[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Proposed Rules]
[Pages 61863-61867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24670]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55; FCC 19-108]


Improving Public Safety Communications in the 800 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document the Commission takes steps to streamline our 
rules and procedures to accelerate the successful conclusion of the 
Commission's 800 MHz band reconfiguration program, or rebanding. The 
document seeks comment on the proposed rule deletions.

DATES: Comments are due on or before December 16, 2019 and reply 
comments are due on or before December 30, 2019.

ADDRESSES: You may submit comments, identified by WT Docket No. 02-55, 
by any of the following methods:
     Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

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 complete text of this 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).

Synopsis

    1. In the Notice of Proposed Rulemaking (NPRM), the Commission, 
recognizing that it has determined that Sprint did not reap an economic 
windfall from the spectrum award that Sprint received in exchange for 
undertaking the financial obligation to support 800 MHz rebanding, 
proposes eliminating the rule that requires an annual auditing of 
Sprint's rebanding expenditures by the 800 MHz Transition 
Administrator. The NPRM seeks comment on proposed procedures for 
eliminating the requirement that each rebanding agreement be reviewed 
and

[[Page 61864]]

approved by the 800 MHz Transition Administrator.
    2. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments in WT Docket No. 02-55 on or before the dates indicated 
on the first page of this document. 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 who 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.
    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 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    Accessible Formats: 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).
    3. Commenters who file information that they believe should be 
withheld from public inspection may request confidential treatment 
pursuant to Sec.  0.459 of the Commission's rules. Commenters should 
file both their original comments for which they request 
confidentiality and redacted comments, along with their request for 
confidential treatment. Commenters should not file proprietary 
information electronically. See Examination of Current Policy 
Concerning the Treatment of Confidential Information Submitted to the 
Commission, Report and Order, 13 FCC Rcd 24816 (1998), Order on 
Reconsideration, 14 FCC Rcd 20128 (1999). Even if the Commission grants 
confidential treatment, information that does not fall within a 
specific exemption pursuant to the Freedom of Information Act (FOIA) 
must be publicly disclosed pursuant to an appropriate request. See 47 
CFR 0.461; 5 U.S.C. 552. We note that the Commission may grant requests 
for confidential treatment either conditionally or unconditionally. As 
such, we note that the Commission has the discretion to release 
information on public interest grounds that does fall within the scope 
of a FOIA exemption.
    4. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 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 Section 1.1206(b). In proceedings governed by 
Section 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.

Procedural Matters

A. Initial Regulatory Flexibility Analysis

    5. The Initial Regulatory Flexibility Analysis required by section 
604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix B of the NPRM.
    6. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in this Notice of Proposed Rulemaking (NPRM). Written public 
comments are requested on this IRFA. Comments must be filed by the same 
dates as listed on the first page of the NPRM and must have a separate 
and distinct heading designating them as responses to this IRFA. The 
Commission will send a copy of the NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
In addition, the NPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.

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

    7. The Commission initiates this rulemaking proceeding to seek 
comment on certain proposals designed to improve the efficiency of the 
800 MHz band reconfiguration process set out in the 800 MHz Report and 
Order, and to advance the conclusion the rebanding process. The 
Commission initiated the 800 MHz rebanding program to alleviate harmful 
interference to 800 MHz public safety radio systems caused by their 
proximity in the band to the 800 MHz commercial cellular system 
operated by Sprint Corporation (Sprint). To increase the spectral 
separation between Sprint and public safety, Sprint was required to 
relocate its system to spectrum at the upper end of the band and public 
safety licensees were relocated to the lower end of the band. Sprint 
was also required to pay the accumulated relocation costs of public 
safety licensees as well as its own relocation costs, and in exchange 
Sprint received a separate block of spectrum outside of the 800 MHz 
band from the Commission. At the outset of the rebanding program, the 
Commission

[[Page 61865]]

imposed an ``anti-windfall'' obligation on Sprint to ensure that Sprint 
did not reap an economic windfall from the spectrum award that Sprint 
received in exchange for undertaking the financial obligation to 
support 800 MHz rebanding.
    8. In the Order the Commission eliminates certain obligations 
imposed on the 800 MHz Transition Administrator which are no longer 
necessary in light of the Public Safety and Homeland Security Bureau's 
order determining that Sprint no longer is responsible for making a 
windfall payment to the Treasury. The changes apply to 800 MHz 
licensees that either (a) have not completed the rebanding process; or 
(b) having completed the rebanding process have not fulfilled the 
contract-closing obligations imposed on them by the Commission's rules 
and their Frequency Reconfiguration Agreements (FRAs) with Sprint. The 
changes make relatively small adjustments to the policies that affect 
800 MHz Private Land Mobile Radio (PLMR) licensees. Additionally, the 
changes will also apply to the 800 MHz Transition Administrator and 
Sprint, which as discussed below are not small entities for purposes of 
the RFA.
    9. The Commission tentatively concludes that the changes proposed 
in the Sixth FNPRM are necessary to accelerate the conclusion of the 
rebanding proceeding initiated in 2002, thereby lessening the logistic 
and economic burdens that certain procedures impose on the Commission, 
the 800 MHz Transition Administrator and Sprint. The Commission's 
objectives are to improve the rebanding process now that certain 
procedures no longer are necessary and confer no benefit on the parties 
to 800 MHz rebanding.

C. Legal Basis

    10. The proposed action is authorized under pursuant 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.

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

    11. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules. The RFA generally defines the term 
``small entity'' as encompassing the terms ``small business,'' ``small 
organization,'' and ``small governmental entity.'' 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).
    12. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, 
three broad groups of small entities that could be directly affected 
herein. First, while there are industry specific size standards for 
small businesses that are used in the regulatory flexibility analysis, 
according to data from the SBA's Office of Advocacy, in general a small 
business is an independent business having fewer than 500 employees. 
These types of small businesses represent 99.9% of all businesses in 
the United States which translates to 28.8 million businesses.
    13. Next, the type of small entity described as 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 Aug 2016, there were approximately 356,494 small 
organizations based on registration and tax data filed by nonprofits 
with the Internal Revenue Service (IRS).
    14. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2012 Census of Governments indicates that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 37,132 General purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,184 Special purpose governments (independent school 
districts and special districts) with populations of less than 50,000. 
The 2012 U.S. Census Bureau data for most types of governments in the 
local government category shows that the majority of these governments 
have populations of less than 50,000. Based on this data we estimate 
that at least 49,316 local government jurisdictions fall in the 
category of ``small governmental jurisdictions.''
    15. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Pool licensees include police, fire, local government, 
forestry conservation, highway maintenance, and emergency medical 
services. Because of the vast array of public safety licensees, the 
Commission has not developed a small business size standard 
specifically applicable to public safety licensees. The closest 
applicable SBA category is Wireless Telecommunications Carriers (except 
Satellite) which encompasses business entities engaged in 
radiotelephone communications. The appropriate size standard for this 
category under SBA rules is that such a business is small if it has 
1,500 or fewer employees. For this industry, U.S. Census Bureau data 
for 2012 show that there were 967 firms that operated for the entire 
year. Of this total, 955 firms had employment of 999 or fewer employees 
and 12 had employment of 1000 employees or more. Thus under this 
category and the associated size standard, the Commission estimates 
that the majority of firms can be considered small.
    16. Private Land Mobile Radio Licensees. Private land mobile radio 
(PLMR) systems serve an essential role in a vast range of industrial, 
business, land transportation, and public safety activities. Companies 
of all sizes operating in all U.S. business categories use these 
radios. Because of the vast array of PLMR users, the Commission has not 
developed a small business size standard specifically applicable to 
PLMR users. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications. The 
appropriate size standard for this category under SBA rules is that 
such a business is small if it has 1,500 or fewer employees. For this 
industry, U.S. Census Bureau data for 2012 show that there were 967 
firms that operated for the entire year. Of this total, 955 firms had 
employment of 999 or fewer employees and 12 had employment of 1000 
employees or more. Thus under this category and the associated size 
standard, the Commission estimates that the majority of PLMR Licensees 
are small entities.
    17. According to the Commission's records, a total of approximately 
400,622 licenses comprise PLMR users. Of this number there are a total 
of approximately 3,174 PLMR licenses in the 4.9 GHz band; 29,187 PLMR 
licenses in the 800 MHz band; and 3,374 licenses in the frequencies 
range 173.225 MHz to 173.375 MHz. The Commission does not require PLMR 
licensees to disclose information about number of employees and does 
not have information that

[[Page 61866]]

could be used to determine how many PLMR licensees constitute small 
entities under this definition. The Commission however believes that a 
substantial number of PLMR licensees may be small entities despite the 
lack of specific information.
    18. Specialized Mobile Radio Licenses. The Commission awards 
``small entity'' bidding credits in auctions for Specialized Mobile 
Radio (SMR) geographic area licenses in the 800 MHz and 900 MHz bands 
to firms that had revenues of no more than $15 million in each of the 
three previous calendar years. The Commission awards ``very small 
entity'' bidding credits to firms that had revenues of no more than $3 
million in each of the three previous calendar years. The SBA has 
approved these small business size standards for the 900 MHz Service. 
The Commission has held auctions for geographic area licenses in the 
800 MHz and 900 MHz bands. The 900 MHz SMR auction began on December 5, 
1995 and closed on April 15, 1996. Sixty bidders claiming that they 
qualified as small businesses under the $15 million size standard won 
263 geographic area licenses in the 900 MHz SMR band. The 800 MHz SMR 
auction for the upper 200 channels began on October 28, 1997 and was 
completed on December 8, 1997. Ten bidders claiming that they qualified 
as small businesses under the $15 million size standard won 38 
geographic area licenses for the upper 200 channels in the 800 MHz SMR 
band. A second auction for the 800 MHz band conducted in 2002 and 
included 23 BEA licenses. One bidder claiming small business status won 
five licenses.
    19. The auction of the 1,053 800 MHz SMR geographic area licenses 
for the General Category channels was conducted in 2000. Eleven bidders 
won 108 geographic area licenses for the General Category channels in 
the 800 MHz SMR band and qualified as small businesses under the $15 
million size standard. In an auction completed in 2000, a total of 
2,800 Economic Area licenses in the lower 80 channels of the 800 MHz 
SMR service were awarded. Of the 22 winning bidders, 19 claimed small 
business status and won 129 licenses. Thus, combining all four 
auctions, 41 winning bidders for geographic licenses in the 800 MHz SMR 
band claimed status as small businesses.
    20. In addition, there are numerous incumbent site-by-site SMR 
licenses and licensees with extended implementation authorizations in 
the 800 and 900 MHz bands. We do not know how many firms provide 800 
MHz or 900 MHz geographic area SMR service pursuant to extended 
implementation authorizations, nor how many of these providers have 
annual revenues of no more than $15 million. One firm has over $15 
million in revenues. In addition, we do not know how many of these 
firms have 1,500 or fewer employees, which is the SBA-determined size 
standard. We assume, for purposes of this analysis, that all of the 
remaining extended implementation authorizations are held by small 
entities, as defined by the SBA.
    21. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1000 employees or 
more. Thus under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.
    22. The Commission's own data--available in its Universal Licensing 
System--indicate that, as of August 31, 2018 there are 265 Cellular 
licensees. The Commission does not know how many of these licensees are 
small, as the Commission does not collect that information for these 
types of entities. Similarly, according to internally developed 
Commission data, 413 carriers reported that they were engaged in the 
provision of wireless telephony, including cellular service, Personal 
Communications Service (PCS), and Specialized Mobile Radio (SMR) 
Telephony services. Of this total, an estimated 261 have 1,500 or fewer 
employees, and 152 have more than 1,500 employees. Thus, using 
available data, we estimate that the majority of wireless firms can be 
considered small.

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

    23. The requirements that the Commission proposes to eliminate in 
the Sixth FNPRM will not impose new or additional reporting, 
recordkeeping, or other compliance obligations on a substantial number 
of small entities. Nor will small entities be required to hire 
attorneys, engineers, consultants, or other professionals to comply 
with the proposed rule change, if adopted. Small entities that are 800 
MHz licensees participating in the rebanding program who have 
negotiated FRAs with Sprint will no longer be required to have any 
costs/payments covered in the FRA or in any FRA amendments pre-approved 
by the TA which should yield them the benefit of faster completion of 
their rebanding process requirement.

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

    24. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed 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 and 
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.
    25. The NPRM is deregulatory in nature and will not have a 
significant economic impact on a substantial number of small entities. 
As mentioned above small entities should benefit the proposed rule 
elimination with faster completion of their rebanding process. Faster 
completion should result in cost savings for such entities. The 
alternative of continuing to require a pre-approval requirement which 
is no longer needed would impose unnecessary burdens on and would not 
further or facilitate prompt completion of the rebanding process. We 
note in the Sixth FNPRM that we will to continue to require 800 MHz 
licensees to get pre-approval from the TA for any non-payment related 
FRA amendments and to have the Bureau address any payment related 
issues that arise from FRA amendments. However, to assist in the 
Commission's evaluation of the economic impact on small entities, and 
to better explore options and alternatives, the Commission has sought 
comment from the parties on these matters. The Commission expects to 
more fully consider the economic impact and alternatives for small 
entities following the review of comments and recommendations filed in 
response to

[[Page 61867]]

the Sixth FNPRM. proposed rules will not affect any small entities.

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

    26. None.

Procedural Matters

A. Paperwork Reduction Act of 1995 Analysis

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

Ordering Clauses

    28. 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 Notice of Proposed 
Rulemaking is hereby adopted.
    29. It is further ordered that pursuant to applicable procedures 
set forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments on the NPRM on 
or before December 16, 2019 and reply comments on or before December 
30, 2019.

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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.  90.676  [Amended]

0
2. Amend Sec.  90.676 by removing and reserving paragraph (b)(4).

[FR Doc. 2019-24670 Filed 11-13-19; 8:45 am]
BILLING CODE 6712-01-P