[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Proposed Rules]
[Pages 40274-40276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16036]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[DA 08-1530; WT Docket No. 02-55]
Public Safety and Homeland Security Bureau Seeks Comment on New
800 MHz Band Plan for Puerto Rico
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Second Further Notice of Proposed
Rulemaking (Second FNPRM), which seeks comment on post-reconfiguration
800 MHz band plans for the Puerto Rico region. The Bureau, by this
action, affords interested parties an opportunity to submit comments
and reply comments on proposals for establishing a reconfigured 800 MHz
band plan in the Puerto Rico region in order to accomplish the
Commission's goals for band reconfiguration.
DATES: Comments are due on or before August 8, 2008 and reply comments
are due on or before August 22, 2008.
ADDRESSES: You may submit comments, identified by WT Docket 02-55, by
any of the following 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: Policy Division, Public Safety and Homeland Security
Bureau, 445 12th Street, SW., Washington, DC 20554.
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: John Evanoff, Policy Division, Public
Safety and Homeland Security Bureau, (202) 418-0848.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Further Notice of Proposed Rulemaking, DA 08-1530, released on June 30,
2008. The complete text of this document is available for inspection
and copying during normal business hours in the FCC Reference
Information Center, Portals II, 445 12th Street, SW., Room CY-A257,
Washington, DC 20554. This document may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc., 445
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone (800)
378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via e-mail at
http://www.bcpiweb.com. It is also available on the Commission's Web
site at http://www.fcc.gov.
1. In a July 2004 Report and Order, the Commission reconfigured the
800 MHz band to eliminate interference to public safety and other land
mobile communication systems operating in the band, 69 FR 67823
(November 22, 2004). In a Second Memorandum Opinion and Order, adopted
in May 2007, the Commission determined that an alternative band plan
was appropriate for Puerto Rico due to the unique nature of 800 MHz
incumbency in the Puerto Rico market compared to other markets 72 FR
39756 (July 20, 2007). Rather than specify a band plan for Puerto Rico,
the Commission directed the 800 MHz Transition Administrator (TA) to
propose an alternative band plan and negotiation timetable for Puerto
Rico. The Commission stated that the TA's proposal should comply with
certain
[[Page 40275]]
criteria. The Commission delegated authority to the Public Safety and
Homeland Security Bureau to approve or modify the proposed band plan
and timetable, and suspended the rebanding timetable for Puerto Rico
until a new band plan is adopted. On October 19, 2007, the TA filed the
requested band plan proposal in this docket (TA Proposal).
2. Pursuant to Sections 1.415 and 1.419 of the Commission's rules,
47 CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates listed on the first page of this
summary. All filings related to the Further Notice of Proposed
Rulemaking should refer to WT Docket No. 02-55. Comments may be filed
using: (1) The Commission'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 24,121 (1998).
Procedural Matters
A. Initial Regulatory Flexibility Analysis
3. Pursuant to the Regulatory Flexibility Act (RFA), the Bureau has
prepared an Initial Regulatory Flexibility Analysis (IRFA) of the
possible significant economic impact on small entities by the proposals
considered in the Second FNPRM. The text of the IRFA is set forth in
Appendix A. Written public comments are requested on this IRFA.
Comments must be filed in accordance with the same filing deadlines for
comments on the Second FNPRM, and they should have a separate and
distinct heading designating them as responses to the IRFA. The Bureau
will send a copy of the Second FNPRM, including the IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration.
B. Initial Paperwork Reduction Act of 1995 Analysis
4. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 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, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Initial Regulatory Flexibility Analysis
5. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed in the Second Further Notice of Proposed
Rulemaking (Second FNPRM). Written public comments are requested on
this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments on the first page of the
Second FNPRM. The Commission will send a copy of the Second FNPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). In addition, the Second FNPRM and IRFA
(or summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
6. In the Second Further Notice of Proposed Rulemaking (Second
FNPRM), we consider the 800 MHz Transition Administrator's (TA)
proposal to reconfigure the band plan for Puerto Rico. Consistent with
the U.S. Band Plan, all Puerto Rico incumbents in the 806-809/851-854
MHz (Channel 1-120) band segment would be relocated to comparable
spectrum in the Interleaved, Expansion, or ESMR Band, depending on
their eligibility. All NPSPAC licensees would be relocated from their
821-824/866-869 MHz channel assignments to channel assignments 15 MHz
downward in the 806-809/851-854 MHz band segment. Under the TA
Proposal, the Puerto Rico band plan would be the same as the band plan
for non-border regions of the United States (US Band Plan), except that
the Expansion Band would be expanded by 0.5 MHz in bandwidth through
elimination of the lower 0.5 MHz portion of the Guard Band. Under the
TA Proposal, the ESMR Band in EA 174 would remain in the same channels
as in the U.S. Band Plan. The TA has determined that there will not be
sufficient capacity to accommodate fully all ESMR and ESMR-eligible
licensees in the ESMR Band. The TA Proposal provides that the TA will
apportion the Puerto Rico ESMR Band (817-824/862-869 MHz) in accordance
with the provisions set forth by the Commission the 800 MHz Second
Memorandum Opinion and Order. The TA proposes that all Puerto Rico
licensees would be subject to a single 90-day mandatory negotiation
period, after which any licensee that fails to negotiate a Frequency
Reconfiguration Agreement with Sprint Nextel would enter TA-sponsored
mediation. The reconfiguration of the 800 MHz band in the Puerto Rico
is in the public interest because it will allow the Commission to
eliminate interference in these regions to public safety and other land
mobile communication systems. Interference is eliminated by
separating--to the greatest extent possible--public safety and other
non-cellular licensees from licensees that employ cellular technology
in the 800 MHz band. In that connection, it is our intent to proceed
with rebanding in Puerto Rico as quickly as is feasible consistent with
the Commission's goals in this proceeding.
B. Legal Basis
7. The legal basis for any action that may be taken pursuant to
this Notice is contained in Sections 4(i), 303(f) and (r), and 332 of
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f)
and (r), and 332.
C. 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. 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. A small organization is generally any not-for-profit enterprise
which is independently owned and operated and is not dominant in its
field. Nationwide, as of 1992, there were approximately 275,801 small
organizations. A ``small governmental jurisdiction'' generally means
``governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than
50,000.'' As of 1992, there were approximately 85,006 such
jurisdictions in the United States. This number included 38,978
counties, cities, and towns; of these, 37,566, or ninety-six percent,
have populations of fewer than 50,000. The Census Bureau estimates that
this ratio is approximately accurate for all governmental entities.
Thus, of the 85,006 governmental entities, we estimate that that 81,600
(ninety-one percent) are small entities. Below, we further describe and
estimate the number of small entities--applicants
[[Page 40276]]
and licensees--that may be affected by the proposals, if adopted, in
the Second FNPRM.
10. Public Safety Radio Licensees. Public safety licensees who
operate 800 MHz systems in the Puerto Rico region would be required to
relocate their station facilities according to the band plan proposed
in the Second FNPRM. As indicated above, all governmental entities with
populations of less than 50,000 fall within the definition of a small
entity.
11. Business, I/LT, and SMR licensees. Business and Industrial Land
Transportation (B/ILT) and Special Mobile Radio (SMR) licensees who
operate 800 MHz systems in the Puerto Rico region would be required to
relocate their station facilities according to the band plans proposed
in the Second FNPRM. Neither the Commission nor the SBA has developed a
definition of small businesses directed specifically toward these
licensees.
12. ESMR Licensees. Enhanced Specialized Mobile Radio (ESMR)
licensees and ESMR-eligible licensees who operate 800 MHz systems in
the Puerto Rico region would be required to relocate their station
facilities according to the band plans proposed in the Second FNPRM.
Neither the Commission nor the SBA has developed a definition of small
businesses directed specifically toward these licensees.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
13. The Second FNPRM does not propose a rule that will entail
additional reporting, recordkeeping, and/or third-party consultation or
other compliance efforts.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
14. The RFA requires an agency to describe any significant,
specifically small business 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) exemption from
coverage of the rule, or any part thereof, for small entities.''
15. The Puerto Rico market presents a unique situation that is
distinct from other markets. Sprint holds considerably less spectrum in
Puerto Rico than it does elsewhere, and there are several other
licensees who have acquired significant EA license holdings in Puerto
Rico at auction and seek to operate as ESMRs. In addition, Puerto Rico
has numerous site-based incumbents that will need to be relocated to
the non-ESMR block. Thus, an alternative band plan is appropriate here.
Accordingly the Commission provided the 800 MHz Transition
Administrator (TA) with specific criteria and directed the TA to
propose an alternative band plan, including, if necessary, a pro rata
distribution of ESMR spectrum. At the time the Commission adopted these
criteria, it had no basis for anticipating that any future decision by
the TA in either proposing an alternative band plan or proposing a pro
rata distribution would adversely affect any small entities. The TA
proposes to apportion the Puerto Rico Band Plan consistent with these
criteria.
16. To the extent that adoption of the TA's Puerto Rico Band Plan
may impose an economic impact in Puerto Rico on relocating non-ESMR and
site-based incumbents, including public safety, to the non-ESMR band,
that impact will be borne by Sprint because Sprint must pay the costs
of 800 MHz band reconfiguration. Under Small Business Administration
criteria, Sprint is a large entity. Further, there is no evidence in
the record that non-Sprint licensees in the Puerto Rico market,
including small wireless cellular, public safety, governmental entities
or other wireless entities, would suffer adverse economic consequences.
Indeed, these licensees are likely to enjoy several benefits, including
improved interference protection as a result of band reconfiguration.
17. Additionally, while apportioning spectrum in the ESMR band may
result in a reduction in ESMR spectrum availability, these reductions
can be accommodated when a licensee employs more spectrum-efficient
technologies and higher-quality digital technologies. ESMR and ESMR-
eligible licensees are also likely to receive a number of benefits as a
result of modifying the Puerto Rico Band Plan. For example, as a
consequence of 800 MHz band reconfiguration ESMR-eligible licensees
will be able to relocate EA and site-based facilities to the ESMR band
that are currently located below the ESMR band. If these facilities are
relocated and integrated into an ESMR band system, these licensees will
be relieved of the cost and limitations associated with abating
interference created by ESMR stations being interleaved with high-site
systems used by public safety and others in the non-ESMR portion of the
band, while taking advantage of spectrally efficient technologies.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
18. None.
Ordering Clauses
19. Accordingly, it is ordered, pursuant to sections 4(i) and 332
of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 332,
that the Second Further Notice of Proposed Rulemaking is adopted.
20. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Second Further Notice of Proposed Rulemaking, including the
Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
21. It is further ordered that pursuant to applicable procedures
set forth in sections 1.415 and 1.419 of the Commission's rules, 47 CFR
1.415, 1.419, interested parties may file comments on or before August
8, 2008, and reply comments on or before August 22, 2008.
Federal Communications Commission.
Derek K. Poarch,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. E8-16036 Filed 7-11-08; 8:45 am]
BILLING CODE 6712-01-P