[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59868-59869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23588]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 90

[WP Docket No. 07-100; FCC 21-106; FR ID 54675]


Improving Public Safety Communications in the 4.9 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule; grants of petitions for reconsideration; and final 
rule; correction.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) grants three petitions for reconsideration insofar as the 
petitions sought deletion of the rules adopted in the Sixth Report and 
Order in this proceeding governing the 4.9 GHz (4940-4990 MHz) band. 
The Commission also partially lifts the licensing freeze to allow 
incumbents to modify their existing licenses or to license new 
permanent fixed sites.

DATES: This final rule is effective November 29, 2021. As of November 
29, 2021, the final rule published on November 30, 2020 (85 FR 76469), 
is corrected.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Jon Markman of the Wireless Telecommunications 
Bureau, Mobility Division, at (202) 418-7090 or 
[email protected] or Thomas Eng of the Public Safety and 
Homeland Security Bureau at (202) 418-0019 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, in WP Docket No. 07-100; FCC 21-106, adopted on 
September 30, 2021, and released on October 1, 2021. The full text of 
this document is available for public inspection online at https://docs.fcc.gov/public/attachments/FCC-21-106A1.pdf.

Congressional Review Act

    The Commission will send a copy of the Order on Reconsideration in 
a report to be sent to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

Final Regulatory Flexibility Certification

    Pursuant to Section 605(b) of the RFA, if a proposed or final rule, 
``. . . will not, if promulgated, have a significant economic impact on 
a substantial number of small entities[,]'' an agency is permitted to 
file a certification with the rulemaking containing a statement that 
provides a factual basis for its conclusion that there will not be 
significant economic impact on a substantial number of small entities. 
The certification and statement must be filed in the Federal Register 
and sent to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). The Order on Reconsideration in this proceeding 
grants in part the petitions for reconsideration of the Sixth Report 
and Order (85 FR 76469, Nov. 30, 2020), in WP Docket No. 07-100, 
reverting back to the rules that were in effect prior to modification 
by the Sixth Report and Order. No petitions for reconsideration of the 
Final Regulatory Flexibility Analysis (FRFA) that accompanied the Sixth 
Report and Order were received by the Commission. Accordingly, the 
Commission has prepared a Final Regulatory Flexibility Certification 
(FRFC) providing the factual basis for its determination that the Order 
on Reconsideration will not have significant economic impact on a 
substantial number of small entities. The Commission will publish a 
copy of the Order on Reconsideration and the FRFC in the Federal 
Register and send a copy to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA). The FRFC is set forth in Appendix B of 
the Order on Reconsideration.

Synopsis

    On September 30, 2020, the Commission adopted the Sixth Report and 
Order and Seventh Further Notice of Proposed Rulemaking (FNPRM) (85 FR 
76505, Nov. 30, 2020) (36 FCC Rcd 1958) in this proceeding. The leasing 
framework adopted in the Sixth Report and Order granted states, through 
a single statewide entity designated as the State Lessor, the option to 
lease spectrum access to state and local entities--whether public 
safety or non-public safety--as well as to commercial and other private 
entities in their jurisdictions. State Lessors were also permitted to 
use the band for non-public safety purposes themselves. Prior to the 
issuance of the Sixth Report and Order and Seventh FNPRM, the Public 
Safety

[[Page 59869]]

and Homeland Security Bureau and the Wireless Telecommunications Bureau 
announced a freeze on applications in the 4.9 GHz band. Pursuant to the 
Freeze Public Notice (85 FR 63553, Oct. 8, 2020), the Bureaus are not 
accepting applications for new or modified licenses, including both 
geographic area licenses and individual fixed-site licenses.
    On December 30, 2020, the Public Safety Spectrum Alliance (PSSA), 
APCO International (APCO), and the National Public Safety 
Telecommunications Council (NPSTC, and with PSSA and APCO, the 
Petitioners) filed petitions for reconsideration of the Sixth Report 
and Order (the Petitions). The Petitioners asked the Commission to 
vacate the Sixth Report and Order because that the new leasing 
framework adopted in the Sixth Report and Order fails to provide for 
protection of current and future public safety use of the band.
    The Order on Reconsideration grants the Petitions insofar as they 
sought deletion of the rules adopted in the Sixth Report and Order. We 
agree that the framework, which allows State Lessors to use and lease 
the band for non-public safety purposes, is not in the public interest, 
and that the public interest would be better-served by considering 
other models. We also lift, in part, the licensing freeze adopted in 
advance of the Sixth Report and Order, thereby allowing incumbents to 
modify their existing licenses or to license new permanent fixed sites. 
We direct the Bureaus to implement this change to the freeze via public 
notice within 30 days of the adoption of this item.

List of Subjects in 47 CFR Parts 1 and 90

    Communications equipment, Organization and functions (Government 
agencies), Radio, Reporting and recordkeeping requirements, 
Telecommunications.

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

Correction

    In FR Doc. 2020-23506, appearing on page 76469 in the Federal 
Register of Monday, November 30, 2020, the following correction is 
made:

PART 90 [Corrected]

0
1. On page 76480, in the first column, in part 90, amendatory 
instruction 7 (adding Sec.  90.1217) is removed.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1 and 90 as follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: : 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.


0
2. Amend Sec.  1.9001 by:
0
a. Revising paragraph (b); and
0
b. Removing paragraph (c).
    The revision reads as follows:


Sec.  1.9001  Purpose and scope.

* * * * *
    (b) Licensees holding exclusive use rights are permitted to engage 
in spectrum leasing whether their operations are characterized as 
commercial, common carrier, private, or non-common carrier.


Sec.  1.9005  [Amended]

0
3. Amend Sec.  1.9005 by:
0
a. Adding the word ``and'' at the end of paragraph (nn); and
0
b. Removing and reserving paragraph (oo).

0
4. Revise Sec.  1.9048 to read as follows:


Sec.  1.9048  Special provisions relating to spectrum leasing 
arrangements involving licensees in the Public Safety Radio Services.

    Licensees in the Public Safety Radio Services (see part 90, subpart 
B, and Sec.  90.311(a)(1)(i) of this chapter) may enter into spectrum 
leasing arrangements with other public safety entities eligible for 
such a license authorization as well as with entities providing 
communications in support of public safety operations (see Sec.  
90.523(b) of this chapter).

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
5. 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.


0
6. Amend Sec.  90.1203 by:
0
a. Revising paragraph (b); and
0
b. Removing paragraph (c).
    The revision reads as follows:


Sec.  90.1203  Eligibility.

* * * * *
    (b) 4.9 GHz band licensees may enter into sharing agreements or 
other arrangements for use of the spectrum with entities that do not 
meet the eligibility requirements in this section. However, all 
applications in the band are limited to operations in support of public 
safety.

[FR Doc. 2021-23588 Filed 10-28-21; 8:45 am]
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