[Federal Register Volume 72, Number 190 (Tuesday, October 2, 2007)]
[Rules and Regulations]
[Pages 56015-56016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19445]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, 24, 27, and 90

[WT Docket No. 06-150; CC Docket No. 94-102; WT Docket No. 01-309; WT 
Docket No. 03-264; WT Docket No. 06-169; PS Docket No. 06-229; WT 
Docket No. 96-86; FCC No. 07-171]


Service Rules for the 698-806 MHz Band and Revision of the 
Commission's Rules Regarding Enhanced 911 Emergency Calling Systems, 
Wireless Radio Services, Hearing Aid-Compatible Telephones, and Public 
Safety Spectrum Requirements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document summarizes an Order on Reconsideration adopted 
by the Commission in this proceeding. The Order on Reconsideration 
announces changes to the composition of the governing board of the 
Public Safety Broadband Licensee (the board) as set forth in the 
Commission's 700 MHz Second Report and Order (22 FCC Rcd

[[Page 56016]]

15289 (2007)) (Second Report and Order). The National Public Safety 
Telecommunications Council (NPSTC) is removed from the board. The 
Forestry Conservation Communications Association (FCCA), the American 
Association of State Highway and Transportation Officials (AASHTO), and 
the International Municipal Sign Association (IMSA) are added to the 
board. The board's at-large members, jointly selected on delegated 
authority by the Commission's Public Safety and Homeland Security 
Bureau and Wireless Telecommunications Bureau, are increased from two 
to four. These changes increase the total number of board members from 
eleven to fifteen.

DATES: Effective October 2, 2007.

FOR FURTHER INFORMATION CONTACT: Carol Simpson, Public Safety and 
Homeland Security Bureau, at (202) 418-2391, or [email protected].

SUPPLEMENTARY INFORMATION:
    Background. On July 31, 2007, the Commission adopted a Second 
Report and Order revising the rules governing the upper 700 MHz band. 
In the Second Report and Order, the Commission redesignated ten 
megahertz of public safety 700 MHz spectrum (763-768/793-798 MHz) for 
the purpose of establishing a nationwide, interoperable broadband 
public safety communications network. In this regard, the Commission 
established a single nationwide license for this spectrum--the Public 
Safety Broadband License. Further, the Commission stated that it would 
assign this license to a single entity--the Public Safety Broadband 
Licensee (PSBL).
    The Second Report and Order established certain criteria for the 
Public Safety Broadband Licensee eligibility, including that no 
commercial interest may be held in the PSBL, no commercial interest may 
participate in the management of the PSBL, the PSBL must be a non-
profit organization, and the PSBL must be broadly representative of the 
public safety community. Further, the Second Report and Order requires 
that the PSBL be governed by a voting board consisting of eleven 
members, one each from the nine organizations representative of public 
safety listed below, and two at-large members selected by the Public 
Safety and Homeland Security Bureau and the Wireless Telecommunications 
Bureau, jointly on delegated authority. The nine organizations that are 
to be represented on the board, with each organization represented by 
one voting board member, are: The Association of Public Safety 
Communications Officials (APCO); the National Emergency Number 
Association (NENA); the International Association of Chiefs of Police 
(IACP); the International Association of Fire Chiefs (IAFC); the 
National Sheriffs' Association; the International City/County 
Management Association (ICMA); the National Governor's Association 
(NGA); the National Public Safety Telecommunications Council (NPSTC); 
and the National Association of State Emergency Medical Services 
Officials (NASEMSO).
    On September 14, 2007, representatives of FCCA, AASHTO, and IMSA 
filed a notice of ex parte presentation recommending that the 
Commission, on its own motion, add FCCA, AASHTO, and IMSA as voting 
members to the PSBL board of directors. For the reasons discussed 
below, the Commission makes certain changes to the composition of the 
PSBL board of directors on our own motion.
    Discussion. As noted above, one of our main criteria for the PSBL 
is that it be as broadly representative of the public safety community 
as possible. While the original nine organizations the Commission named 
would provide a substantial degree of such representation, the 
Commission finds that making the following changes to the board of 
directors would further serve this particular criterion and the public 
interest. First, the Commission names FCCA, AASHTO, and IMSA as 
additional organizations to be represented on the board as voting 
members. FCCA was established in 1944 and coordinates frequencies 
within the Forestry--Conservation spectrum. In this capacity, FCCA 
provides services for forestry and conservation, police, fire, EMS and 
local government agencies. AASHTO represents highway and transportation 
departments in all 50 states, the District of Columbia, and Puerto 
Rico, including the air, highway, public transportation, rail, and 
water transportation modes. IMSA dates back to 1896 and offers programs 
in a variety of public safety disciplines including public safety 
telecommunications, traffic control, work zone safety, and fire 
detection and reporting systems. Based on the particular expertise each 
of these organizations represents, the Commission finds that inclusion 
of these three organizations would further help to broaden 
representation of the public safety community in the PSBL board of 
directors.
    Second, because FCCA, AASHTO, and IMSA are members of NPSTC, the 
Commission will remove NPSTC as one of the named organizations that may 
be represented as a voting member of the PSBL. Finally, the Commission 
finds that increasing the number of at-large members from the current 
two to four would provide additional flexibility to maximize the 
effectiveness of the PSBL. Accordingly, four at-large members will be 
selected by the Public Safety and Homeland Security Bureau and the 
Wireless Telecommunications Bureau, jointly on delegated authority. 
This will bring the total number of board members to fifteen.
    Ordering Clauses. 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, this order on 
reconsideration in WT Docket No. 06-150, CC Docket No. 94-102, WT 
Docket No. 01-309, WT Docket No. 03-264, WT Docket No. 06-169, PS 
Docket No. 06-229, and WT Docket No. 96-86 is adopted.
    It is further ordered that, that pursuant to 5 U.S.C. 553(d)(3) and 
47 CFR 1.427(b), this order on reconsideration will become effective 
upon publication in the Federal Register.
    It is further ordered that, pursuant to Section 5(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. 5(c), the Wireless 
Telecommunications Bureau and Public Safety and Homeland Security 
Bureau are granted delegated authority to implement the policies set 
forth in this order on reconsideration.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E7-19445 Filed 10-1-07; 8:45 am]
BILLING CODE 6712-01-P