[Federal Register Volume 71, Number 229 (Wednesday, November 29, 2006)]
[Rules and Regulations]
[Pages 69034-69039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20240]



[[Page 69034]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 4, 11, 22, 64, 90, and 97

[FCC 06-35]


Establishment of the Public Safety and Homeland Security Bureau

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: On March 17, 2006, the Commission adopted an Order revising 
its rules to establish the Public Safety and Homeland Security Bureau. 
By establishing this bureau the Commission believes it will be better 
able to address and promote public safety and homeland security.

DATES: Effective September 25, 2006.

FOR FURTHER INFORMATION CONTACT: Timothy Peterson, Public Safety and 
Homeland Security Bureau, at 202-418-1575, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: To promote a more efficient, effective and 
responsive organizational structure and to better promote and address 
public safety, homeland security, national security, emergency 
management and preparedness, disaster management, and related issues, 
the Commission has concluded that the proper dispatch of its business 
and the public interest will be served by creating a Public Safety and 
Homeland Security Bureau. In this Order, we amend the Commission's 
Rules to reflect the new structure, describe the new Bureau's functions 
and delegated authority, and make other conforming changes.
    Authority for the adoption of the foregoing revisions is contained 
in Sections 1, 4(i), 4(j), 5(b), 5(c), and 303(r) of the Communications 
Act of 1934, as amended, 47 U.S.C. Sec.  151, 154(i), 154(j), 155(b), 
155(c), and 303(r).
    The amendments adopted herein pertain to agency organization, 
procedure and practice. Consequently, the notice and comment provisions 
of the Administrative Procedure Act contained in 5 U.S.C. 553(b) are 
inapplicable.
    Accordingly, it is ordered that Parts 0, 4, 11, 22, 64, 90, and 97 
of the Commission Rules, set forth in Title 47 of the Code of Federal 
Regulations, are amended as set forth in the Appendix attached to this 
Order, to be effective upon release of this Order.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.

47 CFR Part 4

    Communications common carrier, Reporting and recordkeeping 
requirements, Telecommunications.

47 CFR Part 11

    Radio, Television.

47 CFR Part 22

    Communications common carriers, Communications equipment, Radio, 
Reporting and recordkeeping requirements.

47 CFR Part 64

    Civil defense, Communications common carriers, Reporting and 
recordkeeping requirements, Telecommunications, Telephone.

47 CFR Part 90

    Business and industry, Common carriers, Communications equipment, 
Radio, Reporting and recordkeeping requirements.

47 CFR Part 97

    Civil defense, Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

0
For the reasons stated in the preamble, the Federal Communications 
Commission amends 47 CFR parts 0, 4, 11, 22, 64, 90, and 97 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 
225, unless otherwise noted.


0
2. Section 0.5 is amended by adding paragraph (a)(17) to read as 
follows:


Sec.  0.5  General description of Commission organization and 
operations.

    (a) * * *
    (17) Public Safety and Homeland Security Bureau.
* * * * *


Sec.  0.11  [Amended]


0
3. Section 0.11 is amended by removing paragraph (a)(11).
0
4. Section 0.31 is amended by revising paragraph (d) to read as 
follows:

Sec.  0.31  Functions of the Office.

* * * * *
    (d) To advise the Commission concerning engineering matters, 
including (in consultation with the Public Safety and Homeland Security 
Bureau where appropriate) privacy and security of communications, 
involved in making or implementing policy or in resolving specific 
cases.
* * * * *


0
5. Section 0.51 is amended by adding paragraph (s) to read as follows:


Sec.  0.51  Functions of the Bureau.

* * * * *
    (s) To coordinate with the Public Safety and Homeland Security 
Bureau on all matters affecting public safety, homeland security, 
national security, emergency management, disaster management, and 
related issues.


0
6. Section 0.61 is amended by adding paragraph (l) to read as follows:


Sec.  0.61  Functions of the Bureau.

* * * * *
    (l) To coordinate with the Public Safety and Homeland Security 
Bureau on all matters affecting public safety, homeland security, 
national security, emergency management, disaster management, and 
related issues.


0
7. Section 0.91 is amended by adding paragraph (o) to read as follows:


Sec.  0.91  Functions of the Bureau.

* * * * *
    (o) Coordinate with the Public Safety and Homeland Security Bureau 
on all matters affecting public safety, homeland security, national 
security, emergency management, disaster management, and related 
issues.

0
8. Amend Sec.  0.111 as follows:
0
a. Revise paragraph (a)(22);
0
b. Remove paragraphs (c), (f), and (h) and redesignate paragraphs (d), 
(e), (g), and (i) through (l) as (c) through (i).
0
c. Revise newly redesignated paragraph (g); The revisions read as 
follows:


Sec.  0.111  Functions of the Bureau.

    (a) * * *
    (22) Advise the Commission or responsible Bureau or Office 
regarding the enforcement implications of existing and proposed rules.
* * * * *
    (g) Handle congressional and other correspondence relating to or 
requesting specific enforcement actions, specific complaints or other 
specific matters within the responsibility of the Bureau, to the extent 
not otherwise handled by the Consumer and Governmental Affairs

[[Page 69035]]

Bureau, the Office of General Counsel (impermissible ex parte 
presentations) or another Bureau or Office;
* * * * *

0
9. Section 0.131 is amended by adding paragraph (q) to read as follows:


Sec.  0.131  Functions of the Bureau.

* * * * *
    (q) Coordinates with the Public Safety and Homeland Security Bureau 
on all matters affecting public safety, homeland security, national 
security, emergency management, disaster management, and related 
issues.

0
10. Section 0.181 is amended by revising paragraphs (b) and (f) and 
adding paragraph (j) to read as follows:


Sec.  0.181  The Defense Commissioner.

* * * * *
    (b) To represent the Commission in public safety, homeland 
security, national security, emergency preparedness, disaster 
management, defense and related matters requiring conferences or 
communications with other governmental officers, departments, or 
agencies.
* * * * *
    (f) To take such measures as will assure continuity of the 
Commission's functions under any foreseeable circumstances with a 
minimum of interruption. In the event of an emergency, the Defense 
Commissioner, in consultation with the Chief, Public Safety and 
Homeland Security Bureau, will decide whether to activate the 
Commission's Continuity of Operations (COOP) plan and/or initiate the 
Commission's emergency response procedures.
* * * * *
    (j) The Commission may designate an Alternate Defense Commissioner 
who is authorized to perform the functions of the Defense Commissioner 
if he or she is not available.


Sec.  0.182  [Removed]

0
11. Section 0.182 is removed.

0
12. Section 0.185 is amended by revising the introductory paragraph and 
paragraphs (a), (b), (d), and (e) to read as follows:


Sec.  0.185  Responsibilities of the bureaus and staff offices.

    The head of each of the bureaus and staff offices, in rendering 
assistance to the Chief, Public Safety and Homeland Security Bureau in 
the performance of that person's duties with respect to homeland 
security, national security, emergency management and preparedness, 
disaster management, defense, and related activities will have the 
following duties and responsibilities:
    (a) To keep the Chief, Public Safety and Homeland Security Bureau 
informed of the investigation, progress, and completion of programs, 
plans, or activities with respect to homeland security, national 
security and emergency preparedness, and defense in which they are 
engaged or have been requested to engage.
    (b) To render assistance and advice to the Chief, Public Safety and 
Homeland Security Bureau, on matters which relate to the functions of 
their respective bureaus or staff offices.
* * * * *
    (d) To perform such other duties related to the Commission's 
homeland security, national security, emergency management and 
preparedness, disaster management, defense, and related activities as 
may be assigned to them by the Commission.
    (e) To serve as Public Safety/Homeland Security Liaison to the 
Public Safety and Homeland Security Bureau or designate a Deputy Chief 
of the Bureau or Office as such liaison.
0
13. Part 0, Subpart A, is amended by adding an undesignated center 
heading and Sec.  0.191 to read as follows:

Public Safety and Homeland Security Bureau


Sec.  0.191  Functions of the Bureau.

    The Public Safety and Homeland Security Bureau advises and makes 
recommendations to the Commission, or acts for the Commission under 
delegated authority, in all matters pertaining to public safety, 
homeland security, national security, emergency management and 
preparedness, disaster management, and ancillary operations. The Bureau 
has responsibility for coordinating public safety, homeland security, 
national security, emergency management and preparedness, disaster 
management, and related activities within the Commission. The Bureau 
also performs the following functions.
    (a) Develops, recommends, and administers policy goals, objectives, 
rules, regulations, programs and plans for the Commission to promote 
effective and reliable communications for public safety, homeland 
security, national security, emergency management and preparedness, 
disaster management and related activities, including public safety 
communications (including 911, enhanced 911, and other emergency number 
issues), priority emergency communications, alert and warning systems 
(including the Emergency Alert System), continuity of government 
operations, implementation of Homeland Security Presidential Directives 
and Orders, disaster management coordination and outreach, 
communications infrastructure protection, reliability, operability and 
interoperability of networks and communications systems, the 
Communications Assistance for Law Enforcement Act (CALEA), and network 
security. Recommends policies and procedures for public safety, 
homeland security, national security, emergency management and 
preparedness, and recommends national emergency plans and preparedness 
programs covering Commission functions during national emergency 
conditions. Conducts outreach and coordination activities with, among 
others, state and local governmental agencies, hospitals and other 
emergency health care providers, and public safety organizations. 
Recommends national emergency plans, policies, and preparedness 
programs covering the provision of service by communications service 
providers, including telecommunications service providers, information 
service providers, common carriers, and non-common carriers; 
broadcasting and cable facilities; satellite and wireless radio 
services; radio frequency assignment; electro-magnetic radiation; 
investigation and enforcement.
    (b) Under the general direction of the Defense Commissioner, 
coordinates the public safety, homeland security, national security, 
emergency management and preparedness, disaster management, and related 
activities of the Commission, including national security and emergency 
preparedness and defense mobilization, Continuity of Government (COG) 
planning, alert and warning systems (including the Emergency Alert 
System), and other functions as may be delegated during a national 
emergency or activation of the President's war emergency powers as 
specified in section 706 of the Communications Act. Provides support to 
the Defense Commissioner, including with respect to his or her 
participation in the Joint Telecommunications Resources Board, and the 
National Security Telecommunications Advisory Committee and other 
public safety and homeland security organizations and committees. 
Represents the Defense Commissioner with other Government agencies and 
organizations, the communications industry, and Commission licensees on 
public safety, homeland security, national security, emergency 
management and preparedness, disaster management, and related issues. 
Keeps the Defense Commissioner informed as to significant

[[Page 69036]]

developments in the fields of public safety, homeland security, 
national security, emergency management, and disaster management 
activities, and related areas.
    (c) Develops and administers rules, regulations, and policies for 
priority emergency communications, including the Telecommunications 
Service Priority System. Supports the Chiefs of the Wireline 
Competition, International and Wireless Telecommunications Bureaus on 
matters involving assignment of Telecommunications Service Priority 
System priorities and in administration of that system.
    (d) The Chief, Public Safety and Homeland Security Bureau, or that 
person's designee, acts as FCC Alternate Homeland Security and Defense 
Coordinator and principal to the National Communications System, and 
the Chief, Public Safety and Homeland Security Bureau, or that person's 
designee, shall serve as the Commission's representative on National 
Communications Systems Committees.
    (e) Conducts rulemaking proceedings and acts on requests for 
interpretation or waiver of rules.
    (f) Advises and makes recommendations to the Commission, or acts 
for the Commission under delegated authority, in all matters pertaining 
to the licensing and regulation of public safety, homeland security, 
national security, emergency management and preparedness, and disaster 
management wireless telecommunications, including ancillary operations 
related to the provision or use of such services. These activities 
include: policy development and coordination; conducting rulemaking and 
adjudicatory proceedings, including complaint proceedings for matters 
not within the responsibility of the Enforcement Bureau; acting on 
waivers of rules; acting on applications for service and facility 
authorizations; compliance and enforcement activities for matters not 
within the responsibility of the Enforcement Bureau; determining 
resource impacts of existing, planned or recommended Commission 
activities concerning wireless telecommunications, and developing and 
recommending resource deployment priorities. In addition, advises and 
assists public safety entities on wireless telecommunications issues 
and matters related thereto. Administers all authority previously 
delegated to the Wireless Telecommunications Bureau (including those 
delegations expressly provided to the Public Safety and Critical 
Infrastructure Division of the Wireless Telecommunications Bureau) in 
Improving Public Safety Communications in the 800 MHz Band, WT Docket 
02-55.
    (g) Conducts studies of public safety, homeland security, national 
security, emergency management and preparedness, disaster management, 
and related issues. Develops and administers recordkeeping and 
reporting requirements for communications companies pertaining to these 
issues. Administers any Commission information collection requirements 
pertaining to public safety, homeland security, national security, 
emergency management and preparedness, disaster management, and related 
issues.
    (h) Interacts with the public, local, state, and other governmental 
agencies and industry groups (including advisory committees and public 
safety organizations and associations) on public safety, homeland 
security, national security, emergency management, disaster management 
and related issues. As requested, represents the Commission at meetings 
and conferences. Serves as the point of contact for the U.S. Government 
in matters of international monitoring, fixed and mobile direction-
finding and interference resolution; and oversees coordination of non-
routine communications and materials between the Commission and 
international or regional public organizations or foreign 
administrations.
    (i) Maintains and operates the Commission's public safety, homeland 
security, national security, emergency management and preparedness, and 
disaster management facilities and operations, including the 
Communications Center, the establishment of any Emergency Operations 
Center (EOC), and any liaison activities with other federal, state, or 
local government organizations.
    (j) Reviews and coordinates orders, programs and actions initiated 
by other Bureaus and Offices in matters affecting public safety, 
homeland security, national security, emergency management and 
preparedness, disaster management and related issues to ensure 
consistency with overall Commission policy. Provides advice to the 
Commission and other Bureaus and offices regarding the public safety, 
homeland security, national security, emergency management, and 
disaster management implications of existing and proposed rules.
    (k) Develops and recommends responses to legislative, regulatory or 
judicial inquiries and proposals concerning or affecting public safety, 
homeland security, national security, emergency management, disaster 
management and related issues. Responses to judicial inquiries should 
be developed with and recommended to the Office of General Counsel.
    (l) Develops and maintains the Commission's plans and procedures, 
including the oversight, preparation, and training of Commission 
personnel, for Continuity of Operations (COOP), Continuity of 
Government functions, and Commission activities and responses to 
national emergencies and other similar situations.
    (m) Acts on emergency requests for Special Temporary Authority 
during non-business hours when the other Offices and Bureaus of the 
Commission are closed. Such actions shall be coordinated with, if 
possible, and promptly reported to the responsible Bureau or Office.
    (n) Maintains liaison with other Bureaus and Offices concerning 
matters affecting public safety, homeland security, national security, 
emergency management and preparedness, disaster management and related 
issues.
    (o) Is authorized to declare that a temporary state of 
communications emergency exists pursuant to Sec.  97.401(b) of this 
chapter and to act on behalf of the Commission with respect to the 
operation of amateur stations during such temporary state of 
communications emergency.
    (p) Performs such other functions and duties as may be assigned or 
referred to it by the Commission or the Defense Commissioner.


Sec.  0.284  [Amended]

0
14. Section 0.284 is amended by removing paragraphs (a)(3) and (a)(7), 
and redesignating paragraphs (a)(4) through (a)(6) as paragraphs (a)(3) 
through (a)(5).


Sec.  0.311  [Amended]

0
15. Section 0.311 is amended by removing paragraph (c) and the note to 
paragraph (c).

0
16. Section 0.314 is amended by revising paragraph (c) to read as 
follows:


Sec.  0.314  Additional authority delegated.

* * * * *
    (c) To act on and make determinations on behalf of the Commission 
regarding requests for assignments and reassignments of priorities 
under the Telecommunications Service Priority System, part 64 of the 
rules, when circumstances require immediate action and the common 
carrier seeking to provide service states that it cannot contact the 
National Communications System or the Commission office normally 
responsible for such assignments. To the extent possible, all

[[Page 69037]]

such actions and determinations shall be made in coordination with the 
Public Safety and Homeland Security Bureau.
* * * * *

0
17. Section 0.332 is amended by revising paragraph (c) to read as 
follows:


Sec.  0.332  Actions taken under delegated authority.

* * * * *
    (c) Matters involving public safety, homeland security, national 
security, emergency management and preparedness, and disaster 
management communications--the Public Safety and Homeland Security 
Bureau.
* * * * *

0
18. Section 0.387 is revised to read as follows:


Sec.  0.387  Other national security and emergency preparedness 
delegations; cross reference.

    For authority of the Chief of the Public Safety and Homeland 
Security Bureau to declare a temporary communications emergency, see 
Sec.  0.191(o).

0
19. Part 0 is amended by adding an undesignated center heading and 
Sec.  0.392 to read as follows:

Public Safety and Homeland Security Bureau


Sec.  0.392  Authority delegated.

    The Chief, Public Safety and Homeland Security Bureau, is hereby 
delegated authority to perform all functions of the Bureau, described 
in Sec.  0.191, subject to the following exceptions and limitations in 
paragraphs (a) through (e) of this section.
    (a) The Chief, Public Safety and Homeland Security Bureau shall not 
have authority to act on any applications or requests that present 
novel questions of fact, law or policy that cannot be resolved under 
outstanding precedents and guidelines.
    (b) The Public Safety and Homeland Security Bureau shall not have 
authority to act upon any applications for review of actions taken by 
the Chief, Public Safety and Homeland Security Bureau, pursuant to any 
delegated authority.
    (c) The Public Safety and Homeland Security Bureau shall not have 
authority to act upon any formal or informal radio application or 
section 214 application for common carrier services which is in hearing 
status.
    (d) The Public Safety and Homeland Security Bureau shall not have 
authority to impose, reduce, or cancel forfeitures pursuant to section 
203 or section 503(b) of the Communications Act of 1934, as amended, in 
amounts of more than $80,000 for common carrier providers and $20,000 
for non-common carrier providers.
    (e) The Chief, Public Safety and Homeland Security Bureau shall not 
have authority to issue notices of proposed rulemaking, notices of 
inquiry, or reports or orders arising from either of the foregoing.
    (f) The Chief, Public Safety and Homeland Security Bureau or her/
his designee has the authority to rule on emergency requests for 
Special Temporary Authority during non-business hours. Action on 
emergency requests for Special Temporary Authority during non-business 
hours shall be promptly reported to the responsible Bureau or Office.
    (g) The Chief, Public Safety and Homeland Security Bureau is 
authorized to declare that a temporary state of communications 
emergency exists pursuant to Sec.  97.401(b) of this chapter and to act 
on behalf of the Commission with respect to the operation of amateur 
stations during such temporary state of communications emergency.
    (h) The Chief, Public Safety and Homeland Security Bureau or her/
his designee is authorized to issue non-hearing related subpoenas for 
the attendance and testimony of witnesses and the production of books, 
papers, correspondence, memoranda, schedules of charges, contracts, 
agreements, and any other records deemed relevant to the investigation 
of matters within the jurisdiction of the Public Safety and Homeland 
Security Bureau. Before issuing a subpoena, the Bureau shall obtain the 
approval of the Office of General Counsel.

PART 4--DISRUPTIONS TO COMMUNICATIONS

0
20. The authority citation for part 4 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 154(o), 218, 219, 230, 
256, 301, 302(a), 303(f), 303(g), 303(j), 303(r), 403, 621(b)(3), 
and 621(d), unless otherwise noted.


0
21. Section 4.11 is revised to read as follows:


Sec.  4.11  Notification and initial and final communications outage 
reports that must be filed by communications providers.

    Notification and Initial and Final Communications Outage Reports 
shall be submitted by a person authorized by the communications 
provider to submit such reports to the Commission. The person 
submitting the Final report to the Commission shall also be authorized 
by the provider to legally bind the provider to the truth, 
completeness, and accuracy of the information contained in the report. 
Each Final report shall be attested by the person submitting the report 
that he/she has read the report prior to submitting it and on oath 
deposes and states that the information contained therein is true, 
correct, and accurate to the best of his/her knowledge and belief and 
that the communications provider on oath deposes and states that this 
information is true, complete, and accurate. The Notification shall 
provide: The name of the reporting entity; the date and time of onset 
of the outage; a brief description of the problem; service effects; the 
geographic area affected by the outage; and a contact name and contact 
telephone number by which the Commission's technical staff may contact 
the reporting entity. The Initial and Final Reports shall contain the 
information required in this part 4. The Initial report shall contain 
all pertinent information then available on the outage and shall be 
submitted in good faith. The Final report shall contain all pertinent 
information on the outage, including any information that was not 
contained in, or that has changed from that provided in, the Initial 
report. The Notification and the Initial and Final Communications 
Outage Reports are to be submitted electronically to the Commission. 
``Submitted electronically'' refers to submission of the information 
using Commission-approved Web-based outage report templates. If there 
are technical impediments to using the Web-based system during the 
Notification stage, then a written Notification to the Commission by e-
mail, FAX, or courier may be used; such Notification shall contain the 
information required. All hand-delivered Notifications and Initial and 
Final Communications Outage Reports, shall be addressed to the Federal 
Communications Commission, The Office of Secretary, Attention: Chief, 
Public Safety & Homeland Security Bureau. Electronic filing shall be 
effectuated in accordance with procedures that are specified by the 
Commission by public notice.

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
22. The authority citation for part 11 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 
606.


0
23. Section 11.21 is amended by revising the introductory paragraph to 
read as follows:

[[Page 69038]]

Sec.  11.21  State and Local Area Plans and FCC Mapbook.

    EAS plans contain guidelines which must be followed by EAS 
Participants' personnel, emergency officials, and National Weather 
Service (NWS) personnel to activate the EAS. The plans include the EAS 
header codes and messages that will be transmitted by key EAS sources 
(NP, LP, SP and SR). State and local plans contain unique methods of 
EAS message distribution such as the use of the Radio Broadcast Data 
System (RBDS). The plans must be reviewed and approved by the Chief, 
Public Safety and Homeland Security Bureau, prior to implementation to 
ensure that they are consistent with national plans, FCC regulations, 
and EAS operation.
* * * * *

0
24. Section 11.43 is revised to read as follows:


Sec.  11.43  National level participation.

    Entities that wish to voluntarily participate in the national level 
EAS may submit a written request to the Chief, Public Safety and 
Homeland Security Bureau.

0
25. Section 11.47 is amended by revising paragraph (b) to read as 
follows:


Sec.  11.47  Optional use of other communications methods and systems.

* * * * *
    (b) Other technologies and public service providers, such as DBS, 
low earth orbiting satellites, etc. that wish to participate in the EAS 
may contact the FCC's Chief, Public Safety and Homeland Security 
Bureau, or their State Emergency Communications Committee for 
information and guidance.

PART 22--PUBLIC MOBILE SERVICES

0
26. The authority citation for part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309, and 332.


0
27. Section 22.879 is amended by revising paragraph (c)(3)(v) to read 
as follows:


Sec.  22.879  Interference resolution procedures.

* * * * *
    (c) * * *
    (3) * * *
    (v) Has been approved by the Chief of the Public Safety and 
Homeland Security Bureau or other designated Commission official. Prior 
to the authorized official making a determination that a clear and 
imminent danger exists, the associated written statement must be served 
by hand-delivery or receipted fax on the applicable offending licensee, 
with a copy transmitted by the fastest available means to the 
Washington, DC office of the Commission's Public Safety and Homeland 
Security Bureau.

0
28. Section 22.972 is amended by revising paragraph (c)(3)(v) to read 
as follows:


Sec.  22.972  Interference resolution procedures.

* * * * *
    (c) * * *
    (3) * * *
    (v) Has been approved by the Chief of the Public Safety and 
Homeland Security Bureau or other designated Commission official. Prior 
to the authorized official making a determination that a clear and 
imminent danger exists, the associated written statement must be served 
by hand-delivery or receipted fax on the applicable offending licensee, 
with a copy transmitted by the fastest available means to the 
Washington, DC office of the Commission's Public Safety and Homeland 
Security Bureau.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
29. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 
222, 225, 226, 228, and 254(k) unless otherwise noted.


0
30. Appendix A, 6.b.(2)(m) is revised to read as follows:

Appendix A to Part 64--Telecommunications Service Priority (TSP) System 
for National Security Emergency Preparedness (NSEP)

* * * * *
    6. * * *
    b. * * *
    (2) * * *
    (m) All reports submitted to the FCC should be directed to 
Chief, Public Safety and Homeland Security Bureau, Washington, DC 
20554.
* * * * *

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
31. The authority citation for part 90 continues to read as follows:

    Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), 332(c)(7).


0
32. Section 90.674 is amended by revising paragraph (c)(3)(v) to read 
as follows:


Sec.  90.674  Interference resolution procedures before, during and 
after band reconfiguration.

* * * * *
    (c) * * *
    (3) * * *
    (v) Has been approved by the Chief of the Public Safety and 
Homeland Security Bureau or other designated Commission official. Prior 
to the authorized official making a determination that a clear and 
imminent danger exists, the associated written statement must be served 
by hand-delivery or receipted fax on the applicable offending licensee, 
with a copy transmitted by the fastest available means to the 
Washington, DC office of the Commission's Public Safety and Homeland 
Security Bureau.

0
33. Section 90.676 is amended by revising paragraphs (a)(4), (b)(1), 
and (b)(4) to read as follows:


Sec.  90.676  Transition administrator for reconfiguration of the 806-
824/851-869 MHz band in order to separate cellular systems from non-
cellular systems.

* * * * *
    (a) * * *
    (4) Establishing a relocation schedule on a NPSPAC region-by-region 
basis, prioritizing the regions on the basis of population. However, 
should a given region be encountering unusually severe amounts of 
unacceptable interference, that region may be moved up in priority. Any 
party disputing such a change in priority may refer the matter to the 
Chief, Public Safety and Homeland Security Bureau, who hereby is 
delegated the authority to resolve such disputes. The Transition 
Administrator may direct that adjoining regions be reconfigured 
simultaneously when conditions so require.
    (b) * * *
    (1) Monitor the retuning schedule and resolve any schedule delays 
or refer same to the Chief, Public Safety and Homeland Security Bureau, 
for resolution;
* * * * *
    (4) Provide the Chief, Public Safety and Homeland Security Bureau, 
with an annual audited statement of relocation funds expended to date, 
including salaries and expenses of Transition Administrator. The 
Transition Administrator may select the date for filing the annual 
audited statement;
* * * * *


Sec.  90.677  [Amended]

0
34. Section 90.677 is amended by removing the words ``Chief of the 
Public Safety and Critical Infrastructure Division of the Wireless 
Telecommunications Bureau'' and

[[Page 69039]]

``Chief of the Public Safety and Critical Infrastructure Division'' 
wherever they appear and adding, in their place, the words ``Chief, 
Public Safety and Homeland Security Bureau.''

PART 97--AMATEUR RADIO SERVICE

0
35. The authority citation for part 97 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303. 
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47 
U.S.C. 151-155, 301-609, unless otherwise noted.


0
36. Section 97.401 is amended by revising paragraph (b) to read as 
follows:


Sec.  97.401  Operation during a disaster.

* * * * *
    (b) When a disaster disrupts normal communication systems in a 
particular area, the FCC may declare a temporary state of communication 
emergency. The declaration will set forth any special conditions and 
special rules to be observed by stations during the communication 
emergency. A request for a declaration of a temporary state of 
emergency should be directed to the Chief, Public Safety and Homeland 
Security Bureau.
* * * * *
[FR Doc. E6-20240 Filed 11-28-06; 8:45 am]
BILLING CODE 6712-01-P