[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Proposed Rules]
[Pages 1201-1204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-171]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 06-229; WT Docket No. 96-86; FCC 06-181]


Implementing a Nationwide, Broadband, Interoperable Public Safety 
Network in the 700 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this document, the FCC seeks comment on proposals that 700 
MHz public safety spectrum be allocated for broadband use and that a 
single, national public safety broadband licensee be assigned this 
spectrum on a primary basis. Consistent with national priorities 
focusing on homeland security and broadband, and the Commission's 
commitment to ensure that emergency first responders have access to 
reliable and interoperable communications, this NPRM will allow the 
Commission to compile a record in an effort to determine whether there 
is a need for changes to the current 700 MHz public safety band plan. 
This NPRM seeks to promote effective public safety communications and 
innovation in wireless services in support of public safety and 
homeland security.

DATES: Written comments are due on or before February 26, 2007, and 
reply comments are due on or before March 12, 2007.

ADDRESSES: You may submit comments, identified by PS Docket No. 06-229 
and WT Docket No. 96-86, by any of the identified methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Follow the instructions for paper filers below.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.

    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jeffrey S. Cohen, Deputy Division 
Chief, Policy Division, Public Safety and Homeland Security Bureau, 
(202) 418-0799, or TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Ninth Notice of Proposed Rulemaking (9th 
NPRM), FCC 06-181, adopted and released on December 20, 2006. In the 
9th NPRM, the FCC seeks comment on its proposal that the 12 MHz of 
spectrum at 767-773 MHz and 797-803 MHz, currently designated as 
wideband segments, be allocated for broadband use and that a single, 
national public safety broadband licensee be assigned this spectrum on 
a primary basis. Specifically, this 9th NPRM seeks to expand and build 
upon the themes raised in the Eighth Notice of Proposed Rulemaking 
(Eighth NPRM), 71 FR 17786 (April 7, 2006), by proposing a 
comprehensive plan that may best promote the rapid deployment of a 
nationwide, interoperable, broadband public safety network, and thereby 
improve emergency responsiveness. Particularly in light of the nation's 
current and anticipated public safety and homeland security needs, the 
FCC proposes a centralized and national approach to maximize public 
safety access to interoperable, broadband spectrum in the 700 MHz band, 
and, at the same time, foster and promote the development and 
deployment of advanced broadband applications, related radio 
technologies, and a modern, IP-based system architecture.

Procedural Matters

Ex Parte Rules-Permit-But-Disclose Proceeding

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects

[[Page 1202]]

discussed. More than a one-or two-sentence description of the views and 
arguments presented is generally required. Other rules pertaining to 
oral and written presentations are set forth in Sec.  1.1206(b) of the 
FCC's rules as well.

Comment Dates

    Pursuant to Sec. Sec.  1.415 and 1.419 of the FCC's rules, 47 CFR 
1.415, 1.419, interested parties may file comments and reply comments 
on or before the dates indicated on the first page of this document. 
Comments may be filed using: (1) The FCC's Electronic Comment Filing 
System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) 
by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to [email protected], and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
    Comments and reply comments and any other filed documents in this 
matter may be obtained from Best Copy and Printing, Inc., in person at 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, via telephone 
at (202) 488-5300, via facsimile at (202) 488-5563, or via e-mail at 
[email protected]. The pleadings will be also available for public 
inspection and copying during regular business hours in the FCC 
Reference Information Center, Room CY-A257, 445 12th Street, SW., 
Washington, DC 20554, and through the Commission's Electronic Filing 
System (ECFS) accessible on the Commission's Web site, http://www.fcc.gov/cgb/ecfs.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    Commenters who file information that they believe is should be 
withheld from public inspection may request confidential treatment 
pursuant to Sec.  0.459 of the Commission's rules. Commenters should 
file both their original comments for which they request 
confidentiality and redacted comments, along with their request for 
confidential treatment. Commenters should not file proprietary 
information electronically. Even if the Commission grants confidential 
treatment, information that does not fall within a specific exemption 
pursuant to the Freedom of Information Act (FOIA) must be publicly 
disclosed pursuant to an appropriate request. See 47 CFR 0.461; 5 
U.S.C. 552. We note that the Commission may grant requests for 
confidential treatment either conditionally or unconditionally. As 
such, we note that the Commission has the discretion to release 
information on public interest grounds that does fall within the scope 
of a FOIA exemption.

Synopsis of the Notice of Proposed Rulemaking

    1. In this NPRM, we seek comment on a proposal that the Commission 
(1) allocate 12 MHz of the 700 MHz public safety spectrum from wideband 
to broadband use; (2) assign this spectrum nationwide to a single 
national public safety broadband licensee; (3) permit the national 
public safety broadband licensee also to operate on a secondary basis 
on all other public safety spectrum in the 700 MHz band; (4) permit the 
licensee to provide unconditionally preemptible access to commercial 
service providers; (5) facilitate the shared use of CMRS infrastructure 
for the efficient provision of public safety broadband service; (6) 
permit the licensee to charge fees for use of its system; and (7) 
establish performance requirements for interoperability, build out, 
preemptibility of commercial access, and system robustness. This NPRM 
seeks to promote effective public safety communications and innovation 
in wireless services in support of public safety and homeland security.

Paperwork Reduction Act

    2. This document does not contain proposed information 
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA), 
Pub. L. 104-13. In addition, therefore, it does not contain any new or 
modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Pub. L. 107-198, see 44 U.S.C. 3506 
(c)(4).

Initial Regulatory Flexibility Analysis

    3. As required by the Regulatory Flexibility Act (RFA), the 
Commission has prepared this Initial Regulatory Flexibility Analysis 
(IRFA) regarding the possible significant economic impact of the 
policies and rules proposed in this NPRM on a substantial number of 
small entities. Written public comments are requested regarding this 
IRFA. Comments must be identified as responses to this IRFA and must be 
filed by the deadlines for comments identified in the NPRM. The 
Commission will send a copy of this NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. In 
addition, this NPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.

1. Need for, and Objectives of, the Proposed Rules

    4. This NPRM seeks to promote homeland security, and to advance the

[[Page 1203]]

Commission's commitment to ensure that emergency first responders have 
access to reliable, interoperable and broadband communications. To 
place this NPRM in context we briefly review the history of the 700 MHz 
public safety spectrum. Pursuant to Congressional directive, the 
Commission reallocated 24 MHz of spectrum in the Upper 700 MHz Band to 
meet the communications needs of public safety. In many areas of the 
United States this public safety spectrum is encumbered by incumbent 
television stations. In January 1999 the Commission chartered a federal 
advisory committee, the Public Safety National Coordination Committee 
(NCC), to advise the Commission on service rules for the 700 MHz Public 
Safety Band, which the Commission had divided into narrowband voice and 
data channels and wideband data channels, with designated 
interoperability channels in each of these band segments. In March 
2006, the Commission adopted an Eighth NPRM in which it sought comment 
on whether certain channels within the current 24 MHz of public safety 
spectrum in the 700 MHz public safety band (764-776 MHz and 794-806 
MHz) should be modified to accommodate broadband communications, and if 
so, how. The Eighth NPRM sought comment on specific proposals to 
accommodate broadband, submitted by the National Public Safety 
Telecommunications Council, Motorola, Inc., and Lucent Technologies, 
Inc. The Commission also asked commenters to update the record 
regarding wideband interoperability and the SAM standard. This NPRM is 
another step in the FCC's ongoing efforts to develop a regulatory 
framework in which to meet current and future public safety 
communications needs.
    5. In this NPRM, we seek comment on a proposal that the Commission 
(1) allocate 12 MHz of the 700 MHz public safety spectrum from wideband 
to broadband use; (2) assign this spectrum nationwide to a single 
national public safety broadband licensee; (3) permit the national 
public safety broadband licensee also to operate on a secondary basis 
on all other public safety spectrum in the 700 MHz band; (4) permit the 
licensee to provide unconditionally preemptible access to commercial 
service providers; (5) facilitate the shared use of CMRS infrastructure 
for the efficient provision of public safety broadband service; (6) 
permit the licensee to charge fees for use of its system; and (7) 
establish performance requirements for interoperability, build out, 
preemptibility of commercial access, and system robustness. This NPRM 
seeks to promote effective public safety communications and innovation 
in wireless services in support of public safety and homeland security.
    6. Consistent with national priorities focusing on homeland 
security and broadband, and the Commission's commitment to ensure that 
emergency first responders have access to reliable and interoperable 
communications, this NPRM will allow the Commission to compile a record 
in an effort to determine whether there is a need for changes to the 
current 700 MHz public safety band plan. The NPRM is intended to 
explore whether, particularly in light of the nation's current and 
anticipated public safety and homeland security needs, a centralized 
and national approach would maximize public safety access to 
interoperable, broadband spectrum in the 700 MHz band, and, at the same 
time, foster and promote the development and deployment of advanced 
broadband applications, related radio technologies, and a modern, IP-
based system architecture. At the same time, the NPRM also seeks to 
provide public safety entities with a cost effective and spectrally-
efficient communications system.

2. Legal Basis

    7. The authority for the action proposed in this rulemaking is 
contained in sections 1, 2, 4(i), 5(c), 7, 10, 201, 202, 208, 301, 302, 
303, 307, 308, 309, 310, 314, 316, 319, 324, 332, 333, 337 and 403 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
155(c), 157, 160, 201, 202, 208, 301, 302, 303, 307, 308, 309, 310, 
314, 316, 319, 324, 332, 333, 337 and 403.

3. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    8. 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 proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A ``small business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the Small Business 
Administration (SBA).
    9. Governmental Entities. The term ``small governmental 
jurisdiction'' is defined as ``governments of cities, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' As of 2002, there were approximately 87,525 
governmental jurisdictions in the United States. This number includes 
38,967 county governments, municipalities, and townships, of which 
37,373 (approximately 95.9%) have populations of fewer than 50,000, and 
of which 1,594 have populations of 50,000 or more. Thus, we estimate 
the number of small governmental jurisdictions overall to be 85,931 or 
fewer.
    10. Public Safety Radio Licensees. As a general matter, public 
safety radio licensees include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services. The 
SBA rules contain a definition for cellular and other wireless 
telecommunications companies which encompass business entities engaged 
in wireless communications employing no more than 1,500 persons. 
According to Census Bureau data for 2002, in this category there was a 
total of 8,863 firms that operated for the entire year. Of this total, 
401 firms had 100 or more employees, and the remainder had fewer than 
100 employees. With respect to local governments, in particular, since 
many governmental entities as well as private businesses comprise the 
licensees for these services, we include under public safety services 
the number of government entities affected.
    11. Wireless Communications Equipment Manufacturers. The SBA has 
established a small business size standard for radio and television 
broadcasting and wireless communications equipment manufacturing. Under 
the standard, firms are considered small if they have 1000 or fewer 
employees. Census Bureau data for 1997 indicates that, for that year, 
there were a total of 1,215 establishments in this category. Of those, 
there were 1,150 that had employment under 500, and an additional 37 
that had employment of 500 to 999. The Commission estimates that the 
majority of wireless communications equipment manufacturers are small 
businesses.

4. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    12. This NPRM seeks comment on possible revisions to the 700 MHz 
public safety band that may modify reporting, recordkeeping and other 
compliance requirements. The Commission requests comment on proposals 
to apply its Secondary

[[Page 1204]]

Markets leasing regime to a national public safety licensee. 
Application of secondary markets leasing to the 700 MHz public safety 
band would require a modification of current reporting and 
recordkeeping requirements.

5. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    13. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    14. Generally, the Commission's primary objective in issuing the 
NPRM is to maximize public safety access to interoperable, broadband 
spectrum in the 700 MHz band and, at the same time, foster and promote 
the development and deployment of advanced broadband applications, 
related radio technologies, and a modern, IP-based system architecture. 
To assist the Commission in its analysis, commenters are requested to 
provide information regarding which public safety entities and 
manufacturers would be affected by the proposed changes to the 700 MHz 
public safety band plan as described in this NPRM. In particular, we 
seek estimates of how many small entities might be affected and whether 
any of the proposals under consideration would be too burdensome to 
public safety.
    15. In the NPRM, we seek data demonstrating the costs and benefits 
of modifying the 700 MHz band to accommodate a nationwide, broadband, 
interoperable public safety communications network. Pursuant to the 
proposed plan, a single nationwide public safety licensee would be 
selected to hold a single nationwide license for 12 MHz of public 
safety spectrum. The national licensee then would make this spectrum 
available for broadband, interoperable public safety operations, as 
well as in the 700 MHz narrowband spectrum on a secondary basis. 
Furthermore, the national licensee would be able to lease excess 
capacity in these bands to commercial entities on an unconditionally 
preemptible basis. The NPRM asks commenters to identify the criteria 
for selection of a national public safety licensee, how the national 
licensee can best implement a broadband, interoperable network, the 
amount of discretion the national licensee should be afforded in 
designing the best system architecture, how to ensure nationwide build-
out, and the appropriate degree of network resiliency and disaster 
restoration capabilities for this public safety network. The NPRM also 
explores funding options, including the imposition of usage fees 
charged to public safety users as well as commercial users. 
Accordingly, we seek comment on the costs and benefits of modifying the 
existing rules to accommodate deployment of a broadband, interoperable 
public safety network as proposed.
    16. With regard to alternatives, we do not anticipate that any of 
the proposals under consideration in this NPRM would impose any 
additional economic burdens on public safety entities. We believe our 
proposals will provide a resource for public safety to utilize a more 
cost-effective and spectrally efficient communications system to 
address their homeland security and emergency response needs. Indeed, 
one of the major objectives underlying this proposal is to minimize 
economic burdens on public safety entities. Because we do not 
anticipate that our proposal will impose additional economic burdens on 
public safety, and is in fact designed to reduce economic burdens on 
public safety, we see no reason to propose alternatives to accomplish 
our objectives. However, we remain open to discussing alternatives to 
reaching our objectives should an alternative be stated in comments for 
the specific purpose of minimizing the impact on public safety 
entities. Accordingly, we seek comment on alternatives including any 
that may further minimize the impact on public safety entities.

6. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    17. None.

Ordering Clauses

    18. Accordingly, it is ordered that pursuant to sections 1, 2, 
4(i), 5(c), 7, 10, 201, 202, 208, 301, 302, 303, 307, 308, 309, 310, 
314, 316, 319, 324, 332, 333, 337 and 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 157, 160, 201, 
202, 208, 301, 302, 303, 307, 308, 309, 310, 314, 316, 319, 324, 332, 
333, 337 and 403, the Ninth Notice of Proposed Rulemaking is hereby 
adopted.
    19. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this NPRM, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7-171 Filed 1-9-07; 8:45 am]
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