Rule2021-23588
Improving Public Safety Communications in the 4.9 GHz Band
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 29, 2021
Effective
November 29, 2021
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23588]
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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.
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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
<a href="/cdn-cgi/l/email-protection#f3b99c9d92879b929dddbe9281989e929db3959090dd949c85"><span class="__cf_email__" data-cfemail="9bd1f4f5faeff3faf5b5d6fae9f0f6faf5dbfdf8f8b5fcf4ed">[email protected]</span></a> or Thomas Eng of the Public Safety and
Homeland Security Bureau at (202) 418-0019 or <a href="/cdn-cgi/l/email-protection#c692aea9aba7b5e883a8a186a0a5a5e8a1a9b0"><span class="__cf_email__" data-cfemail="e6b28e898b8795c8a38881a6808585c8818990">[email protected]</span></a>.
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 <a href="https://docs.fcc.gov/public/attachments/FCC-21-106A1.pdf">https://docs.fcc.gov/public/attachments/FCC-21-106A1.pdf</a>.
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
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