[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26423-26424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10229]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 02-55; FCC 21-41; FR ID 26200]


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) brings the Commission's 800 MHz rebanding program to a 
conclusion, eliminates rules that are now unnecessary, and terminates 
this proceeding. The rebanding process is now essentially complete: 
Over 2,100 800 MHz licensees have successfully relocated to new 
channels in the band and the few licensing and administrative matters 
remaining can be completed outside the rebanding program.

DATES: Effective June 14, 2021.

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 Commission's Order, in 
WT Docket No. 02-55 (Terminated); FCC 21-41, adopted and released on 
April 22, 2021. The full text of this document is available for public 
inspection online at https://docs.fcc.gov/public/attachments/FCC-21-41A1.pdf.
    In 2004, the Commission's Report and Order (800 MHz Report and 
Order) (69 FR 67823, November 22, 2004) 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 architecture systems, principally those operated by 
Sprint. To alleviate the interference, the Commission reconfigured the 
800 MHz band to increase the spectral separation between cellular 
architecture systems and so-called, high site systems occupying the 
band. The Commission adopted a band plan that required the relocation 
of the bulk of Sprint's system (and the other similarly situated 
cellular-based licensees) to spectrum at the upper end of the band, and 
the relocation of public safety licensees (and the other similarly 
situated high site system operators) to spectrum at the lower end of 
the band. The Commission further required Sprint to pay the accumulated 
relocation costs incurred by public safety and other high-site 
licensees in addition to its own relocation costs, in exchange for 
which the Commission awarded Sprint 10 megahertz of spectrum rights in 
the 1.9 GHz band. The 800 MHz Report and Order required that ``at the 
conclusion of band reconfiguration, the Transition Administrator shall 
provide an accounting of the funds spent to reconfigure the systems of 
incumbent operators in the 800 MHz band. This accounting shall include 
certifications from each relocated licensee that all necessary 
reconfiguration work has been completed and that Nextel and said 
licensee agree on the sum paid for such work.'' Those requirements have 
been either complied with or waived.
    Nearly seventeen years after the 800 MHz Report and Order, the 800 
MHz band reconfiguration program has achieved its objective--
substantially alleviating the interference risk to public safety in the 
800 MHz band. The 800 MHz Transition Administrator, LLC (Transition 
Administrator) reports that 2,169 licensees have successfully completed 
physical reconfiguration of their systems, and that only two licensees 
remain with unresolved administrative matters.
    In the 800 MHz Report and Order, the Commission adopted certain 
rules specifically relating to implementation of the rebanding program. 
With termination of the rebanding program, there is no continued need 
for these rules and we therefore delete them. We conclude that this 
deletion does not require notice and comment. An agency may forego 
notice and comment rulemaking ``when the agency for good cause finds . 
. . that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' Here, notice and 
comment is unnecessary and contrary to the public

[[Page 26424]]

interest because the termination of the rebanding program has rendered 
the rules moot in accordance with the Commission's rules and the 
foregoing waivers. As the rules no longer have any practical or legal 
effect, deleting them from the Code of Federal Regulations will avoid 
any potential confusion about their continuing applicability.

Paperwork Reduction Act

    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Congressional Review Act

    The Commission has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs, that this rule is non-major under the Congressional Review 
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Order to 
Congress and the Government Accountability Office, pursuant to 5 U.S.C. 
801(a)(1)(A).

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Common carriers, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

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:

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


Sec.  90.674   Interference Resolution Procedures.

0
2. Revise the heading of Sec.  90.674 to read as set forth above:


Sec. Sec.  90.676 and 90.677   [Removed and Reserved]

0
3. Sections 90.676 and 90.677 are removed and reserved.

[FR Doc. 2021-10229 Filed 5-13-21; 8:45 am]
BILLING CODE 6712-01-P