[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Rules and Regulations]
[Pages 12565-12572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02597]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WP Docket No. 07-100; FCC 23-3; FR ID 126043]


Improving Public Safety Communications in the 4.9 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission (FCC) 
adopts rules establishing a comprehensive and coordinated nationwide 
approach to managing the 4.9 GHz (4940-4990 MHz) band while retaining 
its locally controlled, public safety nature. In doing so, the 
Commission solidifies the band's status as public safety spectrum, 
while also allowing secondary, non-public safety use as agreed to by 
public safety licensees through a new leasing model. This Report and 
Order adopts rules permitting a nationwide Band Manager, which will be 
selected based on its expertise and connections to the public safety 
community, to coordinate all operations in the band ensuring that any 
non-public safety use remains fully secondary to, and preemptible by, 
public safety operations. Furthermore, these new rules will optimize 
public safety use and enable the integration of the latest commercially 
available technologies, such as 5G. This Report and Order released on 
January 18, 2023, was corrected by an erratum released on February 22, 
2023. The changes made by the erratum are included in this document.

DATES: Effective March 30, 2023.

ADDRESSES: Federal Communications Commission, 45 L St NE, Washington, 
DC 20554.

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

[[Page 12566]]

[email protected] or Brian Marenco of the Public Safety and 
Homeland Security Bureau, at (202) 418-0838 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of Commission's Seventh 
Report and Order, in WP Docket No. 07-100; FCC 23-3, adopted and 
released on January 18, 2023. The full text of this document is 
available for public inspection online at https://docs.fcc.gov/public/attachments/FCC-23-3A1.pdf.
    1. In this Seventh Report and Order the Commission creates a 
comprehensive and coordinated nationwide approach to the 4.9 GHz band, 
centralizing management in a single Band Manager, while retaining local 
control over operations conducted by individual public safety 
licensees. This framework will retain the band's existing status as a 
locally controlled public safety band, but with more rationalized and 
coordinated public safety operations on a nationwide level. These 
expanded operations will encompass both primary public safety use and, 
subject to coordination by the Band Manager, secondary non-public 
safety use, the latter of which will be subject to preemption by public 
safety operations.
    2. In particular, the Commission adopts a single, nationwide 
framework for the 4.9 GHz band, that is centered around a new Band 
Manager, which will be equipped with additional information about the 
current public safety use of the band and empowered to work with public 
safety licensees to ensure efficient use of this spectrum and enable 
new, non-commercial operations on a secondary, preemptable basis. The 
Commission stated in this Seventh Report and Order that it believes a 
nationwide Band Manager will be able to effectively protect the 
interests of incumbent public safety users by establishing consistent, 
nationwide rules governing use of the band and providing new 
opportunities for non-public safety access to the band. It also stated 
it believes this approach will spur innovation and drive down costs 
while ensuring full protection for authorized public safety operations. 
Crucially, the Commission noted that the Band Manager will ensure that 
local governments can continue to use the band to suit their unique 
spectrum needs, while promoting the most efficient use of spectrum and 
creating a consistent and clear band framework nationwide. Therefore, 
the Commission concluded that designating a nationwide Band Manager to 
coordinate public safety access and facilitate the introduction of non-
public safety services to the band will best serve the public interest.
    3. The Commission also stated in this Seventh Report and Order that 
it would be in the public interest for the Band Manager to be chosen by 
a selection committee that represents and ensures the involvement of 
the relevant stakeholders, in particular the public safety community. 
Once selected, the Band Manager will have three primary 
responsibilities: (1) frequency coordination; (2) incentivizing the use 
of the latest commercially available technologies, including 5G; and 
(3) facilitating secondary non-public safety use.
    4. In this Seventh Report and Order, the Commission also adopted 
its proposal to collect more granular data on public safety 
deployments. It will continue using the Universal Licensing System 
(ULS) as the licensing database for public safety operations in the 4.9 
GHz band. Incumbent licensees will have at least one year from the 
publication of this Seventh Report and Order in the Federal Register to 
provide the required data in ULS. Nonetheless, the Commission 
encourages licensees to enter their data into ULS as soon as the 
Wireless Telecommunications Bureau and the Public Safety and Homeland 
Security Bureau jointly announce that the ULS is prepared to accept the 
granular data and OMB has completed its review of any new collection 
requirements.
    5. The Commission also adopted a part 90 formal frequency 
coordination requirement for public safety applicants seeking to 
license facilities in the 4.9 GHz band and assigned nationwide 
authority to the Band Manager to perform the coordination function. 
Under the part 90 coordination framework, the Band Manager will review 
applications from public safety entities seeking to license new or 
modify existing facilities in the 4.9 GHz band before they are filed 
with the Commission. As frequency coordinator, the Band Manager will 
perform an analysis to determine if the proposed operation would cause 
interference to incumbent licensees or previously filed applicants.
    6. Alongside its decision to adopt a nationwide Band Manager 
framework for the 4.9 GHz band, the Commission also amended its rules 
to allow non-public safety use of the band as authorized by the Band 
Manager. Specifically, it removed the restriction that 4.9 GHz band 
operations be in support of public safety, provided that any non-public 
safety operations must: (1) be authorized by the Band Manager; and (2) 
fully protect and, where necessary, be subject to preemption by, public 
safety operations in the band. The Commission emphasized that it will 
not license non-public safety operators, and licensed operations will 
remain exclusively in support of public safety.
    7. The Commission also stated that it can meet its goal of 
promoting increased access to the 4.9 GHz band generally, in addition 
to promoting and protecting public safety use, by allowing non-public 
safety entities to lease unused spectrum from the public safety 
licensees through the Band Manager. The Commission noted that this 
model will ensure that leased operations will be on a non-interference 
basis, thereby, fully protecting public safety operations and providing 
a mechanism to enable preemption by public safety licensees. The Band 
Manager will evaluate all potential non-public safety operations based 
on consistent technical parameters and use restrictions deemed 
necessary to ensure full protection of public safety operations. 
Allowing the Band Manager to centrally coordinate non-public safety 
access will promote a standardized set of rules and contractual 
provisions for such access, which ensure that public safety retains 
priority and preemption rights. Furthermore, the Commission clarified 
that leases to non-public safety entities will only be permitted if 
they are coordinated and approved by the Band Manager, subject to any 
requirements the Commission adopts pursuant to a Ninth Further Notice 
of Proposed Rulemaking (Ninth Further Notice).
    8. The Commission also stated in this Seventh Report and Order that 
it will ensure public safety entities have priority access to the 4.9 
GHz band through licensing on a primary basis, while non-public safety 
users will be permitted to operate in the band only on a secondary 
basis. It also adopted an annual reporting requirement that will allow 
the Commission to oversee the Band Manager, ensure its activities 
advance the Commission's stated goals for this band, and provide 
greater transparency, certainty, and predictability in the 4.9 GHz 
band. Furthermore, it declined to adopt a spectrum management role for 
Regional Planning Committees (RPCs) in this band given the lack of 
necessary funding and resources for RPCs nationwide, lack of expertise 
in much of the new technology likely to be deployed in the band, and 
lack of consensus in the record that regional planning is consistent 
with our goal of establishing a nationwide framework for the band.

[[Page 12567]]

    9. Furthermore, the Commission stated that given the wide variety 
of uses and potential uses of the band, it believed imposing 
interoperability standards at this juncture could lead to fewer 
equipment options thereby potentially stifling innovation and 
contradicting our goal of reducing equipment costs. Nonetheless, in 
this Seventh Report and Order, the Commission adopted a number of 
technical rule proposals from a Sixth Further Notice to increase 
utilization of the 4.9 GHz band.
    10. Finally, the Commission retained a freeze for all applicants 
who are not already 4.9 GHz licensees pending resolution of issues 
raised in a Ninth Further Notice.

Procedural Matters

Paperwork Reduction Act

    11. The requirements in Sections 90.175(g)(2) and 90.1207(e)-(f) 
constitute new or modified collections subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. They will be submitted 
to the Office of Management and Budget (OMB) for review under section 
3507(d) of the PRA. OMB, the general public, and other Federal agencies 
are invited to comment on the new or modified information collection 
requirements contained in this proceeding. In addition, the Commission 
notes that, pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission 
previously sought, but did not receive, specific comment on how the 
Commission might further reduce the information collection burden for 
small business concerns with fewer than 25 employees. The Commission 
describes impacts that might affect small businesses, which includes 
more businesses with fewer than 25 employees, in the Final Regulatory 
Flexibility Analysis.

Final Regulatory Flexibility Analysis

    12. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' Accordingly, the Commission has prepared a Final 
Regulatory Flexibility Analysis (FRFA) concerning the possible impact 
of the rule changes contained in this Seventh Report and Order on small 
entities. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Eighth Further Notice of Proposed Rulemaking 
(Eighth FNPRM) released in October 2021 in this proceeding (86 FR 
59934, Nov. 29, 2021). The Commission sought written public comment on 
the proposals in the Eighth FNPRM, including comments on the IRFA. No 
comments were filed addressing the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

Congressional Review Act

    13. The Commission will send a copy of the Seventh Report and Order 
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 Analysis

    14. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Eighth Further Notice of Proposed Rulemaking 
(Eighth FNPRM) in October 2021. The Commission sought written public 
comment on the proposals in the Eighth FNPRM, including comments on the 
IRFA. No comments were filed addressing the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Final Rules

    15. In the Seventh Report and Order, the Commission takes a number 
of actions to advance its goals for a comprehensive and integrated 
approach to the 4.9 GHz band which emphasizes public safety needs while 
spurring innovation and driving down costs in the band. As an initial 
matter, the Commission establishes a nationwide Band Manager which will 
coordinate public safety operations in the band, ensuring protection of 
public safety operations, and promoting more efficient use of spectrum 
resources while facilitating non-public safety use of the band through 
spectrum leasing. The Commission also adopts its proposal to collect 
more granular data on public safety deployments in the Commission's 
Universal Licensing System (ULS) and provide incumbent licensees a one-
year period to submit the necessary technical detail. Furthermore, the 
Commission adopts formal frequency coordination procedures for public 
safety applicants seeking to license new or modify existing facilities 
in the band and assigns authority to the Band Manager to perform the 
frequency coordination function. Additionally, the Commission adopts 
certain technical rules it sought comment on in the Eighth Further 
Notice to increase use of the band while declining to adopt technical 
standards to promote interoperability or a spectrum management role for 
Regional Planning Committees (RPCs). Finally, the Commission retains 
the freeze for all applicants who are not already 4.9 GHz licensees. 
Consequently, the rules we adopt in the Seventh Report and Order 
further our goal to maximize use of the 4.9 GHz band to support public 
safety while opening the door for limited non-public safety use and a 
more robust equipment market.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    16. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by Chief Counsel for Advocacy of the Small 
Business Administration

    17. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments.
    18. The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

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

    19. The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' 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).
    20. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset,

[[Page 12568]]

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 32.5 million businesses.
    21. 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.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2020, there were 
approximately 447,689 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    22. 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 2017 Census of Governments indicate that there 
were 90,075 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 36,931 general purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment populations of less than 50,000. Accordingly, 
based on the 2017 U.S. Census of Governments data, we estimate that at 
least 48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    23. Frequency Coordinators. Frequency coordinators are entities or 
organizations certified by the Commission to recommend frequencies for 
use by licensees in the Private Land Mobile Radio Services (PLMR) that 
will most effectively meet the applicant's needs while minimizing 
interference to licensees already operating within a given frequency 
band. Neither the Commission nor the SBA have developed a small 
business size standard specifically applicable to spectrum frequency 
coordinators. Business Associations which comprises establishments 
primarily engaged in promoting the business interests of their member, 
is the closest applicable industry with a SBA small business size 
standard.
    24. The SBA small business size standard for Business Associations 
classifies firms with annual receipts of $8 million or less as small. 
For this industry, U.S. Census Bureau data for 2017 show that there 
were 14,540 firms that operated for the entire year. Of these firms, 
11,215 had revenue of less than $5 million. Based on this data, the 
majority of firms in the Business Associations industry can be 
considered small. However, the Business Associations industry is very 
broad and does not include specific figures for firms that are engaged 
in frequency coordination. Thus, the Commission is unable to ascertain 
exactly how many of the frequency coordinators are classified as small 
entities under the SBA size standard. According to Commission data, 
there are 13 entities certified to perform frequency coordination 
functions under Part 90 of the Commission's rules. For purposes of this 
FRFA the Commission estimates that a majority of the 13 FCC-certified 
frequency coordinators are small.
    25. 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. Wireless Telecommunications Carriers (except Satellite) which 
encompasses business entities engaged in radiotelephone communications, 
is the closest industry with an SBA small business size standard 
applicable to these services. The SBA small size standard for this 
industry classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus under the 
SBA size standard, the Commission estimates licensees in this industry 
can be considered small.
    26. Based on Commission data as of December 14, 2021, there are 
approximately 387,370 active PLMR licenses. Active PLMR licenses 
include 3,577 licenses in the 4.9 GHz band; 19,011 licenses in the 800 
MHz band; and 2,716 licenses in the 900 MHz band. Since the Commission 
does not collect data on the number of employees for licensees 
providing these services, at this time we are not able to estimate the 
number of licensees with active licenses that would qualify as small 
under the SBA's small business size standard. Nevertheless, the 
Commission believes that a substantial number of PLMR licensees are 
small entities.
    27. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.
    28. 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 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2021 Universal 
Service Monitoring Report, as of December 31, 2020, there were 797 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 715 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.

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

    29. Band Manager. In the Seventh Report and Order, the Commission 
adopted a single, nationwide framework for the 4.9 GHz band, that is 
centered

[[Page 12569]]

around a new Band Manager, which will be equipped with additional 
information about the current public safety use of the band and 
empowered to work with public safety licensees to ensure efficient use 
of this spectrum and enable new, non-commercial operations on a 
secondary, preemptable basis. Once selected, the Band Manager will have 
three primary responsibilities: (1) frequency coordination; (2) 
incentivizing the use of the latest commercially available 
technologies, including 5G; and (3) facilitating secondary non-public 
safety use.
    30. Licensing Database. In the Seventh Report and Order, the 
Commission adopts a requirement to collect more granular data on public 
safety deployments in ULS. We require small and other incumbent 
licensees and future applicants to supply complete microwave path data 
for fixed links, and to license base stations (currently authorized 
under the geographic license scheme) on a site-by-site basis. 
Specifically, we require applicants for and current licensees of point-
to-point (P-P), point-to-multipoint (P-MP), and fixed receivers to 
provide the following information: transmitter and receiver antenna 
coordinates, azimuth (direction), polarization, beamwidth, physical 
dimensions, gain, and height above ground, as well as transmit details 
such as power, channel, bandwidth, and emissions. These requirements 
are consistent with existing Commission microwave radio service rules. 
We require applicants for and current licensees of base/mobile 
operations to provide the following information: coordinates (base), 
height above average terrain (base), number of units (mobile), mobile 
area of operation, power, channels, and emissions. These requirements 
are consistent with existing Commission private land mobile radio 
service rules.
    31. The Commission directed the Public Safety and Homeland Security 
Bureau and the Wireless Telecommunications Bureau to make necessary 
enhancements to ULS and announce by public notice when ULS is prepared 
to accept more granular data on public safety operations in the 4.9 GHz 
band. Incumbent licensees and future applicants seeking to license 
point-to-point, point-to-multi-point, and fixed receivers as well as 
base/mobile, mobile-only or temporary fixed operations are required to 
use FCC Form 601. There will not be any application fees associated 
with this information collection for public safety entities because 
they are exempt from application fees pursuant to 47 CFR 1.1116(b).
    32. The Seventh Report and Order gives incumbent geographic 
licensees one year to identify and submit the necessary technical data 
into the ULS, including P-P links, P-MP hubs, fixed receivers, base 
stations, and mobiles that are not currently licensed site-by-site. We 
believe that collecting this data will improve the level of 
interference protection licensees receive in the band; and will create 
a more predictable and transparent spectrum environment for any current 
and future users of the band, including potential non-public safety 
users. The Commission estimates the average burden for each applicant 
completing FCC Form 601 and associated schedules to be 1.25 hours, 
which includes ``the time to read the instructions, look through 
existing records, gather and maintain required data, and actually 
complete and review the form or response.''
    33. Frequency Coordination. In the Seventh Report and Order, the 
Commission adopts a part 90 formal frequency coordination requirement 
for public safety applicants seeking to license facilities in the 4.9 
GHz band and assigns nationwide authority to the Band Manager to 
perform the coordination function. Specifically, the Band Manager will 
review applications from public safety entities seeking to license 
facilities in the 4.9 GHz band before they are filed with the 
Commission. It will perform an interference analysis and recommend to 
applicants the most appropriate channel(s), bandwidth, operating power, 
area of operation (if mobile or temporary fixed operation is 
requested), or any other technical criteria which promotes robust use 
of the band while minimizing interference to incumbent licensees. 
Furthermore, once a Band Manager is in place, all applications filed 
with the Commission via ULS which seek to license new facilities or 
modify existing facilities in the 4.9 GHz band must include a showing 
of frequency coordination by the Band Manager. Finally, we allow the 
Band Manager to outsource the interference analysis portion of its 
frequency coordination duties to third parties.
    34. Non-Public Safety Use of the Band. We amended our rules in the 
Seventh Report and Order to allow non-public safety use of the band by 
small and other non-public safety operators as authorized by the Band 
Manager. Non-public safety operations are required to fully protect 
and, when necessary, abide by preemption rules regarding the public 
safety operations which will remain the primary use of the band. Non-
public safety operators will not be licensed. Licensed operations will 
remain exclusively in support of public safety. Further, the Band 
Manager will centrally coordinate non-public safety access and will 
create a standardized set of rules and contractual provisions for such 
access by small and other non-public safety operators, which will 
ensure that public safety retains priority and preemption rights.

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

    35. The RFA requires an agency to provide, ``a description of the 
steps the agency has taken to minimize the significant economic impact 
on small entities . . . including a statement of the factual, policy, 
and legal reasons for selecting the alternative adopted in the final 
rule and why each one of the other significant alternatives to the rule 
considered by the agency which affect the impact on small entities was 
rejected.''
    36. The Commission's actions in the Seventh Report and Order 
require small and other public safety incumbents and future applicants 
for the 4.9 GHz band to submit more granular data on FCC Form 601, 
however, the economic impact will be minimized since, as noted above, 
there aren't any application fees associated with filing this 
information in the ULS. We have also taken steps to minimize the burden 
of submitting the data by collecting the technical information on forms 
which licensees in the public safety community are already familiar 
with because they use these same forms to file license applications in 
other frequency bands. Furthermore, we provide small and other 
incumbent licensees a one-year period to submit the necessary technical 
details into the ULS. As we note in the Seventh Report and Order, 
collecting the additional technical data on public safety operations 
will benefit public safety licensees operating in the band because it 
will improve interference protection and give public safety licensees 
more confidence in the band without adding a significant burden on 
licensees or applicants to submit the data.
    37. While small and other public safety applicants seeking to 
license facilities in the 4.9 GHz band will be subject to formal 
frequency coordination procedures, the economic impact will be 
minimized since we adopt a frequency coordination process which public 
safety licensees operating PLMR facilities in other frequency bands are 
familiar. Once in place, the formal frequency coordination process will 
ensure the efficient assignment and use

[[Page 12570]]

of spectrum by public safety licensees while minimizing interference to 
incumbent public safety licensees. Consequently, the frequency 
coordination process will improve interference protection and give 
public safety licensees more confidence in the band without adding a 
significant burden on applicants.
    38. The Commission considered but declined to adopt a more active 
form of frequency coordination for public safety operations in the 4.9 
GHz band, such as the automated frequency coordination in the 6 GHz 
band or the spectrum access system that facilitates dynamic spectrum 
sharing in the Citizens Broadband Radio Service (CBRS). No comments 
were filed specifically addressing the costs associated with more 
active forms of frequency coordination, both in terms of setup and 
implementation going forward, compared to traditional part 90 frequency 
coordination. Thus, given the lack of record on costs associated with 
more active forms of frequency coordination, and the likelihood of 
considerable disruption to small and other incumbent licensees caused 
by the need to upgrade or replace all of their equipment currently in 
use, the Commission determined the public interest is best served by 
adopting the part 90 frequency coordination framework which does not 
require any modification of or replacement to equipment currently in 
use in the band.
    39. In the Seventh Report and Order we also declined to adopt a 
spectrum management role at 4.9 GHz for RPCs given the lack of 
necessary funding and resources for RPCs nationwide, the lack of 
expertise in the types of technology likely to be deployed in the band, 
and a lack of consensus in the record that regional planning is 
consistent with our goal of establishing a national framework for the 
band. This decision imposes zero burdens and costs and thus imposes no 
significant economic impact on RPCs and the NRPC, all of which we 
estimate to be small entities.
    40. Further, we believe our decision to allow small and other non-
public safety operators use of the 4.9 GHz band as detailed in the 
Seventh Report and Order will provide economic benefits for small 
entities and strikes the proper balance between allowing localized 
control of 4.9 GHz band operations by public safety licensees and 
reducing interference, while also ensuring consistent, nationwide rules 
that will promote overall spectral efficiency, foster innovation, and 
drive down equipment costs.
    41. Finally, the Commission also considered but declined to: (1) 
impose an interoperability standard in light of the wide variety of 
uses and potential uses of the band, imposing such standards at this 
juncture could lead to fewer equipment options thereby potentially 
stifling innovation and contradicting our goal of reducing equipment 
costs; (2) adopt our proposal to limit temporary P-P operations to 
thirty days maximum over a given path over a one-year period because 
such a limitation would limit flexibility in the band, and (3) adopt 
our proposal to require a minimum antenna gain for P-P antennas because 
commercially available antennas would be rendered non-compliant such a 
limitation could inhibit development of a robust and affordable 
equipment market for the band that leverages commercially available 
antennas and technologies.

G. Report to Congress

    42. The Commission will send a copy of the Seventh Report and Order 
and Ninth Further Notice, including this FRFA, in a report to Congress 
pursuant to the Congressional Review Act. In addition, the Commission 
will send a copy of the Seventh Report and Order and Ninth Further 
Notice, including this FRFA, to the Chief Counsel for Advocacy of the 
SBA. A copy of the Seventh Report and Order and Ninth Further Notice, 
and FRFA (or summaries thereof) will also be published in the Federal 
Register.

Ordering Clauses

    43. Accordingly, it is ordered that, pursuant to the authority 
found in sections 4(i), 302, 303(b), 303(f), 303(g), 303(r), 309(j), 
316, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 302a, 303(b), 303(f), 303(g), 303(r), 309(j), 316, and 405, 
this Seventh Report and Order and Ninth Further Notice of Proposed 
Rulemaking is hereby adopted.
    44. It is further ordered that this Report and Order shall be 
effective 30 days after publication in the Federal Register. Compliance 
with section 90.175(g)(2) and section 90.1207(e)-(f) of the 
Commission's rules, 47 CFR 90.175(g)(2) and 47 CFR 90.1207(e)-(f), 
which may contain new or modified information collection requirements, 
will not be required until the date specified in the Public Notice to 
be issued by the Public Safety and Homeland Security Bureau and the 
Wireless Telecommunications Bureau announcing that the Office of 
Management and Budget has completed review of any information 
collection requirements associated with this Report and Order or that 
they have determined such review is not required, which date shall be 
no earlier than one year after the publication of this Report and Order 
in the Federal Register. The Commission directs the Public Safety and 
Homeland Security Bureau and the Wireless Telecommunications Bureau to 
announce the compliance date for section 90.175(g)(2) and section 
90.1207(e)-(f) by subsequent Public Notice and to cause section 90.175 
and section 90.1207 to be revised accordingly.
    45. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Seventh Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.

List of Subjects in 47 CFR Part 90

    Private Land Mobile Radio Services.

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 as follows:

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


0
2. Amend Sec.  90.155 by revising paragraph (a) to read as follows:


Sec.  90.155  Time in which station must be placed in operation.

    (a) All stations authorized under this part, except as provided in 
Sec. Sec.  90.528, 90.529, 90.629, 90.631(f), 90.665, and 90.685 must 
be placed in operation within twelve (12) months from the date of grant 
or the authorization cancels automatically and must be returned to the 
Commission.
* * * * *

0
3. Amend Sec.  90.175 by revising paragraph (g) and removing and 
reserving paragraph (j)(22).
    The revision reads as follows:


Sec.  90.175  Frequency coordinator requirements.

* * * * *
    (g) For frequencies between 1427-1432 MHz and 4940-4990 MHz: A 
statement is required as follows.
    (1) For frequencies between 1427-1432 MHz: A statement is required 
from

[[Page 12571]]

the coordinator recommending the most appropriate frequency, operating 
power and area of operation in accordance with the requirements of 
Sec.  90.259(b).
    (2) For frequencies between 4940-4990 MHz: A statement is required 
from the nationwide band manager recommending the most appropriate 
channel(s), bandwidth, operating power, and any other technical 
parameter which promotes robust and efficient use of the band while 
minimizing interference based on the standard for harmful interference 
specified in Sec.  90.1211(a).
    (3) Compliance date. Paragraph (g)(2) of this section may contain 
information collection and/or recordkeeping requirements. Compliance 
with paragraph (g)(2) will not be required until this paragraph (g)(3) 
is removed or contains a compliance date, which will not occur until 
the date specified in a final rule published by the FCC announcing that 
the Office of Management and Budget has completed review of any 
information collection requirements associated with paragraph (g)(2) of 
this section or that they have determined such review is not required, 
which date shall be no earlier than February 28, 2024.
* * * * *

0
4. Amend Sec.  90.1207 by revising paragraph (d) and adding paragraphs 
(e), (f), and (g) to read as follows:


Sec.  90.1207  Licensing.

* * * * *
    (d) Permanent fixed point-to-point and point-to-multipoint stations 
in the 4940-4990 MHz band must be licensed individually on a site-by-
site basis. Such fixed stations are accorded primary status. Permanent 
fixed point-to-point and point-to-multipoint stations must use 
directional antennas with gains greater than 9 dBi.
    (e) Applications for license in the 4940-4990 MHz band must include 
the following technical information.
    (1) The license for base/mobile, mobile-only or temporary fixed (1 
year or less) stations will specify, among other parameters, the 
following technical information:
    (i) Coordinates (base).
    (ii) Antenna height-to-tip (base and temporary fixed).
    (iii) Antenna height above average terrain (base).
    (iv) Center frequency, emission designator, and ERP.
    (v) Number of units (mobile and temporary fixed).
    (vi) Area of operation (mobile and temporary fixed), which shall be 
limited to the geographic area encompassing the legal jurisdiction of 
the licensee or, in case of a nongovernmental organization, the legal 
jurisdiction of the state or local governmental entity supporting the 
nongovernmental organization. However, applicants may define their 
areas of operation outside of their areas of legal jurisdiction to 
assist public safety operations with the permission of the 
jurisdiction(s) in which the mobile and/or temporary fixed stations are 
to be operated.
    (2) The license for permanent fixed point-to-point, point-to-
multipoint and fixed receiver stations must include, among other 
parameters, the following technical information:
    (i) Transmitting station coordinates.
    (ii) Frequencies and polarizations.
    (iii) For the transmitting equipment, the tolerance, effective 
isotropic radiated power, emission designator, and type of modulation 
(digital).
    (iv) For the transmitting antenna(s), the model, gain, antenna 
center line height(s) above ground level and ground elevation above 
mean sea level.
    (v) Receiving station coordinates.
    (vi) For the receiving antenna(s), the model, gain, antenna center 
line height(s) above ground level and ground elevation above mean sea 
level.
    (vii) Path azimuth and distance.
    (f) Licensees holding active authorizations for the 4940-4990 MHz 
band on March 30, 2023 shall file the complete site-by-site information 
described in paragraph (e) of this section for their existing radio 
systems in the Commission's Universal Licensing System by the 
compliance date specified in paragraph (g) of this section.
    (g) Paragraphs (e) and (f) of this section may contain information 
collection and/or recordkeeping requirements. Compliance with 
paragraphs (e) and (f) will not be required until this paragraph (g) is 
removed or contains a compliance date, which will not occur until the 
date specified in a final rule published by the FCC announcing that the 
Office of Management and Budget has completed review of any information 
collection requirements associated with paragraphs (e) and (f) of this 
section or that they have determined such review is not required, which 
date shall be no earlier than February 28, 2024.

0
5. Amend Sec.  90.1209 by revising paragraph (d) to read as follows:


Sec.  90.1209  Policies governing the use of the 4940-4990 MHz band.

* * * * *
    (d) Stations must be placed into operation within twelve (12) 
months from the date of grant in accordance with Sec.  90.155. 
Licensees of temporary fixed stations must place at least one such 
station in operation within twelve months of license grant.

0
6. Amend Sec.  90.1213 by revising paragraphs (a) introductory text and 
(b) to read as follows:


Sec.  90.1213  Band plan.

    (a) The following table lists center frequencies for channels in 
the 4940-4990 MHz band. Channel numbers 1 through 5 and 14 through 18 
are 1 MHz bandwidth channels, and channel numbers 6 through 13 are 5 
MHz bandwidth channels.
* * * * *
    (b) The channels listed in the table in paragraph (a) of this 
section may be aggregated in any manner up to 50 MHz for wider 
bandwidth operation. Nonetheless, applicants should request no more 
bandwidth than necessary for a particular use.

0
7. Amend Sec.  90.1215 by revising the introductory text and paragraph 
(a)(1) and adding paragraph (f) to read as follows:


Sec.  90.1215  Power limits.

    Except as provided in paragraph (f) of this section, the 
transmitting power of stations operating in the 4940-4990 MHz band must 
not exceed the maximum limits in this section.
    (a)(1) For base, mobile, and temporary fixed operations, the 
maximum conducted output power must not exceed:

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                 Low power    High power
                                                  maximum      maximum
           Channel  bandwidth (MHz)              conducted    conducted
                                                   output       output
                                                power (dBm)  power (dBm)
------------------------------------------------------------------------
1.............................................            7           20
5.............................................           14           27
10............................................           17           30
15............................................         18.8         31.8
20............................................           20           33
30............................................         21.8         34.8
40............................................           23           36
50............................................           24           37
------------------------------------------------------------------------

* * * * *
    (f) The transmitting power of permanent fixed point-to-point and 
point-to-multipoint stations operating in the 4940-4990 MHz band must 
not exceed the maximum limits in this paragraph (f). Moreover, 
applicants should request no more power than necessary for a particular 
use.
    (1) The maximum equivalent isotropically radiated power (EIRP), as 
referenced to an isotropic radiator, must not exceed 55 dBW (85 dBm).

[[Page 12572]]

    (2) For path lengths shorter than 17 kilometers, the EIRP shall not 
exceed the value derived from the following equation: New EIRP limit = 
55 dBW--40*log(17/B) dBW, where B = the actual path length in 
kilometers.

0
8. Add Sec.  90.1217 to subpart Y to read as follows:


Sec.  90.1217  4.9 GHz Band Manager.

    The 4.9 GHz Band Manager will have the following three primary 
responsibilities:
    (a) Frequency coordination for public safety applications;
    (b) Incentivizing the use of the latest commercially available 
technologies, including 5G; and
    (c) Facilitating non-public safety use of the 4.9 GHz band.

[FR Doc. 2023-02597 Filed 2-27-23; 8:45 am]
BILLING CODE 6712-01-P