[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Rules and Regulations]
[Pages 61831-61832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24657]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55]


Improving Public Safety Communications in the 800 MHZ Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) streamlines our rules and procedures to accelerate the 
successful conclusion of the Commission's 800 MHz band reconfiguration 
program, or rebanding. The 800 MHz rebanding initiative is a 14-year, 
$3.6 billion program, involving Sprint Corporation (Sprint) and 800 MHz 
licensees. At the conclusion of this initiative, public safety, 
critical infrastructure and other 800 MHz licensees will operate in a 
reconfigured 800 MHz band free of the interference that plagued first 
responders' mission-critical communications before the Commission 
instituted rebanding in the 800 MHz Report and Order.

DATES: Effective December 16, 2019.

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 Notice 
of Proposed Rulemaking in WT Docket No. 02-55, FCC 19-108, released on 
October 28, 2019. 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 the Order, the Commission directs the 800 MHz Transition 
Administrator to streamline its closing process going forward to 
provide that, when Sprint and an individual licensee have completed 
physical reconfiguration and there are no unresolved disputes between 
them, closing of the band reconfiguration process for that licensee 
will be deemed final upon Sprint's delivery of the executed completion 
certification to the Transition Administrator and the Transition 
Administrator acknowledging receipt by letter to the licensee. Upon 
completion of these steps, the licensee will have no further rebanding 
obligations to Sprint, the Transition Administrator, or the Commission, 
and will no longer have recourse to Transition Administrator mediation 
or the Commission's processes for rebanding-related matters.
    2. To promote facilitation of the dispute resolution process 
established in the 800 MHz Report and Order, we direct licensees to 
provide notice of any unresolved dispute to the Transition 
Administrator and Sprint within 20 business days of the effective date 
of this Order. Thereafter, the licensee and Sprint must enter mediation 
as directed by the Transition Administrator, pursuant to the 
Commissions' rules. We direct the Transition Administrator to hold 
mediation sessions each weekday, except for federal holidays. If 
agreement is not reached after 10 mediation sessions, the designated 
mediator, within 5 business days, will forward the mediation record to 
the Bureau for decision. On notification to the parties by the 
Transition Administrator that the record has been submitted, the 
parties have 5 business days to submit statements of position. No 
responsive pleadings will be accepted. If a licensee does not 
participate in mediation, does not submit a timely statement of 
position to the Bureau, or does not file a timely petition for 
reconsideration, application for review, or petition for a de novo 
hearing following a Bureau order adjudicating the dispute, the licensee 
will be deemed by the Bureau to have completed rebanding, and all of 
its rights under the Commission's 800 MHz rebanding orders, including, 
without limitation, the right to the Transition Administrator's dispute 
resolution process and reimbursement of costs, will be terminated.
    3. Licensees that have completed physical reconfiguration as of the 
effective date of this Order, have no unresolved dispute with Sprint, 
but have not provided a completion certification to Sprint must submit 
an executed completion certification to Sprint within 20 business days 
of the effective date of this Order. Upon verification from Sprint 
that, despite the completion of physical reconfiguration and the 
absence of any disputes related to costs and expenditures, a licensee 
has not timely provided a completion certification as required, the 
Bureau will deem the licensee to have completed rebanding and all of 
its rights under the Commission's 800 MHz rebanding orders, including, 
without limitation, the right to the Transition Administrator's dispute 
resolution process and reimbursement of costs, will be terminated.
    4. Finally, consistent with the streamlining steps taken above, we 
adopt an expedited closing process applicable to those licensees that 
have not completed physical reconfiguration as of the effective date of 
the instant Order. Upon completion of physical reconfiguration, such 
licensees will have 45 calendar days to either, (1) complete cost 
reconciliation and submit an executed completion certification to 
Sprint, or (2) notify the Transition Administrator of any unresolved 
dispute with Sprint regarding their reconfiguration. Licensees will 
then be subject to the expedited closing or dispute resolution 
procedures described above, as applicable.
    5. We direct the Transition Administrator to revise its processes 
and documentation in accordance with the foregoing and we modify our 
procedures accordingly. Notice and comment are not necessary here 
because the changes that streamline the filings required of the parties 
to rebanding agreements and the process by which we direct the 
Transition Administrator to review those filings are ``rules of agency 
organization, procedure, or practice.''

Procedural Matters

A. Paperwork Reduction Act of 1995 Analysis

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

B. Report to Congress

    7. 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 Clause

    8. Accordingly, It is ordered that, pursuant to sections 4(i), 
4(j), 301, 303, and 403 of the Communications Act of 1934, as amended, 
47 U.S.C. 154(i), 154(j), 301, 303, and 403, the Order is hereby 
adopted.


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Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-24657 Filed 11-13-19; 8:45 am]
BILLING CODE 6712-01-P