Improving Public Safety Communications in the 4.9 GHz Band, 59868-59869 [2021-23588]
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59868
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
of 1934, as amended, 47 U.S.C. 154(i),
158(c)(2), 159(c)(2), and 303(r); and
section 7701 of the Debt Collection
Improvement Act of 1996, 31 U.S.C.
7701(c)(1), the Report and Order is
adopted and the Commission’s rules are
hereby amended as set forth in
Appendix B of the Report and Order.
The rules and procedures adopted in the
Report and Order are effective 30 days
after the date of publication in the
Federal Register. The non-substantive
change to an information collection
effected by the revision to § 1.8002(b)(2)
of the Commission’s rules was approved
by OMB on August 11, 2021.
75. It is further ordered that this
Report and Order shall be effective 30
days after publication of a summary in
the Federal Register.
76. It is further ordered that 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, 5 U.S.C.
801(a)(1)(A).
77. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 1
Administrative practice and
procedure, Communications, internet,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons stated in the
preamble, the FCC 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 note, unless otherwise noted.
■
■
■
2. Amend § 1.8002 by:
a. Revising paragraph (b); and
b. Removing paragraph (e).
The revision reads as follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 1.8002
Obtaining an FRN.
*
*
*
*
*
(b)(1) When registering for an FRN
through the CORES, an entity’s name,
entity type, contact name and title,
address, valid email address, and
taxpayer identifying number (TIN) must
be provided. For individuals, the TIN is
the social security number (SSN).
VerDate Sep<11>2014
15:56 Oct 28, 2021
Jkt 256001
(2) Information listed in paragraph
(b)(1) of this section must be kept
current by registrants either by updating
the information on-line at the CORES
link at www.fcc.gov or by filing FCC
Form 161 (CORES Update/Change
Form).
*
*
*
*
*
[FR Doc. 2021–20544 Filed 10–28–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 90
[WP Docket No. 07–100; FCC 21–106; FR
ID 54675]
Improving Public Safety
Communications in the 4.9 GHz Band
Federal Communications
Commission.
ACTION: Final rule; grants of petitions for
reconsideration; and final rule;
correction.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) grants three petitions for
reconsideration insofar as the petitions
sought deletion of the rules adopted in
the Sixth Report and Order in this
proceeding governing the 4.9 GHz
(4940–4990 MHz) band. The
Commission also partially lifts the
licensing freeze to allow incumbents to
modify their existing licenses or to
license new permanent fixed sites.
DATES: This final rule is effective
November 29, 2021. As of November 29,
2021, the final rule published on
November 30, 2020 (85 FR 76469), is
corrected.
SUMMARY:
For
additional information on this
proceeding, contact Jon Markman of the
Wireless Telecommunications Bureau,
Mobility Division, at (202) 418–7090 or
Jonathan.Markman@fcc.gov or Thomas
Eng of the Public Safety and Homeland
Security Bureau at (202) 418–0019 or
Thomas.Eng@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration, in WP Docket No. 07–
100; FCC 21–106, adopted on September
30, 2021, and released on October 1,
2021. The full text of this document is
available for public inspection online at
https://docs.fcc.gov/public/
attachments/FCC-21-106A1.pdf.
FOR FURTHER INFORMATION CONTACT:
Congressional Review Act
The Commission will send a copy of
the Order on Reconsideration in a report
to be sent to Congress and the
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility
Certification
Pursuant to Section 605(b) of the RFA,
if a proposed or final rule, ‘‘. . . will
not, if promulgated, have a significant
economic impact on a substantial
number of small entities[,]’’ an agency is
permitted to file a certification with the
rulemaking containing a statement that
provides a factual basis for its
conclusion that there will not be
significant economic impact on a
substantial number of small entities.
The certification and statement must be
filed in the Federal Register and sent to
the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
The Order on Reconsideration in this
proceeding grants in part the petitions
for reconsideration of the Sixth Report
and Order (85 FR 76469, Nov. 30, 2020),
in WP Docket No. 07–100, reverting
back to the rules that were in effect prior
to modification by the Sixth Report and
Order. No petitions for reconsideration
of the Final Regulatory Flexibility
Analysis (FRFA) that accompanied the
Sixth Report and Order were received
by the Commission. Accordingly, the
Commission has prepared a Final
Regulatory Flexibility Certification
(FRFC) providing the factual basis for its
determination that the Order on
Reconsideration will not have
significant economic impact on a
substantial number of small entities.
The Commission will publish a copy of
the Order on Reconsideration and the
FRFC in the Federal Register and send
a copy to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA). The FRFC is set
forth in Appendix B of the Order on
Reconsideration.
Synopsis
On September 30, 2020, the
Commission adopted the Sixth Report
and Order and Seventh Further Notice
of Proposed Rulemaking (FNPRM) (85
FR 76505, Nov. 30, 2020) (36 FCC Rcd
1958) in this proceeding. The leasing
framework adopted in the Sixth Report
and Order granted states, through a
single statewide entity designated as the
State Lessor, the option to lease
spectrum access to state and local
entities—whether public safety or nonpublic safety—as well as to commercial
and other private entities in their
jurisdictions. State Lessors were also
permitted to use the band for non-public
safety purposes themselves. Prior to the
issuance of the Sixth Report and Order
and Seventh FNPRM, the Public Safety
E:\FR\FM\29OCR1.SGM
29OCR1
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
and Homeland Security Bureau and the
Wireless Telecommunications Bureau
announced a freeze on applications in
the 4.9 GHz band. Pursuant to the
Freeze Public Notice (85 FR 63553, Oct.
8, 2020), the Bureaus are not accepting
applications for new or modified
licenses, including both geographic area
licenses and individual fixed-site
licenses.
On December 30, 2020, the Public
Safety Spectrum Alliance (PSSA), APCO
International (APCO), and the National
Public Safety Telecommunications
Council (NPSTC, and with PSSA and
APCO, the Petitioners) filed petitions for
reconsideration of the Sixth Report and
Order (the Petitions). The Petitioners
asked the Commission to vacate the
Sixth Report and Order because that the
new leasing framework adopted in the
Sixth Report and Order fails to provide
for protection of current and future
public safety use of the band.
The Order on Reconsideration grants
the Petitions insofar as they sought
deletion of the rules adopted in the
Sixth Report and Order. We agree that
the framework, which allows State
Lessors to use and lease the band for
non-public safety purposes, is not in the
public interest, and that the public
interest would be better-served by
considering other models. We also lift,
in part, the licensing freeze adopted in
advance of the Sixth Report and Order,
thereby allowing incumbents to modify
their existing licenses or to license new
permanent fixed sites. We direct the
Bureaus to implement this change to the
freeze via public notice within 30 days
of the adoption of this item.
List of Subjects in 47 CFR Parts 1 and
90
Communications equipment,
Organization and functions
(Government agencies), Radio,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
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 note, unless otherwise noted.
■
■
■
2. Amend § 1.9001 by:
a. Revising paragraph (b); and
b. Removing paragraph (c).
The revision reads as follows:
§ 1.9001
*
*
*
*
(b) Licensees holding exclusive use
rights are permitted to engage in
spectrum leasing whether their
operations are characterized as
commercial, common carrier, private, or
non-common carrier.
§ 1.9005
§ 1.9048 Special provisions relating to
spectrum leasing arrangements involving
licensees in the Public Safety Radio
Services.
Licensees in the Public Safety Radio
Services (see part 90, subpart B, and
§ 90.311(a)(1)(i) of this chapter) may
enter into spectrum leasing
arrangements with other public safety
entities eligible for such a license
authorization as well as with entities
providing communications in support of
public safety operations (see § 90.523(b)
of this chapter).
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
Authority: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7), 1401–1473.
■
■
■
6. Amend § 90.1203 by:
a. Revising paragraph (b); and
b. Removing paragraph (c).
The revision reads as follows:
1. On page 76480, in the first column,
in part 90, amendatory instruction 7
(adding § 90.1217) is removed.
*
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Jkt 256001
[Amended]
3. Amend § 1.9005 by:
■ a. Adding the word ‘‘and’’ at the end
of paragraph (nn); and
■ b. Removing and reserving paragraph
(oo).
■ 4. Revise § 1.9048 to read as follows:
■
§ 90.1203
15:56 Oct 28, 2021
Purpose and scope.
*
PART 90 [Corrected]
VerDate Sep<11>2014
BILLING CODE 6712–01–P
5. The authority citation for part 90
continues to read as follows:
■
are limited to operations in support of
public safety.
[FR Doc. 2021–23588 Filed 10–28–21; 8:45 am]
PART 1—PRACTICE AND
PROCEDURE
■
Correction
In FR Doc. 2020–23506, appearing on
page 76469 in the Federal Register of
Monday, November 30, 2020, the
following correction is made:
khammond on DSKJM1Z7X2PROD with RULES
Commission amends 47 CFR parts 1 and
90 as follows:
59869
Eligibility.
*
*
*
*
(b) 4.9 GHz band licensees may enter
into sharing agreements or other
arrangements for use of the spectrum
with entities that do not meet the
eligibility requirements in this section.
However, all applications in the band
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 203, 205, 207, 209, 211,
212, 215, 216, 217, 218, 222, 223, 225,
228, 231, 232, 233, 239, 242, 245, 246,
251, and 252
[Docket DARS–2021–0001]
Defense Federal Acquisition
Regulation Supplement: Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
SUMMARY:
DATES:
Effective October 29, 2021.
Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
OUSD(A&S)DPC(DARS), Room 3B938,
3060 Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6100.
SUPPLEMENTARY INFORMATION: This final
rule makes editorial changes to 48 CFR
parts 203, 205, 207, 209, 211, 212, 215,
216, 217, 218, 222, 223, 225, 228, 231,
232, 233, 239, 242, 245, 246, 251, and
252 to amend the DFARS.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 203,
205, 207, 209, 211, 212, 215, 216, 217,
218, 222, 223, 225, 228, 231, 232, 233,
239, 242, 245, 246, 251, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 203, 205, 207,
209, 211, 212, 215, 216, 217, 218, 222,
223, 225, 228, 231, 232, 233, 239, 242,
245, 246, 251, and 252 are amended as
follows:
■ 1. The authority citation for 48 CFR
parts 203, 205, 207, 209, 211, 212, 215,
216, 217, 218, 222, 223, 225, 228, 231,
232, 233, 239, 242, 245, 246, 251, and
252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
E:\FR\FM\29OCR1.SGM
29OCR1
]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59868-59869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23588]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 90
[WP Docket No. 07-100; FCC 21-106; FR ID 54675]
Improving Public Safety Communications in the 4.9 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Final rule; grants of petitions for reconsideration; and final
rule; correction.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) grants three petitions for reconsideration insofar as the
petitions sought deletion of the rules adopted in the Sixth Report and
Order in this proceeding governing the 4.9 GHz (4940-4990 MHz) band.
The Commission also partially lifts the licensing freeze to allow
incumbents to modify their existing licenses or to license new
permanent fixed sites.
DATES: This final rule is effective November 29, 2021. As of November
29, 2021, the final rule published on November 30, 2020 (85 FR 76469),
is corrected.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Jon Markman of the Wireless Telecommunications
Bureau, Mobility Division, at (202) 418-7090 or
[email protected] or Thomas Eng of the Public Safety and
Homeland Security Bureau at (202) 418-0019 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration, in WP Docket No. 07-100; FCC 21-106, adopted on
September 30, 2021, and released on October 1, 2021. The full text of
this document is available for public inspection online at https://docs.fcc.gov/public/attachments/FCC-21-106A1.pdf.
Congressional Review Act
The Commission will send a copy of the Order on Reconsideration 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).
Final Regulatory Flexibility Certification
Pursuant to Section 605(b) of the RFA, if a proposed or final rule,
``. . . will not, if promulgated, have a significant economic impact on
a substantial number of small entities[,]'' an agency is permitted to
file a certification with the rulemaking containing a statement that
provides a factual basis for its conclusion that there will not be
significant economic impact on a substantial number of small entities.
The certification and statement must be filed in the Federal Register
and sent to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). The Order on Reconsideration in this proceeding
grants in part the petitions for reconsideration of the Sixth Report
and Order (85 FR 76469, Nov. 30, 2020), in WP Docket No. 07-100,
reverting back to the rules that were in effect prior to modification
by the Sixth Report and Order. No petitions for reconsideration of the
Final Regulatory Flexibility Analysis (FRFA) that accompanied the Sixth
Report and Order were received by the Commission. Accordingly, the
Commission has prepared a Final Regulatory Flexibility Certification
(FRFC) providing the factual basis for its determination that the Order
on Reconsideration will not have significant economic impact on a
substantial number of small entities. The Commission will publish a
copy of the Order on Reconsideration and the FRFC in the Federal
Register and send a copy to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). The FRFC is set forth in Appendix B of
the Order on Reconsideration.
Synopsis
On September 30, 2020, the Commission adopted the Sixth Report and
Order and Seventh Further Notice of Proposed Rulemaking (FNPRM) (85 FR
76505, Nov. 30, 2020) (36 FCC Rcd 1958) in this proceeding. The leasing
framework adopted in the Sixth Report and Order granted states, through
a single statewide entity designated as the State Lessor, the option to
lease spectrum access to state and local entities--whether public
safety or non-public safety--as well as to commercial and other private
entities in their jurisdictions. State Lessors were also permitted to
use the band for non-public safety purposes themselves. Prior to the
issuance of the Sixth Report and Order and Seventh FNPRM, the Public
Safety
[[Page 59869]]
and Homeland Security Bureau and the Wireless Telecommunications Bureau
announced a freeze on applications in the 4.9 GHz band. Pursuant to the
Freeze Public Notice (85 FR 63553, Oct. 8, 2020), the Bureaus are not
accepting applications for new or modified licenses, including both
geographic area licenses and individual fixed-site licenses.
On December 30, 2020, the Public Safety Spectrum Alliance (PSSA),
APCO International (APCO), and the National Public Safety
Telecommunications Council (NPSTC, and with PSSA and APCO, the
Petitioners) filed petitions for reconsideration of the Sixth Report
and Order (the Petitions). The Petitioners asked the Commission to
vacate the Sixth Report and Order because that the new leasing
framework adopted in the Sixth Report and Order fails to provide for
protection of current and future public safety use of the band.
The Order on Reconsideration grants the Petitions insofar as they
sought deletion of the rules adopted in the Sixth Report and Order. We
agree that the framework, which allows State Lessors to use and lease
the band for non-public safety purposes, is not in the public interest,
and that the public interest would be better-served by considering
other models. We also lift, in part, the licensing freeze adopted in
advance of the Sixth Report and Order, thereby allowing incumbents to
modify their existing licenses or to license new permanent fixed sites.
We direct the Bureaus to implement this change to the freeze via public
notice within 30 days of the adoption of this item.
List of Subjects in 47 CFR Parts 1 and 90
Communications equipment, Organization and functions (Government
agencies), Radio, Reporting and recordkeeping requirements,
Telecommunications.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
Correction
In FR Doc. 2020-23506, appearing on page 76469 in the Federal
Register of Monday, November 30, 2020, the following correction is
made:
PART 90 [Corrected]
0
1. On page 76480, in the first column, in part 90, amendatory
instruction 7 (adding Sec. 90.1217) is removed.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1 and 90 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 note,
unless otherwise noted.
0
2. Amend Sec. 1.9001 by:
0
a. Revising paragraph (b); and
0
b. Removing paragraph (c).
The revision reads as follows:
Sec. 1.9001 Purpose and scope.
* * * * *
(b) Licensees holding exclusive use rights are permitted to engage
in spectrum leasing whether their operations are characterized as
commercial, common carrier, private, or non-common carrier.
Sec. 1.9005 [Amended]
0
3. Amend Sec. 1.9005 by:
0
a. Adding the word ``and'' at the end of paragraph (nn); and
0
b. Removing and reserving paragraph (oo).
0
4. Revise Sec. 1.9048 to read as follows:
Sec. 1.9048 Special provisions relating to spectrum leasing
arrangements involving licensees in the Public Safety Radio Services.
Licensees in the Public Safety Radio Services (see part 90, subpart
B, and Sec. 90.311(a)(1)(i) of this chapter) may enter into spectrum
leasing arrangements with other public safety entities eligible for
such a license authorization as well as with entities providing
communications in support of public safety operations (see Sec.
90.523(b) of this chapter).
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
5. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
0
6. Amend Sec. 90.1203 by:
0
a. Revising paragraph (b); and
0
b. Removing paragraph (c).
The revision reads as follows:
Sec. 90.1203 Eligibility.
* * * * *
(b) 4.9 GHz band licensees may enter into sharing agreements or
other arrangements for use of the spectrum with entities that do not
meet the eligibility requirements in this section. However, all
applications in the band are limited to operations in support of public
safety.
[FR Doc. 2021-23588 Filed 10-28-21; 8:45 am]
BILLING CODE 6712-01-P
