27, 
subpart F and H); 700 MHz Guard Band Service (part 27, subpart G); 800 
MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz 
Specialized Mobile Radio Service (part 90, subpart S); 3.7 GHz Service 
(part 27, subpart O); Advanced Wireless Services (part 27, subparts K 
and L); Air-Ground Radiotelephone Service (Commercial Aviation) (part 
22, subpart G, of this chapter); Broadband Personal Communications 
Service (part 24, subpart E, of this chapter); Broadband Radio Service 
(part 27, subpart M); Cellular Radiotelephone Service (part 22, subpart 
H); Citizens Broadband Radio Service (part 96, subpart C, of this 
chapter); Dedicated Short Range Communications Service, excluding 
public safety licenses (part 90, subpart M); Educational Broadband 
Service (part 27, subpart M); H Block Service (part 27, subpart K); 
Local Multipoint Distribution Service (part 101, subpart L); 
Multichannel Video Distribution and Data Service (part 101, subpart P); 
Multilateration Location and Monitoring Service (part 90, subpart M); 
Multiple Address Systems (EAs) (part 101, subpart O); Narrowband 
Personal Communications Service (part 24, subpart D); Paging and 
Radiotelephone Service (part 22, subpart E; part 90, subpart P); VHF 
Public Coast Stations, including Automated Maritime Telecommunications 
Systems (part 80, subpart J, of this chapter); Upper Microwave Flexible 
Use Service (part 30 of this chapter); and Wireless Communications 
Service (part 27, subpart D).
* * * * *

[FR Doc. 2020-14885 Filed 7-10-20; 8:45 am]
BILLING CODE 6712-01-P
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