[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Proposed Rules]
[Pages 10295-10299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4058]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 06-229; WT Docket 06-150; WP Docket 07-100; FCC 11-6]


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 Commission seeks comments on the 
development of a technical interoperability framework for the 
nationwide public safety broadband network. This document considers and 
proposes additional requirements to further promote and enable 
nationwide interoperability among public safety broadband networks 
operating in the 700 MHz band. This document addresses public safety 
broadband network interoperability from a technological perspective and 
considers interoperability at various communication layers.

DATES: Submit comments on or before April 11, 2011. Submit reply 
comments on or before May 10, 2011.

ADDRESSES: You may submit comments, identified by PS Docket No. 06-229, 
WT Docket 06-150 and WP Docket 07-100, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.fcc.gov. Follow the 
instructions for submitting comments in the Electronic Comment Filing 
System, http://www.fcc.gov/cgb/ecfs/.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail): Address to 9300 East Hampton Drive, 
Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail: Address to FCC Headquarters, 445 12th Street, SW., Washington DC 
20554.
     Hand Delivery/Courier: FCC Headquarters at 445 12th St., 
SW., Room TW-A325, Washington, DC 20554.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION of this document.

FOR FURTHER INFORMATION CONTACT: Jennifer Manner, Federal 
Communications Commission, Public Safety and Homeland Security Bureau, 
at (202)-418-3619.

[[Page 10296]]


SUPPLEMENTARY INFORMATION: In the Fourth Further Notice of Proposed 
Rulemaking, FCC 11-6, adopted January 25, 2011, and released January 
26, 2011, the Commission sought comment on an initial technical 
framework for public safety broadband network interoperability. The 
proposed framework would encompass technical rules for the network; 
public safety roaming on public safety networks; federal use of the 
network; testing and verification to ensure interoperability; and other 
matters relevant to ensuring the interoperability of the network. This 
full text of this document is available at http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0204/FCC-11-6A1.pdf.
    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 indicated on the first page of this 
document. 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 24121 (1998).
 Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or 
the Federal eRulemaking Portal: http://www.regulations.gov.
 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. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.

     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
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.
    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).

Procedural Matters

Paperwork Reduction Act

    The Fourth Further Notice of Proposed Rulemaking contains proposed 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. The Commission, as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA),\1\ the 
Commission has prepared this present Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on small 
entities by the policies and rules proposed in this Fourth Further 
Notice of Proposed Rule Making (Fourth Further NPRM). 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 
provided herein. The Commission will send a copy of the Fourth Further 
NPRM, including this IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA).\2\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract With America Advancement Act of 1996, 
Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA).
    \2\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Proposed Rules

    The rules proposed in the Fourth Further NPRM are necessary to 
ensure the interoperability of 700 MHz public safety broadband networks 
that are expected to be deployed in the near term. The proposed rules 
create technical requirements designed to ensure that public safety 
broadband networks are technically and operationally compatible, so 
that public safety personnel from various jurisdictions and departments 
are able to communicate effectively over these networks.
    The Fourth Further NPRM proposes changes to part 90 of the rules. 
Specifically, it proposes to:
    (1) Develop a regulatory and operational framework for roaming from 
one public safety broadband network to another.
    (2) Require that public safety broadband networks meet certain 
technical requirements designed to ensure that networks are technically 
interoperable or compatible.
    (3) Require that public safety broadband networks meet additional 
requirements designed to ensure that networks achieve a baseline of 
operability necessary to support interoperable communications.
    (4) Require public safety broadband network operators to complete 
testing for equipment and user devices operated on their networks to 
ensure conformance with relevant technical standards and ensure 
interoperability between networks.
    (5) Make additional minor edits to part 90.

B. Legal Basis

    The proposed action is authorized under sections 1, 2, 4(i), 5(c), 
7, 10, 201, 202, 208, 214, 301, 302, 303, 307, 308, 309, 310, 311, 314, 
316, 319, 324, 332, 333, 336, 337, 614, 615, and 710 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
155(c), 157, 160, 201, 202, 208, 214, 301, 302, 303, 307, 308, 309, 
310, 311, 314, 316, 319, 324, 332, 333, 336, 337, 614, 615 and 710.

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

    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.\3\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \4\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\5\ A small business concern

[[Page 10297]]

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 SBA.\6\
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    \3\ 5 U.S.C. 603(b)(3).
    \4\ 5 U.S.C. 601(6).
    \5\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \6\ Small Business Act, 15 U.S.C. 632 (1996).
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    The proposed requirements of the Fourth Further NPRM would apply to 
public safety entities granted authority from the Commission to pursue 
deployment of public safety broadband networks within their 
jurisdictions.
    The term ``small governmental jurisdiction'' is defined generally 
as ``governments of cities, towns, townships, villages, school 
districts, or special districts, with a population of less than fifty 
thousand.'' \7\ Census Bureau data for 2002 indicate that there were 
87,525 local governmental jurisdictions in the United States.\8\ We 
estimate that, of this total, 84,377 entities were ``small governmental 
jurisdictions.'' \9\ Thus, we estimate that most governmental 
jurisdictions are small.
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    \7\ 5 U.S.C. 601(5).
    \8\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2006, Section 8, p. 272, Table 415.
    \9\ We assume that the villages, school districts, and special 
districts are small, and total 48,558. See U.S. Census Bureau, 
Statistical Abstract of the United States: 2006, section 8, p. 273, 
Table 417. For 2002, Census Bureau data indicate that the total 
number of county, municipal, and township governments nationwide was 
38,967, of which 35,819 were small. Id.
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    We anticipate, however, that the vast majority of small 
governmental jurisdictions will not be directly authorized to serve as 
operators of their own 700 MHz public safety broadband networks. 
Rather, we anticipate that such entities will operate primarily under 
authority granted to larger regional, tribal or national entities to 
serve as public safety broadband network operators.\10\ Accordingly, we 
anticipate that the proposed requirements that apply directly to public 
safety network operators are unlikely to directly affect a substantial 
number of small entities.
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    \10\ We note that none of the twenty-one jurisdictions that 
applied for and were granted conditional waivers for early public 
safety broadband network deployment, except one, would qualify as 
``small governmental jurisdictions.'' See 5 U.S.C. 601(5); see also 
Requests for Waiver of Various Petitioners to Allow the 
Establishment of 700 MHz Interoperable Public Safety Wireless 
Broadband Networks, PS Docket 06-229, Order, 25 FCC Rcd 5145, 5147 
(2010) (Waiver Order).
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The Fourth Further NPRM proposes rule changes that will affect 
reporting, recordkeeping and other compliance requirements. Each of 
these changes is described below.
    The Fourth Further NPRM, proposes to require public safety 
broadband networks to support roaming from users of other public safety 
broadband networks. This would require network operators to provide 
technical roaming capability within their networks and to support of 
minimum set of user applications.
    The Fourth Further NPRM proposes to require public safety broadband 
networks to support seamless handover within the network's coverage 
region. This would require network operators to implement the technical 
capability to support this feature within their networks.
    The Fourth Further NPRM proposes to require public safety broadband 
networks to adhere to a specified out-of-band-emissions requirement. 
This would require to public safety network operators to incorporate 
the proposed out-of-band-emissions requirement into the planning and 
design of their networks.
    The Fourth Further NPRM proposes to require public safety broadband 
networks to support a minimum set of applications, namely (1) Internet 
access; (2) Virtual Private Network (VPN) access to any authorized site 
and to home networks; (3) a status or information ``homepage;'' (4) 
provision of network access for users under the Incident Command 
System; and (5) field-based server applications. This would require 
public safety network operators to implement the technical capability 
to support these applications on their networks.
    The Fourth Further NPRM proposes to require public safety broadband 
network to meet performance requirements, namely that they provide 
outdoor coverage at minimum data rates 768 kbps downlink and 256 kbps 
uplink, for all types of devices, for a single user at the cell edge. 
Public safety network operators would need to incorporate these 
requirements into the planning and design of their networks. Public 
safety network operators would also be required to certify to the 
Public Safety and Homeland Security Bureau their compliance with these 
performance requirements. These certifications would need to be based 
on a representation of the actual ``as-built'' network and be 
accompanied by uplink and downlink data rate plots that map specific 
performance levels.
    The Fourth Further NPRM proposes to require public safety broadband 
networks to support specified security features, namely (1) The LTE 
signaling layer security features over the Radio Resource Control (RRC) 
protocol layer (UE and eNodeB); (2) EPC signaling layer security 
features over the Non Access Stratum (NAS) protocol layer (UE and MME); 
(3) and user data/control layer security features over the Packet Data 
Convergence Sublayer (PDCP) protocol layer (UE and eNodeB).
    The Fourth Further NPRM proposes to require public safety broadband 
networks to meet coverage and coverage reliability requirements. 
Specifically, it proposes to require public safety broadband networks 
to provide outdoor coverage reliability at a probability of coverage of 
95 percent for all services and applications throughout the network. 
Public safety network operators would need to incorporate this 
requirement into the planning and design of their networks.
    The Fourth Further NPRM proposes to require each public safety 
broadband network operator to notify adjacent or bordering 
jurisdictions prior to deployment, and to allow adjacent or bordering 
jurisdictions the opportunity to negotiate a formal coordination 
agreement with the deploying jurisdiction. Any formal written 
agreements would be required to be submitted to the Bureau.
    The Fourth Further NPRM proposes to require public safety broadband 
network operators to complete conformance testing for the devices used 
on their network after a testing process for LTE devices operating in 
the public safety broadband spectrum becomes available. Public safety 
network operators would also be required to certify to the Commission 
their completion of conformance testing.
    The Fourth Further NPRM proposes to require public safety broadband 
network operators to submit plans for completing interoperability 
testing with other public safety broadband networks. The scope of the 
testing called for in a network operator's plan would be required to be 
sufficiently broad to address all LTE capabilities and functions 
required for public safety broadband waiver recipients. Public safety 
network operators would also be required to certify their performance 
of such testing in accordance with their approved plans.
    The Fourth Further NPRM proposes to require that public safety LTE 
devices support, at minimum, a five megahertz channel bandwidth. This 
requirement

[[Page 10298]]

would need to be taken into account when designing or purchasing 
devices for use on public safety broadband networks.

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

    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.
    The proposed requirements of the Fourth Further NPRM are designed 
to ensure that public safety broadband networks achieve a baseline of 
operability and nationwide interoperability. In developing these 
proposed requirements, the Commission has made significant efforts to 
ensure that the requirements imposed are the minimum necessary to 
ensure that public safety broadband networks are truly interoperable. 
As an alternative to its proposed approach, the Commission could have 
proposed more detailed and burdensome conditions on the design and 
implementation of these networks. The proposed rules seek to balance 
the need for flexibility in network design, cost, and implementation 
with the demands of nationwide interoperability.
    The establishment of differing compliance or reporting requirements 
for small entities would frustrate the goal of achieving nationwide 
interoperability. Given the importance of ensuring that public safety 
broadband networks are technically and operationally compatible, it is 
important that each network is subject to a comparable set of rules and 
requirements.

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

    None.

Ordering Clauses

    Pursuant to sections 1, 2, 4(i), 5(c), 7, 10, 201, 202, 208, 214, 
301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332, 333, 
336, 337, 614, 615, and 710 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i), 155(c), 157, 160, 201, 202, 208, 
214, 301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332, 
333, 336, and 337, the Fourth Further Notice of Proposed Rulemaking in 
PS Docket No. 06-229 is adopted. The Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Fourth Further Notice of Proposed Rulemaking, including the 
Initial Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Business and industry, Civil 
defense, Common carriers, Communications equipment, Emergency medical 
services, Individuals with disabilities, Radio, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

    1. 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), and 332(c)(7) unless otherwise noted.

    2. Section 90.7 is amended by adding the following definitions, 
Field-Based Server Applications, Incident Command System, Internet 
Access, Interoperability, Interoperability Testing, Public Safety 
Narrowband Operator, Roamer, Status or Information Homepage and Virtual 
Private Network Access to read as follows:


Sec.  90.7  Definitions.

* * * * *
    Field-Based Server Applications. Applications that require client 
devices to consistently and continuously reach server-based systems 
from any other location (i.e., field locations) on the Internet.
* * * * *
    Incident Command System. A standardized, on-scene, all-hazards 
incident management approach that allows for the integration of 
facilities, equipment, personnel, procedures, and communications 
operating within a common organizational structure; enables a 
coordinated response among various jurisdictions and functional 
agencies, both public and private; and establishes common processes for 
planning and managing resources.
* * * * *
    Internet Access. Access to the global internet.
* * * * *
    Interoperability. The ability of public safety agencies to 
communicate with one another via radio communications systems--to 
exchange voice and/or data with one another on demand, in real time, 
when needed and when authorized.
    Interoperability Testing. Testing to ensure interoperability 
between or among public safety broadband networks.
* * * * *
    Public Safety Narrowband Operator. A Public Safety Narrowband 
Operator is a public safety entity that is authorized to operate and 
has deployed narrowband operations within the 763-769 MHz and 793-799 
MHz bands.
* * * * *
    Roamer. A mobile station receiving service from a station or system 
in the public safety broadband network other than one to which it is a 
subscriber.
* * * * *
    Status or Information Homepage. A method by which the operator of a 
host network provides roamers access to and distribution of available 
applications, alerts, incident-specific information, system status 
information, and information that the operator deems important to share 
with roamers on its system.
* * * * *
    Virtual Private Network Access. Access to a network, such as a 
roamer's home network, through use of a Virtual Private Network 
connection.
    3. Section 90.1407 is amended by adding and reserving paragraphs 
(d) and (e) and adding paragraphs (f) through (j) to read as follows:


Sec.  90.1407  Spectrum Use in the Network

* * * * *
    (d) [Reserved]
    (e) [Reserved]
    (f) Public Safety Broadband Network Operators must submit to the 
Chief of the Public Safety and Homeland Security Bureau the following 
certifications:
    (1) Prior to deployment of any Radio Access Network equipment, a 
certification that it will be in compliance with paragraph (e) of this 
section as of the date its network achieves service availability.
    (2) Prior to deployment of any Radio Access Network equipment, a 
certification that it has performed

[[Page 10299]]

interoperability testing on the following 3GPP LTE interfaces: Uu--LTE 
air interface, S6a--Visited MME to Home HSS, S8--Visited SGW to Home 
PGW and S9--Visited PCRF to Home PCRF for dynamic policy arbitration.
    (3) Within thirty days of the date its network achieves service 
availability, a certification that its network can provide a minimum 
outdoor data rate of 256 Kbps uplink and 768 Kbps downlink for all 
types of devices, per single user at the cell edge.
    (4) Six months following the release of a public notice announcing 
the availability of the PTCRB testing process for 3GPP LTE Band Class 
14, a certification that the devices in use on its network have gone 
through and completed this process.
    (g) Out of Band Emissions: Public Safety Broadband Network 
Operators must adhere to the following limitations on out of band 
emissions:
    (1) On any frequency outside the 763-768 MHz band, the power of any 
emission shall be attenuated outside the band below the transmitter 
power (P) by at least 43 + 10 log (P) dB.
    (2) On any frequency outside the 793-798 MHz band, the power of any 
emission shall be attenuated outside the band below the transmitter 
power (P) by at least 43 + 10 log (P) dB.
    (h) Public Safety Broadband Network Operators must support the 
following applications: Internet access; Virtual Private Network 
access; a status or information ``homepage;'' access for users to the 
Incident Command System; and field-based server applications.
    (i) Public Safety Broadband Network Operators must support LTE 
signaling layer security features over the Radio Resource Control (RRC) 
protocol layer (UE and eNodeB); EPC signaling layer security features 
over the Non-Access Stratum (NAS) protocol layer (UE and MME); and user 
data/control layer security features over the Packet Data Convergence 
Sublayer (PDCP) protocol layer (UE and eNodeB).
    (j) Interference Mitigation. Ninety days prior to the deployment of 
any Radio Access Network equipment, a Public Safety Broadband Network 
Operator must provide notice to all adjacent or bordering jurisdictions 
of its plans for deployment. Any notified jurisdiction may then 
request, in writing, the opportunity to enter a written frequency 
coordination agreement with the operator.
    (1) Any such agreement, or modification to such agreement, must be 
submitted to the Public Safety and Homeland Security Bureau within 30 
days of its execution.
    (2) If parties are unable to execute an agreement within ninety 
days of the date a request is made, the parties may submit the dispute 
to the Bureau for resolution.
    4. Add Sec.  90.1409 to read as follows:


Sec.  90.1409  Protection of Incumbent Narrowband Operations

    (a) Ninety days prior to the deployment of any Radio Access Network 
equipment, a Public Safety Broadband Network Operator must provide 
notice to any incumbent Public Safety Narrowband Operator within its 
proposed area of operation or in any adjacent or bordering 
jurisdictions of its plans for deployment. Such notice shall identify:
    (1) The geographic borders within which the Public Safety Broadband 
Network Operator intends to operate;
    (2) Any geographic overlap; and
    (3) The proposed method of interference mitigation or notice of 
their intent to relocate the incumbent Public Safety Narrowband 
Operator.
    (b) Any notified jurisdiction shall respond to a notification under 
paragraph (a) of this section within 60 days. Such response shall 
identify:
    (1) The jurisdictions consent to any proposed interference 
mitigation or relocation proposal, and any counterproposals; and/or
    (2) Specific objections to any element of the notification.
    (c) The Public Safety Broadband Network Operator and Public Safety 
Narrowband Operator shall memorialize such agreements in writing. These 
agreements, or modification to such agreement, must be submitted to the 
Public Safety and Homeland Security Bureau within 30 days of its 
execution.
    (d) Any jurisdictions failing to resolve any disputes within 90 
days following a response under paragraph (b) of this section may 
submit the dispute to the Bureau for resolution.

[FR Doc. 2011-4058 Filed 2-23-11; 8:45 am]
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