[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63714-63716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22361]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket Nos. 12-94, 06-229, 06-150; FCC 16-117]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) addresses the 758-769/788-799 MHz band, which the 
Commission licensed to the First Responder Network Authority (FirstNet) 
on a nationwide basis pursuant to the provisions of the Middle Class 
Tax Relief and Job Creation Act of 2012. We provide a mechanism to 
facilitate the relocation of the public safety narrowband incumbents 
currently operating on FirstNet's spectrum. We also affirmatively 
decline at this time to impose specific build-out requirements on 
FirstNet as a condition of renewal of its license.

DATES: Effective October 17, 2016.

FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy and 
Licensing Division, Public Safety and Homeland Security Bureau, (202) 
418-1428.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in PS Docket No. 12-94, FCC 16-117, adopted on August 24, 
2016 and released on August 25, 2016. The document is available for 
download at http://fjallfoss.fcc.gov/edocs_public/. The complete text 
of this document is 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 & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).
    1. In 2013, the Commission's Notice of Proposed Rulemaking (NPRM) 
sought comment on implementation of certain provisions of the Public 
Safety Spectrum Act, including how to relocate narrowband incumbents 
operating on the spectrum licensed to FirstNet, and how to address 
FirstNet's renewal expectations, including whether FirstNet should be 
subject to Commission-initiated build-out requirements.
    2. In the Report and Order, the Commission permits narrowband 
incumbents to remain on FirstNet's licensed spectrum until August 31,

[[Page 63715]]

2017, after which they will be required to vacate absent FirstNet's 
express consent to remain longer. In addition, the Commission prohibits 
continued operation by incumbents that have either previously 
discontinued operations or that are no longer in operation after the 
effective date of the Report and Order, and prohibits all narrowband 
incumbents from deploying additional facilities on FirstNet's licensed 
spectrum beyond those currently deployed as of the adoption date of the 
Report and Order. Accordingly, as of the adoption date of the Report 
and Order, the Commission terminates all authority to initiate new 
deployments pursuant to waivers previously granted by the Commission or 
Bureau, which had authorized deployment beyond the 2007 deadline.
    3. The Commission states specifies that under existing rules, any 
TV studio-transmitter links, TV relay stations, and TV translator relay 
stations operating on the FirstNet spectrum under Part 74, subpart G of 
the Commission's rules must cease operations within 120 days of 
receiving notice from FirstNet.
    4. The Commission concludes that there is no need or legal basis at 
this time for it to play a role in resolving disputes between FirstNet 
and incumbent licensees over relocation costs. The Commission also 
finds there is no need at this time to establish additional Commission 
rules to ensure rural coverage or any of the other requirements for 
renewal of FirstNet's license.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    5. The Final Regulatory Flexibility Analysis required by section 
604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix D of the Report and Order.

B. Paperwork Reduction Act of 1995 Analysis

    6. The Report and Order document does not contain new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13.

Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated into the NPRM 
of this proceeding. The Commission sought written public comment on the 
IRFA. The RFA requires that an agency prepare a regulatory flexibility 
analysis for notice-and-comment rulemaking proceedings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' The RFA generally defines ``small entity'' as having the 
same meaning as the terms ``small business,'' ``small organization,'' 
and ``small governmental jurisdiction.'' In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. 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). The present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

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

    8. In the Report and Order, we regulate the transition of different 
classes of incumbents now occupying portions of the spectrum to be 
licensed to FirstNet. These actions are based on our established 
authority under the Communications Act to regulate use of the spectrum 
consistent with the public interest, convenience and necessity 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.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    9. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    10. 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 proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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 SBA.
    11. 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. 
First, nationwide, there are a total of approximately 27.5 million 
small businesses, according to the SBA. 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.'' 
Nationwide, as of 2007, there were approximately 1,621,315 small 
organizations. 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.'' Census Bureau data for 2011 indicate that 
there were 89,476 local governmental jurisdictions in the United 
States. We estimate that, of this total, as many as 88,506 entities may 
qualify as ``small governmental jurisdictions.'' Thus, we estimate that 
most governmental jurisdictions are small.
    12. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Licensees include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services. For 
the purpose of determining whether a Public Safety Radio Licensee is a 
small business as defined by the SBA, we use the broad census category, 
Wireless Telecommunications Carriers (except Satellite). This 
definition provides that a small entity is any such entity employing no 
more than 1,500 persons. 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. 
There are 2,442 licenses in the 4.9 GHz band, based on an FCC Universal 
Licensing System search of May 23, 2012. We estimate that fewer than 
2,442 public safety radio licensees hold these licenses because certain 
entities may have multiple licenses.
    13. 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

[[Page 63716]]

800 MHz NPSPAC public safety spectrum as required by the Federal 
Communications Commission.'' 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.'' There are 54 formed 
RPCs and one unformed RPC. 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 than 1,500 persons. Under this category and size standard, we 
estimate that all of the RPCs and the NRPC can be considered small.
    14. Radio and Television Broadcasting and Wireless Communications 
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.'' 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 fewer than 100 employees 
and 148 had more than 100 employees. Thus, under that size standard, 
the majority of firms can be considered small.

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

    15. Our actions will not require any reporting, recordkeeping or 
other compliance requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching 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 or reporting requirements under the rule for 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 small 
entities.
    17. Nonetheless, we recognized there may arguably be a significant 
number of small entities currently operating in FirstNet's spectrum 
that would need relocation. Thus, one mechanism the Commission 
considered to minimize the economic burden on incumbent operators was 
to consider whether FirstNet or some third party source could fund 
relocation, thereby relieving any incumbent small entities of this 
potentially substantial economic burden. It also evaluated whether 
FirstNet could accommodate incumbent narrowband operations within a 
portion of its licensed spectrum, either indefinitely or on a 
transitional basis.

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

    18. None.

G. Report to Congress

    19. The Commission will not send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
Commission did not adopt any rules of particular applicability.

Ordering Clauses

    20. Accordingly, it is ordered that, pursuant to sections 1, 4(i), 
4(j), 301, 303, and 316 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 154(j), 301, 303, 316, as well as Title VI of 
the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 
112-96, 126 Stat. 156, the Report and Order is hereby adopted.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-22361 Filed 9-15-16; 8:45 am]
 BILLING CODE 6712-01-P