[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Rules and Regulations]
[Pages 6776-6777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2514]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 301

Docket No. 050201021-5021-01
RIN 0660-AA15


Repeal of Mandatory Reimbursement Rules for Frequency Band or 
Geographic Relocation of Federal Spectrum-Dependent Systems

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce

ACTION: Final Rule.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) is repealing its regulations governing reimbursement to federal 
entities by the private sector as a result of reallocation of frequency 
spectrum. The agency is taking this action in accordance with the 
Commercial Spectrum Enhancement Act which repealed the provision in the 
NTIA Organization Act under which the agency promulgated these 
regulations. The Commercial Spectrum Enhancement Act established a fund 
within the Department of Treasury through which money will be provided 
to federal agencies for the costs incurred in relocating their radio 
communications systems.

DATES: These rules become effective on February 9, 2005.

FOR FURTHER INFORMATION CONTACT: Milton Brown, Deputy Chief Counsel, 
National Telecommunications and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, N.W., Room 4713, 
Washington, DC 20230; telephone: (202) 482-1816; facsimile: (202) 501-
8013; or electronic mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 17, 2002, the National Telecommunications and Information 
Administration (NTIA) issued a final rule entitled ``Mandatory 
Reimbursement Rules for Frequency Band or Geographic Relocation of 
Federal Spectrum-Dependent Systems'' (Mandatory Reimbursement 
Rules).\1\ These regulations implemented a provision of Pub. L. No. 
105-261, which required private sector licensees to reimburse federal 
agencies for the costs associated with relocating from or modifying the 
radio frequencies used by agencies' communications systems to 
accommodate the private sector licensees' use of the radio spectrum.\2\ 
That law also directed NTIA to issue regulations to implement its 
requirements.
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    \1\ See 67 Fed. Reg. 41,182 (2002) (The rules were codified at 
47 C.F.R. Part 301.)
    \2\ See Pub.L.No. 105-261, 112 Stat. 1920, 2132 (1998), amending 
section 113(g) of the NTIA Organization Act (codified at 47 U.S.C. 
Sec.  923(g)).
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II. Repeal of the Mandatory Reimbursement Rules

    On December 23, 2004, the President signed into law Public Law No. 
108-494, the Commercial Spectrum Enhancement Act.\3\ Among other 
purposes, this Act struck the provision in the NTIA Organization Act 
requiring private sector licensees to reimburse federal agencies' 
relocation costs, and in its stead, created a new fund within the 
Department of Treasury through which federal agencies would be 
reimbursed for such costs and directed NTIA to take certain actions to 
implement the new reimbursement and relocation plan. Because the new 
law strikes the authorization underpinning the Mandatory Reimbursement 
Rules and eliminates any obligation on private

[[Page 6777]]

sector licensees with respect to reimbursement, NTIA is repealing its 
regulations.
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    \3\ Pub.L.No. 108-494, 118 Stat. 3896, 3992 (2004).
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    To the extent that NTIA must take action to implement the new 
reimbursement and relocation plan with respect to federal agencies, it 
will do so in consultation with the Interdepartment Radio Advisory 
Committee (IRAC),\4\ the Federal Communications Commission, and the 
Office of Management and Budget. Any procedures developed during that 
process will appear in the NTIA Manual of Regulations and Procedures 
for Federal Radio Frequency Management, which provides the rules 
governing federal agencies' use of the radio spectrum.\5\
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    \4\ The IRAC is an advisory commmittee comprised of the federal 
agencies using the radio spectrum. The IRAC provides spectrum 
management advice and support to the Assistant Secretary for 
Communications and Information and NTIA Administrator.
    \5\ The NTIA Manual is available on NTIA's website at http://www.ntia.doc.gov/osmhome/redbook/redbook.html.
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III. Other Information

    The Commercial Spectrum Enhancement Act repeals the statutory 
authorization for the Mandatory Reimbursement Rules thereby eliminating 
NTIA's authority to implement these rules. Thus, NTIA must repeal these 
rules. Under these circumstances, providing prior notice and an 
opportunity for public comment on whether to repeal these rules would 
serve no useful purpose. As a result, under authority at 5 U.S.C. Sec.  
553(b)(B), NTIA finds good cause to waive such procedures. Moreover, 
the rules have not been utilized since their promulgation, and thus, no 
federal agency's or private sector entity's interest will be adversely 
affected by their repeal. Further, and for the same reason, NTIA finds 
good cause pursuant to 553(d)(3) to waive the requirement of a 30-day 
delay in effect for this rule. Thus, this rule is effective February 9, 
2005.

Executive Order 12866

    The repeal of the Mandatory Reimbursement Rules is not a 
significant regulatory action as defined by Executive Order 12866.

Executive Order 13312

    The repeal of the Mandatory Reimbursement Rules do not contain 
policies with federalism implications sufficient to warrant preparation 
of a federalism assessment under Executive Order 12612.

Regulatory Flexibility Act

    As prior notice and an opportunity for public comment are not 
required under 5 U.S.C. Sec.  553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act are inapplicable. Thus, 
no regulatory flexibility analysis is required and none has been 
prepared.

Paperwork Reduction Act

    This action contains no collections of information. Therefore, 
clearance by the Office of Management and Budget under the Paperwork 
Reduction Act of 1995 is not required.

Lists of Subjects in 47 CFR Part 301

    Classified information, Communications common carriers, 
Communications equipment, Defense communications, Federal buildings and 
facilities, Radio, Satellites, Telecommunications.

PART 301--[REMOVED AND RESERVED]

    For the reasons stated above, 47 CFR Chapter III is amended by 
removing and reserving Part 301 pursuant to authority contained in Pub. 
L. No. 108-494.

    Dated: February 4, 2005.
Michael D. Gallagher,
Assistant Secretary for Communications and Information Administration.
[FR Doc. 05-2514 Filed 2-8-05; 8:45 am]
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