Rule2021-25708
Procedures for Commission Review of State Opt-Out Request From the FirstNet Radio Access Network
Primary source
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Published
December 13, 2021
Effective
January 12, 2022
Issuing agencies
Federal Communications Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 236 (Monday, December 13, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25708]
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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.
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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 <a href="https://www.fcc.gov/document/opt-out-rules-deletion-order">https://www.fcc.gov/document/opt-out-rules-deletion-order</a>.
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.
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\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).
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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
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