[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66312-66313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26429]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[DA 14-1507]


Unlicensed Personal Communications Services Devices in the 1920-
1930 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission revises its rules. The 
practical effect of this decision is that applicants for certification 
of Unlicensed Personal Communications Service (UPCS) devices will no 
longer be required to be members of UTAM, Inc. (UTAM).

DATES: Effective November 7, 2014.

FOR FURTHER INFORMATION CONTACT: Patrick Forster, Senior Engineer, 
(202) 418-7061, Policy and Rules Division, Office of Engineering and 
Technology, (202) 418-2290, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
adopted October 20, 2014, and released October 20, 2014, DA 14-1507. 
The full text of this document is available on the Commission's 
Internet site at www.fcc.gov. It is also available for inspection and 
copying during regular business hours in the FCC Reference Center (Room 
CY-A257), 445 12th Street SW., Washington, DC 20554. The full text of 
this document also may be purchased from the Commission's duplication 
contractor, Best Copy and Printing Inc., Portals II, 445 12th St. SW., 
Room CY-B402, Washington, DC 20554; telephone (202) 488-5300; fax (202) 
488-5563; email [email protected].

Summary of the Order

    1. The Order revises part 15 subpart D of the Commission's rules to 
remove and reserve Sec.  15.307. As a result of this decision, 
applicants for certification of Unlicensed Personal Communications 
Service (UPCS) devices will no longer be required to be members of 
UTAM, Inc. (UTAM). The Commission took the action to eliminate the rule 
without notice and comment procedures pursuant to section 553(b)(b) of 
the Administrative Procedures Act (5 U.S.C. 553(b)(B)).
    2. Section 15.307 has served, along with other Commission actions, 
to ensure that UTAM is reimbursed for the costs it incurred in clearing 
the 1910-1930 MHz band of incumbent microwave licensees. In a letter 
submitted to the Commission, UTAM indicated that this objective had 
been met. The Commission agreed, and concluded that the rule no longer 
served its intended purpose. Moreover, because UTAM's board of 
directors had proposed to its membership a plan of dissolution and 
cessation of all corporate activities, the Commission anticipated that 
it would soon become impossible for UPCS device manufacturers to 
satisfy Sec.  15.307's membership requirement.
    3. In 1993, the Commission reallocated the 1910-1930 MHz band from 
the Private Operational Fixed Microwave Service (POFS) to UPCS use. As 
part of this reallocation, the Commission designated UTAM to manage the 
transition of the 1910-1930 MHz band from POFS to UPCS use. Under the 
relocation funding plan approved by the Commission, UTAM would pay to 
relocate or agree to share the costs to relocate incumbent services in 
the band, and future UPCS device manufacturers would reimburse UTAM for 
their share of the incurred costs. The UPCS device manufacturers would 
reimburse UTAM via a fee for each device sold (which UTAM subsequently 
eliminated), as well as a membership fee set by UTAM. To ensure that 
UTAM received this reimbursement, the Commission required--via Sec.  
15.307--that each application for certification of UPCS equipment be 
accompanied by an affidavit from UTAM certifying that the applicant was 
a member of UTAM.
    4. In 2004, the Commission re-designated the 1910-1915 MHz and 
1915-1920 MHz bands from UPCS use to Broadband PCS and Advanced 
Wireless Service (AWS) operations, respectively. As part of the 1910-
1915 MHz band re-designation, the Commission determined that UTAM was 
entitled to a reimbursement from Nextel Communications, Inc. (the 1910-
1915 MHz band licensee) for 25 percent--on a pro rata basis--of the 
total relocation costs it had incurred in clearing the 1910-1930 MHz 
band of incumbent microwave stations. In 2007, Sprint Nextel Corp. 
(successor to Nextel), reimbursed UTAM for these costs.
    5. Similarly, as part of the 1915-1920 MHz band re-designation, the 
Commission determined that UTAM was entitled to a reimbursement from 
the future AWS licensee(s) in the 1915-1920 MHz AWS-2 band for 25 
percent--on a pro rata basis--of the total relocation costs it had 
incurred in

[[Page 66313]]

clearing the 1910-1930 MHz band of incumbent microwave stations. On May 
29, 2014, DISH, the sole licensee in the 1915-1920 MHz band, reimbursed 
UTAM for these costs.
    6. Based on the reimbursements paid by Sprint and DISH, as well as 
the membership and device fees that had been paid by UPCS device 
manufacturers, UTAM determined that it could satisfy all of its 
financial obligations associated with clearing the entire 1910-1930 MHz 
band. Accordingly, it prepared a plan of dissolution and cessation of 
all corporate activities. It also asked the Commission to suspend 
enforcement of Sec.  15.307 pending administrative action to eliminate 
the rule in its entirety.
    7. The Commission found that there was good cause to eliminate the 
rule in its entirety. UTAM no longer needed the reimbursement funds 
that Sec.  15.307 was designed to provide, continued application of the 
rule would impose an unnecessary financial burden on UPCS device 
manufacturers who may seek to develop new and innovative products, and 
it would no longer be possible to comply with the rule once UTAM 
dissolved. The Commission further determined that it could take action 
to eliminate the rule without notice and comment rulemaking procedures, 
pursuant to section 553(b)(B) of the Administrative Procedure Act. 
Among other things, section 553(b)(B) establishes an exception to the 
notice-and-comment requirement for cases in which the Commission finds 
good cause for concluding that notice and comment are ``unnecessary.'' 
The Commission found that because Sec.  15.307 no longer had any 
purpose now that the relocation reimbursement obligations have been 
satisfied and UTAM would be disbanding, the provisions of section 
553(b)(B) were applicable to this situation.
    8. The Commission removed and reserved Sec.  15.307, effective upon 
publication of the Order in the Federal Register. Until that time, and 
effective immediately, the Commission stayed the effectiveness of the 
rule. The Commission took these actions under the delegated authority 
granted to the Office of Engineering and Technology. Thus, upon release 
of the Order, it was no longer necessary for applicants for equipment 
certification of UPCS devices to obtain and submit to the Commission 
certification of membership in UTAM pursuant to Sec.  15.307 of our 
rules.

Congressional Review Act

    9. Because the Order was adopted without notice and comment, the 
Regulatory Flexibility Act does not apply, see 5 U.S.C. 601, et seq. 
The Commission will not send a copy of the Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the rules 
are of a particular applicability.

Paperwork Reduction Analysis

    10. This document does not contain any new or modified information 
collections subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13.

Ordering Clauses

    11. Pursuant to sections 4(i) and 303(r) of the Communications Act 
of 1934, as amended, 47 U.S.C. 154(i) and 303(r), the Order is hereby 
adopted and part 15 of the Commission's rules is amended as set forth 
in the Final Rules effective upon publication in the Federal Register.

List of Subjects in 47 CFR Part 15

    Communications equipment, Radio, Reporting, and Recordkeeping.

Federal Communications Commission.
Julius P. Knapp,
Chief, Office of Engineering and Technology.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 15 as follows:

PART 15--RADIO FREQUENCY DEVICES

0
1. The authority citation for part 15 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a.


Sec.  15.307  [Removed and Reserved]

0
2. Section 15.307 is removed and reserved.

[FR Doc. 2014-26429 Filed 11-6-14; 8:45 am]
BILLING CODE 6712-01-P