Rule2024-26794
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
November 20, 2024
Effective
December 20, 2024
Issuing agencies
Federal Communications Commission
Abstract
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 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.
Full Text
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#2878495d440678475f4d4444684e4b4b064f475e"><span class="__cf_email__" data-cfemail="603001150c4e300f17050c0c200603034e070f16">[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#99dbebf0f8f7b7d4f8ebfcf7faf6d9fffafab7fef6ef"><span class="__cf_email__" data-cfemail="6527170c040b4b280417000b060a250306064b020a13">[email protected]</span></a>.
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 <a href="https://www.fcc.gov/document/fcc-adopts-new-rules-public-safety-49-ghz-band">https://www.fcc.gov/document/fcc-adopts-new-rules-public-safety-49-ghz-band</a>.
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
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