[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Proposed Rules]
[Pages 53124-53126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21040]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 27 and 90

[PS Docket No. 12-94; PS Docket No. 06-229; and WT Docket No. 06-150; 
DA 13-1775]


First Responder Network Authority Filing

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On August 19, 2013, the Public Safety and Homeland Security 
Bureau of the Federal Communications Commission (Commission) released a 
public notice inviting public comment on a filing submitted by the 
First Responder Network Authority (FirstNet) on August 2, 2013, in PS 
Docket 12-94. The filing addressed consolidation of technical service 
rules for the 758-769 and 788-799 MHz bands,

DATES: Submit comments on or before September 4, 2013.

ADDRESSES: You may submit comments, identified by PS Docket 12-94, by 
any of the following methods:
    [ssquf] Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
    [ssquf] Mail.
    [ssquf] People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format 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 Procedural Matters 
section of this document.

FOR FURTHER INFORMATION CONTACT: Gene Fullano, Federal Communications 
Commission, Public Safety and Homeland Security Bureau, at (202)-418-
0492 or [email protected]; or Brian Hurley, Federal Communications 
Commission, Public Safety and Homeland Security Bureau, at (202)-418-
2220 or [email protected].

SUPPLEMENTARY INFORMATION: The Public Safety and Homeland Security 
Bureau of the Federal Communications Commission provides seven days for 
public comment on matters raised by the First Responder Network 
Authority (FirstNet) in its August 2, 2013, filing in PS Docket 12-
94.\1\ FirstNet's filing responds to a Notice of Proposed Rulemaking 
(NPRM) that seeks comment on, among other matters, the consolidation 
into Part 90 of technical service rules for the 758-769 and 788-799 MHz 
bands, which, heretofore, have been subject to regulation under both 
Parts 27 and 90.\2\ The rules at issue include power, emission, and 
field strength limits and interference coordination procedures designed 
to prevent interference to operations of other Commission licensees. 
This proposed rule consolidation is intended to ``facilitate the 
transition'' of spectrum to the First Responder Network Authority 
(FirstNet), the entity licensed to establish a nationwide public safety 
broadband network using both the public safety broadband spectrum (763-
768/793-798 MHz) and the adjacent ``D Block'' (758-763/788-793 MHz) 
previously slated for commercial auction.\3\ In proposing this rule 
consolidation, the Commission further directed its Office of 
Engineering and Technology (OET) to suspend its acceptance and 
processing of applications for equipment authorization in these bands 
pending the adoption of technical service rules applicable to the 
combined band.\4\
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    \1\ The Bureau takes this action pursuant to its delegated 
authority. See 47 CFR 0.392. As noted elsewhere herein, the short 
time frame provided by this notice is warranted in light of the 
pressing need recognized by FirstNet and other commenters for 
expedition on reinitiating the currently suspended equipment 
authorization process. Moreover, this notice follows a full NPRM 
comment period. Accordingly, parties should submit any new arguments 
now in order to facilitate prompt action by the Commission.
    \2\ See Implementing Public Safety Broadband Provisions of the 
Middle Class Tax Relief and Job Creation Act of 2012, PS Docket No. 
12-94, Notice of Proposed Rulemaking, 28 FCC Rcd 2715 (2013) 
(Technical Service Rules NPRM), published in the Federal Register 
April 24, 2013 (78 FR 24138). The comment cycle closed on June 10, 
2013.
    \3\ See id. at 2716, 2721 ]] 2, 17; see also 47 U.S.C. 1424 
(2012) (establishing FirstNet). FirstNet's license also includes the 
768-769/798-799 MHz band, id. 1401(14), 1421(a), which is currently 
designated under Commission rules as a guard band separating the 
broadband and narrowband segments of the 700 MHz public safety 
spectrum. See 47 CFR 90.531(f).
    \4\ See id. at 2725-26 ] 33.
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    In its filing, FirstNet supports ``consolidating the technical 
requirements for the former D Block into Part 90 of the Commission's 
Rules'' and recommends that the Commission ``act quickly to amend its 
technical service rules to enable FirstNet to expedite the deployment 
of'' its network.'' \5\ Additionally, FirstNet urges ``swift Commission 
action to begin accepting and processing equipment authorizations in 
the newly combined spectrum,'' citing ``an imminent need for authorized 
equipment to meet the needs of jurisdictions that may deploy early'' in 
FirstNet's licensed spectrum under spectrum leases. FirstNet has 
already entered lease agreements with the Los Angeles Regional 
Interoperable Communications System (LA-RICS) and the State of New 
Mexico, and it has stated its intention to execute similar agreements 
with other public safety jurisdictions in the near future.\6\ While

[[Page 53125]]

FirstNet supports Commission action to ``expedite a process'' for 
equipment authorization to support these early deployments, it cautions 
that ``the equipment market will need to evolve once the architecture 
for the nationwide public safety broadband network has been set.''\7\
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    \5\ See Comments of the First Responder Network Authority 
(FirstNet), PS Docket 12-94 at 4 (Aug. 2, 2013).
    \6\ See National Telecommunications and Information 
Administration, FirstNet Approves Resolutions on Spectrum Lease 
Agreement with LA-RICS and Personnel Acquisition Strategy, http://www.ntia.doc.gov/press-release/2013/firstnet-approves-resolutions-spectrum-lease-agreement-la-rics-and-personnel-acqu (last visited 
Aug. 15, 2013); National Telecommunications and Information 
Administration, FirstNet Approves Spectrum Lease Agreement with New 
Mexico; Provides Status Update on Remaining Projects, http://www.ntia.doc.gov/press-release/2013/firstnet-approves-spectrum-lease-agreement-new-mexico-provides-status-update-rema (last visited 
Aug. 15, 2013). According to FirstNet the lease with LA-RICS is the 
first such agreement between FirstNet and one of the seven public 
safety Broadband Technology Opportunities Program grantees. These 
include: the Adams County (Colorado) Communications Center, the City 
of Charlotte (North Carolina), the Executive Office of the State of 
Mississippi, the Los Angeles Regional Interoperable Communications 
System Authority, Motorola Solutions, Inc. (the Bay Area Regional 
Interoperable Communications Systems Authority (BayRICS), San 
Francisco Bay area), the New Jersey Department of the Treasury, and 
the New Mexico Department of Information Technology. See id. 
FirstNet is also engaged in lease negotiations with the State of 
Texas, which holds a Special Temporary Authorization (STA) from the 
Commission to pursue early deployment in the band of a public safety 
network that ``support[s] specific public safety needs.'' See 
Implementing Provisions of the Middle Class Tax Relief and Job 
Creation Act of 2012, PS Docket 12-94, Order, DA 13-319 at 2 ] 
5(PSHSB 2013). The Commission granted this STA for ``limited 
deployment'' of a public safety broadband network within Harris 
County, Texas, ``as FirstNet prepares to commence its nationwide 
deployment.'' Id. at 1 ] 2
    \7\ Comments of FirstNet at 3.
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    The full text of FirstNet's filing is available in PS Docket 12-94 
in the Commission's Electronic Comment Filing System (ECFS), http://apps.fcc.gov/ecfs.
    Procedural Matters: The proceeding has been designated a ``permit-
but-disclose'' proceeding in accordance with the Commission's rules.\8\ 
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 rule 1.1206(b). In proceedings governed by 
rule 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.
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    \8\ See Technical Service Rules NPRM, 28 FCC Rcd at 2733-34 ] 
62.
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    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments by the date 
referenced above. All filings should refer to PS Docket No. 12-94. 
Comments may be filed: (1) Using the Commission's Electronic Comment 
Filing System (ECFS), or (2) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    Comments filed in response to this Public Notice will be available 
for public inspection and copying in the Commission's Reference Center, 
Room CY-A257, 445 12th Street SW., Washington, DC 20554, and via the 
Commission's Electronic Comment Filing System (ECFS) by entering the 
docket number, PS Docket No. 12-94. Copies of the request are also 
available from Best Copy and Printing, Inc., telephone (800) 378-3160, 
facsimile (301) 816-0169, email [email protected].
    Comments may be filed using the ECFS or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 
(1998). Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only 
one copy of an electronic submission must be filed. If multiple docket 
or rulemaking numbers appear in the caption of this proceeding, 
however, commenters must transmit one electronic copy of the comments 
to each docket or rulemaking number referenced in the caption. In 
completing the transmittal screen, commenters should include their full 
name, U.S. Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet email. To get filing instructions for email comments, 
commenters should send an email to [email protected], and should include the 
following words in the body of the message, ``get form.'' A sample form 
and directions will be sent in reply.
    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, commenters must submit two 
additional copies for each additional docket or rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission, 
as follows:

--All hand-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. All hand deliveries must be held together with 
rubber bands or fasteners. Envelopes must be disposed of before 
entering the building. The filing hours at this location are 8:00 a.m. 
to 7:00 p.m. Please Note: This is the only location where hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary will be accepted. The Commission's former filing location at 
236 Massachusetts Ave. NE., is permanently closed.
--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 mail, Express Mail, and Priority Mail 
should be addressed to 445 12th Street SW., Washington, DC 20554.
--All filings must be addressed to the Commission's Secretary, Office 
of the Secretary, Federal Communications Commission.

Parties are requested to send one copy of their comments and reply 
comments to Best Copy and Printing, Inc., Portals II, 445 12th Street 
SW., Room CY-B402, Washington, DC 20554, (800) 378-3160, email 
[email protected].
    Alternate formats of this Public Notice (computer diskette, large 
print, audio

[[Page 53126]]

recording, and Braille) are available to persons with disabilities by 
contacting the Consumer & Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY), or send an email to [email protected]

Federal Communications Commission.
Lisa M. Fowlkes,
Deputy Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2013-21040 Filed 8-27-13; 8:45 am]
BILLING CODE 6712-01-P