[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Rules and Regulations]
[Page 62309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26023]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[PS Docket No. 06-229; WT Docket 06-150; WP Docket 07-100; FCC 11-113]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Commission considered a request for 
declaratory ruling filed by the City of Charlotte, North Carolina, 
seeking guidance on the scope of permissible operations under section 
337 of the Communications Act as undertaken by state, local and other 
governmental entities in the public safety broadband spectrum of the 
700 MHz band. The Commission dismissed the request, but clarified that 
a reasonably broad interpretation of the definition of ``public safety 
services'' under section 337 of the Act would allow some of the uses 
proposed by Charlotte and other commenters.

DATES: Effective October 7, 2011.

FOR FURTHER INFORMATION CONTACT: Jennifer Manner, Federal 
Communications Commission, Public Safety and Homeland Security Bureau, 
445 12th Street, SW., Room 7-C761, Washington, DC 20554. Telephone: 
(202)-418-3619, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth 
Report and Order, FCC 11-113, adopted July 20, 2011, and released July 
21, 2011. The Fourth Report and Order is available at http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0721/FCC-11-113A1.pdf.

Summary of Fourth Report and Order

    The Commission considered a request for declaratory ruling filed by 
the City of Charlotte, North Carolina (Charlotte), requesting that the 
Commission clarify that ``[t]erritories, possessions, states, counties, 
towns or similar State or local governmental entities that qualify as 
700 MHz lessees/users have as their sole or principal purpose the 
protection of the safety of life, health and property and are permitted 
to use 700 MHz broadband spectrum for activities conducted by their 
personnel including, but not limited to, activities of police, fire and 
medical emergency first responders.'' The Commission determined that 
the plain language of section 337 of the Communications Act does not 
support this broad presumption, and it accordingly dismissed 
Charlotte's request. The Commission clarified, however, that there is 
sufficient flexibility within section 337 to encompass many of the 
state and local government uses of the spectrum contemplated by 
Charlotte and by other commenters.

Regulatory Flexibility Act

    This Fourth Report and Order does not promulgate any ``rule'' as 
that term is defined in the Regulatory Flexibility Act, 5 U.S.C. 601(2) 
et. seq., so the Commission is not required to prepare a Final 
Regulatory Flexibility Analysis at this stage of this proceeding.

Paperwork Reduction Act Analysis

    The Fourth Report and Order contains no new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. The Commission shall send a copy of the 
Fourth Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-26023 Filed 10-6-11; 8:45 am]
BILLING CODE 6712-01-P