[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Rules and Regulations]
[Pages 51375-51377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20501]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 15, 27, and 74

[WT Docket Nos. 08-166, 08-167; FCC 08-188]


Revisions to Rules Authorizing the Operation of Low Power 
Auxiliary Stations in the 698-806 MHz Band; Public Interest Spectrum 
Coalition, Petition for Rulemaking Regarding Low Power Auxiliary 
Stations, Including Wireless Microphones, and the Digital Television 
Transition

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission imposes a freeze on the 
filing of new license applications that seek to operate on any 700 MHz 
Band frequencies (698-806 MHz) after the end of the DTV transition, 
February 17, 2009 as well as on granting any request for equipment 
authorization of low power auxiliary station devices that would operate 
in any of the 700 MHz Band frequencies. The Commission also holds in 
abeyance, until the conclusion of this proceeding, any pending license 
applications and equipment authorization requests that involve 
operation of low power auxiliary devices on frequencies in the 700 MHz 
Band after the end of the DTV transition.

DATES: The effective date of the abeyance and the freezes is August 21, 
2008.

FOR FURTHER INFORMATION CONTACT: Bill Stafford, Spectrum and 
Competition Policy Division, Wireless Telecommunications Bureau at 
(202) 418-0563 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
interim rules noted in the Notice of Proposed Rulemaking and Order in 
WT Docket Nos. 08-166 and 08-167, FCC 08-188, adopted August 15, 2008, 
and released on August 21, 2008. This summary should be read with its 
companion document, the notice of proposed rulemaking summary published 
elsewhere in this issue of the Federal Register. The full text of the 
Notice of Proposed Rulemaking and Order is available for public 
inspection and copying during business hours in the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. It also may be purchased from the Commission's 
duplicating contractor at Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554; the contractor's Web site, http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 488-
5563, or e-mail [email protected]. Copies of the public notice also may 
be obtained via the Commission's Electronic Comment Filing System 
(ECFS) by entering the docket numbers, WT Docket No. 08-166 and WT 
Docket No. 08-167. Additionally, the complete item is available on the 
Federal Communications Commission's Web site at http://www.fcc.gov.

[[Page 51376]]

Synopsis of the Order Section of the Notice of Proposed Rulemaking and 
Order Introduction

    The Digital Television Transition and Public Safety Act of 2005 
(DTV Act) set a firm deadline for the end of the digital television 
(DTV) transition of February 17, 2009, at which time the spectrum in 
the 698-806 MHz Band (700 MHz Band), currently occupied by television 
broadcasters in TV Channels 52-69, will be fully available for public 
safety as well as commercial wireless services. As the Commission has 
recognized, it is incumbent on the Commission to take all steps 
necessary to make this spectrum effectively available both to public 
safety and commercial licensees at the end of the DTV transition.
    1. In the Order below, the Commission imposes a freeze, effective 
August 21, 2008, on the filing of new license applications that seek to 
operate on any 700 MHz Band frequencies (698-806 MHz) after the end of 
the DTV transition, February 17, 2009. In addition, the Commission 
imposes a freeze, effective August 21, 2008, on granting any request 
for equipment authorization of low power auxiliary station devices that 
would operate in any of the 700 MHz Band frequencies. The Commission 
also holds in abeyance, beginning August 21, 2008 until the conclusion 
of this proceeding, any pending license applications and equipment 
authorization requests that involve operation of low power auxiliary 
devices on frequencies in the 700 MHz Band after the end of the DTV 
transition.

Order

    2. In light of the Commission's tentative conclusion not to permit 
the operation of low power auxiliary stations on 700 MHz Band 
frequencies (698-806 MHz) following the end of the DTV transition, the 
Commission also finds that continuing to accept new license 
applications for low power auxiliary station licenses that involve the 
operation of such stations on this spectrum after February 17, 2009 
would impair the objectives that the Commission is proposing in this 
proceeding. In addition, the Commission imposes a freeze on granting 
any request for equipment authorizations of low power auxiliary station 
devices that would operate in any of the 700 MHz Band frequencies. 
Accordingly, the Commission hereby suspends acceptance of license 
applications and equipment authorizations for low power auxiliary 
stations that seek to operate on 700 MHz Band frequencies after 
February 17, 2009. This suspension is effective immediately and until 
further notice and applies to applications received on or after August 
21, 2008. Any applications received on or after this date will be 
returned as unacceptable for filing. The Commission takes this action 
to permit orderly and effective resolution of issues in this 
proceeding.
    3. In addition, the Commission will not process such pending 
license applications and equipment authorization requests if they would 
involve operation in the 700 MHz Band after the end of the DTV 
transition. Pending applications and equipment authorization requests 
will be held in abeyance until the conclusion of this proceeding, 
whereupon the Commission will determine, in accordance with such new 
rules as are adopted, whether to process or return any such pending 
applications and equipment authorization requests. The Commission notes 
that entities with pending applications and equipment authorization 
requests to operate in the spectrum that would include the 700 MHz Band 
are free to modify their applications and requests to exclude operation 
in this band, and these applications and requests could then proceed 
with being processed.

Procedural Matters

1. Ex Parte Requirements

    This proceeding has been designated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.\1\ 
Parties making oral ex parte presentations in this proceeding are 
reminded that memoranda summarizing the presentation must contain the 
presentation's substance and not merely list the subjects discussed.\2\ 
More than a one- or two-sentence description of the views and arguments 
presented is generally required.\3\
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    \1\ See 47 CFR 1.1200(a), 1.1206.
    \2\ See Commission Emphasizes the Public's Responsibilities in 
Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 
(2000).
    \3\ See 47 CFR 1.1206(b)(2). Other rules pertaining to oral and 
written presentations are also set forth in section 1.1206(b). See 
47 CFR 1.1206(b).
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2. 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).

3. Initial Regulatory Flexibility Analysis

    5. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA),\4\ the Federal Communications Commission (Commission) 
has prepared an Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on a substantial number of small 
entities by the policies and rules considered in the Notice of Proposed 
Rulemaking and Order (NPRM), WT Docket No. 08-166 and WT Docket No. 08-
167.\5\ (This IRFA can also be found in its entirety in the companion 
summary document noted previously in this supplementary information 
section.) 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 NPRM provided on page one of the NPRM. 
The Commission will send a copy of the NPRM, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\6\ In addition, the NPRM and IRFA (or summaries thereof) will be 
published in the Federal Register.\7\
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    \4\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), Pub. L. 104-121, Title II, 110 Stat. 857 (1996).
    \5\ Revisions to Rules Authorizing the Operation of Low Power 
Auxiliary Stations in the 698-806 MHz Band, WT Docket No. 08-166, 
Public Interest Spectrum Coalition, Petition for Rulemaking 
Regarding Low Power Auxiliary Stations, Including Wireless 
Microphones, and the Digital Television Transition, WT Docket No. 
08-167.
    \6\ See 5 U.S.C. 603(a).
    \7\ Id.
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Ordering Clauses

    6. Accordingly, it is ordered, pursuant to sections 1, 2, 4(i), 
4(j), 301, 302, 303, 304, 307, 308, 309, 316, 332, 336, and 337 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 301, 302a, 303, 304, 307, 308, 309, 316, 332, 336, and 337 that 
this notice of proposed rulemaking and order in WT Docket No. 08-166 
and WT Docket No. 08-167 is hereby adopted.
    7. It is further ordered that, pursuant to 5 U.S.C. 553(b)(A), (B), 
(d), and sections 4(i), 4(j) and 303(r) of the Communications Act, as 
amended, 47 U.S.C. 154(i), 154(j), and 303(r), the acceptance of 
applications for low power auxiliary stations that seek to operate on 
698-806 MHz after February 17, 2009, is suspended, effective August 21, 
2008.
    8. It is further ordered that, pursuant to 5 U.S.C. 553(b)(A), (B), 
(d), and

[[Page 51377]]

sections 4(i), 4(j) and 303(r) of the Communications Act, as amended, 
47 U.S.C. 154(i), 154(j), and 303(r), pending applications for low 
power auxiliary stations that seek to operate on frequencies 698-806 
MHz after February 17, 2009, will not be processed, and will be held in 
abeyance until the conclusion of this proceeding initiated by this 
notice of proposed rulemaking and order.
    9. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this notice of proposed rulemaking and order, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8-20501 Filed 9-2-08; 8:45 am]
BILLING CODE 6712-01-P