[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Proposed Rules]
[Pages 24138-24147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08811]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 27 and 90

[PS Docket No. 12-94; PS Docket No. 06-229; and WT Docket No. 06-150; 
FCC 13-31]


Implementing Public Safety Broadband Provisions of the Middle 
Class Tax Relief and Job Creation Act of 2012

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) sought comment on certain proposals to implement 
provisions of the Middle Class Tax Relief and Job Creation Act of 2012 
(Public Safety Spectrum Act) governing deployment of a nationwide 
public safety broadband network in the 700 MHz band under a nationwide 
license issued to the First Responder Network Authority (FirstNet). In 
particular, the Commission considered the adoption of initial rules to 
protect against harmful radio frequency interference in the spectrum 
designated for public safety services, as well as other matters related 
to FirstNet's license and to facilitating the transition directed under 
the Public Safety Spectrum Act. The proposals considered in the 
document are intended to provide a solid foundation for FirstNet's 
operations, taking into account FirstNet's need for flexibility in 
carrying out its statutory duties under the Public Safety Spectrum Act 
to establish a nationwide public safety broadband network.

DATES: Submit comments on or before May 24, 2013. Submit reply comments 
on or before June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Gene Fullano, Federal Communications 
Commission, Public Safety and Homeland Security Bureau, 445 12th Street 
SW., Room 7-C747, Washington, DC 20554. Telephone: (202)-418-0492, 
email: [email protected].

SUPPLEMENTARY INFORMATION: In the Notice of Proposed Rulemaking (NPRM), 
FCC 13-31, adopted March 7, 2013, and released March 8, 2013, the 
Commission seeks comment on certain proposals to implement provisions 
of the Middle Class Tax Relief and Job Creation Act of 2012 (``Public 
Safety Spectrum Act'' or ``Act'') \1\ governing deployment of a 
nationwide public safety broadband network in the 700 MHz band under a 
nationwide license issued to the FirstNet. The NPRM addresses technical 
service rules for the new public safety broadband network to be 
established pursuant to the Public Safety Spectrum Act. It then 
considers the Commission's statutory responsibilities as they relate to 
oversight of FirstNet. Finally, it addresses different classes of 
incumbents now occupying portions of the spectrum licensed to FirstNet. 
These proposals are based on the Commission's established authority 
under the Communications Act to regulate use of the spectrum consistent 
with the public interest, convenience and necessity, including the 
authority to prescribe power limits and prevent interference between 
stations licensed by the Commission,\2\ as well as its licensing 
authority over FirstNet provided by the Public Safety Spectrum Act,\3\ 
and its authority under that Act ``to take all actions necessary to 
facilitate the transition'' of the existing public safety broadband 
spectrum to FirstNet.
---------------------------------------------------------------------------

    \1\ See Middle Class Tax Relief and Job Creation Act of 2012, 
Public Law 112-96, 126 Stat. 156 (2012).
    \2\ See, e.g., 47 U.S.C. 303(c), 303(e)-(g), 303(r), 337(d). See 
also id. sec. 151, 154(i).
    \3\ See Public Safety Spectrum Act 6201(a)-(b).

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

[[Page 24139]]

    The Notice of Proposed Rulemaking is available at http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0308/FCC-13-31A1.pdf.

Procedural Matters

Paperwork Reduction Act

    The Notice of Proposed Rulemaking 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)INITIAL

Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA),\4\ 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 Notice of Proposed 
Rulemaking (Notice). 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 in this NPRM. The 
Commission will send a copy of this Notice, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration 
(SBA).\5\ In addition, the NPRM and IRFA (or summaries thereof) will be 
published in the Federal Register.\6\
---------------------------------------------------------------------------

    \4\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. Sec.  601 et. seq., 
has been amended by the Contract With America Advancement Act of 
1996, Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of 
the CWAAA is the Small Business Regulatory Enforcement Fairness Act 
of 1996 (SBREFA).
    \5\ See 5 U.S.C. 603(a).
    \6\ See id.
---------------------------------------------------------------------------

A. Need for, and Objectives of, the Proposed Rules

    The Notice of Proposed Rulemaking (NPRM) seeks comment on proposals 
to implement provisions of the Middle Class Tax Relief and Job Creation 
Act of 2012 (``Public Safety Spectrum Act'' or ``Act'') \7\ governing 
deployment of a nationwide public safety broadband network in the 700 
MHz band.
---------------------------------------------------------------------------

    \7\ Middle Class Tax Relief and Job Creation Act of 2012, Public 
Law 112-96, 126 Stat. 156 (2012).
---------------------------------------------------------------------------

    The Public Safety Spectrum Act establishes the First Responder 
Network Authority (FirstNet) to oversee the construction and operation 
of this network as licensee of both the existing public safety 
broadband spectrum (763-769/793-799 MHz) and the spectrally adjacent D 
Block spectrum (758-763/788-793 MHz).\8\ The Act directs the Federal 
Communications Commission (FCC or Commission) to reallocate the D Block 
for public safety services,\9\ to license the D Block and the existing 
public safety broadband spectrum to FirstNet \10\ and to take other 
actions necessary to ``facilitate the transition'' of such existing 
spectrum to FirstNet.\11\
---------------------------------------------------------------------------

    \8\ See id. sec. 6204.
    \9\ See id. sec. 6101.
    \10\ See id. sec. 6201(a).
    \11\ See id. sec. 6201(c).
---------------------------------------------------------------------------

    Proposals in the NPRM are intended to provide a solid foundation 
for FirstNet's operations, taking into account FirstNet's need for 
flexibility in carrying out its statutory duties under the Public 
Safety Spectrum Act to establish a nationwide public safety broadband 
network.
    This NPRM seeks comment in three areas. First, we address technical 
service rules for the new public safety broadband network to be 
established pursuant to the Public Safety Spectrum Act. We next seek 
comment on the exercise of the Commission's statutory responsibilities 
as they relate to oversight of FirstNet's operations. Finally, we seek 
comment on the transition of different classes of incumbents now 
occupying portions of the spectrum to be licensed to FirstNet. These 
proposals are based on our established authority under the 
Communications Act to regulate use of the spectrum consistent with the 
public interest, convenience and necessity, including the authority to 
prescribe power limits and prevent interference between stations 
licensed by the Commission,\12\ as well as our licensing authority over 
FirstNet provided by the Public Safety Spectrum Act,\13\ and our 
authority under the Public Safety Spectrum Act ``to take all actions 
necessary to facilitate the transition'' of the existing public safety 
broadband spectrum to FirstNet.\14\ We seek comment on the scope of our 
authority as it relates to these proposals, and how such authority can 
most appropriately accommodate the Public Safety Spectrum Act's 
delegation to FirstNet of the responsibility to develop ``the technical 
and operational requirements of the network.'' \15\ In offering these 
proposals, we acknowledge the crucial importance of FirstNet's endeavor 
and its need for flexibility in carrying out its obligations under the 
Public Safety Spectrum Act.
---------------------------------------------------------------------------

    \12\ See, e.g., 47 U.S.C. 303(c), 303(e)-(g), 303(r), 337(d). 
See also id. sec.151, 154(i).
    \13\ See Public Safety Spectrum Act sec. 6201(a)-(b). See also 
id. sec. 6206(b)(3) (requiring rural coverage milestones for 
FirstNet, ``consistent with the license granted under section 
6201'').
    \14\ See Public Safety Spectrum Act sec. 6201(c). See also id. 
Sec. 6213 (authority of Commission to ``take any action necessary to 
assist [FirstNet] in effectuating its duties and responsibilities'' 
under Public Safety Spectrum Act).
    \15\ See id. sec. 6206(c)(1)(B).
---------------------------------------------------------------------------

B. Legal Basis

    The proposed action is authorized under Sections 1, 2, 4(i), 5(c), 
7, 301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332, 
333, 336, 337 and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 152, 154(i), 155(c), 157, 301, 302, 303, 307, 308, 309, 
310, 311, 314, 316, 319, 324, 332, 333, 336, 337 and 403, and the 
Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-
96, 126 Stat. 156 (2012).

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 rules adopted herein.\16\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \17\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\18\ 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 
Small Business Administration (``SBA'').\19\ Below, we further describe 
and estimate the number of small entity licensees and regulatees that 
may be affected by the rules changes we propose in this NPRM.
---------------------------------------------------------------------------

    \16\ 5 U.S.C. 604(a)(3).
    \17\ 5 U.S.C. 601(6).
    \18\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). 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.'' 5 U.S.C. 601(3).
    \19\ 15 U.S.C. 632.
---------------------------------------------------------------------------

    As an initial matter, we observe that the Public Safety Spectrum 
Act does not contemplate that ``small governmental jurisdictions'' 
would be directly authorized to serve as operators of their own 700 MHz 
public safety broadband networks. Rather, the Spectrum Act

[[Page 24140]]

charges a single entity, FirstNet, with constructing, operating and 
maintaining a 700 MHz public safety broadband network on a nationwide 
basis.\20\ Accordingly, the technical service rules and other 
requirements the NPRM proposes or considers for the combined 700 MHz 
public safety broadband spectrum--in which FirstNet will operate on a 
nationwide basis--will not directly affect a substantial number of 
small entities. The absence of a direct effect on a substantial number 
of small entities suggests that it is not necessary to prepare a 
regulatory flexibility analysis in connection with these proposed 
requirements.\21\
---------------------------------------------------------------------------

    \20\ See Spectrum Act Sec.  6206(b). The statute contemplates 
that portions of the network may be deployed by State governments, 
see Spectrum Act 6302(e), which are categorically excluded from the 
definition of ``small governmental jurisdictions'' for purposes of 
RFA.
    \21\ See, e.g., Mid-Tex Elec. Co-op., Inc. v. F.E.R.C., 773 F.2d 
327, 334 (DC Cir. 1985).
---------------------------------------------------------------------------

    Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size 
standards.\22\ First, nationwide, there are a total of approximately 
27.5 million small businesses, according to the SBA.\23\ In addition, a 
``small organization'' is generally ``any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.'' \24\ Nationwide, as of 2007, there were approximately 1, 
621,315 small organizations.\25\ Finally, 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.'' \26\ Census Bureau data for 
2011 indicate that there were 89,476 local governmental jurisdictions 
in the United States.\27\ We estimate that, of this total, as many as 
88, 506 entities may qualify as ``small governmental jurisdictions.'' 
\28\ Thus, we estimate that most governmental jurisdictions are small.
---------------------------------------------------------------------------

    \22\ See 5 U.S.C. 601(3)-(6).
    \23\ See SBA, Office of Advocacy, ``Frequently Asked 
Questions,'' web.sba.gov/faqs (last visited May 6,2011; figures are 
from 2009).
    \24\ 5 U.S.C. 601(4).
    \25\ Independent Sector, The New Nonprofit Almanac & Desk 
Reference (2010).
    \26\ 5 U.S.C. 601(5).
    \27\ U.S. Census Bureau, Statistical Abstract of the United 
States: 2011, Table 427 (2007).
    \28\ The 2007 U.S Census data for small governmental 
organizations indicate that there were 89, 476 ``Local Governments'' 
in 2007. (U.S. CENSUS BUREAU, STATISTICAL ABSTRACT OF THE UNITED 
STATES 2011, Table 428.) The criterion by which the size of such 
local governments is determined to be small is a population of 
50,000. However, since the Census Bureau does not specifically apply 
that criterion, it cannot be determined with precision how many of 
such local governmental organizations is small. Nonetheless, the 
inference seems reasonable that substantial number of these 
governmental organizations has a population of less than 50, 000. To 
look at Table 428 in conjunction with a related set of data in Table 
429 in the Census's Statistical Abstract of the U.S., that inference 
is further supported by the fact that in both Tables, many entities 
that may well be small are included in the 89,476 local governmental 
organizations, e.g. county, municipal, township and town, school 
district and special district entities. Measured by a criterion of a 
population of 50,000 many specific sub-entities in this category 
seem more likely than larger county-level governmental organizations 
to have small populations. Accordingly, of the 89,746 small 
governmental organizations identified in the 2007 Census, the 
Commission estimates that a substantial majority is small.
---------------------------------------------------------------------------

    Public Safety Radio Licensees. As a general matter, Public Safety 
Radio Pool licensees include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services.\29\ 
Because of the vast array of public safety licensees, the Commission 
has not developed a small business size standard specifically 
applicable to public safety licensees. The SBA rules contain a 
definition for Wireless Telecommunications Carriers (except Satellite) 
which encompasses business entities engaged in radiotelephone 
communications employing no more that 1,500 persons.\30\ With respect 
to local governments, in particular, since many governmental entities 
comprise the licensees for these services, we include under public 
safety services the number of government entities affected. According 
to Commission records, there are a total of approximately 133,870 
licenses within these services.\31\ There are 2,442 licenses in the 4.9 
GHz band, based on an FCC Universal Licensing System search of May 23, 
2012.\32\ We estimate that fewer than 2,442 public safety radio 
licensees hold these licenses because certain entities may have 
multiple licenses.
---------------------------------------------------------------------------

    \29\ See subparts A and B of Part 90 of the Commission's Rules, 
47 CFR 90.1-90.22. Police licensees serve state, county, and 
municipal enforcement through telephony (voice), telegraphy (code), 
and teletype and facsimile (printed material). Fire licensees are 
comprised of private volunteer or professional fire companies, as 
well as units under governmental control. Public Safety Radio Pool 
licensees also include state, county, or municipal entities that use 
radio for official purposes. State departments of conservation and 
private forest organizations comprise forestry service licensees 
that set up communications networks among fire lookout towers and 
ground crews. State and local governments are highway maintenance 
licensees that provide emergency and routine communications to aid 
other public safety services to keep main roads safe for vehicular 
traffic. Emergency medical licensees use these channels for 
emergency medical service communications related to the delivery of 
emergency medical treatment. Additional licensees include medical 
services, rescue organizations, veterinarians, persons with 
disabilities, disaster relief organizations, school buses, beach 
patrols, establishments in isolated areas, communications standby 
facilities, and emergency repair of public communications 
facilities.
    \30\ See 13 CFR 121.201, NAICS code 517210.
    \31\ This figure was derived from Commission licensing records 
as of June 27, 2008. Licensing numbers change on a daily basis. We 
do not expect this number to be significantly smaller today. This 
does not indicate the number of licensees, as licensees may hold 
multiple licenses. There is no information currently available about 
the number of public safety licensees that have less than 1,500 
employees.
    \32\ Based on an FCC Universal Licensing System search of May 
23, 2012. Search parameters: Radio Service = PA--Public Safety 4940-
4990 MHz Band; Authorization Type = Regular; Status = Active.
---------------------------------------------------------------------------

    Regional Planning Committees. Neither the Commission nor the SBA 
has developed a small business size standard specifically applicable to 
Regional Planning Committees (RPCs) and the National Regional Planning 
Council (NRPC). As described by the NRPC, ``[t]he National Regional 
Planning Council (NRPC) is an advocacy body formed in 2007 that 
supports public safety communications spectrum management by Regional 
Planning Committees (RPC) in the 700 MHz and 800 MHz NPSPAC public 
safety spectrum as required by the Federal Communications Commission.'' 
\33\ The NRPC states that ``Regional Planning Committees consist of 
public safety volunteer spectrum planners and members that dedicate 
their time, in addition to the time spent in their regular positions, 
to coordinate spectrum efficiently and effectively for the purpose of 
making it available to public safety agency applicants in their 
respective region.'' \34\ There are 54 formed RPCs and one unformed 
RPC.\35\ The Commission has not developed a small business size 
standard specifically applicable to RPCs and the NRPC. The SBA rules, 
however, contain a definition for Wireless Telecommunications Carriers 
(except Satellite) which encompasses business entities engaged in 
radiotelephone communications employing no more that 1,500 persons.\36\ 
Under this category and size standard, we estimate that all of the RPCs 
and the NRPC can be considered small.
---------------------------------------------------------------------------

    \33\ See Petition for Rulemaking to allow Aircraft voice 
operations on Secondary Trunking Channels in the 700 MHz band, RM-
11433, Comments of the National Regional Planning Council at 1 
(filed July 15, 2011).
    \34\ Id.
    \35\ See http://publicsafety.fcc.gov/pshs/public-safety-spectrum/700-MHz/rpc-map.htm.
    \36\ See 13 CFR 121.201, NAICS code 517210.
---------------------------------------------------------------------------

    Radio and Television Broadcasting and Wireless Communications

[[Page 24141]]

Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' \37\ The SBA has developed a small business 
size standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: all such firms having 
750 or fewer employees. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. According to Census bureau data for 
2007, there were a total of 919 firms in this category that operated 
for the entire year. Of this total, 771 had less than 100 employees and 
148 had more than 100 employees.\38\ Thus, under that size standard, 
the majority of firms can be considered small.
---------------------------------------------------------------------------

    \37\ The NAICS Code for this service 334220. See 13 C.F.R 121/
201. See also http://factfinder.census.gov/servlet/IBQTable?_bm=y&-fds_name=EC0700A1&-geo_id=&-_skip=300&-ds_name=EC0731SG2&-_lang=en
    \38\ See http://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-fds_name=EC0700A1&-_skip=4500&-ds_name=EC0731SG3&-_lang=en.
---------------------------------------------------------------------------

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The two segments of the spectrum that will be licensed to 
FirstNet--the D Block and the existing public safety broadband 
spectrum--are currently regulated under separate FCC rule parts, Parts 
27 and 90. The NPRM proposes the development of a unified set of 
technical service rules to govern this spectrum, largely by 
consolidating under Part 90 the requirements applicable to both 
segments. Because FirstNet will be the nationwide licensee of this 
spectrum, it will be primarily responsible on a nationwide basis for 
ensuring compliance with any such requirements that are ultimately 
adopted. Accordingly, we do not believe that these requirements would 
have a significant economic impact on a substantial number of small 
entities.
    The NPRM also considers establishing certification requirements for 
equipment operated in the combined public safety broadband spectrum. 
These requirements would be applicable to entities, such as RF 
equipment manufacturers, seeking to certify equipment for operation in 
this spectrum. We observe that equipment certification is a 
longstanding Commission practice, widely applicable to equipment 
marketed for operation in radiospectrum licensed by the Commission. Any 
certification requirements adopted pursuant to the NPRM are unlikely to 
depart significantly from current practice. In fact, a primary purpose 
of the certification requirements proposed in the NPRM is to 
consolidate under a common Part 90 rule provision existing requirements 
that separately govern the D Block and the public safety broadband 
spectrum. Such rules are unlikely to have a significant adverse 
economic impact on any small entities, much less a substantial number 
of them.
    The NPRM also considers rules to govern the transition of incumbent 
narrowband, wideband and commercial systems currently authorized to 
operate in the spectrum to be licensed to FirstNet. With respect to the 
first category only, there may arguably be a significant number of 
small entities currently operating.\39\ In considering various 
transition options--including relocation of existing operations at the 
operators' expense--the NPRM seeks comment on ways to minimize the 
economic burden on incumbent operators. The NPRM seeks comment on 
whether FirstNet or some third party source could fund relocation, 
thereby relieving any incumbent small entities of this potentially 
substantial economic burden. It also seeks comment on whether FirstNet 
could accommodate incumbent narrowband operations within a portion of 
its licensed spectrum, either indefinitely or on a transitional basis. 
We seek comment in this IRFA on whether there are additional steps the 
Commission should take to minimize any economic burden its proposals 
might create for small entities operating narrowband systems in the 
spectrum to be licensed to FirstNet.
---------------------------------------------------------------------------

    \39\ In addition to a number of state governments, an estimated 
twenty-five cities and counties are authorized to operate narrowband 
or wideband networks in the existing public safety broadband 
spectrum. Of these, we estimate that only a small number would 
qualify as ``small government jurisdictions.'' We nevertheless 
consider means of minimizing the economic impact that proposals 
adopted pursuant to the NPRM might create for such jurisdictions.
---------------------------------------------------------------------------

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 developing its 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 and 
reporting requirements under the rule for such 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 such small 
entities.'' \40\
---------------------------------------------------------------------------

    \40\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    As an initial matter, we find that one possible alternative--to 
refrain from pursuing the adoption of rules in Docket 12-94--is 
untenable given the clear directives of the Public Safety Spectrum Act 
regarding reallocation of the D Block and the licensing of spectrum to 
FirstNet. This NPRM is necessary to ensure that a solid regulatory 
foundation is in place to support FirstNet's operations under the Act.
    We also do not believe it would be tenable to establish differing 
requirements for small entities or to exempt such entities from rules 
adopted pursuant to the NPRM. Given the importance of ensuring that the 
public safety broadband network is technically and operationally viable 
on a nationwide basis, it is important that network be governed by a 
common set of rules and requirements.

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

    1. None.

List of Subjects

 47 CFR Part 1

    Administrative practice and procedure, Civil rights, Claims, 
Communications common carriers, Cuba, Drug abuse, Environmental impact 
statements, Equal access to justice, Equal employment opportunity, 
Federal buildings and facilities, Government employees, Income taxes, 
Indemnity payments, Individuals with disabilities, Investigations, 
Lawyers, Metric system, Penalties, Radio, Reporting and recordkeeping 
requirements, Satellites, Telecommunications, Television, Wages.

[[Page 24142]]

47 CFR Part 2

    Communications equipment, Disaster assistance, Imports, Radio, 
Reporting and recordkeeping requirements, Telecommunications, 
Television, Wiretapping and electronic surveillance.

47 CFR Part 27

    Communications common carriers, Radio.

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 Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 1, 2, 27 and 
90 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), and 309, Cable Landing License Act of 
1921, 47 U.S.C. 35-39, and the Middle Class Tax Relief and Job 
Creation Act of 2012, Pub. L. 112-96.

0
2. Section 1.9005 is amended by revising paragraph (k) to read as 
follows:


Sec.  1.9005  Included services.

* * * * *
    (k) The Wireless Communications Service in the 746-758 MHz, 775-788 
MHz, and 805-806 MHz bands (part 27 of this chapter);
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
3. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302(a), 303, and 336, unless otherwise 
noted.

0
4. Section 2.103 is amended by revising paragraphs (a) introductory 
text and paragraph (c) to read as follows:


Sec.  2.103  Federal Use of non-Federal frequencies.

    (a) Federal stations may be authorized to use non-Federal 
frequencies in the bands above 25 MHz (except the 758-775 MHz and 788-
805 MHz public safety bands) if the Commission finds that such use is 
necessary for coordination of Federal and non-Federal activities: 
Provided, however, that:
* * * * *
    (c) Federal stations may be authorized by the First Responder 
Network Authority to use channels in the 758-769 MHz and 788-799 MHz 
public safety bands.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
5. The authority citation for part 27 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
and 337 unless otherwise noted.

0
6. Section 27.6 is amended by revising paragraph (b) introductory text 
to read as follows:


Sec.  27.6  Service Areas.

* * * * *
    (b) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. WCS service 
areas for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands are as 
follows:
* * * * *
0
7. Section 27.11 is amended by revising paragraph (c) introductory text 
to read as follows:


Sec.  27.11  Initial authorization.

* * * * *
    (c) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. Initial 
authorizations for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands 
shall be for paired channels of 1, 5, 6, or 11 megahertz of spectrum in 
accordance with Sec.  27.5(b).
* * * * *
0
8. Section 27.13 is amended by revising the first sentence in paragraph 
(b) to read as follows:


Sec.  27.13  License Period.

* * * * *
    (b) 698-758 MHz and 776-788 MHz bands. Initial authorizations for 
the 698-758 MHz and 776-788 MHz bands will extend for a term not to 
exceed ten years from February 17, 2009, except that initial 
authorizations for a Part 27 licensee that provides broadcast services, 
whether exclusively or in combination with other services, will not 
exceed eight years. * * *
* * * * *
0
9. Section 27.14 is amended by revising the first sentence in 
paragraphs (a), and (e), and removing paragraphs (m) and (n), and 
redesignating paragraphs (o) and (p) as paragraphs (m) and (n) to read 
as follows:


Sec.  27.14  Construction requirements; Criteria for Renewal.

    (a) AWS and WCS licensees, with the exception of WCS licensees 
holding authorizations for Block A in the 698-704 MHz and 728-734 MHz 
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 
722-728 MHz band, Block C, C1 or C2 in the 746-757 MHz and 776-787 MHz 
bands, Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in 
the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz 
band, and Block D in the 2345-2350 MHz band, must, as a performance 
requirement, make a showing of ``substantial service'' in their license 
area within the prescribed license term set forth in Sec.  27.13.* * *
* * * * *
    (e) Comparative renewal proceedings do not apply to WCS licensees 
holding authorizations for Block A in the 698-704 MHz and 728-734 MHz 
bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block C in the 
710-716 MHz and 740-746 MHz bands, Block D in the 716-722 MHz band, 
Block E in the 722-728 MHz band, or Block C, C1 or C2 in the 746-757 
MHz and 776-787 MHz bands. * * *
* * * * *
0
10. Section 27.15 is amended by revising the first sentence in 
paragraphs (d)(1)(i) and (d)(2)(i) to read as follows:


Sec.  27.15  Geographic partitioning and spectrum disaggregation.

* * * * *
    (d) * * *
    (1) * * *
    (i) Except for WCS licensees holding authorizations for Block A in 
the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 
734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1, 
and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules 
apply to WCS and AWS licensees holding authorizations for purposes of 
implementing the construction requirements set forth in Sec.  27.14. * 
* *
* * * * *
    (2) * * *
    (i) Except for WCS licensees holding authorizations for Block A in 
the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 
734-740 MHz bands, Block E in the 722-728 MHz band, and Blocks C, C1, 
and C2 in the 746-757 MHz and 776-787 MHz bands, the following rules 
apply to WCS and AWS licensees holding authorizations for purposes for 
purposes

[[Page 24143]]

of implementing the construction requirements set forth in Sec.  
27.14.* * *
* * * * *
    11. Section 27.50 is amended by revising paragraph (b) introductory 
text, paragraphs (b)(1) through (b)(7), (b)(7)(i), (b)(8) through 
(b)(10), (b)(12), (c)(5)(i), and the headings to Table 1 through Table 
4 at the end of the section to read as follows:


Sec.  27.50  Power limits and duty cycle.

* * * * *
    (b) The following power and antenna height limits apply to 
transmitters operating in the 746-758 MHz, 775-788 MHz and 805-806 MHz 
bands:
    (1) * * *
    (2) Fixed and base stations transmitting a signal in the 746-757 
MHz and 776-787 MHz bands with an emission bandwidth of 1 MHz or less 
must not exceed an ERP of 1000 watts and an antenna height of 305 m 
HAAT, except that antenna heights greater than 305 m HAAT are permitted 
if power levels are reduced below 1000 watts ERP in accordance with 
Table 1 of this section.
    (3) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with 
an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000 
watts and an antenna height of 305 m HAAT, except that antenna heights 
greater than 305 m HAAT are permitted if power levels are reduced below 
2000 watts ERP in accordance with Table 2 of this section.
    (4) Fixed and base stations transmitting a signal in the 746-757 
MHz and 776-787 MHz bands with an emission bandwidth greater than 1 MHz 
must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m 
HAAT, except that antenna heights greater than 305 m HAAT are permitted 
if power levels are reduced below 1000 watts/MHz ERP accordance with 
Table 3 of this section.
    (5) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with 
an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 
watts/MHz and an antenna height of 305 m HAAT, except that antenna 
heights greater than 305 m HAAT are permitted if power levels are 
reduced below 2000 watts/MHz ERP in accordance with Table 4 of this 
section.
    (6) Licensees of fixed or base stations transmitting a signal in 
the 746-757 MHz and 776-787 MHz bands at an ERP greater than 1000 watts 
must comply with the provisions set forth in paragraph (b)(8) and Sec.  
27.55(c).
    (7) Licensees seeking to operate a fixed or base station located in 
a county with population density of 100 or fewer persons per square 
mile, based upon the most recently available population statistics from 
the Bureau of the Census, and transmitting a signal in the 746-757 MHz 
and 776-787 MHz bands at an ERP greater than 1000 watts must:
    (i) Coordinate in advance with all licensees authorized to operate 
in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120 
kilometers (75 miles) of the base or fixed station;
* * * * *
    (8) Licensees authorized to transmit in the 746-757 MHz and 776-787 
MHz bands and intending to operate a base or fixed station at a power 
level permitted under the provisions of paragraph (b)(6) of this 
section must provide advanced notice of such operation to the 
Commission and to licensees authorized in their area of operation. 
Licensees who must be notified are all licensees authorized to operate 
in the 758-775 MHz and 788-805 MHz bands under Part 90 of this chapter 
within 75 km of the base or fixed station and all regional planning 
committees, as identified in Sec.  90.527 of this chapter, with 
jurisdiction within 75 km of the base or fixed station. Notifications 
must provide the location and operating parameters of the base or fixed 
station, including the station's ERP, antenna coordinates, antenna 
height above ground, and vertical antenna pattern, and such 
notifications must be provided at least 90 days prior to the 
commencement of station operation.
    (9) Control stations and mobile stations transmitting in the 746-
757 MHz, 776-788 MHz, and 805-806 MHz bands and fixed stations 
transmitting in the 787-788 MHz and 805-806 MHz bands are limited to 30 
watts ERP.
    (10) Portable stations (hand-held devices) transmitting in the 746-
757 MHz, 776-788 MHz, and 805-806 MHz bands are limited to 3 watts ERP.
* * * * *
    (12) For transmissions in the 746-757 and 776-787 MHz bands, 
licensees may employ equipment operating in compliance with either the 
measurement techniques described in paragraph (b)(11) or a Commission-
approved average power technique. In both instances, equipment employed 
must be authorized in accordance with the provisions of 27.51.
    (c) * * *
* * * * *
    (5) * * *
    (i) Coordinate in advance with all licensees authorized to operate 
in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120 
kilometers (75 miles) of the base or fixed station;
* * * * *

    Table 1--Permissible Power and Antenna Heights for Base and Fixed
  Stations in the 757-758 and 775-776 MHz Bands and for Base and Fixed
 Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
               With an Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               (watts)
------------------------------------------------------------------------
Above 1372 (4500).........................................            65
Above 1220 (4000) To 1372 (4500)..........................            70
Above 1067 (3500) To 1220 (4000)..........................            75
Above 915 (3000) To 1067 (3500)...........................           100
Above 763 (2500) To 915 (3000)............................           140
Above 610 (2000) To 763 (2500)............................           200
Above 458 (1500) To 610 (2000)............................           350
Above 305 (1000) To 458 (1500)............................           600
Up to 305 (1000)..........................................          1000
------------------------------------------------------------------------


    Table 2--Permissible Power and Antenna Heights for Base and Fixed
 Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
               With an Emission Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               (watts)
------------------------------------------------------------------------
Above 1372 (4500).........................................           130
Above 1220 (4000) To 1372 (4500)..........................           140
Above 1067 (3500) To 1220 (4000)..........................           150
Above 915 (3000) To 1067 (3500)...........................           200
Above 763 (2500) To 915 (3000)............................           280
Above 610 (2000) To 763 (2500)............................           400
Above 458 (1500) To 610 (2000)............................           700

[[Page 24144]]

 
Above 305 (1000) To 458 (1500)............................          1200
Up to 305 (1000)..........................................          2000
------------------------------------------------------------------------


    Table 3--Permissible Power and Antenna Heights for Base and Fixed
 Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
              With an Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               per MHz
                                                             (watts/MHz)
------------------------------------------------------------------------
Above 1372 (4500).........................................            65
Above 1220 (4000) To 1372 (4500)..........................            70
Above 1067 (3500) To 1220 (4000)..........................            75
Above 915 (3000) To 1067 (3500)...........................           100
Above 763 (2500) To 915 (3000)............................           140
Above 610 (2000) To 763 (2500)............................           200
Above 458 (1500) To 610 (2000)............................           350
Above 305 (1000) To 458 (1500)............................           600
Up to 305 (1000)..........................................          1000
------------------------------------------------------------------------


    Table 4--Permissible Power and Antenna Heights for Base and Fixed
 Stations in the 698-757 MHz and 776-787 MHz Bands Transmitting a Signal
              With an Emission Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               per MHz
                                                            (watts/MHz )
------------------------------------------------------------------------
Above 1372 (4500).........................................           130
Above 1220 (4000) To 1372 (4500)..........................           140
Above 1067 (3500) To 1220 (4000)..........................           150
Above 915 (3000) To 1067 (3500)...........................           200
Above 763 (2500) To 915 (3000)............................           280
Above 610 (2000) To 763 (2500)............................           400
Above 458 (1500) To 610 (2000)............................           700
Above 305 (1000) To 458 (1500)............................          1200
Up to 305 (1000)..........................................          2000
------------------------------------------------------------------------

0
12. Section 27.53 is amended by removing paragraph (d), redesignating 
paragraphs (e) through (n) as paragraphs (d) through (m), and revising 
newly redesignated paragraphs (d), (1) and (2) and (e) to read as 
follows:


Sec.  27.53  Emission limits.

* * * * *
    (d) For operations in the 775-776 MHz and 805-806 MHz bands, 
transmitters must comply with either paragraphs (d)(1) through (5) of 
this section or the ACP emission limitations set forth in paragraphs 
(d)(6) to (d)(9) of this section.
    (1) On all frequencies between 758 to 775 MHz and 788 to 805 MHz, 
the power of any emission outside the licensee's frequency bands of 
operation shall be attenuated below the transmitter power (P) within 
the licensed band(s) of operation, measured in watts, by a factor not 
less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and 
fixed stations;
    (2) On all frequencies between 758 to 775 MHz and 788 to 805 MHz, 
the power of any emission outside the licensee's frequency bands of 
operation shall be attenuated below the transmitter power (P) within 
the licensed band(s) of operation, measured in watts, by a factor not 
less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and 
portable stations;
* * * * *
    (e) For operations in the 746-758 MHz, 775-788 MHz, and 805-806 MHz 
bands, emissions in the band 1559-1610 MHz shall be limited to -70 dBW/
MHz equivalent isotropically radiated power (EIRP) for wideband 
signals, and -80 dBW EIRP for discrete emissions of less than 700 Hz 
bandwidth. For the purpose of equipment authorization, a transmitter 
shall be tested with an antenna that is representative of the type that 
will be used with the equipment in normal operation.
* * * * *
0
13. Section 27.55 is amended by revising paragraph (c) to read as 
follows:


Sec.  27.55  Power strength limits.

* * * * *
    (c) Power flux density limit for stations operating in the 746-757 
MHz and 776-787 MHz bands. For base and fixed stations operating in the 
746-757 MHz and 776-787 MHz bands in accordance with the provisions of 
Sec.  27.50(b)(6), the power flux density that would be produced by 
such stations through a combination of antenna height and vertical gain 
pattern must not exceed 3000 microwatts per square meter on the ground 
over the area extending to 1 km from the base of the antenna mounting 
structure.
0
14. Section 27.57 is amended by revising paragraph (b) to read as 
follows:


Sec.  27.57  International coordination.

* * * * *
    (b) Operation in the 698-758 MHz, 775-788 MHz, and 805-806 MHz 
bands is subject to international agreements between Mexico and Canada. 
Unless otherwise modified by international treaty, licenses must not 
cause interference to, and must accept harmful interference from, 
television broadcast operations in Mexico and Canada.
* * * * *
0
15. Section 27.60 is amended by revising the introductory text, and 
paragraph (a)(1)(iii) and the second sentence in paragraphs (b) 
introductory text and (b)(2)(i); and revising paragraphs (b)(2)(ii), 
(b)(2)(ii)(A) and (C) to read as follows:


Sec.  27.60  TV/DTV interference protection criteria.

    Base, fixed, control, and mobile transmitters in the 698-758 MHz, 
775-788 MHz, and 805-806 MHz frequency bands must be operated only in 
accordance with the rules in this section to reduce the potential for 
interference to public reception of the signals of existing TV and DTV 
broadcast stations transmitting on TV Channels 51 through 68.
    (a) * * *
    (1) * * *
    (iii) For transmitters operating in the 746-758 MHz, 775-788 MHz, 
and 805-806 MHz frequency bands, 17 dB at the equivalent Grade B 
contour (41 dB[micro]V/m) (88.5 kilometers (55 miles)) of the DTV 
station.
* * * * *
    (b) * * * Tables to determine the necessary minimum distance from 
the

[[Page 24145]]

698-758 MHz, 775-788 MHz, and 805-806 MHz station to the TV/DTV 
station, assuming that the TV/DTV station has a hypothetical or 
equivalent Grade B contour of 88.5 kilometers (55 miles), are located 
in Sec.  90.309 of this chapter and labeled as Tables B, D, and E. 
Values between those given in the tables may be determined by linear 
interpolation.* * *
* * * * *
    (2) * * *
    (i) Base and fixed stations that operate in the 746-758 MHz and 
775-787 MHz bands having an antenna height (HAAT) less than 152 m. (500 
ft.) shall afford protection to co-channel and adjacent channel TV/DTV 
stations in accordance with the values specified in Table B (co-channel 
frequencies based on 40 dB protection) and Table E (adjacent channel 
frequencies based on 0 dB protection) in Sec.  90.309 of this chapter.* 
* *
    (ii) Control, fixed, and mobile stations (including portables) that 
operate in the 787-788 MHz and 805-806 MHz bands and control and mobile 
stations (including portables) that operate in the 698-757 MHz and 776-
787 MHz bands are limited in height and power and therefore shall 
afford protection to co-channel and adjacent channel TV/DTV stations in 
the following manner:
    (A) For control, fixed, and mobile stations (including portables) 
that operate in the 787-788 MHz and 805-806 MHz bands and control and 
mobile stations (including portables) that operate in the 746-757 MHz 
and 776-787 MHz co-channel protection shall be afforded in accordance 
with the values specified in Table D (co-channel frequencies based on 
40 dB protection for TV stations and 17 dB for DTV stations) in Sec.  
90.309 of this chapter.
    (C) For control, fixed, and mobile stations (including portables) 
that operate in the 787-788 MHz and 805-806 MHz bands and control and 
mobile stations (including portables) that operate in the 698-757 MHz 
and 776-787 MHz bands adjacent channel protection shall be afforded by 
providing a minimum distance of 8 kilometers (5 miles) from all 
adjacent channel TV/DTV station hypothetical or equivalent Grade B 
contours (adjacent channel frequencies based on 0 dB protection for TV 
stations and -23 dB for DTV stations).
* * * * *
0
16. Section 27.70 is amended by revising paragraphs (a) and (b)(1), and 
(b)(2) to read as follows:


Sec.  27.70  Information exchange.

    (a) Prior notification. Public safety licensees authorized to 
operate in the 758-775 MHz and 788-805 MHz bands may notify any 
licensee authorized to operate in the 746-757 or 776-787 MHz bands that 
they wish to receive prior notification of the activation or 
modification of the licensee's base or fixed stations in their area. 
Thereafter, the 746-757 or 776-787 MHz band licensee must provide the 
following information to the public safety licensee at least 10 
business days before a new base or fixed station is activated or an 
existing base or fixed station is modified:
* * * * *
    (b) * * *
    (1) Allow a public safety licensee to advise the 746-757 or 776-787 
MHz band licensee whether it believes a proposed base or fixed station 
will generate unacceptable interference;
    (2) Permit 746-757 and 776-787 MHz band licensees to make voluntary 
changes in base or fixed station parameters when a public safety 
licensee alerts them to possible interference; and,
* * * * *
0
17. Section 27.303 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  27.303  Upper 700 MHz commercial and public safety coordination 
zone.

    (a) General. CMRS operators are required, prior to commencing 
operations on fixed or base station transmitters on the 776-787 MHz 
band that are located within 500 meters of existing or planned public 
safety base station receivers, to submit a description of their 
proposed facility to a Commission-approved public safety coordinator.
* * * * *
0
18. Section 27.501 is revised to read as follows:


Sec.  27.501  746-758 MHz, 775-788 MHz, and 805-806 MHz bands subject 
to competitive bidding.

    Mutually exclusive initial applications for licenses in the 746-758 
MHz, 775-788 MHz, and 805-806 MHz bands are subject to competitive 
bidding. The general competitive bidding procedures set forth in part 
1, subpart Q of this chapter will apply unless otherwise provided in 
this subpart.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
19. 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), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.

0
20. Section 90.179 is amended by revising paragraph (g) to read as 
follows:


Sec.  90.179  Shared use of radio stations.

* * * * *
    (g) Notwithstanding paragraph (a) of this section, licensees 
authorized to operate radio systems on Public Safety Pool frequencies 
designated in Sec.  90.20 may share their facilities with Federal 
Government entities on a non-profit, cost-shared basis. Such a sharing 
arrangement is subject to the provisions of paragraphs (b), (d), and 
(e) of this section, and Sec.  2.103(c) concerning operations in the 
758-769 MHz and 788-799 MHz bands. State governments authorized to 
operate radio systems under Sec.  90.529 may share the use of their 
systems (for public safety services not made commercially available to 
the public) with any entity that would be eligible for licensing under 
Sec.  90.523 and Federal government entities.
* * * * *
0
21. Section 90.203 is amended by removing paragraph (p).
0
22. Section 90.205 is amended by revising paragraph (j) to read as 
follows:


Sec.  90.205  Power and antenna height limits.

* * * * *
    (j) 758-775 MHz and 788-805 MHz. Power and height limitations are 
specified in Sec. Sec.  90.541 and 90.542.
* * * * *
0
23. Section 90.523 is amended by revising the introductory text and 
paragraph (e) to read as follows:


Sec.  90.523  Eligibility.

    This section implements the definition of public safety services 
contained in 47 U.S.C. 337(f)(1). The following are eligible to hold 
Commission authorizations for systems operating in the 769-775 MHz and 
799-805 MHz frequency bands:
* * * * *
    (e) A nationwide license for the 758-769 MHz and 788-799 MHz bands 
shall be issued to the First Responder Network Authority.
0
24. Section 90.533 is amended by revising the introductory text and 
paragraphs (a) and (c) to read as follows:


Sec.  90.533  Transmitting sites near the U.S./Canada or U.S./Mexico 
border.

    This section applies to each license to operate one or more public 
safety transmitters in the 758-775 MHz and 788-805 MHz bands, at a 
location or locations North of Line A (see Sec.  90.7) or within 120 
kilometers (75 miles) of the U.S.-Mexico border, until such time as

[[Page 24146]]

agreements between the government of the United States and the 
government of Canada or the government of the United States and the 
government of Mexico, as applicable, become effective governing border 
area non-broadcast use of these bands. Public safety licenses are 
granted subject to the following conditions:
    (a) Public safety transmitters operating in the 758-775 MHz and 
788-805 MHz bands must conform to the limitations on interference to 
Canadian television stations contained in agreement(s) between the 
United States and Canada for use of television channels in the border 
area.
* * * * *
    (c) Conditions may be added during the term of the license, if 
required by the terms of international agreements between the 
government of the United States and the government of Canada or the 
government of the United States and the government of Mexico, as 
applicable, regarding non-broadcast use of the 758-775 MHz and 788-805 
MHz bands.
0
25. Section 90.542 is amended by revising paragraph (a) introductory 
text, paragraphs (a)(1) through (a)(7), and paragraph (a)(8) 
introductory text, and by revising Tables 1 through 4 and paragraph (b) 
to read as follows:


Sec.  90.542  Broadband transmitting power limits.

    (a) The following power limits apply to the 758-768/788-798 MHz 
band:
    (1) Fixed and base stations transmitting a signal in the 758-768 
MHz band with an emission bandwidth of 1 MHz or less must not exceed an 
ERP of 1000 watts and an antenna height of 305 m HAAT, except that 
antenna heights greater than 305 m HAAT are permitted if power levels 
are reduced below 1000 watts ERP in accordance with Table 1 of this 
section.
    (2) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal in the 758-768 MHz band with an emission 
bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an 
antenna height of 305 m HAAT, except that antenna heights greater than 
305 m HAAT are permitted if power levels are reduced below 2000 watts 
ERP in accordance with Table 2 of this section.
    (3) Fixed and base stations transmitting a signal in the 758-768 
MHz band with an emission bandwidth greater than 1 MHz must not exceed 
an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except 
that antenna heights greater than 305 m HAAT are permitted if power 
levels are reduced below 1000 watts/MHz ERP accordance with Table 3 of 
this section.
    (4) Fixed and base stations located in a county with population 
density of 100 or fewer persons per square mile, based upon the most 
recently available population statistics from the Bureau of the Census, 
and transmitting a signal in the 758-768 MHz band with an emission 
bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz 
and an antenna height of 305 m HAAT, except that antenna heights 
greater than 305 m HAAT are permitted if power levels are reduced below 
2000 watts/MHz ERP in accordance with Table 4 of this section.
    (5) Licensees of fixed or base stations transmitting a signal in 
the 758-768 MHz band at an ERP greater than 1000 watts must comply with 
the provisions set forth in paragraph (b).
    (6) Control stations and mobile stations transmitting in the 758-
768 MHz band and the 788-799 MHz band are limited to 30 watts ERP.
    (7) Portable stations (hand-held devices) transmitting in the 758-
768 MHz band and the 788-799 MHz band are limited to 3 watts ERP.
    (8) For transmissions in the 758-768 MHz and 788-798 MHz bands, 
licensees may employ equipment operating in compliance with either of 
the following measurement techniques:
* * * * *

Table 1--Permissible Power and Antenna Heights for Base and Fixed in the
 758-768 MHz Band Transmitting a Signal With an Emission Bandwidth of 1
                               MHz or Less
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               (watts)
------------------------------------------------------------------------
Above 1372 (4500).........................................            65
Above 1220 (4000) To 1372 (4500)..........................            70
Above 1067 (3500) To 1220 (4000)..........................            75
Above 915 (3000) To 1067 (3500)...........................           100
Above 763 (2500) To 915 (3000)............................           140
Above 610 (2000) To 763 (2500)............................           200
Above 458 (1500) To 610 (2000)............................           350
Above 305 (1000) To 458 (1500)............................           600
Up to 305 (1000)..........................................          1000
------------------------------------------------------------------------


    Table 2--Permissible Power and Antenna Heights for Base and Fixed
 Stations in the 758-768 MHz Band Transmitting a Signal With an Emission
                       Bandwidth of 1 MHz or Less
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               (watts)
------------------------------------------------------------------------
Above 1372 (4500).........................................           130
Above 1220 (4000) To 1372 (4500)..........................           140
Above 1067 (3500) To 1220 (4000)..........................           150
Above 915 (3000) To 1067 (3500)...........................           200
Above 763 (2500) To 915 (3000)............................           280
Above 610 (2000) To 763 (2500)............................           400
Above 458 (1500) To 610 (2000)............................           700
Above 305 (1000) To 458 (1500)............................          1200
Up to 305 (1000)..........................................          2000
------------------------------------------------------------------------


    Table 3--Permissible Power and Antenna Heights for Base and Fixed
 Stations in the 758-768 MHz Band Transmitting a Signal With an Emission
                      Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               per MHz
                                                             (watts/MHz)
------------------------------------------------------------------------
Above 1372 (4500).........................................            65
Above 1220 (4000) To 1372 (4500)..........................            70
Above 1067 (3500) To 1220 (4000)..........................            75
Above 915 (3000) To 1067 (3500)...........................           100
Above 763 (2500) To 915 (3000)............................           140
Above 610 (2000) To 763 (2500)............................           200
Above 458 (1500) To 610 (2000)............................           350
Above 305 (1000) To 458 (1500)............................           600
Up to 305 (1000)..........................................          1000
------------------------------------------------------------------------


[[Page 24147]]


    Table 4--Permissible Power and Antenna Heights for Base and Fixed
 Stations in the 758-768 MHz Band Transmitting a Signal With an Emission
                      Bandwidth Greater Than 1 MHz
------------------------------------------------------------------------
                                                              Effective
                                                              radiated
           Antenna height (AAT) in meters (feet)             power (ERP)
                                                               per MHz
                                                            (watts/MHz )
------------------------------------------------------------------------
Above 1372 (4500).........................................           130
Above 1220 (4000) To 1372 (4500)..........................           140
Above 1067 (3500) To 1220 (4000)..........................           150
Above 915 (3000) To 1067 (3500)...........................           200
Above 763 (2500) To 915 (3000)............................           280
Above 610 (2000) To 763 (2500)............................           400
Above 458 (1500) To 610 (2000)............................           700
Above 305 (1000) To 458 (1500)............................          1200
Up to 305 (1000)..........................................          2000
------------------------------------------------------------------------

     (b) For base and fixed stations operating in the 758-768 MHz band 
in accordance with the provisions of paragraph (a)(5) of this section, 
the power flux density that would be produced by such stations through 
a combination of antenna height and vertical gain pattern must not 
exceed 3000 microwatts per square meter on the ground over the area 
extending to 1 km from the base of the antenna mounting structure.
0
26. Section 90.543 is amended by revising the introductory paragraph 
and revising paragraphs (e) and (f) to read as follows:


Sec.  90.543  Emission limitations.

    Transmitters designed to operate in 769-775 MHz and 799-805 MHz 
frequency bands must meet the emission limitations in paragraphs (a) 
through (d) of this section. Transmitters operating in 758-768 MHz and 
788-798 MHz bands must meet the emission limitations in (e) of this 
section.
* * * * *
    (e) For operations in the 758-768 MHz and the 788-798 MHz bands, 
the power of any emission outside the licensee's frequency band(s) of 
operation shall be attenuated below the transmitter power (P) within 
the licensed band(s) of operation, measured in watts, in accordance 
with the following:
* * * * *.
    (f) For operations in the 758-775 MHz and 788-805 MHz bands, all 
emissions including harmonics in the band 1559-1610 MHz shall be 
limited to -70 dBW/MHz equivalent isotropically radiated power (EIRP) 
for wideband signals, and -80 dBW EIRP for discrete emissions of less 
than 700 Hz bandwidth. For the purpose of equipment authorization, a 
transmitter shall be tested with an antenna that is representative of 
the type that will be used with the equipment in normal operation.
* * * * *
0
27. Section 90.549 is revised to read as follows:


Sec.  90.549  Transmitter certification.

    Transmitters operated in the 758-775 MHz and 788-805 MHz frequency 
bands must be of a type that have been authorized by the Commission 
under its certification procedure as required by Sec.  90.203.
0
28. Section 90.555 is amended by revising paragraph (a) introductory 
text, and revising paragraphs (b)(1) and (2) and paragraph (c) to read 
as follows:


Sec.  90.555  Information exchange.

    (a) Prior notification. Public safety licensees authorized to 
operate in the 758-775 MHz and 788-805 MHz bands may notify any 
licensee authorized to operate in the 746-757 MHz or 776-787 MHz bands 
that they wish to receive prior notification of the activation or 
modification of the licensee's base or fixed stations in their area. 
Thereafter, the 746-757 MHz or 776-787 MHz band licensee must provide 
the following information to the public safety licensee at least 10 
business days before a new base or fixed station is activated or an 
existing base or fixed station is modified:
* * * * *
    (b) * * *
    (1) Allow a public safety licensee to advise the 746-757 or 776-787 
MHz band licensee whether it believes a proposed base or fixed station 
will generate unacceptable interference;
    (2) Permit 746-757 and 776-787 MHz band licensees to make voluntary 
changes in base or fixed station parameters when a public safety 
licensee alerts them to possible interference; and,
* * * * *
    (c) Public Safety Information Exchange. (1) Upon request by a 746-
757 or 776-787 MHz band licensee, public safety licensees authorized to 
operate radio systems in the 758-775 and 788-805 MHz bands shall 
provide the operating parameters of their radio system to the 746-757 
or 776-787 MHz band licensee.
    (2) Public safety licensees who perform the information exchange 
described in this section must notify the appropriate 746-757 or 776-
787 MHz band licensees prior to any technical changes to their radio 
system.

[FR Doc. 2013-08811 Filed 4-23-13; 8:45 am]
BILLING CODE 6712-01-P