[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29083-29085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12984]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WP Docket Nos. 15-32, 16-261, RM-11572, RM-11719, RM-11722, FCC 18-
143]


Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz 
Band Between 809-817/854-862 MHz; Improve Access to PLMR Spectrum; Land 
Mobile Communications Council

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of compliance date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved the information collections 
associated with the rules for central station alarm channels and 800 
MHz interstitial channels contained in the Commission's Report and 
Order and Order FCC 18-143, and that compliance with the modified rules 
is now required. It removes paragraphs advising that compliance was not 
required until OMB approval was obtained. This document is consistent 
with Report and Order and Order FCC 18-143, which states the Commission 
will publish a document in the Federal Register announcing a compliance 
date for the modified rule sections and revise the rules accordingly.

DATES: 
    Effective date: This rule is effective June 21, 2019.
    Compliance date: Compliance with 47 CFR 90.175(b) and (e) and 
90.621(d)(4), published at 83 FR 61072 on November 27, 2018, is 
required as of June 21, 2019.

FOR FURTHER INFORMATION CONTACT: 
    Public Safety licensee information: Brian Marenco, Policy and 
Licensing Division, Public Safety and Homeland Security Bureau, at 
(202) 418-0838, or email: [email protected].
    Industrial/Business licensee information: Melvin Spann, Mobility 
Division, Wireless Telecommunications Bureau, (202) 418-1333, 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, OMB approved 
the information collection requirement in Sec.  90.175(e) on December 
3, 2018, and approved the information collection requirements in 
Sec. Sec.  90.175(b) and 90.621(d)(4) on April 15, 2019. Each of these 
rules was modified in Report and Order and Order FCC 18-143, published 
at 83 FR 61072, November 27, 2018. The OMB Control Number for the 
information collection requirement in Sec.  90.175(b) is 3060-0984. The 
OMB Control Number for the information collection requirement in Sec.  
90.175(e) is 3060-0798. The OMB Control Number for the information 
collection requirement in Sec.  90.621(d)(4) is 3060-1261. The 
Commission publishes this document as an announcement of the compliance 
date of the rules. The other rule amendments adopted in the Report and 
Order and Order, which did not require OMB approval, became effective 
on December 27, 2018.
    If you have any comments on the burden estimates listed below, or 
how the Commission can improve the collections and reduce any burdens 
caused thereby, please contact Cathy Williams, Federal Communications 
Commission, Room 1-C823, 445 12th Street SW, Washington, DC 20554, 
regarding OMB Control Numbers 3060-0798 and 3060-0984; and contact 
Nicole Ongele, Federal Communications Commission, Room 1-A620, 445 12th 
Street SW, Washington, DC 20554, regarding OMB Control Number 3060-
1261. Please include the applicable OMB Control Number in your 
correspondence. The Commission will also accept your comments via email 
at [email protected].
    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).
    This document also removes Sec. Sec.  90.175(k) and 90.621(d)(5) of 
the Commission's rules, which advised that compliance was not required 
until OMB approval was obtained.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on December 3, 2018, for the information collection 
requirement contained in the modification to Sec.  90.175(e), and it 
received final OMB approval on April 15, 2019 for the information 
collection requirements contained in the

[[Page 29084]]

modifications to Sec. Sec.  90.175(b) and 90.621(d)(4).
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number for the information collection requirement in Sec.  
90.175(b) is 3060-0984. The OMB Control Number for the information 
collection requirement in Sec.  90.175(e) is 3060-0798. The OMB Control 
Number for the information collection requirement in Sec.  90.621(d)(4) 
is 3060-1261.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0798.
    OMB Approval Date: December 3, 2018.
    OMB Expiration Date: October 31, 2020.
    Title: FCC Application for Radio Service Authorization Wireless 
Telecommunications Bureau; Public Safety and Homeland Security Bureau.
    Form Number: FCC Form 601.
    Respondents: Individuals and households; Business or other for 
profit entities; Not for profit institutions; and State, local or 
tribal governments.
    Number of Respondents and Responses: 255,352 respondents; 255,352 
responses.
    Estimated Time per Response: .50-1.25 hours.
    Frequency of Response: On-occasion or periodic reporting 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 47 
U.S.C. 151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 
302a, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 
336, 534, 535 and 554.
    Total Annual Burden: 223,833 hours.
    Total Annual Cost: $ 71,877,750.
    Nature and Extent of Confidentiality: Respondents may request that 
materials or information submitted to the Commission be withheld from 
public inspection under 47 CFR 0.459 of the FCC rules.
    Privacy Act: Yes.
    Needs and Uses: On October 22, 2018, the Commission released a 
Report and Order and Order in WP Docket No. 15-32, RM-11572, WP Docket 
No. 16-261, RM-11719 and RM-11722, which revises the text to Sec.  
90.175(e) of the Commission's rules. The updated rule section requires 
applicants seeking to license newly available 12.5 kHz bandwidth 
interstitial channels in the 809-817 MHz/854-862 MHz segment of the 800 
MHz band (800 MHz Mid-Band) to include a showing of frequency 
coordination with their application for license. Applicants include a 
showing of frequency coordination by completing Schedule H of FCC Form 
601. Applicants indicate on Schedule H whether their application was 
successfully coordinated before it was filed with the Commission and, 
if so, which Commission-approved frequency coordinator performed the 
coordination. The Commission now has approval under OMB Control Number 
3060-0798 to collect frequency coordination information from applicants 
seeking to license the newly available 12.5 kHz bandwidth interstitial 
channels in the 800 MHz Mid-Band.

    OMB Control Number: 3060-0984.
    OMB Approval Date: April 15, 2019.
    OMB Expiration Date: April 30, 2022.
    Title: 90.175(b)(1), Frequency Coordinator Requirements, 
Industrial/Business Pool frequencies.
    Form Number: N/A.
    Respondents: Business or other for-profit entities, and State, 
local, or tribal government.
    Number of Respondents and Responses: 2,700 respondents; 2,700 
responses.
    Estimated Time per Response: 1 hour.
    Frequency of Response: One-time reporting requirement, and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection of information is contained in 
Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 161, 301, 302(a), 303(g), 
303(r), 309, 332(c)(7), 336 and 337.
    Total Annual Burden: 2,700 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act: No impact(s).
    Needs and Uses: On October 22, 2018, the Commission issued a Report 
and Order and Order, FCC 18-143, in WP Docket No. 15-32, RM-11572, WP 
Docket No. 16-261, RM-11719 and RM-11722 (800/PLMR Access Order), in 
which it revised certain rules to require applicants for channels 
currently designated for central station alarm use to obtain the 
concurrence of the central station alarm frequency coordinator in order 
to use the channels for uses other than central station alarm 
operations. This requirement is similar to existing requirements 
pertaining to certain other channels. The Report and Order and Order 
did not revise any of the information collection requirements that are 
contained in this collection but rather added additional frequencies to 
the list. Therefore, this essentially is adding an additional 200 
respondents to this collection.

    OMB Control Number: 3060-1261.
    OMB Approval Date: April 15, 2019.
    OMB Expiration Date: April 30, 2022.
    Title: Creation of Interstitial 12.5 Kilohertz Channels in the 800 
MHz Band Between 809-817/854-862 MHz.
    Form Number: N/A.
    Respondents: Business or other for-profit; Not-for-profit 
institutions; State, Local or Tribal Government.
    Number of Respondents and Responses: 700 respondents, 350 
responses.
    Estimated Time per Response: 2 hours.
    Frequency of Response: One-time reporting requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this collection is contained in 47 U.S.C. 151, 
154, 301, 303, and 332 of the Communications Act of 1934.
    Total Annual Burden: 700 hours.
    Total Annual Cost: No cost.
    Nature and Extent of Confidentiality: There is no need for 
applicants filing applications to license channels in the 809-817/854-
862 MHz band segment (800 MHz Mid-Band) to include confidential 
information with their application. Nonetheless, there is a need for 
confidentiality with respect to all applications filed with the 
Commission through its Universal Licensing System (ULS). Although ULS 
stores all information pertaining to the individual license via an FCC 
Registration Number (FRN), confidential information is accessible only 
by persons or entities that hold the password for each account, and the 
Commission's licensing staff. Information on private land mobile radio 
licensees is maintained in the Commission's system of records, FCC/WTB-
1, ``Wireless Services Licensing Records.'' The licensee records will 
be publicly available and routinely used in accordance with subsection 
(b) of the Privacy Act. TIN Numbers and material which is afforded 
confidential treatment pursuant to a request made under 47 CFR 0.459 
will not be available for Public inspection. Any personally 
identifiable information (PII) that individual applicants provide is 
covered

[[Page 29085]]

by a system of records, FCC/WTB-1, ``Wireless Services Licensing 
Records,'' and these and all other records may be disclosed pursuant to 
the Routine Uses as stated in this system of records notice.
    Privacy Act: No impact(s).
    Needs and Uses: On October 22, 2018, the Commission released a 
Report and Order and Order in WP Docket No. 15-32, RM-11572, WP Docket 
No. 16-261, RM-11719 and RM-11722WP Docket No. 15-32 which adds new 
rule Sec.  90.621(d)(4) to the Commission's rules. The new rule section 
requires applicants seeking to license newly available 12.5 kHz 
bandwidth interstitial channels in the 809-817 MHz/854-862 MHz segment 
of the 800 MHz band (800 MHz Mid-Band) to include a letter of 
concurrence from an incumbent licensee if the applicant files an 
application which causes contour overlap under a forward analysis or 
receives contour overlap under a reciprocal analysis when the applicant 
seeks to license channels in the 800 MHz Mid-Band. In the case of the 
forward analysis, the incumbent licensee must agree in its concurrence 
letter to accept any interference that occurs as a result of the 
contour overlap. In the case of the reciprocal analysis, the incumbent 
licensee must state in its concurrence letter that it does not object 
to the applicant receiving contour overlap from the incumbent's 
facility. The purpose of requiring applicants to obtain letters of 
concurrence if their application causes contour overlap under a forward 
analysis or receives contour overlap under a reciprocal analysis is to 
ensure incumbents in the 800 MHz Mid-Band are aware of the contour 
overlap before an application is granted.

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Business and industry, Civil 
defense, Common carriers, Communications equipment, Emergency medical 
services, Individuals with disabilities, Radio, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 90 as follows.

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read as follows.

    Authority:  47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7), 
1401-1473.


Sec.  90.175   [Amended]

0
2. Amend Sec.  90.175 by removing paragraph (k).


Sec.  90.621  [Amended]

0
3. Amend Sec.  90.621 by removing paragraph (d)(5).

[FR Doc. 2019-12984 Filed 6-20-19; 8:45 am]
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