Improving Public Safety Communications in the 4.9 GHz Band, 91578-91585 [2024-26794]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91578-91585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26794]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0 and 90

[PS Docket No. 07-100; FCC 24-114; FR ID 258077]


Improving Public Safety Communications in the 4.9 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) takes another major step towards ensuring that the 4940-
4990 MHz band (4.9 GHz band) is efficiently and intensely utilized in 
support of public safety missions nationwide. To that end, the 
Commission bolsters the coordinated nationwide approach to the band 
that it established in its Seventh Report and Order, FCC 23-3, in which 
it adopted a nationwide Band Manager framework to coordinate operations 
in the 4.9 GHz band, optimize public safety use, and facilitate the 
integration of the latest commercially available technologies, 
including 5G, for the benefit of public safety users. To further these 
goals--and ensure that the 4.9 GHz band is put to more robust use 
nationwide in the near term--the 4.9 GHz Band Manager, once selected, 
will be eligible to apply for a nationwide

[[Page 91579]]

overlay license and authorized to enter into a sharing agreement with 
the First Responder Network Authority (FirstNet). Pursuant to this 
sharing agreement, FirstNet may be permitted to use unassigned spectrum 
in the 4.9 GHz band as part of its nationwide public safety broadband 
network (NPSBN) in a manner that protects incumbent operations. In 
addition to expanding the Band Manager's responsibilities to include 
entering into a sharing agreement with FirstNet and establishing rules 
governing the nationwide Band Manager overlay license, the Commission 
also reaffirms its commitment to the nationwide Band Manager framework 
and clarifies the Band Manager's responsibilities to address the new 
rules we adopt herein.

DATES: Effective December 20, 2024.

ADDRESSES: Federal Communications Commission, 45 L St. NE, Washington, 
DC 20554.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Paul Powell of the Wireless Telecommunications 
Bureau, Mobility Division, at 202-418-1613 or [email protected], or 
Brian Marenco of the Public Safety and Homeland Security Bureau at 202-
418-0838 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Eighth 
Report and Order in WP Docket No. 07-100; FCC 24-114, adopted on 
October 18, 2024, and released on October 22, 2024. The full text of 
this document is available for public inspection online at https://www.fcc.gov/document/fcc-adopts-new-rules-public-safety-49-ghz-band.

Synopsis

    1. In the Eighth Report and Order, the Commission finds that its 
topline goals of preserving and expanding use to a variety of primary 
public safety operations would be best served by assigning a nationwide 
overlay license to the Band Manager. Rather than directly operating in 
the band, the Band Manager, once selected, will be authorized to enter 
into a sharing agreement with FirstNet to enable use of unassigned 
portions of the 4.9 GHz band as part of FirstNet's NPSBN in a manner 
that protects incumbent operations. The Commission also clarifies that 
FirstNet remains free to enter into additional sharing agreements with 
incumbent licensees to operate within their service areas consistent 
with Sec.  90.1203(b) of the Commission's rules. After review of the 
record, the Commission concludes that allowing the Band Manager to 
enter into a sharing agreement with FirstNet to enable broader access 
into the band by FirstNet's NPSBN, while also working with public 
safety licensees to coordinate and rationalize their use of the band, 
can enable greater public safety use, including for 5G, and has the 
potential to free up new opportunities for expanded use of the band in 
the near term. In addition, after review of the record, the Commission 
also finds that public safety entities would be better served by 
clarifying the Band Manager's primary responsibilities and revise Sec.  
90.1217 of our rules accordingly.
    2. Nationwide Overlay License. Based on the Commission's review of 
this record, it is persuaded that expanding the Band Manager's role and 
responsibilities to encompass a nationwide overlay license and a 
sharing agreement with FirstNet for any unassigned spectrum is the best 
approach to ensure that 4.9 GHz band spectrum is more fully utilized in 
the near term, while at the same time protecting existing incumbent 
licensee usage. The Band Manager, once it has applied for and receives 
an overlay licensee, will obtain the rights to a nationwide geographic 
area license across the entire 50 megahertz of the band that is 
``overlaid'' on top of the existing incumbent licenses and includes 
areas where spectrum is unassigned. The Commission finds that this 
licensing structure, combined with authorizing the Band Manager to 
enter into a sharing agreement enabling FirstNet to operate where white 
spaces exist, is the best mechanism for increasing public safety 
operations in this band in the near term.
    3. The Band Manager will also carry with it important 
responsibilities in conjunction with its overlay licensee role, 
paramount among them being the obligation to oversee use of the 
spectrum pursuant to the sharing agreement to ensure that FirstNet's 
operations on these frequencies do not interfere with incumbent 
operations. The Band Manager will be authorized to enable FirstNet to 
operate anywhere within the geographic area of the overlay license, 
subject to the parameters of the sharing agreement and protection of 
incumbent licensees. If an incumbent licensee cancels or terminates its 
license, the Band Manager will be authorized to amend its sharing 
agreement with FirstNet, if necessary, to include the rights to operate 
in the geographic (or site-based) area and on the channel(s) of the 
cancelled license. For these reasons, the Commission believes that this 
mechanism is the best method to make certain that the 4.9 GHz band 
remains a public safety band which is more fully utilized, including by 
existing incumbent licensees. The Band Manager will ensure that 
incumbent licensees can continue their existing operations to suit 
their unique spectrum needs while simultaneously and separately 
authorizing FirstNet's operations in areas of the band where there are 
no incumbent operations. The Commission clarifies that FirstNet remains 
free to enter into additional sharing agreements with incumbent 
licensees to allow it to operate within the service areas of incumbent 
licensees consistent with Sec.  90.1203(b) of the Commission's rules.
    4. The Commission also concludes that the future issuance of the 
Band Manager overlay license is consistent with our statutory authority 
under section 309(j) of the Communications Act. The Commission finds 
that this exemption applies to the 4.9 GHz band because the Commission 
specifically designated this band for services intended to protect the 
safety of life, health, or property. In the Third Report and Order, FCC 
11-6, published at 76 FR 54977, September 6, 2011, the Commission 
concluded that eligibility for entrance into and operations in the 4.9 
GHz band are primarily limited to the provision of public safety 
services as defined in Sec.  90.523 of the Commission's rules. The 
Commission finds that because a majority of users licensed in the 4.9 
GHz band are qualified to obtain auction-exempt spectrum, assigning a 
nationwide overlay license to the Band Manager is also exempt from 
auction. As explained in the Eighth Report and Order, the primary use 
of the band--protecting the safety of life, health, or property--will 
not change by assigning an overlay license to the Band Manager and 
authorizing it to enter into a sharing agreement with FirstNet. Thus, 
the Commission finds that it is appropriate and in the public interest 
to apply the public safety radio services exemption to this band to 
assign a nationwide overlay license to the 4.9 GHz Band Manager, once 
it is selected and has successfully applied for such a license.
    5. Spectrum Sharing Agreement with FirstNet. In conjunction with 
issuance of a nationwide overlay license to the Band Manager, once 
selected, the Band Manager will be authorized to enter into a sharing 
agreement with FirstNet for use of the unassigned 4.9 GHz band spectrum 
that will be covered by the Band Manager's license. In furtherance of 
this model, the Commission clarifies that Sec.  2.103(b) of the 
Commission's rules may enable any federal stations used by FirstNet to 
operate in the band pursuant to its anticipated sharing agreement with 
the Band Manager. Similarly, the Commission also clarifies that this

[[Page 91580]]

section may enable any federal stations used by FirstNet to operate in 
the band pursuant to a sharing agreement with incumbent licensees where 
that agreement is also consistent with Sec.  90.1203(b) of our rules. 
While federal entities generally are not authorized by the Commission 
to use non-federal frequencies, limited exceptions exist where the 
Commission finds that doing so would be in the public interest, as 
codified in Sec.  2.103. The Commission has found that both federal and 
non-federal public safety entities ``could benefit from the same 
broadband communications technologies contemplated for this band.'' 
Thus, the Commission agrees that the current structure of Sec.  2.103 
permits federal stations meeting certain conditions to operate on non-
Federal spectrum and may in the instant scenario permit federal 
stations used by FirstNet to access the Band Manager's licensed 
spectrum pursuant to the anticipated sharing agreement.
    6. Band Manager Responsibilities. Based on the record in response 
to the Ninth Further Notice and the Commission's decision in the Eighth 
Report and Order, the Commission clarifies that the Band Manager will 
continue to be tasked with the responsibilities that the Commission 
assigned to it in the Seventh Report and Order, published at 88 FR 
12565, February 28, 2023. The Commission also amends its rules to give 
the Band Manager additional responsibilities to effectively implement 
the licensing and sharing regime described above. Thus, the Band 
Manager's primary responsibilities will now include: (1) frequency 
coordination and interference protection for the operations of existing 
incumbent public safety licensees; (2) managing a spectrum sharing 
agreement with FirstNet; (3) incentivizing the use of the latest 
commercially available technologies; (4) facilitating non-public safety 
access through leasing; and (5) submitting an annual report to the 
Commission. The Commission also declines to make a determination as it 
pertains to allowing non-public safety operations in the band through a 
Band Manager-facilitated leasing model as this is not the best method 
of increasing utilization of the band at this time.
    7. Prior to entering into its sharing agreement with FirstNet, the 
Band Manager will be required to make a filing associated with its 
license in ULS certifying to the Commission that the sharing agreement 
will be consistent with Sec. Sec.  2.103(b) and 90.1207(h) of the 
Commission's rules, and operations undertaken per the sharing agreement 
will not cause harmful interference to incumbent licensees. If such 
interference occurs, the Band Manager must require FirstNet to 
immediately cease operations. The Commission will also require the Band 
Manager to certify that FirstNet has placed stations into operation 
within twelve months from the execution date of the sharing agreement. 
The Commission believes that this decision is consistent with our 
decision in the Seventh Report and Order to harmonize the construction 
deadlines for the 4.9 GHz band with the deadlines of Sec.  90.155, 
which is the analogous rule for the majority of part 90 radio services. 
The Commission delegates authority and directs the Public Safety and 
Homeland Security Bureau and Wireless Telecommunications Bureau 
(collectively, the Bureaus) to establish the form and process for the 
submission of the required certifications detailed in the Eighth Report 
and Order. Finally, the Commission finds that the existing renewal 
standards and requirements that apply to our part 90 licenses will 
apply to the nationwide overlay license.
    8. Selection of the Band Manager. In the Seventh Report and Order, 
the Commission concluded that the Band Manager would be identified by a 
selection committee to be named by the Commission and it sought comment 
on the nature of that committee and its processes in the Ninth Further 
Notice. In particular, the Commission sought comment on whether it 
should ``direct specific organizations to designate a representative to 
serve on the selection committee'' and whether the committee should 
include representatives of non-public safety users of the band in 
addition to public safety representatives. The Commission also 
tentatively concluded in the Ninth Further Notice that the selection 
committee should be ``composed of an odd number of representatives to 
prevent deadlock.'' As part of the Commission's oversight of the 
selection committee, it proposed that the committee establish selection 
criterial based on the functions of the Band Manager.
    9. Because the Commission's decision in the Eighth Report and Order 
is geared towards maintaining the public safety nature of the band, we 
give deference to the views expressed by that community. The Commission 
concludes, however, that it is unnecessary to resolve the issues raised 
in the comments at this time. Instead, the Commission delegates broad 
authority to the Bureaus to establish the procedures by which a 
selection committee will be chosen, identify representatives to sit on 
the selection committee, determine the requisite number of selection 
committee members, identify the applicable selection criteria, and 
establish the appropriate procedures and appropriate oversight for the 
selection process as part of choosing the Band Manager. The Commission 
instructs the Bureaus to consider the record in this proceeding in 
exercising their delegated authority.
    10. 4.9 GHz Band Freeze. Under the current freeze on applications 
for new licenses in the 4.9 GHz band, no new licensees may enter the 
band, but incumbents may file to modify their licenses or to license 
new sites in a fixed system. In the Ninth Further Notice, the 
Commission sought comment on whether to lift the freeze. We note that a 
freeze on new entrants has been in effect since 2020. We also continue 
to believe that issuing licenses to new entrants before the Commission 
has collected granular data from incumbent licensees would further 
complicate the spectrum environment and undermine the Band Manager's 
flexibility to provide for efficient use of this spectrum.
    11. While this process is ongoing, the Commission finds that 
freezing expansions, additions to, or modification of other technical 
parameters applicable to incumbent licensees is also necessary in light 
of our decision here to enable expanded public safety access to the 
band through the Band Manager's nationwide overlay license and sharing 
agreement with FirstNet. The Commission is cognizant that some 
incumbent licensees, in reliance on the existing state of the freeze 
prior to the decision in the Eighth Report and Order, may have invested 
in systems that they hoped to use to modify or expand current 
operations. However, the Commission believes that a stable spectrum 
landscape reflecting the current state of operations in the band will 
better facilitate analysis of the upcoming granular data collection of 
licensed operations by the Commission, the Band Manager, and other 
interested parties. The Commission also reminds applicants and current 
licensees facing special circumstances that they may seek a waiver of 
the freeze pursuant to Sec.  1.925 of the Commission's rules.
    12. Accordingly, until further notice, the Commission retains the 
freeze for all applicants who are not already 4.9 GHz licensees, and we 
reinstate the freeze as it applies to incumbent licensees that was 
lifted pursuant to the 2021 Order on Reconsideration, FCC 21-106, 
published at 86 FR 59868, October 29, 2021, and the Freeze Modification 
Public Notice. Specifically, the Commission reinstates the freeze that 
was lifted on incumbents adding new

[[Page 91581]]

licenses or modifying existing licenses unless otherwise excepted, and 
unless incumbents are filing certain types of applications to comply 
with the granular data collection. The Commission directs the Bureaus 
to implement this change to the freeze via public notice within 30 days 
of the adoption of the Eighth Report and Order. The Bureaus will retain 
jurisdiction to manage and implement the freeze in the future, and we 
clarify that this freeze shall not apply to any necessary filings 
associated with issuance of the Band Manager's nationwide overlay 
license.
    13. Future Licensing of the Band. In the Seventh Report and Order 
the Commission adopted its proposal to collect additional technical 
data on public safety operations stating that the submission of this 
data will improve interference protection and give public safety 
licensees more confidence in the band. The Commission also determined 
it would require incumbent licensees to supply complete microwave path 
data for fixed links, and to obtain a license for base stations 
(currently authorized under the geographic license scheme) on a site-
by-site basis. The Bureaus will issue a Public Notice that will give 
incumbent licensees 6 months to make the appropriate filings in our 
Universal Licensing System. In connection with this decision, the 
Commission sought comment in the Ninth Further Notice on whether 
incumbent licensees should be allowed to retain their geographic-area 
licenses after they have been issued site-based licenses. The 
Commission also sought general comment on the future licensing of the 
band, noting our decision in the Seventh Report and Order to adopt a 
Band Manager regime and taking into consideration the questions 
regarding implementation.
    14. We note that geographic licenses permit the licensee to use any 
channel in the band, while site-based licenses are frequency-specific. 
The results of the collection of granular technical data that the 
Commission initiated in the Seventh Report and Order will require the 
incumbent licensees to complete a thorough review of their current 
operations under their active PA licenses. The incumbents will then use 
ULS to create new licenses (with granular data) in newly created radio 
service codes PB (public safety licensees performing base/mobile, 
mobile-only or temporary fixed operations) and PF (public safety 
licensees operating fixed links). The Commission finds that the 
incumbent licensees' current PA licenses will be cancelled once the 
incumbents apply for and are authorized under the newly created radio 
service codes. The Commission reminds incumbents that this decision to 
cancel the former licenses once the new licenses have been created does 
not modify or alter incumbents' rights to operate their existing 
networks. Instead, the Commission believes that this decision aligns 
with the intent of our decision in the Seventh Report and Order to 
collect more granular data such that it will ``improve interference 
mitigation efforts and bolster public safety confidence in the band'' 
and is the best approach to ensure that ULS does not contain 
duplicative or inaccurate licenses once the incumbents have received 
their new radio service codes.
    15. The Commission likewise believes that the collection of this 
granular technical data will help the Band Manager identify specific 
frequency usage across all deployments in the band, and thus 
potentially unused channels within areas covered by certain geographic 
licenses. While PSSA's and AT&T's proposals to require that incumbent 
licensees surrender to the Band Manager or share with FirstNet any 
unused spectrum could potentially make more spectrum available to 
FirstNet and increase overall spectrum efficiency in the band, the 
Commission defers any consideration of those proposals until after the 
Commission has completed its collection and analysis of granular 
technical data on incumbent licensed public safety operations in the 
band.

Procedural Matters

Paperwork Reduction Act

    16. The Eighth Report and Order may contain new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. All such requirements will be 
submitted to the Office of Management and Budget (OMB) for review under 
section 3507(d) of the PRA. OMB, the general public, and other Federal 
agencies will be invited to comment on any new or modified information 
collection requirements contained in this proceeding. In addition, we 
note that pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
    17. In this present document, the Commission has assessed the 
effects of our creation of a new Band Manager overlay license, and find 
that it will have a small impact on small governmental entities which 
are currently 4.9 GHz licensees, mainly related to the collection of 
data about existing 4.9 GHz deployments.

Final Regulatory Flexibility Analysis

    18. The Regulatory Flexibility Act of 1980, as amended (RFA) 
requires that an agency prepare a regulatory flexibility analysis for 
notice and comment rulemakings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' Accordingly, the Commission has 
prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the 
possible impact of the rule changes contained in the Eighth Report and 
Order on small entities. The FRFA is set forth in appendix B of the 
Eighth Report and Order.

Congressional Review Act

    19. The Commission will submit the Eighth Report and Order to the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, for concurrence as to whether this 
rule is ``major'' or ``non-major'' under the Congressional Review Act, 
5 U.S.C. 804(2). The Commission will send a copy of the Eighth Report 
and Order to Congress and the Government Accountability Office pursuant 
to 5 U.S.C. 801(a)(1)(A).

Final Regulatory Flexibility Analysis

    20. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Eighth Further Notice of Proposed Rulemaking 
(Eighth Further Notice) released in October 2021, published at 86 FR 
59934, October 29, 2021, and Ninth Further Notice of Proposed 
Rulemaking (Ninth Further Notice) released in January 2023, published 
at 88 FR 12637, February 28, 2023. The Federal Communications 
Commission (Commission) sought written public comment on the proposals 
in the Eighth and Ninth Further Notices, including comment on the IRFA. 
No comments were filed addressing the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    21. In the Eighth Report and Order, the Commission seeks to meet 
its objectives of ensuring efficient and effective utilization of the 
4940-4990 MHz band (4.9 GHz band) in support of public safety missions 
nationwide. To

[[Page 91582]]

achieve these objectives, the Eighth Report and Order bolsters the 
coordinated nationwide approach to the band that the Commission 
established in its Seventh Report and Order, in which it adopted a 
nationwide Band Manager framework to coordinate operations in the 4.9 
GHz band, optimize public safety use, and facilitate the integration of 
the latest commercially available technologies, including 5G, for the 
benefit of public safety users. To further these goals and to ensure 
efficient use of the 4.9 GHz band nationwide, the 4.9 GHz Band Manager, 
once selected, will be eligible to apply for a nationwide overlay 
license and authorized to enter into a sharing agreement with the First 
Responder Network Authority (FirstNet). Pursuant to this sharing 
agreement, FirstNet may be permitted to use unassigned spectrum in the 
4.9 GHz band as part of its nationwide public safety broadband network 
(NPSBN) in a manner that fully protects incumbent operations. In 
addition to expanding the Band Manager's responsibilities to include 
entering into a sharing agreement with FirstNet and establishing rules 
governing the nationwide Band Manager overlay license, the adopted 
rules in the Eighth Report and Order also reaffirm the Commission's 
commitment to the nationwide Band Manager framework and clarify the 
Band Manager's responsibilities.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    22. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    23. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments. The Chief Counsel did not 
file any comments in response to the proposed rules or policies in this 
proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    24. 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 rules adopted herein. 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.
    25. Small Businesses, Small Organizations, Small Government 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe, at the 
outset, three broad groups of small entities that could be directly 
affected herein. First, while there are industry specific size 
standards for businesses that are used in the regulatory flexibility 
analysis, according to data from the Small Business Administration's 
(SBA) Office of Advocacy, in general a small business is an independent 
business having fewer than 500 employees. These types of small 
businesses represent 99.9% of all businesses in the United States, with 
translates to 33.2 million businesses.
    26. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2022, there were 
approximately 530,109 small exempt organizations in the U.S. reporting 
revenue of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    27. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2022 Census of Governments indicate there were 
90,837 local governmental jurisdictions consisting of general purpose 
governments and special purpose governments in the United States. Of 
this number, there were 36,845 general purpose governments (county, 
municipal, and town or township) with populations of less than 50,000 
and 11,879 special purpose governments (independent school districts) 
with enrollment populations of less than 50,000. Accordingly, based on 
the 2022 U.S. Census of Government data, we estimate that at least 
48,724 entities fall into the category of ``small government 
jurisdictions.''
    28. Frequency Coordinators. Frequency coordinators are entities or 
organizations certified by the Commission to recommend frequencies for 
use by licensees in the Private Land Mobile Radio (PLMR) Services that 
will most effectively meet the applicant's needs while minimizing 
interference to licensees already operating within a given frequency 
band. Neither the Commission nor the SBA have developed a small 
business size standard specifically applicable to spectrum frequency 
coordinators. Business Associations, which comprises establishments 
primarily engaged in promoting the business interests of their members, 
is the closest applicable industry with a SBA small business size 
standard.
    29. The SBA small business size standard for Business Associations 
classifies firms with annual receipts of $8 million or less as small. 
For this industry, U.S. Census Bureau data for 2017 show that there 
were 14,540 firms that operated for the entire year. Of these firms, 
11,215 had revenue of less than $5 million. Based on this data, the 
majority of firms in the Business Associations industry can be 
considered small. However, the Business Associations industry is very 
broad and does not include specific figures for firms that are engaged 
in frequency coordination. Thus, the Commission is unable to ascertain 
exactly how many of the frequency coordinators are classified as small 
entities under the SBA size standard. According to Commission data, 
there are 13 entities certified to perform frequency coordination 
functions under part 90 of the Commission's rules. For purposes of this 
FRFA, the Commission estimates that a majority of the 13 FCC-certified 
frequency coordinators are small.
    30. Private Land Mobile Radio Licensees. PLMR systems serve an 
essential role in a vast range of industrial, business, land 
transportation, and public safety activities. Companies of all sizes 
operating in all U.S. business categories use these radios. Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications, is the 
closest industry with an SBA small business size standard applicable to 
these services. The SBA small size standard for this industry 
classifies a business as small if it has 1,500 or fewer employees. U.S.

[[Page 91583]]

Census Bureau data for 2017 show that there were 2,893 firms that 
operated in this industry for the entire year. Of this number, 2,837 
firms employed fewer than 250 employees. Thus, under the SBA size 
standard, the Commission estimates licensees in this industry can be 
considered small.
    31. Based on Commission data as of December 14, 2021, there are 
approximately 387,370 active PLMR licenses. Active PLMR licenses 
include 3,577 licenses in the 4.9 GHz band; 19,011 licenses in the 800 
MHz band; and 2,716 licenses in the 900 MHz band. Since the Commission 
does not collect data on the number of employees for licensees 
providing these services, at this time we are not able to estimate the 
number of licensees with active licenses that would qualify as small 
under the SBA's small business size standard. Nevertheless, the 
Commission believes that a substantial number of PLMR licensees are 
small entities.
    32. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. 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 small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.
    33. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 511 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    34. The Commission anticipates that the rule changes adopted in the 
Eighth Report and Order will create de minimis new compliance 
requirements for small entities. The adopted rules will cause the 4.9 
GHz Band Manager, once selected, to become eligible to apply for a 
nationwide overlay license and will authorize the Band Manager to enter 
into a sharing agreement with FirstNet. Pursuant to this sharing 
agreement, FirstNet may be permitted to use unassigned spectrum in the 
4.9 GHz band as part of its NPSBN. Once selected, the Band Manager's 
primary responsibilities will include: (1) frequency coordination and 
interference protection for incumbent public safety licensees; (2) 
managing a spectrum sharing agreement with FirstNet; (3) 
incentivization of the use of the latest commercially available 
technologies; (4) facilitating non-public safety access through 
leasing; and (5) submitting an annual report to the Commission. The 
Commission notes that the rules adopted in the Eighth Report and Order 
do not create any significant additional compliance requirements for 
small entities. However, in assessing the cost of compliance for small 
entities, at this time the Commission is not in a position to determine 
whether these actions will require small entities to hire professionals 
to comply, and cannot quantify the cost of compliance with the rule 
changes that were adopted. Nevertheless, the Commission believes the 
benefits gained from the adopted rules by 4.9 GHz licensees and more 
optimized use of the band outweigh potential compliance costs incurred.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    35. The RFA requires an agency to provide, ``a description of the 
steps the agency has taken to minimize the significant economic impact 
on small entities . . . including a statement of the factual, policy, 
and legal reasons for selecting the alternative adopted in the final 
rule and why each one of the other significant alternatives to the rule 
considered by the agency which affect the impact on small entities was 
rejected.''
    36. In the Eighth Report and Order, the Commission adopts measures 
to further promote use of the 4.9 GHz band for a variety of primary 
public safety operations. In doing so, it makes the 4.9 GHz Band 
Manager eligible to apply for a nationwide overlay license and 
authorizes the Band Manager to enter into a sharing agreement with 
FirstNet to enable use of the 4.9 GHz band as part of its NPSBN in a 
manner that fully protects incumbent operations. In this context, the 
Band Manager will be required to work with public safety licensees to 
rationalize their use. The Commission's actions do not alter any of the 
actions that the Commission adopted in the Seventh Report and Order as 
they pertain to requiring small and other public safety incumbents and 
future applicants for the 4.9 GHz band to submit data on FCC Form 601. 
As we noted in the Seventh Report and Order, collecting the additional 
technical data on public safety operations will benefit public safety 
licensees operating in the band because it will improve interference 
protection and give public safety licensees more confidence in the band 
without adding a significant economic or administrative burden on 
licensees or applicants to submit the data. The Commission considered 
alternative approaches, however, the record reflects support from 
commenters, some of which include or represent small entities, that 
agree our adopted approach in the Eighth Report and Order could have 
the effect of increasing band usage for first responders and other 
public safety missions, while preserving incumbent operations.
    37. While small and other public safety applicants seeking to 
license facilities in the 4.9 GHz band will be subject to formal 
frequency coordination procedures, the economic impact will be 
minimized through the Eighth Report and Order's adoption of a frequency 
coordination process with which public safety licensees operating PLMR 
facilities in other frequency bands are familiar. Once in place, the 
formal frequency coordination process will ensure the efficient 
assignment and use of spectrum while minimizing interference to 
incumbents. Consequently, the frequency coordination process will 
improve interference protection and give public safety licensees more 
confidence in the

[[Page 91584]]

band without adding a significant economic burden on applicants.
    38. Finally, all other Commission actions related to the Band 
Manager in the Eighth Report and Order, such as the Band Manager's 
responsibility to identify unused spectrum access opportunities, do not 
create a significant economic impact on small entities.

G. Report to Congress

    39. The Commission will send a copy of the Eighth Report and Order, 
including this FRFA, in a report to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Eighth Report and Order, including this FRFA, to the Chief 
Counsel for Advocacy of the SBA. A copy of the Eighth Report and Order, 
and FRFA (or summaries thereof) will also be published in the Federal 
Register.

Ordering Clauses

    40. Accordingly, it is ordered that, pursuant to the authority 
found in sections 4(i), 4(j), 302, 303(b), 303(f), 303(g), 303(r), 
309(j) and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), 302a, 303(b), 303(f), 303(g), 303(r), 309(j), and 405, 
as well as Sec.  1.429 of the Commission's rules, 47 CFR 1.429, that 
this Eighth Report and Order is hereby adopted.
    41. It is further ordered that this Eighth Report and Order shall 
be effective 30 days after publication in the Federal Register.
    42. It is further ordered that the Commission's Office of the 
Secretary, shall send a copy of this Eighth Report and Order, including 
the Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.
    43. It is further ordered that the Commission shall send a copy of 
this Eighth Report and Order 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).

List of Subjects

47 CFR Part 0

    Authority delegations (Government agencies).

 47 CFR Part 90

    Administrative practice and procedure, Common carriers, 
Communications, Communications common carriers, Communications 
equipment, Emergency medical services, Organization and functions 
(Government agencies), Radio, Reporting and recordkeeping requirements, 
Telecommunications.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Final Rules

    For the reasons discussed in the document above, the Federal 
Communications Commission amends 47 CFR parts 0 and 90 as follows:

PART 0--COMMISSION ORGANIZATION

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

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and 
1754, unless otherwise noted.


0
2. Section 0.331 is amended by adding paragraph (i) to read as follows:


Sec.  0.331  Authority delegated.

* * * * *
    (i) The Chief of the Wireless Telecommunications Bureau is 
delegated authority jointly with the Chief of the Public Safety and 
Homeland Security Bureau to administer provisions of Sec. Sec.  
90.1203, 90.1207, 90.1209, and 90.1217 of this chapter. The Chief of 
the Wireless Telecommunications Bureau is also delegated authority to 
establish the procedures by which a Band Manager selection committee 
will be chosen; identify representatives to sit on the selection 
committee; determine the requisite number of selection committee 
members; identify the applicable selection criteria; confirm that the 
Band Manager selectee meets the selection criteria; and establish the 
appropriate procedures and oversight for the selection process as part 
of choosing the Band Manager. The Chief of the Wireless 
Telecommunications Bureau is also delegated authority to develop the 
form and procedures pursuant to which the Band Manager will submit 
certifications required by Sec. Sec.  90.1207(h)(3) and 90.1209(e) of 
this chapter to the Commission; to manage the process of determining 
the appropriate Band Manager funding mechanisms; and to perform 
oversight and any other functions for the administration of the Band 
Manager and its responsibilities.

0
3. Section 0.392 is amended by adding paragraph (k) to read as follows:


Sec.  0.392  Authority delegated.

* * * * *
    (k) The Chief of the Public Safety and Homeland Security Bureau is 
delegated authority jointly with the Chief of the Wireless 
Telecommunications Bureau to administer provisions of Sec. Sec.  
90.1203, 90.1207, 90.1209, and 90.1217 of this chapter. The Chief of 
the Public Safety and Homeland Security Bureau is also delegated 
authority to establish the procedures by which a Band Manager selection 
committee will be chosen; identify representatives to sit on the 
selection committee; determine the requisite number of selection 
committee members; identify the applicable selection criteria; confirm 
that the Band Manager selectee meets the selection criteria; and 
establish the appropriate procedures and oversight for the selection 
process as part of choosing the Band Manager. The Chief of the Public 
Safety and Homeland Security Bureau is also delegated authority to 
develop the form and procedures pursuant to which the Band Manager will 
submit certifications required by Sec. Sec.  90.1207(h)(3) and 
90.1209(e) of this chapter to the Commission; to manage the process of 
determining the appropriate Band Manager funding mechanisms; and to 
perform oversight and any other functions for the administration of the 
Band Manager and its responsibilities.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
4. 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
5. Section 90.175 is amended by revising paragraph (g)(2) to read as 
follows:


Sec.  90.175  Frequency coordinator requirements.

* * * * *
    (g) * * *
    (2) For frequencies between 4940-4990 MHz: A statement is required 
from the nationwide band manager recommending the most appropriate 
channel(s), bandwidth, operating power, and any other technical 
parameter which promotes robust and efficient use of the band while 
minimizing interference.
* * * * *

0
6. Section 90.1203 is amended by revising paragraph (b) and adding 
paragraph (c) to read as follows:


Sec.  90.1203  Eligibility.

* * * * *
    (b) 4.9 GHz band licensees eligible pursuant to paragraph (a) of 
this section may enter into sharing agreements or other arrangements 
for use of the spectrum with entities that do not meet the eligibility 
requirements in this

[[Page 91585]]

section. However, all applications in the band are limited to 
operations in support of public safety.
    (c) The 4.9 GHz Band Manager is eligible to hold a nationwide 
overlay license in the 4940-4990 MHz band consistent with the 
requirements of Sec.  90.1207(h).

0
7. Section 90.1207 is amended by revising paragraphs (a), (b) 
introductory text, (c), and (e) introductory text and adding paragraph 
(h) to read as follows:


Sec.  90.1207  Licensing.

    (a) A 4940-4990 MHz band license held by an entity eligible under 
Sec.  90.1203(a) gives the licensee authority to operate on any 
authorized channel in this band within its licensed area of operation. 
See Sec.  90.1213. A 4940-4990 MHz band license will be issued for the 
geographic area encompassing the legal jurisdiction of the licensee or, 
in case of a nongovernmental organization, the legal jurisdiction of 
the State or local governmental entity supporting the nongovernmental 
organization.
    (b) Subject to Sec.  90.1209, a 4940-4990 MHz band license held by 
an entity eligible under Sec.  90.1203(a) gives the licensee authority 
to construct and operate any number of base stations anywhere within 
the area authorized by the license, except as follows:
* * * * *
    (c) A 4940-4990 MHz band license held by an entity eligible under 
Sec.  90.1203(a) gives the licensee authority to operate base and 
mobile units (including portable and handheld units) and operate 
temporary (1 year or less) fixed stations anywhere within the area 
authorized by the license. Such licensees may operate base and mobile 
units and/or temporary fixed stations outside their authorized area to 
assist public safety operations with the permission of the jurisdiction 
in which the radio station is to be operated. Base and temporary fixed 
stations are subject to the requirements of paragraph (b) of this 
section.
* * * * *
    (e) Applications for license in the 4940-4990 MHz band by an entity 
eligible under Sec.  90.1203(a) must include the following technical 
information.
* * * * *
    (h) The 4.9 GHz Band Manager is eligible under Sec.  90.1203(c) to 
hold a nationwide overlay license for the 4940-4990 MHz band, subject 
to the exclusion of licensed geographic areas and frequencies held by 
an incumbent entity eligible under Sec.  90.1203(a). The 4.9 GHz Band 
Manager:
    (1) Shall not be eligible to independently operate stations in the 
4940-4990 MHz band;
    (2) Consistent with Sec. Sec.  90.1217(a), (d) and 2.103(b) of this 
chapter, may allow the First Responder Network Authority, pursuant to a 
sharing agreement, to construct and operate stations at any geographic 
site within the Band Manager's licensed area and on any channel for 
which the Band Manager is licensed, subject to the exclusions in this 
paragraph (h) and provided such stations do not cause harmful 
interference to incumbent licensees and otherwise comply with 
Commission rules and coordination requirements;
    (3) Shall certify to the Wireless Telecommunications Bureau and 
Public Safety and Homeland Security Bureau prior to entering into any 
sharing agreement with the First Responder Network Authority that such 
agreement meets the requirements of Sec.  2.103(b) of this chapter and 
this paragraph (h);
    (4) Shall certify to the Wireless Telecommunications Bureau and 
Public Safety and Homeland Security Bureau when stations have been 
placed in operation pursuant to Sec.  90.1209(e); and
    (5) shall ensure that stations operating pursuant to a sharing 
agreement in this subpart comply with the relevant technical and 
licensing rules governing operations in the 4940-4990 MHz band in 
Sec. Sec.  90.1205, 90.1209(b) through (c), (e), 90.1213, and 90.1215.

0
8. Section 90.1209 is amended by revising paragraphs (a) and (d) and 
adding paragraph (e) to read as follows:


Sec.  90.1209  Policies governing the use of the 4940-4990 MHz band.

    (a) Channels in this band licensed to any entity eligible under 
Sec.  90.1203(a) are available on a shared basis only and will not be 
assigned for the exclusive use of any licensee.
* * * * *
    (d) Stations used by an entity eligible under Sec.  90.1203(a) must 
be placed into operation within twelve (12) months from the date of 
grant in accordance with Sec.  90.155. Licensees of temporary fixed 
stations must place at least one such station in operation within 
twelve months of license grant.
    (e) Stations used by an entity eligible under Sec.  90.1203(h) must 
be placed into operation within twelve (12) months from the date that 
the Band Manager and the First Responder Network Authority execute a 
sharing agreement pursuant to Sec. Sec.  90.1207(h) and 2.103(b) of 
this chapter.

0
9. Section 90.1217 is amended by:
0
a. Revising the introductory text;
0
b. Revising paragraphs (a) and (b); and
0
c. Adding paragraphs (d) and (e).
    The revisions and addition read as follows:


Sec.  90.1217  4.9 GHz Band Manager.

    The 4.9 GHz Band Manager will have the following primary 
responsibilities:
    (a) Frequency coordination and interference protection for 4.9 GHz 
band incumbent public safety operations;
    (b) Incentivizing the use of the latest commercially available 
technologies, including 5G;
* * * * *
    (d) Managing a sharing agreement with the First Responders Network 
Authority pursuant to Sec. Sec.  90.1207(h) and 2.103(b) of this 
chapter; and
    (e) Filing an annual report with the Commission.

[FR Doc. 2024-26794 Filed 11-19-24; 8:45 am]
BILLING CODE 6712-01-P