[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Proposed Rules]
[Pages 52633-52636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21450]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[WT Docket No. 02-55; DA 12-1343]
Public Safety and Homeland Security Bureau Seeks Comment on Post-
Reconfiguration 800 MHz Band Plan Along the U.S.-Mexico Border
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document seeks comment on post-reconfiguration 800 MHz
band channel plans along the U.S.-Mexico border. The Public Safety and
Homeland Security Bureau (Bureau), by this action, affords interested
parties an opportunity to submit comments and reply comments on
proposals for establishing and implementing reconfigured 800 MHz
channel plans along the U.S.-Mexico border.
DATES: Comments are due on or before October 1, 2012 and reply comments
are due on or before October 15, 2012.
ADDRESSES: You may submit comments, identified by WT Docket 02-55, by
any of the following methods:
Federal Communications Commission's Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format
[[Page 52634]]
documents, sign language interpreters, CART, etc.) by email:
[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: Brian Marenco, Policy and Licensing
Division, Public Safety and Homeland Security Bureau, (202) 418-0838.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fourth
Further Notice of Proposed Rulemaking, DA 12-1343, released on August
17, 2012. The document is available for download at http://fjallfoss.fcc.gov/edocs_public/. The complete text may also be
purchased from the Commission's copy contractor, Best Copy and
Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402,
Washington, DC 20554, telephone 1-800-378-3160, or via email to
[email protected].
Summary
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. However, the Commission deferred consideration of
band reconfiguration plans for the border areas, noting that
``implementing the band plan in areas of the United States bordering
Mexico and Canada will require modifications to international
agreements for use of the 800 MHz band in the border areas.'' The
Commission stated that ``the details of the border plans will be
determined in our ongoing discussions with the Mexican and Canadian
governments.''
2. In a Second Memorandum Opinion and Order, adopted in May 2007,
the Commission delegated authority to Public Safety and Homeland
Security Bureau to propose and adopt border area band plans once
agreements are reached with Canada and Mexico, 72 FR 39756, July 20,
2007. Specifically, the Commission noted that ``once those discussions
are completed, and any necessary modifications to our international
agreements have been made, we will need to amend our rules to implement
the agreements and identify the portions of the 800 MHz band that will
be available to U.S. licensees on a primary basis. In addition, we will
need to adopt a band plan for the border regions that specifies the
ESMR and non-ESMR portions of the band and the distribution of channels
to public safety, B/ILT, and SMR licensees.''
3. On June 8, 2012, the United States and Mexico signed an
agreement modifying the international apportionment of 800 MHz spectrum
in the U.S.-Mexico border region, which enables the U.S. to proceed
with 800 MHz band reconfiguration along the U.S.-Mexico border. In the
Fourth Further Notice of Proposed Rulemaking, the Public Safety and
Homeland Security Bureau, on delegated authority, seeks comment on
proposals for establishing and implementing reconfigured 800 MHz
channel plans along the U.S.-Mexico border.
4. Pursuant to Sec. Sec. 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. All filings related to this Fourth Further Notice of
Proposed Rulemaking (Fourth FNPRM) 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 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers
should follow the instructions provided on the Web site for submitting
comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy 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.
5. 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 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes 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.
6. Interested parties may view documents filed in this proceeding
on the Commission's Electronic Comment Filing System (ECFS) using the
following steps: (1) Access ECFS at http://www.fcc.gov/cgb/ecfs. (2) In
the introductory screen, click on ``Search for Filed Comments.'' (3) In
the ``Proceeding'' box, enter the numerals in the docket number. (4)
Click on the box marked ``Retrieve Document List.'' A link to each
document is provided in the document list. The public may inspect and
copy filings and comments during regular business hours at the FCC
Reference Information Center, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. The public may also purchase filings and comments
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 12th Street SW., Room CY-B402, Washington, DC
20554, telephone 1-800-378-3160, or via email to [email protected]. The
public may also download this Fourth Further Notice of Proposed
Rulemaking from the Commission's web site at http://www.fcc.gov/.
7. People with Disabilities: 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).
8. Commenters who file information that they believe should be
withheld from public inspection may request confidential treatment
pursuant to Section 0.459 of the Commission's rules. Commenters should
file both their original comments for which they request
confidentiality and redacted comments, along with their request for
confidential treatment. Commenters should not file proprietary
information electronically. See Examination of Current Policy
Concerning the Treatment of Confidential Information Submitted to the
Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants
confidential treatment, information that does not fall within a
specific exemption pursuant to the Freedom of Information Act (FOIA)
must be publicly disclosed pursuant to
[[Page 52635]]
an appropriate request. See 47 CFR 0.461; 5 U.S.C. 552. We note that
the Commission may grant requests for confidential treatment either
conditionally or unconditionally. As such, we note that the Commission
has the discretion to release information on public interest grounds
that does fall within the scope of a FOIA exemption.
9. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. Persons
making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Procedural Matters
A. Initial Regulatory Flexibility Analysis
10. Pursuant to the Regulatory Flexibility Act (RFA), the Federal
Communications Commission's Public Safety and Homeland Security Bureau
(Bureau) has prepared an Initial Regulatory Flexibility Analysis (IRFA)
of the possible significant economic impact on small entities by the
proposals considered in this Fourth 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 Fourth 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 Fourth FNPRM, including the
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration.
B. Initial Paperwork Reduction Act of 1995 Analysis
11. This document proposes no additional information collection(s)
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13
beyond those already approved for this proceeding. See OMB Control No.
3060-1080 for Improving Public Safety Communications in the 800 MHz
Band (exp. September 30, 2014). Therefore, it contains no 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
12. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission's Public Safety
and Homeland Security Bureau (Bureau) has prepared this 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 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 Fourth FNPRM. The Commission will
send a copy of this Fourth FNPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration (SBA). In
addition, the Fourth FNPRM and IRFA (or summaries thereof) will be
published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
13. In the Fourth FNPRM, the Bureau proposes channels plans for
reconfiguring the 800 MHz band along the U.S.-Mexico border. The
channel plans we propose in the Fourth FNPRM will be incorporated into
the Commission's rules and are needed to implement and complete the
Commission's band reconfiguration program along the U.S.-Mexico border.
The Commission ordered reconfiguration of the 800 MHz band to address
an ongoing nationwide problem of interference created by a
fundamentally incompatible mix of technologies in the band. The
Commission resolves the interference by reconfiguring the band to
spectrally separate incompatible technologies. The Commission delegated
authority to the Bureau in May 2007 to propose and adopt channel plans
for implementing band reconfiguration along the U.S.-Mexico border. The
band plans we propose in the Fourth FNPRM will separate incompatible
technologies along the U.S.-Mexico border and thus resolve the ongoing
interference problem in that region.
B. Legal Basis
14. The proposed action is authorized under Sections 4(i), 301,
302, 303(e), 303(f), 303(r), 304 and 307 of the Communications Act of
1934, as amended, 47 U.S.C. Sections 154(i), 301, 302, 303(e), 303(f),
303(r), 304 and 307.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
15. 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. 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 SBA. Pursuant to 5
U.S.C. 601(3), 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.'' Below, we further describe and
estimate the number of small entities that may be affected by the rules
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changes proposed in this Fourth FNPRM.
16. Private Land Mobile Radio Licensees (PLMR). PLMR systems serve
an essential role in a range of industrial, business, land
transportation, and public safety activities. These radios are used by
entities of all sizes operating in all U.S. business and public sector
categories, and are often used in support of the licensee's primary
(non-telecommunications) operations. For the purpose of determining
whether a licensee of a PLMR system is a small entity as defined by the
SBA, we use the broad census category, Wireless Telecommunications
Carriers (except Satellite). This definition provides that a small
entity is any such entity employing no more than 1,500 persons. The
Commission does not require PLMR licensees to disclose information
about number of employees, so the Commission does not have information
that could be used to determine how many PLMR licensees constitute
small entities under this definition. We note that PLMR licensees
generally use the licensed facilities in support of other business and
governmental activities, and therefore, it would also be helpful to
assess PLMR licensees under the standards applied to the particular
industry subsector to which the licensee belongs.
17. As of May 2012, there were approximately 220 PLMR licensees
operating in the PLMR band between 806-824/851-869 MHz along the U.S.--
Mexico border. We note that many government and commercial actors are
eligible to hold a PLMR license, and that any revised rules in this
context could therefore potentially impact small entities covering a
great variety of industries.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
18. The Fourth FNPRM does not propose a rule that will entail
additional reporting, recordkeeping, and/or third-party consultation or
other compliance efforts beyond those already approved for this
proceeding. See OMB Control No. 3060-1080 for Improving Public Safety
Communications in the 800 MHz Band (exp. September 30, 2014).
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
19. 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.
20. The Fourth FNPRM will create no significant economic impact on
small entities because Sprint Nextel Corporation will pay all
reasonable costs associated with retuning incumbent licensees to the
post-reconfiguration channel plans proposed by the Bureau. Further,
once the channel plans proposed in the Fourth FNPRM are implemented,
licensees will no longer be subject to on-going interference in the
band and will therefore save costs that would otherwise be associated
with resolving interference. Finally, the Bureau specifically seeks
comment on alternatives to the proposed channel plans it proposes and
will consider such alternatives as may be recommended in comments to
the Fourth FNPRM.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
21. None.
Ordering Clauses
22. 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 this Fourth Further Notice of Proposed Rulemaking is adopted.
23. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Fourth Further Notice of Proposed Rulemaking, including
the Initial Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
Federal Communications Commission.
David S. Turetsky,
Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2012-21450 Filed 8-29-12; 8:45 am]
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