Rule2023-02597
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
February 28, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC) adopts rules establishing a comprehensive and coordinated nationwide approach to managing the 4.9 GHz (4940-4990 MHz) band while retaining its locally controlled, public safety nature. In doing so, the Commission solidifies the band's status as public safety spectrum, while also allowing secondary, non-public safety use as agreed to by public safety licensees through a new leasing model. This Report and Order adopts rules permitting a nationwide Band Manager, which will be selected based on its expertise and connections to the public safety community, to coordinate all operations in the band ensuring that any non-public safety use remains fully secondary to, and preemptible by, public safety operations. Furthermore, these new rules will optimize public safety use and enable the integration of the latest commercially available technologies, such as 5G. This Report and Order released on January 18, 2023, was corrected by an erratum released on February 22, 2023. The changes made by the erratum are included in this document.
Full Text
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[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Rules and Regulations]
[Pages 12565-12572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02597]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WP Docket No. 07-100; FCC 23-3; FR ID 126043]
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 (FCC)
adopts rules establishing a comprehensive and coordinated nationwide
approach to managing the 4.9 GHz (4940-4990 MHz) band while retaining
its locally controlled, public safety nature. In doing so, the
Commission solidifies the band's status as public safety spectrum,
while also allowing secondary, non-public safety use as agreed to by
public safety licensees through a new leasing model. This Report and
Order adopts rules permitting a nationwide Band Manager, which will be
selected based on its expertise and connections to the public safety
community, to coordinate all operations in the band ensuring that any
non-public safety use remains fully secondary to, and preemptible by,
public safety operations. Furthermore, these new rules will optimize
public safety use and enable the integration of the latest commercially
available technologies, such as 5G. This Report and Order released on
January 18, 2023, was corrected by an erratum released on February 22,
2023. The changes made by the erratum are included in this document.
DATES: Effective March 30, 2023.
ADDRESSES: Federal Communications Commission, 45 L St NE, Washington,
DC 20554.
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
[[Page 12566]]
<a href="/cdn-cgi/l/email-protection#357f5a5b54415d545b1b7854475e58545b755356561b525a43"><span class="__cf_email__" data-cfemail="b0fadfded1c4d8d1de9efdd1c2dbddd1def0d6d3d39ed7dfc6">[email protected]</span></a> or Brian Marenco of the Public Safety and
Homeland Security Bureau, at (202) 418-0838 or <a href="/cdn-cgi/l/email-protection#dd9fafb4bcb3f390bcafb8b3beb29dbbbebef3bab2ab"><span class="__cf_email__" data-cfemail="f4b6869d959adab99586919a979bb4929797da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of Commission's Seventh
Report and Order, in WP Docket No. 07-100; FCC 23-3, adopted and
released on January 18, 2023. The full text of this document is
available for public inspection online at <a href="https://docs.fcc.gov/public/attachments/FCC-23-3A1.pdf">https://docs.fcc.gov/public/attachments/FCC-23-3A1.pdf</a>.
1. In this Seventh Report and Order the Commission creates a
comprehensive and coordinated nationwide approach to the 4.9 GHz band,
centralizing management in a single Band Manager, while retaining local
control over operations conducted by individual public safety
licensees. This framework will retain the band's existing status as a
locally controlled public safety band, but with more rationalized and
coordinated public safety operations on a nationwide level. These
expanded operations will encompass both primary public safety use and,
subject to coordination by the Band Manager, secondary non-public
safety use, the latter of which will be subject to preemption by public
safety operations.
2. In particular, the Commission adopts a single, nationwide
framework for the 4.9 GHz band, that is centered around a new Band
Manager, which will be equipped with additional information about the
current public safety use of the band and empowered to work with public
safety licensees to ensure efficient use of this spectrum and enable
new, non-commercial operations on a secondary, preemptable basis. The
Commission stated in this Seventh Report and Order that it believes a
nationwide Band Manager will be able to effectively protect the
interests of incumbent public safety users by establishing consistent,
nationwide rules governing use of the band and providing new
opportunities for non-public safety access to the band. It also stated
it believes this approach will spur innovation and drive down costs
while ensuring full protection for authorized public safety operations.
Crucially, the Commission noted that the Band Manager will ensure that
local governments can continue to use the band to suit their unique
spectrum needs, while promoting the most efficient use of spectrum and
creating a consistent and clear band framework nationwide. Therefore,
the Commission concluded that designating a nationwide Band Manager to
coordinate public safety access and facilitate the introduction of non-
public safety services to the band will best serve the public interest.
3. The Commission also stated in this Seventh Report and Order that
it would be in the public interest for the Band Manager to be chosen by
a selection committee that represents and ensures the involvement of
the relevant stakeholders, in particular the public safety community.
Once selected, the Band Manager will have three primary
responsibilities: (1) frequency coordination; (2) incentivizing the use
of the latest commercially available technologies, including 5G; and
(3) facilitating secondary non-public safety use.
4. In this Seventh Report and Order, the Commission also adopted
its proposal to collect more granular data on public safety
deployments. It will continue using the Universal Licensing System
(ULS) as the licensing database for public safety operations in the 4.9
GHz band. Incumbent licensees will have at least one year from the
publication of this Seventh Report and Order in the Federal Register to
provide the required data in ULS. Nonetheless, the Commission
encourages licensees to enter their data into ULS as soon as the
Wireless Telecommunications Bureau and the Public Safety and Homeland
Security Bureau jointly announce that the ULS is prepared to accept the
granular data and OMB has completed its review of any new collection
requirements.
5. The Commission also adopted a part 90 formal frequency
coordination requirement for public safety applicants seeking to
license facilities in the 4.9 GHz band and assigned nationwide
authority to the Band Manager to perform the coordination function.
Under the part 90 coordination framework, the Band Manager will review
applications from public safety entities seeking to license new or
modify existing facilities in the 4.9 GHz band before they are filed
with the Commission. As frequency coordinator, the Band Manager will
perform an analysis to determine if the proposed operation would cause
interference to incumbent licensees or previously filed applicants.
6. Alongside its decision to adopt a nationwide Band Manager
framework for the 4.9 GHz band, the Commission also amended its rules
to allow non-public safety use of the band as authorized by the Band
Manager. Specifically, it removed the restriction that 4.9 GHz band
operations be in support of public safety, provided that any non-public
safety operations must: (1) be authorized by the Band Manager; and (2)
fully protect and, where necessary, be subject to preemption by, public
safety operations in the band. The Commission emphasized that it will
not license non-public safety operators, and licensed operations will
remain exclusively in support of public safety.
7. The Commission also stated that it can meet its goal of
promoting increased access to the 4.9 GHz band generally, in addition
to promoting and protecting public safety use, by allowing non-public
safety entities to lease unused spectrum from the public safety
licensees through the Band Manager. The Commission noted that this
model will ensure that leased operations will be on a non-interference
basis, thereby, fully protecting public safety operations and providing
a mechanism to enable preemption by public safety licensees. The Band
Manager will evaluate all potential non-public safety operations based
on consistent technical parameters and use restrictions deemed
necessary to ensure full protection of public safety operations.
Allowing the Band Manager to centrally coordinate non-public safety
access will promote a standardized set of rules and contractual
provisions for such access, which ensure that public safety retains
priority and preemption rights. Furthermore, the Commission clarified
that leases to non-public safety entities will only be permitted if
they are coordinated and approved by the Band Manager, subject to any
requirements the Commission adopts pursuant to a Ninth Further Notice
of Proposed Rulemaking (Ninth Further Notice).
8. The Commission also stated in this Seventh Report and Order that
it will ensure public safety entities have priority access to the 4.9
GHz band through licensing on a primary basis, while non-public safety
users will be permitted to operate in the band only on a secondary
basis. It also adopted an annual reporting requirement that will allow
the Commission to oversee the Band Manager, ensure its activities
advance the Commission's stated goals for this band, and provide
greater transparency, certainty, and predictability in the 4.9 GHz
band. Furthermore, it declined to adopt a spectrum management role for
Regional Planning Committees (RPCs) in this band given the lack of
necessary funding and resources for RPCs nationwide, lack of expertise
in much of the new technology likely to be deployed in the band, and
lack of consensus in the record that regional planning is consistent
with our goal of establishing a nationwide framework for the band.
[[Page 12567]]
9. Furthermore, the Commission stated that given the wide variety
of uses and potential uses of the band, it believed imposing
interoperability standards at this juncture could lead to fewer
equipment options thereby potentially stifling innovation and
contradicting our goal of reducing equipment costs. Nonetheless, in
this Seventh Report and Order, the Commission adopted a number of
technical rule proposals from a Sixth Further Notice to increase
utilization of the 4.9 GHz band.
10. Finally, the Commission retained a freeze for all applicants
who are not already 4.9 GHz licensees pending resolution of issues
raised in a Ninth Further Notice.
Procedural Matters
Paperwork Reduction Act
11. The requirements in Sections 90.175(g)(2) and 90.1207(e)-(f)
constitute new or modified collections subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. They 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
are invited to comment on the new or modified information collection
requirements contained in this proceeding. In addition, the Commission
notes that, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought, but did not receive, specific comment on how the
Commission might further reduce the information collection burden for
small business concerns with fewer than 25 employees. The Commission
describes impacts that might affect small businesses, which includes
more businesses with fewer than 25 employees, in the Final Regulatory
Flexibility Analysis.
Final Regulatory Flexibility Analysis
12. The Regulatory Flexibility Act (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 this Seventh Report and Order on small
entities. 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 FNPRM) released in October 2021 in this proceeding (86 FR
59934, Nov. 29, 2021). The Commission sought written public comment on
the proposals in the Eighth FNPRM, including comments on the IRFA. No
comments were filed addressing the IRFA. This present Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
Congressional Review Act
13. The Commission will send a copy of the Seventh 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).
Final Regulatory Flexibility Analysis
14. 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 FNPRM) in October 2021. The Commission sought written public
comment on the proposals in the Eighth FNPRM, including comments 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 Final Rules
15. In the Seventh Report and Order, the Commission takes a number
of actions to advance its goals for a comprehensive and integrated
approach to the 4.9 GHz band which emphasizes public safety needs while
spurring innovation and driving down costs in the band. As an initial
matter, the Commission establishes a nationwide Band Manager which will
coordinate public safety operations in the band, ensuring protection of
public safety operations, and promoting more efficient use of spectrum
resources while facilitating non-public safety use of the band through
spectrum leasing. The Commission also adopts its proposal to collect
more granular data on public safety deployments in the Commission's
Universal Licensing System (ULS) and provide incumbent licensees a one-
year period to submit the necessary technical detail. Furthermore, the
Commission adopts formal frequency coordination procedures for public
safety applicants seeking to license new or modify existing facilities
in the band and assigns authority to the Band Manager to perform the
frequency coordination function. Additionally, the Commission adopts
certain technical rules it sought comment on in the Eighth Further
Notice to increase use of the band while declining to adopt technical
standards to promote interoperability or a spectrum management role for
Regional Planning Committees (RPCs). Finally, the Commission retains
the freeze for all applicants who are not already 4.9 GHz licensees.
Consequently, the rules we adopt in the Seventh Report and Order
further our goal to maximize use of the 4.9 GHz band to support public
safety while opening the door for limited non-public safety use and a
more robust equipment market.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
16. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by Chief Counsel for Advocacy of the Small
Business Administration
17. 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.
18. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
19. 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 Small Business
Administration (SBA).
20. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe here, at
the outset,
[[Page 12568]]
three broad groups of small entities that could be directly affected
herein. First, while there are industry specific size standards for
small businesses that are used in the regulatory flexibility analysis,
according to data from the SBA's 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 which translates to 32.5 million businesses.
21. 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 2020, there were
approximately 447,689 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
22. 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 2017 Census of Governments indicate that there
were 90,075 local governmental jurisdictions consisting of general
purpose governments and special purpose governments in the United
States. Of this number there were 36,931 general purpose governments
(county, municipal and town or township) with populations of less than
50,000 and 12,040 special purpose governments--independent school
districts with enrollment populations of less than 50,000. Accordingly,
based on the 2017 U.S. Census of Governments data, we estimate that at
least 48,971 entities fall into the category of ``small governmental
jurisdictions.''
23. 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 Services (PLMR) 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 member,
is the closest applicable industry with a SBA small business size
standard.
24. 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.
25. Private Land Mobile Radio Licensees. Private land mobile radio
(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. 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.
26. 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.
27. 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.
28. 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 2021 Universal
Service Monitoring Report, as of December 31, 2020, there were 797
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 715
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
29. Band Manager. In the Seventh Report and Order, the Commission
adopted a single, nationwide framework for the 4.9 GHz band, that is
centered
[[Page 12569]]
around a new Band Manager, which will be equipped with additional
information about the current public safety use of the band and
empowered to work with public safety licensees to ensure efficient use
of this spectrum and enable new, non-commercial operations on a
secondary, preemptable basis. Once selected, the Band Manager will have
three primary responsibilities: (1) frequency coordination; (2)
incentivizing the use of the latest commercially available
technologies, including 5G; and (3) facilitating secondary non-public
safety use.
30. Licensing Database. In the Seventh Report and Order, the
Commission adopts a requirement to collect more granular data on public
safety deployments in ULS. We require small and other incumbent
licensees and future applicants to supply complete microwave path data
for fixed links, and to license base stations (currently authorized
under the geographic license scheme) on a site-by-site basis.
Specifically, we require applicants for and current licensees of point-
to-point (P-P), point-to-multipoint (P-MP), and fixed receivers to
provide the following information: transmitter and receiver antenna
coordinates, azimuth (direction), polarization, beamwidth, physical
dimensions, gain, and height above ground, as well as transmit details
such as power, channel, bandwidth, and emissions. These requirements
are consistent with existing Commission microwave radio service rules.
We require applicants for and current licensees of base/mobile
operations to provide the following information: coordinates (base),
height above average terrain (base), number of units (mobile), mobile
area of operation, power, channels, and emissions. These requirements
are consistent with existing Commission private land mobile radio
service rules.
31. The Commission directed the Public Safety and Homeland Security
Bureau and the Wireless Telecommunications Bureau to make necessary
enhancements to ULS and announce by public notice when ULS is prepared
to accept more granular data on public safety operations in the 4.9 GHz
band. Incumbent licensees and future applicants seeking to license
point-to-point, point-to-multi-point, and fixed receivers as well as
base/mobile, mobile-only or temporary fixed operations are required to
use FCC Form 601. There will not be any application fees associated
with this information collection for public safety entities because
they are exempt from application fees pursuant to 47 CFR 1.1116(b).
32. The Seventh Report and Order gives incumbent geographic
licensees one year to identify and submit the necessary technical data
into the ULS, including P-P links, P-MP hubs, fixed receivers, base
stations, and mobiles that are not currently licensed site-by-site. We
believe that collecting this data will improve the level of
interference protection licensees receive in the band; and will create
a more predictable and transparent spectrum environment for any current
and future users of the band, including potential non-public safety
users. The Commission estimates the average burden for each applicant
completing FCC Form 601 and associated schedules to be 1.25 hours,
which includes ``the time to read the instructions, look through
existing records, gather and maintain required data, and actually
complete and review the form or response.''
33. Frequency Coordination. In the Seventh Report and Order, the
Commission adopts a part 90 formal frequency coordination requirement
for public safety applicants seeking to license facilities in the 4.9
GHz band and assigns nationwide authority to the Band Manager to
perform the coordination function. Specifically, the Band Manager will
review applications from public safety entities seeking to license
facilities in the 4.9 GHz band before they are filed with the
Commission. It will perform an interference analysis and recommend to
applicants the most appropriate channel(s), bandwidth, operating power,
area of operation (if mobile or temporary fixed operation is
requested), or any other technical criteria which promotes robust use
of the band while minimizing interference to incumbent licensees.
Furthermore, once a Band Manager is in place, all applications filed
with the Commission via ULS which seek to license new facilities or
modify existing facilities in the 4.9 GHz band must include a showing
of frequency coordination by the Band Manager. Finally, we allow the
Band Manager to outsource the interference analysis portion of its
frequency coordination duties to third parties.
34. Non-Public Safety Use of the Band. We amended our rules in the
Seventh Report and Order to allow non-public safety use of the band by
small and other non-public safety operators as authorized by the Band
Manager. Non-public safety operations are required to fully protect
and, when necessary, abide by preemption rules regarding the public
safety operations which will remain the primary use of the band. Non-
public safety operators will not be licensed. Licensed operations will
remain exclusively in support of public safety. Further, the Band
Manager will centrally coordinate non-public safety access and will
create a standardized set of rules and contractual provisions for such
access by small and other non-public safety operators, which will
ensure that public safety retains priority and preemption rights.
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. The Commission's actions in the Seventh Report and Order
require small and other public safety incumbents and future applicants
for the 4.9 GHz band to submit more granular data on FCC Form 601,
however, the economic impact will be minimized since, as noted above,
there aren't any application fees associated with filing this
information in the ULS. We have also taken steps to minimize the burden
of submitting the data by collecting the technical information on forms
which licensees in the public safety community are already familiar
with because they use these same forms to file license applications in
other frequency bands. Furthermore, we provide small and other
incumbent licensees a one-year period to submit the necessary technical
details into the ULS. As we note 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 burden on
licensees or applicants to submit the data.
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 since we adopt a frequency coordination process 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
[[Page 12570]]
of spectrum by public safety licensees while minimizing interference to
incumbent public safety licensees. Consequently, the frequency
coordination process will improve interference protection and give
public safety licensees more confidence in the band without adding a
significant burden on applicants.
38. The Commission considered but declined to adopt a more active
form of frequency coordination for public safety operations in the 4.9
GHz band, such as the automated frequency coordination in the 6 GHz
band or the spectrum access system that facilitates dynamic spectrum
sharing in the Citizens Broadband Radio Service (CBRS). No comments
were filed specifically addressing the costs associated with more
active forms of frequency coordination, both in terms of setup and
implementation going forward, compared to traditional part 90 frequency
coordination. Thus, given the lack of record on costs associated with
more active forms of frequency coordination, and the likelihood of
considerable disruption to small and other incumbent licensees caused
by the need to upgrade or replace all of their equipment currently in
use, the Commission determined the public interest is best served by
adopting the part 90 frequency coordination framework which does not
require any modification of or replacement to equipment currently in
use in the band.
39. In the Seventh Report and Order we also declined to adopt a
spectrum management role at 4.9 GHz for RPCs given the lack of
necessary funding and resources for RPCs nationwide, the lack of
expertise in the types of technology likely to be deployed in the band,
and a lack of consensus in the record that regional planning is
consistent with our goal of establishing a national framework for the
band. This decision imposes zero burdens and costs and thus imposes no
significant economic impact on RPCs and the NRPC, all of which we
estimate to be small entities.
40. Further, we believe our decision to allow small and other non-
public safety operators use of the 4.9 GHz band as detailed in the
Seventh Report and Order will provide economic benefits for small
entities and strikes the proper balance between allowing localized
control of 4.9 GHz band operations by public safety licensees and
reducing interference, while also ensuring consistent, nationwide rules
that will promote overall spectral efficiency, foster innovation, and
drive down equipment costs.
41. Finally, the Commission also considered but declined to: (1)
impose an interoperability standard in light of the wide variety of
uses and potential uses of the band, imposing such standards at this
juncture could lead to fewer equipment options thereby potentially
stifling innovation and contradicting our goal of reducing equipment
costs; (2) adopt our proposal to limit temporary P-P operations to
thirty days maximum over a given path over a one-year period because
such a limitation would limit flexibility in the band, and (3) adopt
our proposal to require a minimum antenna gain for P-P antennas because
commercially available antennas would be rendered non-compliant such a
limitation could inhibit development of a robust and affordable
equipment market for the band that leverages commercially available
antennas and technologies.
G. Report to Congress
42. The Commission will send a copy of the Seventh Report and Order
and Ninth Further Notice, including this FRFA, in a report to Congress
pursuant to the Congressional Review Act. In addition, the Commission
will send a copy of the Seventh Report and Order and Ninth Further
Notice, including this FRFA, to the Chief Counsel for Advocacy of the
SBA. A copy of the Seventh Report and Order and Ninth Further Notice,
and FRFA (or summaries thereof) will also be published in the Federal
Register.
Ordering Clauses
43. Accordingly, it is ordered that, pursuant to the authority
found in sections 4(i), 302, 303(b), 303(f), 303(g), 303(r), 309(j),
316, and 405 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 302a, 303(b), 303(f), 303(g), 303(r), 309(j), 316, and 405,
this Seventh Report and Order and Ninth Further Notice of Proposed
Rulemaking is hereby adopted.
44. It is further ordered that this Report and Order shall be
effective 30 days after publication in the Federal Register. Compliance
with section 90.175(g)(2) and section 90.1207(e)-(f) of the
Commission's rules, 47 CFR 90.175(g)(2) and 47 CFR 90.1207(e)-(f),
which may contain new or modified information collection requirements,
will not be required until the date specified in the Public Notice to
be issued by the Public Safety and Homeland Security Bureau and the
Wireless Telecommunications Bureau announcing that the Office of
Management and Budget has completed review of any information
collection requirements associated with this Report and Order or that
they have determined such review is not required, which date shall be
no earlier than one year after the publication of this Report and Order
in the Federal Register. The Commission directs the Public Safety and
Homeland Security Bureau and the Wireless Telecommunications Bureau to
announce the compliance date for section 90.175(g)(2) and section
90.1207(e)-(f) by subsequent Public Notice and to cause section 90.175
and section 90.1207 to be revised accordingly.
45. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Seventh 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 90
Private Land Mobile Radio Services.
Federal Communications Commission.
Marlene Dortch,
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. Amend Sec. 90.155 by revising paragraph (a) to read as follows:
Sec. 90.155 Time in which station must be placed in operation.
(a) All stations authorized under this part, except as provided in
Sec. Sec. 90.528, 90.529, 90.629, 90.631(f), 90.665, and 90.685 must
be placed in operation within twelve (12) months from the date of grant
or the authorization cancels automatically and must be returned to the
Commission.
* * * * *
0
3. Amend Sec. 90.175 by revising paragraph (g) and removing and
reserving paragraph (j)(22).
The revision reads as follows:
Sec. 90.175 Frequency coordinator requirements.
* * * * *
(g) For frequencies between 1427-1432 MHz and 4940-4990 MHz: A
statement is required as follows.
(1) For frequencies between 1427-1432 MHz: A statement is required
from
[[Page 12571]]
the coordinator recommending the most appropriate frequency, operating
power and area of operation in accordance with the requirements of
Sec. 90.259(b).
(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 based on the standard for harmful interference
specified in Sec. 90.1211(a).
(3) Compliance date. Paragraph (g)(2) of this section may contain
information collection and/or recordkeeping requirements. Compliance
with paragraph (g)(2) will not be required until this paragraph (g)(3)
is removed or contains a compliance date, which will not occur until
the date specified in a final rule published by the FCC announcing that
the Office of Management and Budget has completed review of any
information collection requirements associated with paragraph (g)(2) of
this section or that they have determined such review is not required,
which date shall be no earlier than February 28, 2024.
* * * * *
0
4. Amend Sec. 90.1207 by revising paragraph (d) and adding paragraphs
(e), (f), and (g) to read as follows:
Sec. 90.1207 Licensing.
* * * * *
(d) Permanent fixed point-to-point and point-to-multipoint stations
in the 4940-4990 MHz band must be licensed individually on a site-by-
site basis. Such fixed stations are accorded primary status. Permanent
fixed point-to-point and point-to-multipoint stations must use
directional antennas with gains greater than 9 dBi.
(e) Applications for license in the 4940-4990 MHz band must include
the following technical information.
(1) The license for base/mobile, mobile-only or temporary fixed (1
year or less) stations will specify, among other parameters, the
following technical information:
(i) Coordinates (base).
(ii) Antenna height-to-tip (base and temporary fixed).
(iii) Antenna height above average terrain (base).
(iv) Center frequency, emission designator, and ERP.
(v) Number of units (mobile and temporary fixed).
(vi) Area of operation (mobile and temporary fixed), which shall be
limited to 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. However, applicants may define their
areas of operation outside of their areas of legal jurisdiction to
assist public safety operations with the permission of the
jurisdiction(s) in which the mobile and/or temporary fixed stations are
to be operated.
(2) The license for permanent fixed point-to-point, point-to-
multipoint and fixed receiver stations must include, among other
parameters, the following technical information:
(i) Transmitting station coordinates.
(ii) Frequencies and polarizations.
(iii) For the transmitting equipment, the tolerance, effective
isotropic radiated power, emission designator, and type of modulation
(digital).
(iv) For the transmitting antenna(s), the model, gain, antenna
center line height(s) above ground level and ground elevation above
mean sea level.
(v) Receiving station coordinates.
(vi) For the receiving antenna(s), the model, gain, antenna center
line height(s) above ground level and ground elevation above mean sea
level.
(vii) Path azimuth and distance.
(f) Licensees holding active authorizations for the 4940-4990 MHz
band on March 30, 2023 shall file the complete site-by-site information
described in paragraph (e) of this section for their existing radio
systems in the Commission's Universal Licensing System by the
compliance date specified in paragraph (g) of this section.
(g) Paragraphs (e) and (f) of this section may contain information
collection and/or recordkeeping requirements. Compliance with
paragraphs (e) and (f) will not be required until this paragraph (g) is
removed or contains a compliance date, which will not occur until the
date specified in a final rule published by the FCC announcing that the
Office of Management and Budget has completed review of any information
collection requirements associated with paragraphs (e) and (f) of this
section or that they have determined such review is not required, which
date shall be no earlier than February 28, 2024.
0
5. Amend Sec. 90.1209 by revising paragraph (d) to read as follows:
Sec. 90.1209 Policies governing the use of the 4940-4990 MHz band.
* * * * *
(d) Stations 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.
0
6. Amend Sec. 90.1213 by revising paragraphs (a) introductory text and
(b) to read as follows:
Sec. 90.1213 Band plan.
(a) The following table lists center frequencies for channels in
the 4940-4990 MHz band. Channel numbers 1 through 5 and 14 through 18
are 1 MHz bandwidth channels, and channel numbers 6 through 13 are 5
MHz bandwidth channels.
* * * * *
(b) The channels listed in the table in paragraph (a) of this
section may be aggregated in any manner up to 50 MHz for wider
bandwidth operation. Nonetheless, applicants should request no more
bandwidth than necessary for a particular use.
0
7. Amend Sec. 90.1215 by revising the introductory text and paragraph
(a)(1) and adding paragraph (f) to read as follows:
Sec. 90.1215 Power limits.
Except as provided in paragraph (f) of this section, the
transmitting power of stations operating in the 4940-4990 MHz band must
not exceed the maximum limits in this section.
(a)(1) For base, mobile, and temporary fixed operations, the
maximum conducted output power must not exceed:
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Low power High power
maximum maximum
Channel bandwidth (MHz) conducted conducted
output output
power (dBm) power (dBm)
------------------------------------------------------------------------
1............................................. 7 20
5............................................. 14 27
10............................................ 17 30
15............................................ 18.8 31.8
20............................................ 20 33
30............................................ 21.8 34.8
40............................................ 23 36
50............................................ 24 37
------------------------------------------------------------------------
* * * * *
(f) The transmitting power of permanent fixed point-to-point and
point-to-multipoint stations operating in the 4940-4990 MHz band must
not exceed the maximum limits in this paragraph (f). Moreover,
applicants should request no more power than necessary for a particular
use.
(1) The maximum equivalent isotropically radiated power (EIRP), as
referenced to an isotropic radiator, must not exceed 55 dBW (85 dBm).
[[Page 12572]]
(2) For path lengths shorter than 17 kilometers, the EIRP shall not
exceed the value derived from the following equation: New EIRP limit =
55 dBW--40*log(17/B) dBW, where B = the actual path length in
kilometers.
0
8. Add Sec. 90.1217 to subpart Y to read as follows:
Sec. 90.1217 4.9 GHz Band Manager.
The 4.9 GHz Band Manager will have the following three primary
responsibilities:
(a) Frequency coordination for public safety applications;
(b) Incentivizing the use of the latest commercially available
technologies, including 5G; and
(c) Facilitating non-public safety use of the 4.9 GHz band.
[FR Doc. 2023-02597 Filed 2-27-23; 8:45 am]
BILLING CODE 6712-01-P
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