Improving Public Safety Communications in the 800 MHz Band
| Citation | 86 FR 26423 |
| Record Number | 2021-10229 |
| Published date | 14 May 2021 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
Federal Register, Volume 86 Issue 92 (Friday, May 14, 2021)
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
