[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Proposed Rules]
[Pages 73696-73697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30111]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket 12-94, PS Docket 06-229, WT Docket No. 06-150, DA 15-1253]


Public Safety and Homeland Security Bureau Seeks Comment on 
FirstNet's Incumbent Relocation Proposal

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks comment on the ex parte proposal made by 
the First Responder Network Authority (FirstNet) to facilitate the 
relocation of incumbent public safety communications systems operating 
in the 758-769/788-799 MHz spectrum band (Band 14) in advance of the 
deployment and operation of FirstNet's nationwide broadband public 
safety network (NPSBN).

DATES: Comments are due on or before December 9, 2015.

ADDRESSES: See the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Brian Marenco, Policy and Licensing 
Division, Public Safety and Homeland Security Bureau, (202) 418-0838.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 15-1253, released on November 5, 2015. The document is 
available for download at http://fjallfoss.fcc.gov/edocs_public/. The 
complete text of this document also available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 
20554. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).
    1. On October 20, 2015, FirstNet filed an ex parte letter stating 
that its Board recently approved a Spectrum Relocation Grant Program 
designed to facilitate the relocation of Band 14 incumbents, and that 
it expects a Federal Funding Opportunity for the grant program to be 
released in early 2016. FirstNet further requests ``that the 
continuation of Commission licenses or other authorizations under Band 
14 by any incumbent be conditioned upon the requirement that no 
operation on Band 14 be permitted without the express consent of 
FirstNet after July 31, 2017.'' FirstNet also requests that ``[i]n 
addition or in the alternative, . . . the Commission consider 
conditioning any continued operation on Band 14 on the cessation of all 
operations on Band 14 within 90 days written notice to the Band 14 
incumbent(s) from FirstNet that deployment of the NPSBN is to begin in 
its State.''
    2. In its 2013 Notice of Proposed Rulemaking in these dockets, the 
Commission sought comment ``on the appropriate mechanism to transition 
incumbent narrowband operators out of [Band 14] and on the timeframe by 
which such a transition should be accomplished,'' 78 FR 24138, April 
24, 2013. Specifically, the Commission asked whether it could require 
FirstNet to manage this transition process, or to provide funds for the 
process, and whether the Commission should establish a hard deadline by 
which relocation should be accomplished. While the Commission has 
already received comments on these issues, it believes that seeking 
expedited comment on FirstNet's more specific request will help ensure 
a complete and comprehensive record, and is consistent with FirstNet's 
expectation of release of a Federal Funding Opportunity for its related 
grant program in early 2016. Accordingly, the Commission seeks comment 
on FirstNet's request in light of the 2013 Notice and the associated 
record.
    3. Interested parties may file comments until fourteen days after 
the publication of this document in the Federal Register. All pleadings 
are to reference PS Docket 12-94, PS Docket 06-229 and WT Docket No. 
06-150. This proceeding is a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules.

[[Page 73697]]

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 Sec.  1.1206(b). In proceedings governed by 
Sec.  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.
    4. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties that choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    5. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington DC 20554.
    6. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
    7. For further information, contact: Roberto Mussenden, Policy 
Division, Public Safety and Homeland Security Bureau, at (202) 418-1428 
or [email protected].

Federal Communications Commission.
David L. Furth,
Deputy Bureau Chief, Public Safety and Homeland Security Bureau.
[FR Doc. 2015-30111 Filed 11-24-15; 8:45 am]
 BILLING CODE 6712-01-P