[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28797-28798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11781]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 12 and 90

[DA 11-1838]


Redundancy of Communications Systems: Backup Power Private Land 
Mobile Radio Services: Selection and Assignment of Frequencies, and 
Transition of the Upper 200 Channels in the 800 MHz Band to EA 
Licensing

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Federal Communications Commission's 
(Commission) Public Safety and Homeland Security Bureau (Bureau) and 
Office of Managing Director (OMD) make nonsubstantive, editorial 
revisions to the Commission's rules. The Bureau and OMD make these 
revisions to delete certain rule provisions that are without current 
legal effect and obsolete. These nonsubstantive revisions are part of 
the Commission's ongoing examination and improvement of its processes 
and procedures. The revisions and the specific reasons for each one are 
set forth below.

DATES: Effective May 16, 2012.

FOR FURTHER INFORMATION CONTACT: Eric Ehrenreich, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, at (202) 418-
1726, or by email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau and OMD's 
Order, DA 11-1838, adopted and released on November 1, 2011. The full

[[Page 28798]]

text of this document is available for inspection and copying during 
normal business hours in the FCC Reference Center (Room CY-A257), 445 
12th Street SW., Washington, DC 20554. The complete text of this 
document also may be purchased from the Commission's copy contractor, 
Best Copy and Printing, Inc., 445 12th Street SW., Room, CY-B402, 
Washington, DC 20554. The full text may also be downloaded at: 
www.fcc.gov.
    1. This Order deletes a rule setting forth backup power 
requirements for communications providers. This rule never took effect 
and ultimately was vacated in its entirety by the U.S. Court of Appeals 
for the District of Columbia (DC Circuit). The rule, 47 CFR 12.2, is 
therefore without current legal effect and is deleted as obsolete.
    2. This Order also deletes a rule providing that UHF television 
translators on Channels 70 to 83 must operate on a secondary basis to 
land mobile operations in the 800 MHz band and will not be protected 
from such operations. There are no UHF television translators operating 
on Channels 70 to 83, and the Commission has eliminated the TV 
allocation from these channels. Accordingly, this rule provision, 47 
CFR 90.621(d), is without current legal effect and is deleted as 
obsolete.
    3. This Order also deletes a provision that allocates specified 
channels for Basic Exchange Telecommunication Radio Service (BETRS) but 
expressly cautions that a pending FCC proposal could remove this 
allocation from these channels. The Commission removed the allocation 
in 2005. Accordingly, this provision, 47 CFR 90.621(h), is without 
current legal effect and is deleted as obsolete.
    4. This Order also deletes rule provisions that provided a 
framework for the relocation of incumbent site-based licensees in the 
upper 200 channels of the 800 MHz Band by incoming geographically-based 
(EA) licensees. These provisions were a component of the 1995 
reconfiguration of the 800 MHz band from site-based to geographic-based 
service that has since been completed. Accordingly, these provisions, 
47 CFR 90.699(a)-(c), (e)-(f), are without current legal effect and are 
deleted as obsolete.

I. Procedural Matters

A. Accessible Formats

    5. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

B. Paperwork Reduction Act Analysis

    6. The rules contained herein have been analyzed with respect to 
the Paperwork Reduction Act of 1995 and found to contain no new or 
modified form, information collection, and/or recordkeeping, labeling, 
disclosure, or record retention requirements, and will not increase or 
decrease burden hours imposed on the public. In addition, therefore, 
this Order 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.

C. Congressional Review Act

    7. The Commission will send a copy of this Order in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act (``CRA''), see 5 U.S.C. 801(a)(1)(A).

D. Effective Date of Rule

    8. The rule amendments adopted in this Order and set forth in the 
attached Appendix are ministerial, nonsubstantive, editorial revisions 
of the rules under 47 CFR 0.231(b) and 0.392(e). The revisions adopted 
in this Order merely delete obsolete rule provisions and the Bureau and 
OMD find good cause to conclude that notice and comment procedures are 
unnecessary and would not serve any useful purpose. See 5 U.S.C. 
553(b)(3)(B). Because the rules being deleted are obsolete and without 
current legal effect, the Bureau and OMD also find good cause to make 
these nonsubstantive, editorial revisions of the rules effective upon 
publication in the Federal Register. See 5 U.S.C. 553(d)(3).

II. Final Regulatory Flexibility Analysis

    9. Because this Order is being adopted without notice and comment, 
the Regulatory Flexibility Act, 5 U.S.C. 601  et seq., does not apply.

III. Ordering Clauses

    10. Accordingly, it is ordered that, effective upon publication in 
the Federal Register, Parts 12 and 90 of the Commission's rules are 
amended, as set forth, pursuant to the authority contained in sections 
4(i), 5(c) and 303(r) of the Communications Act, 47 U.S.C. 154(i), 
155(c) and 303(r), and Sec. Sec.  0.231(b) and 0.392(e) of the 
Commission's regulations, 47 CFR 0.231(b) and 0.392(e).
    11. It is further ordered that the Secretary shall cause a copy of 
this Order to be published in the Federal Register.

List of Subjects in 47 CFR Parts 12 and 90

    Communications, Communications common carriers, Communications 
equipment, Radio, Telecommunications, Telephone, Television.

Federal Communications Commission.
Thomas J. Beers,
Division Chief.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 12 and 90 to read as 
follows:

PART 12--REDUNDANCY OF COMMUNICATIONS SYSTEMS

0
1. The authority citation for part 12 continues to read as follows:

    Authority: Sections 1, 4(i), 4(j), 4(o), 5(c), 218, 219, 301, 
303(g), 303(j), 303(r), 332, 403, 621(b)(3), and 621(d) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 
154(j), 154(o), 155(c), 218, 219, 301, 303(g), 303(j), 303(r), 332, 
403, 621(b)(3), and 621(d), unless otherwise noted.


Sec.  12.2  [Removed]

0
2. Remove Sec.  12.2.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
3. 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).


Sec.  90.621  [Amended]

0
4. In Sec.  90.621, remove and reserve paragraphs (d) and (h).


Sec.  90.699  [Amended]

0
5. In Sec.  90.699, remove and reserve paragraphs (a) through (c), (e) 
and (f).

[FR Doc. 2012-11781 Filed 5-15-12; 8:45 am]
BILLING CODE 6712-01-P