Procedures for Commission Review of State Opt-Out Request From the FirstNet Radio Access Network, 70750 [2021-25708]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Rules and Regulations]
[Page 70750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25708]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 16-269; FCC 17-75; FR ID 59347]


Procedures for Commission Review of State Opt-Out Request From 
the FirstNet Radio Access Network

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) deletes those rules that it previously adopted to 
implement the ``opt-out'' provisions of the Middle Class Tax Relief and 
Job Creation Act of 2012 (Act). This is because the Act established the 
First Responder Network Authority (FirstNet) to oversee the 
construction and operation of a nationwide public safety broadband 
network (NPSBN) in the 700 MHz band; gives each state and territory the 
option to ``opt out'' of using FirstNet's deployment; and no state or 
territory chose to exercise this option within the statutory timeframe.

DATES: Effective January 12, 2022.

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 Order 
in PS Docket No. 16-269; FCC 19-155, adopted and released on March 6, 
2019. The full text of this document is available for public inspection 
online at https://www.fcc.gov/document/opt-out-rules-deletion-order.

Initial Paperwork Reduction Act of 1995 Analysis

    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
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).

Congressional Review Act

    The Commission has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs, that this rule is non-major under the Congressional Review 
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Order to 
Congress and the Government Accountability Office pursuant to 5 U.S.C. 
801(a)(1)(A).

Final Regulatory Review Certification

    Under Section 604(a) of the Regulatory Flexibility Act, the Bureau 
is not required to prepare a final regulatory flexibility analysis 
because the Order does not require notice-and-comment rulemaking.

Synopsis

    On June 22, 2017, the Commission adopted rules, published at 82 FR 
48005, on October 16, 2017, implementing the opt-out review process to 
be conducted by the Commission, pursuant to certain provisions of the 
Act. Because no state or territory elected to utilize these opt-out 
procedures (i.e., 47 CFR 90.532(b)-(f)), there is no continued need for 
these rules, and the Commission hereby deletes them.
    An agency may forego notice and comment rulemaking ``when the 
agency for good cause finds . . . that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' \1\ We find here that notice and comment rulemaking is 
unnecessary and contrary to the public interest, because no state or 
territory has elected to opt-out. As the opt-out rules no longer have 
any practical or legal effect, removing them from the Code of Federal 
Regulations will avoid potential confusion about their continuing 
applicability. Such deletion is also inconsequential to the industry 
and the public and conducting additional processes would be a waste of 
public resources and otherwise contrary to the public interest.
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 553(b)(B); see Util. Solid Waste Activities Grp. v. 
EPA, 236 F.3d 749, 755 (D.C. Cir. 2001) (stating that notice and 
comment is ``unnecessary'' when it involves a ``routine 
determination, insignificant in nature and impact, and 
inconsequential to the industry and to the public'' (internal 
quotation marks omitted)); S. Doc. No. 79-248, at 200, 258 
(indicating that notice and comment is ``contrary to the public 
interest'' when the public lacks interest in a rulemaking).
---------------------------------------------------------------------------

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Private land mobile radio 
services, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. 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
2. Revise Sec.  90.532 to read as follows:


Sec.  90.532   Licensing of the 758-769 MHz and 788-799 MHz Bands; 
First Responder Network Authority License and Renewal.

    Pursuant to Section 6201 of the Middle Class Tax Relief and Job 
Creation Act of 2012, Public Law 112-96, 126 Stat. 156 (2012), a 
nationwide license for use of the 758-769 MHz and 788-799 MHz bands 
shall be issued to the First Responder Network Authority for an initial 
license term of ten years from the date of the initial issuance of the 
license. Prior to expiration of the term of such initial license, the 
First Responder Network Authority shall submit to the Commission an 
application for the renewal of such license. Such renewal application 
shall demonstrate that, during the preceding license term, the First 
Responder Network Authority has met the duties and obligations set 
forth under the foregoing Act. A renewal license shall be for a term 
not to exceed ten years.

[FR Doc. 2021-25708 Filed 12-10-21; 8:45 am]
BILLING CODE 6712-01-P