[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23498-23499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10666]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 27

[WT Docket No. 19-116; FCC 19-43]


Allocation and Service Rules for the 1675-1680 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
corrections certain typographical errors in the Commission's rules to 
provide the correct cross reference to the emission limits measurement 
procedures applicable to certain wireless communications services.

DATES: Effective May 22, 2019.

FOR FURTHER INFORMATION CONTACT: Anna Gentry, [email protected], of 
the Wireless Telecommunications Bureau, Mobility Division, (202) 418-
7769.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in WT Docket No. 19-116, FCC 19-43, adopted on May 9, 2019 and released 
on May 13, 2019. The complete text of this document is available for 
viewing via the Commission's ECFS website by entering the docket 
number, WT Docket No. 19-116. The complete text of this document is 
also available for public inspection and copying from 8:00 a.m. to 4:30 
p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 
11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 
12th Street SW, Room CY-B402, Washington, DC 20554, telephone 202-488-
5300, fax 202-488-5563.

I. Order

    By this Order, the Commission corrects paragraphs (j)(1) and (k) of 
Sec.  27.53 of the Commission's rules \1\ to update each paragraphs' 
incorrect cross-reference to the section's paragraph (a)(4). The 
Commission had inadvertently failed to update those cross-references in 
2010 when it renumbered paragraph (a)(4) as (a)(5). Section 27.53 
addresses the emission limits for various Part 27 services, and, 
according to the current language of paragraphs (j)(1) and (k), 
compliance with the emission limits for the bands identified in those 
paragraphs ``is based on the procedures described in paragraph (a)(4) 
of this [S]ection.'' \2\ Paragraph (a)(4), however, does not contain 
any such procedures; rather, it sets forth wattage amounts by which the 
power of certain emissions must be attenuated. The next subparagraph in 
paragraph (a)--i.e., paragraph (a)(5)--is entitled ``Measurement 
procedure'' and contains the compliance procedures that paragraphs (j) 
and (k) had referenced before the Commission added paragraph (a)(4) in 
2010.\3\ At that time, when the Commission renumbered the old paragraph 
(a)(4) as (a)(5) to accommodate the new paragraph (a)(4), it neglected 
to update the paragraphs (j)(1) and (k) cross-reference to the 
provision that had been renumbered as paragraph (a)(5). And since that 
time, paragraphs (j)(1) and (k) have continued to refer incorrectly to 
paragraph (a)(4) as containing the measurement procedures for 
compliance, rather than paragraph (a)(5). The Commission therefore 
corrects this error by amending paragraphs (j)(1) and (k) to change the 
cross-reference to paragraph (a)(5).
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    \1\ 47 CFR 27.53(j)(1), (k).
    \2\ Id.
    \3\ Amendment of Part 27 to Govern the Operation of Wireless 
Communications Services in the 2.3 GHz Band, 25 FCC Rcd 11710, 11845 
(2010), Appendix B.
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    The Commission finds it appropriate to forego a notice-and-comment 
period prior to this Order taking effect, given the administrative 
nature and limited impact of this rule correction. The Administrative 
Procedure Act (APA) provides that notice procedures are not required 
where ``the agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefor in the rules issued) that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.'' \4\ Here, the Commission finds, for 
good cause, that using such procedure to correct an outdated cross-
reference in paragraphs (j)(1) and (k) of Sec.  27.53--an inadvertent 
error that arose out of the failure to make a ministerial adjustment to 
the cross-reference when the subparagraphs of that section's paragraph 
(a) were renumbered--is unnecessary and contrary to the public interest 
because it would needlessly prolong an obvious inaccuracy in the rules, 
delay the return of the rules' language to its clearly intended 
meaning, and fail to yield any of the public interest benefits that 
notice and comment procedures are designed to produce. The APA also 
requires publication of a substantive rule at least 30 days before its 
effective date ``except as otherwise provided by the agency for good 
cause found and published with the rule.'' \5\ For the same reasons 
that the Commission foregoes notice-and-comment procedures, the 
Commission finds good cause to make this correction to Sec.  
27.53(j)(1) and (k) effective immediately upon publication in the 
Federal Register.
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    \4\ 5 U.S.C. 553(b)(B).
    \5\ Id. Sec.  553(d)(3).
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List of Subjects in 47 CFR Part 27

    Communications common carriers, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
Marlene Dortch,
Secretary.

    For reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 27 as follows:

[[Page 23499]]

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
1. The authority citation for part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.


0
2. Section 27.53 is amended by revising paragraphs (j)(1) and (k) to 
read as follows:


Sec.  27.53  Emission limits.

* * * * *
    (j)(1) For operations in the unpaired 1390-1392 MHz band and the 
paired 1392-1395 MHz and 1432-1435 MHz bands, the power of any emission 
outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(5) of this section.
* * * * *
    (k) For operations in the 1670-1675 MHz, the power of any emission 
outside the licensee's frequency band(s) of operation shall be 
attenuated below the transmitter power (P) by at least 43 + 10 log (P) 
dB. Compliance with these provisions is based on the procedures 
described in paragraph (a)(5) of this section.
* * * * *

[FR Doc. 2019-10666 Filed 5-21-19; 8:45 am]
BILLING CODE 6712-01-P