[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Rules and Regulations]
[Pages 51271-51272]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20831]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket No. 06-229; WT Docket 06-150; WP Docket 07-100; FCC 11-6]


Implementing a Nationwide, Broadband, Interoperable Public Safety 
Network in the 700 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts an initial set of 
rules necessary to ensure the development of a nationwide interoperable 
public safety broadband network. The establishment of a common air 
interface for 700 MHz public safety broadband networks will create a 
foundation for interoperability and provide a clear path for the 
deployment and evolution of the nationwide network.

DATES: Effective: August 18, 2011, except Sec.  90.1407(f) which 
contains information collections requirements that have not been 
approved by OMB. The Federal Communications Commission will publish a 
document in the Federal Register announcing the effective date. The 
incorporation by reference of certain publications listed in the rules 
is approved by the Director of the Federal Register as of August 18, 
2011.

FOR FURTHER INFORMATION CONTACT: Jennifer Manner, Federal 
Communications Commission, Public Safety and Homeland Security Bureau, 
445 12th Street, SW., Room 7-C761, Washington, DC 20554. Telephone: 
(202)-418-3619, e-mail: jennifer.manner@fcc.gov.

SUPPLEMENTARY INFORMATION: In the Third Report and Order, FCC 11-6, 
adopted January 25, 2011, and released January 26, 2011, the Commission 
adopted rules to promote development of a nationwide interoperable 
public safety broadband network. The Commission designated Long Term 
Evolution (LTE), in particular at least 3GPP Standard, Evolved 
Universal Terrestrial Radio Access (E-UTRA) Release 8 (LTE) and 
associated Evolved Packet Core (EPC), as the common technology platform 
for the nationwide network. The Commission also required that public 
safety broadband network operators submit to the Public Safety and 
Homeland Security Bureau a certification that their networks support 
required LTE interfaces. The Commission also stayed certain Part 90 
rules that were designed to implement a mandatory public-private 
partnership that has not materialized. These rules include 47 CFR 
90.1403(b)(1), (2), (3), (5), (8); 90.1405 through 90.1430; and 
90.1435. The Third Report and Order is available at http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0204/FCC-11-6A1.pdf.
    As required by the Regulatory Flexibility Act, the Commission 
certifies that the requirements of the Third Report and Order will not 
have a significant economic impact on a substantial number of small 
entities. The Third Report and Order contains new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. It 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. The Commission shall send a 
copy of the Third 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).

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Business and industry, Civil 
defense, Common carriers, Communications equipment, Emergency medical 
services, Incorporation by reference, Individuals with disabilities, 
Radio, Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, The Federal 
Communications Commission amends 47 CFR part 90 as follows:

[[Page 51272]]

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read as follows:

    Authority:  Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7) unless otherwise noted.


0
2. Section 90.7 is amended by adding definitions for ``Public Safety 
Broadband Network Operator'' and ``Service Availability'' and revising 
the definition for ``Upper 700MHz D Block license'' to read as follows:


Sec.  90.7  Definitions.

* * * * *
    Public Safety Broadband Network Operator. A Public Safety Network 
Operator is a public safety entity that is authorized by lease or other 
permitted mechanism under the Public Safety Broadband License to 
operate a public safety broadband network in the 763-768 MHz and 793-
798 MHz bands.
* * * * *
    Service Availability. The use of a public safety broadband network 
on a day-to-day basis for operational purposes by at least fifty users.
* * * * *
    Upper 700 MHz D Block license. The Upper 700 MHz D Block license 
authorizes services in the 758-763 MHz and 788-793 MHz bands.
* * * * *
0
3. Section 90.203 is amended by adding paragraph (p) to read as 
follows:


Sec.  90.203  Certification required

* * * * *
    (p) Equipment certification for transmitters in the 763-769 and 
793-799 MHz Bands. Applications for all transmitters must show support 
for at least 3GPP TS 23.401, V8.8.0 (2009-12), ``3rd Generation 
Partnership Project; Technical Specification Group Services and System 
Aspects; General Packet Radio Service (GPRS) enhancements for Evolved 
Universal Terrestrial Radio Access Network (E-UTRAN) access (Release 
8),'' December, 2009, which is incorporated by reference. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
inspected at the Federal Communications Commission, 445 12th Street, 
SW., Washington, DC 20554 or National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of the 3GPP Standard E-UTRA Release 8 can be 
obtained from 3GPP Mobile Competence Centre, c/o ETSI, 650, route des 
Lucioles, 06921 Sophia-Antipolis Cedex, France, Tel: +33 (0)4 92 94 42 
00, Fax: +33 4 93 65 47 16, http://www.3gpp.org.

0
4. Section 90.1407 is amended by adding paragraphs (d) through (f) to 
read as follows:


Sec.  90.1407  Spectrum use in the network.

* * * * *
    (d) Public Safety Broadband Network Operators must use at least 
3GPP TS 23.401, V8.8.0 (2009-12), ``3rd Generation Partnership Project; 
Technical Specification Group Services and System Aspects; General 
Packet Radio Service (GPRS) enhancements for Evolved Universal 
Terrestrial Radio Access Network (E-UTRAN) access (Release 8),'' 
December, 2009 (incorporated by reference). The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at the Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554 
or National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741- 6030, or go 
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of the 3GPP Standard E-UTRA 
Release 8 can be obtained from 3GPP Mobile Competence Centre, c/o ETSI, 
650, route des Lucioles, 06921 Sophia-Antipolis Cedex, France, Tel: +33 
(0)4 92 94 42 00, Fax: +33 4 93 65 47 16, http://www.3gpp.org. Later 
versions of this standard may be employed by Public Safety Broadband 
Network Operators provided they are backwards-compatible with this 
version.
    (e) Systems in the network must support the following interfaces: 
Uu-LTE air interface; S6a--Visited MME to Home HSS; S8--Visited SGW to 
Home PGW; S9--Visited PCRF to Home PCRF for dynamic policy arbitration; 
S10--MME to MME support for Category 1 handover support; X2--eNodeB to 
eNodeB; S1-u--between eNodeB and SGW; S1-MME--between eNodeB and MME; 
S5--between SGW and PGW; S6a--between MME and HSS; S11--between MME and 
SGW; SGi--between PGW and external PDN; Gx--between PGW and PCRF (for 
QoS policy, filter policy and charging rules); Rx--between PCRF and AF 
located in a PDN; Gy/Gz--offline/online charging interfaces.
    (f) A Public Safety Broadband Network Operator must submit to the 
Chief of the Public Safety and Homeland Security Bureau prior to 
deployment of any Radio Access Network equipment a certification that 
it will be in compliance with paragraph (e) of this section prior to 
the date its network achieves service availability.

[FR Doc. 2011-20831 Filed 8-17-11; 8:45 am]
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