[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Rules and Regulations]
[Pages 20105-20106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08181]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[WT Docket No. 96-86; DA 12-1942]


Service Rules Governing Public Safety Narrowband Operations in 
the 769-775/799-805 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission amends its rules to change 
the date of the ``substantial service'' benchmarks applicable to 700 
MHz narrowband State licenses. This is intended to conform the dates 
used for the substantial service benchmarks under the Commission rules 
to the deadlines specified in the Commission's July 2011 Declaratory 
Ruling.

DATES: Effective April 11, 2014.

FOR FURTHER INFORMATION CONTACT: Difie Osborne, Esq., Policy and 
Licensing Division, Public Safety and Homeland Security Bureau, (202) 
418-3627, or by email at Difie.Osborne@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Order in WT Docket 
No. 96-86, DA 12-1942, adopted on December 2, 2012, and released on 
December 3, 2012. The document is available for download at http://fjallfoss.fcc.gov/edocs_public/. The complete text of this document is 
also available for inspection and copying during normal business hours 
in the FCC Reference Information Center, Portals II, 445 12th Street 
SW., Room CY-A257, Washington, DC 20554. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to FCC504@fcc.gov or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).
    1. In 1998, the Commission established the initial band plan and 
service rules for the 24 megahertz of public safety spectrum in the 700 
MHz

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band that was reallocated from television broadcast use as a result of 
the DTV transition. In 2000, the Commission designated 2.4 megahertz of 
the 700 MHz narrowband spectrum for statewide geographic licensing. In 
addition, the Commission also established ``substantial service'' 
performance requirements for the narrowband State licenses, which 
included five- and ten-year benchmarks for state licensees to establish 
specified levels of substantial service within their statewide license 
areas. The Commission determined that these benchmarks would be 
calculated based upon the anticipated completion date of the DTV 
transition: January 1, 2007. Accordingly, the Commission established 
its five- and ten-year benchmark deadlines listed in Sec.  90.529 based 
upon this January 1, 2007 date. Subsequently, however, the Commission 
extended the DTV transition date to June 12, 2009.
    2. In July 2011, the Commission issued a Declaratory Ruling 
establishing that the five- and ten-year substantial service deadlines 
set forth in Sec.  90.529 begin with the June 12, 2009 amended DTV 
transition date. Accordingly, the five- and ten-year substantial 
service deadlines occur on June 13, 2014 and June 13, 2019, 
respectively.
    3. In this Order, the Commission's Public Safety and Homeland 
Security Bureau, on delegated authority, conforms the ``substantial 
service'' deadlines in Sec.  90.529(b) for 700 MHz public safety state-
licensees to comply with the deadlines listed in the Commission's July 
2011 Declaratory Ruling. Thus, this Order revises the language of Sec.  
90.529(b) to accurately reflect the date determined in the Declaratory 
Ruling.
    4. The Order merely revises the language in Sec.  90.529(b) to 
accurately reflect the substantial service deadlines. These revisions 
are thus ministerial, non-substantive, and editorial. Accordingly, the 
Bureau found good cause to conclude that notice and comment procedures 
are unnecessary and would serve no useful purpose. Because the rule 
revisions will not affect the substantive rights or interests of any 
licensee, the Bureau also found good cause to make these non-
substantive, editorial revisions of the rules effective upon 
publication in the Federal Register.
    5. The Bureau adopted this Order pursuant to its delegated 
authority to ``conduct[] rulemaking proceedings'' in matters pertaining 
to public safety and homeland security. Pursuant to Sec.  0.392 of the 
Commission's rules, the Bureau Chief is ``delegated authority to 
perform all functions of the Bureau, described in . . . Sec.  0.191'' 
with certain specified exceptions. Specifically, Sec.  0.392(e) 
provides that the Bureau can make ministerial amendments to rule parts, 
with specific exceptions ``where novel questions of fact, law or policy 
are not involved.'' None of those exceptions is present here.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    6. Because the Commission adopted this Order without the 
publication of a notice of proposed rulemaking, the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., does not require the Commission 
to prepare a regulatory flexibility analysis.

B. Paperwork Reduction Act of 1995 Analysis

    7. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13. Therefore, it does not contain any new or modified 
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).

Ordering Clauses

    8. Accordingly, it is ordered that, pursuant to sections 1, 2, 
4(i), 303(r), 332 and 337 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154(i), 303(r), 332 and 337, and 
Sec. Sec.  0.191 and 0.392(e), 47 CFR 0.191, 0.392(e), the Order in WT 
Docket No. 96-86, DA 12-1942 is hereby adopted.
    9. It is further ordered that, pursuant to 5 U.S.C. 553(d)(3), the 
rules adopted herein will become effective upon publication in the 
Federal Register.
    10. It is further ordered that the Bureau shall send a copy of the 
Order in WT Docket No. 96-86, DA 12-1942 in a report to Congress and 
the General Accounting Office pursuant to the Congressional Review Act, 
5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 90

    Radio.

Federal Communications Commission.
David G. Simpson,
Rear Admiral, USN (ret.), Chief, Public Safety and Homeland Security 
Bureau.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR Part 90 to read as follows:

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).

0
2. Section 90.529 is amended by revising paragraphs (b)(1) and (b)(2) 
to read as follows:


Sec.  90.529  State License.

* * * * *
    (b) * * *
    (1) Providing or prepared to provide ``substantial service'' to 
one-third of their population or territory by June 13, 2014, i.e., 
within five years of the date that incumbent broadcasters are required 
to relocate to other portions of the spectrum;
    (2) Providing or prepared to provide ``substantial service'' to 
two-thirds of their population or territory by June 13, 2019, i.e., 
within ten years of the date that incumbent broadcasters are required 
to relocate to other portions of the spectrum.
* * * * *
[FR Doc. 2014-08181 Filed 4-10-14; 8:45 am]
BILLING CODE 6712-01-P