[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Rules and Regulations]
[Pages 42701-42702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17058]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket Nos. 05-62 and 02-55; FCC 13-85]


Improving Public Safety Communications in the 800 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) modifies the freeze on new authorizations in the Business 
and Industrial Land Transportation (B/ILT) Pool in the 896-901 MHz/935-
940 MHz band (900 MHz B/ILT Band) to allow a qualified entity to file 
an application for a new authorization in any given National Public 
Safety Planning Advisory Committee (NPSPAC) region before Sprint 
Nextel's 800 MHz rebanding efforts are complete in that region. This 
action will allow qualified applicants to gain access to 900 MHz B/ILT 
spectrum without unnecessary delay, and promote spectrum efficiency, by 
allowing access to spectrum that may otherwise be unused during the 800 
MHz rebanding process.

DATES: Effective August 16, 2013.

FOR FURTHER INFORMATION CONTACT: Joyce Jones, Mobility Division, 
Wireless Telecommunications Bureau, [email protected], (202) 418-
1327, TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, in WT Docket Nos. 05-62 and 02-55, FCC 13-85, 
adopted June 21, 2013, and released on June 24, 2013. The complete text 
of this document may be downloaded from the FCC Web site (http://www.fcc.gov) at http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0625/FCC-13-85A1.pdf. This document and all related 
Commission documents are also available for inspection and copying 
during normal business hours in the FCC Reference Center, 445 12th 
Street SW., Washington, DC 20554. A copy of the complete text may also 
be purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 
20554. Alternative formats are available to persons with disabilities 
by sending an email to [email protected] or by calling the Consumer & 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).

Synopsis of the Report and Order

    1. In this document, the Commission grants, in accordance with the 
terms set forth in the Order on Reconsideration, the unopposed joint 
request for clarification or limited reconsideration filed by the 
Enterprise Wireless Alliance (EWA) and Sprint Nextel Corporation 
(Sprint Nextel) (collectively, ``Petitioners'') with respect to one 
aspect of the Report and Order, 73 FR 67794, November 17, 2008, in this 
proceeding, to allow a qualified entity to file an application for a 
new authorization in any given National Public Safety Planning Advisory 
Committee (NPSPAC) region before Sprint Nextel's 800 MHz rebanding 
efforts are complete in that region.

Background

    2. The 900 MHz B/ILT Pool channels are licensed for the private 
internal communication needs of site-by-site licensees engaged in a 
variety of endeavors, from commercial (e.g., land transportation, 
manufacturing, energy) to non-commercial (e.g., clerical, educational, 
philanthropic, medical). In 2004, the Commission launched its 800 MHz 
rebanding initiative through the 800 MHz R&O. See Report and Order (800 
MHz R&O), 69 FR 67823, November 22, 2004; Supplemental Report and Order 
on Reconsideration (800 MHz Supplemental R&O), 70 FR 6758, February 8, 
2005. Shortly thereafter, the Wireless Telecommunications Bureau 
(Bureau) issued a Public Notice, freezing acceptance of applications 
for new 900 MHz B/ILT licenses until further notice (a freeze that has 
remained in place continuously since then). See Public Notice, 19 FCC 
Rcd 18277 (2004).
    3. In 2005, the Commission affirmed the freeze, in light of the 
fundamental changes it was proposing in the service areas and channel 
blocks for future licenses in the 900 MHz B/ILT service. See Notice of 
Proposed Rulemaking and Memorandum Opinion and Order, 70 FR 13143, 
March 18, 2005.
    4. In 2008, the Commission declined to adopt the proposed changes 
and found that a wholesale freeze on applications for new 900 MHz B/ILT 
authorizations was no longer necessary. The Commission lifted the 
freeze in each NPSPAC region six months after rebanding was completed 
in that particular NPSPAC region, concluding that such an approach best 
balanced the demands for 900 MHz B/ILT spectrum, including the ongoing 
needs of Sprint Nextel for access to this spectrum to support its 
rebanding efforts. See Report and Order, 73 FR 67794, November 17, 
2008.
    5. Discussion. The Commission concludes that linking the lifting of 
the freeze to Sprint Nextel's concurrence--rather than to the 
completion of rebanding in a given NPSPAC region--is a more 
appropriately tailored approach for protecting the integrity of the 
rebanding process. The Commission finds that implementing this change 
will maximize effective use of this spectrum by permitting the 
initiation of new B/ILT service without unnecessary delay. While the 
Commission originally found that the delay was necessary as a component 
of the flexibility that Sprint Nextel required in order to fulfill its 
rebanding obligations, it finds that with Sprint Nextel's concurrence, 
the delay is no longer necessary. In addition, since the Commission 
launched its rebanding initiative in 2004, rebanding has only recently 
been completed in 11 out of 55 NPSPAC regions. Further, during this 
time, the Commission received 29 requests for waiver of the freeze. The 
Petitioners' requested relief would likely supplant the need for such 
filings and the associated paperwork burdens and adjudication costs. 
Accordingly, the Commission concludes that the public interest would be 
best served by lifting the freeze in NPSPAC regions that are still 
undergoing the rebanding process, or that are still within the six-
month period after completion thereof, for any application for new 900 
MHz B/ILT service that includes written concurrence from Sprint Nextel. 
Thus, the Commission clarifies that its relief extends regardless of 
the status of rebanding in a particular NPSPAC region, so long as the 
application includes such concurrence.
    6. In all other respects, the Commission retains the policy adopted 
in the Report and Order that the freeze will be lifted in a NPSPAC 
region six months after rebanding is complete in that particular NPSPAC 
region. The Commission's action does not affect any

[[Page 42702]]

of the other conditions of lifting the freeze noted in the Report and 
Order.

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    7. The Order on Reconsideration does not contain new or modified 
information collection requirements 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).

B. Congressional Review Act

    8. The Commission will send a copy of the Order on Reconsideration 
in a report to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

C. Final Regulatory Flexibility Analysis

    9. In the Report and Order, the Commission determined that the 
rules adopted there would not, under the Regulatory Flexibility Act of 
1980, as amended (RFA),\1\ have a ``significant economic impact on a 
substantial number of small entities.'' \2\ The rules adopted generally 
inured to the benefit of small businesses, in that they minimized the 
expense of resolution of interference complaints and allowed all 
entities, including small businesses, to apply, once again, for 
unencumbered 900 MHz B/ILT spectrum. See Report and Order, 73 FR 67794, 
November 17, 2008. We received no petitions for reconsideration of that 
Final Regulatory Flexibility determination. In this present Order on 
Reconsideration, the Commission promulgates no additional final rules, 
and our present action, therefore, does not alter our previous 
determination under the RFA.
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    \1\ The RFA, see 5 U.S.C. 601-612, has been amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ 5 U.S.C. 605(b).
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II. Ordering Clauses

    10. Pursuant to sections 1, 4(i), 303, 309, 316, 332, and 405 of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 
309, 316, 332, and 405, the Order on Reconsideration is hereby adopted. 
The Order on Reconsideration shall become effective August 16, 2013.
    11. The Commission shall send a copy of the Order on 
Reconsideration in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
    12. The Joint Request for Clarification or, in the Alternative, for 
Limited Reconsideration filed jointly by the Enterprise Wireless 
Alliance and Sprint Nextel Corporation on December 17, 2008, is hereby 
granted, under the conditions set forth in this Order on 
Reconsideration.
    13. The freeze placed on applications for new 900 MHz Business/
Industrial Land Transportation licenses by Public Notice, September 17, 
2004, is hereby modified, under the conditions set forth in this Order 
on Reconsideration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-17058 Filed 7-16-13; 8:45 am]
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