[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46690-46691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21596]
[[Page 46690]]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PS Docket No. 16-269; FCC 17-75]
Procedures for Commission Review of State Opt-Out Request From
the FirstNet Radio Access Network
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) addresses the 758-769/788-799 MHz band, which the
Commission licensed to the First Responder Network Authority (FirstNet)
on a nationwide basis pursuant to the provisions of the Middle Class
Tax Relief and Job Creation Act of 2012. The Report and Order adopts
procedures for administering the state opt-out process as provided
under the Public Safety Spectrum Act, as well delineating the specific
standards by which the Commission will evaluate state opt-out
applications.
DATES: Effective November 6, 2017, except for Sec. 90.532(b) and (c),
which contain information collection requirements that are not
effective until approved by the Office of Management and Budget. The
FCC will publish a document in the Federal Register announcing the
effective date for those sections.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554. In addition to filing comments with the Office of
the Secretary, a copy of any comments on the Paperwork Reduction Act
information collection requirements contained herein should be
submitted to Nicole Ongele at (202) 418-2991.
FOR FURTHER INFORMATION CONTACT: Roberto Mussenden, Policy and
Licensing Division, Public Safety and Homeland Security Bureau, (202)
418-1428. For additional information concerning the Paperwork Reduction
Act information collection requirements contained in this document,
contact Nicole Ongele at 202-418-2991, or send an email to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, PS Docket No. 16-269; FCC 17-75, adopted and released on
June 22, 2016. The complete text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Information Center, 445 12th Street SW., Room CY-A257,
Washington, DC 20554 and can be downloaded at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-75A1.pdf.
In 2016, the Commission's Notice of Proposed Rulemaking (NPRM), 81
FR 64825, September 21, 2016, sought comment sought comment on
implementation of the opt-out review process to be conducted by the
Commission, pursuant to certain provisions of the Public Safety
Spectrum Act. These included: The procedures and timing for states to
notify FirstNet, NTIA, and the Commission of their opt-out elections,
completing their RFPs, and for filing their alternative state plans
with the Commission; the Commission review process, including timing,
defining the scope of participation by interested parties, and
treatment of confidential information; what criteria that Commission
will use in evaluating alternative state plans; what elements states
should include in their alternative state plans to demonstrate
compliance with the relevant statutory criteria; and how the
Commission's decisions to approve or disapprove alternative state plans
will be documented.
In the Report and Order, the Commission finds that the 90-day
period states have to inform the Commission of its opt-out decision
shall commence when a state has received statutory ``notice'' from
FirstNet of the final plan for that state. The Commission also finds
that within 180 days of providing its opt-out notice to the Commission,
a state must have (1) issued an RFP providing for full deployment of
the state RAN (i.e., the RFP must cover the actual network build, not
merely development of a plan) and (2) received firm commitment bids on
the RFP and selected a winning bidder. A state has 240 days from the
opt-out notification date to file its alternative plan with the
Commission.
The Commission specifies that Plans filed with the Commission must,
at a minimum, (1) address the four general subject areas identified in
the Act (construction, maintenance, operation, and improvements of the
state RAN), (2) address the two interoperability requirements set forth
in sections 6302(e)(3)(C)(i)(I) and (II) of the Act, and (3)
specifically address all of the requirements of the Technical Advisory
Board for First Responder Interoperability.
The Commission will treat each state opt-out application as a
separate restricted proceeding under our rules. The parties to these
proceedings will initially include the state filing the application,
FirstNet, and NTIA. Other persons or entities seeking to participate in
a proceeding may petition the Commission for leave to intervene based
on a demonstrated showing of interest. The Commission further imposes a
90-day aspirational shot clock upon itself for Commission action on a
properly filed alternative plan.
The Commission will confine its review to the RAN elements of state
alternative plans, which it defines as all the cell site equipment,
antennas, and backhaul equipment, based on commercial standards, that
are required to enable wireless communications with devices using the
public safety broadband spectrum including standard E-UTRAN elements
(e.g., the eNodeB) and including, but not limited to, backhaul to
FirstNet designated consolidation points.
Finally the Commission states that the full Commission will issue a
separate Order for each opt-out request. Each order will provide a
brief explanation of the Commission's decision based on the statutory
criteria as applied to the information submitted in the record.
This document contains new information collection requirements. The
Commission, as part of its continuing effort to reduce paperwork
burdens, invited the general public to comment on the information
collection requirements contained in this R&O as required by the
Paperwork Reduction Act of 1995, Public Law 104-13. 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), we
previously sought specific comment on how the Commission might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
In this present document, we have assessed the effects of state
opt-out procedures and find that they have no effect on businesses with
fewer than 25 employees.
The Commission sent a copy of this Report & Order 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, Common carriers, Radio,
Reporting and recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications
[[Page 46691]]
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: 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), and Title VI of the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
0
2. Section 90.532 is amended by revising the section heading,
designating the undesignated paragraph as paragraph (a), adding a
paragraph heading to newly designated paragraph (a), and adding
paragraphs (b) through (f) to read as follows:
Sec. 90.532 Licensing of the 758-769 MHz and 788-799 MHz Bands; State
opt-out election and alternative plans.
(a) First Responder Network Authority license and renewal. * * *
(b) State election to opt out of the First Responder Network
Authority Nationwide Network. No later than 90 days after receipt of
notice from the First Responder Network Authority under section
6302(e)(1) of the Middle Class Tax Relief and Job Creation Act of 2012,
Public Law 112-96, 126 Stat. 156 (Spectrum Act), any State Governor or
the Governor's designee shall file with the Commission a notification
of the Governor's election to opt out and conduct its own deployment of
a State radio access network pursuant to section 6302(e)(2)(B) of the
Middle Class Tax Relief and Job Creation Act of 2012. This notification
shall be sent to a dedicated email address specified by the Commission
or via certified mail to the Secretary's office. At the conclusion of
the opt-out notification period, the Public Safety and Homeland
Security Bureau shall issue one or more Public Notices denoting which
states have elected to opt out. In addition:
(1) Such notification shall also certify that the State has
notified the First Responder Network Authority and the National
Telecommunications and Information Administration of its election.
(2) If such notice is filed by the Governor's designee, it shall
include memorialization of the Governor's delegation of authority in
writing with the notice.
(c) Petitions for leave to intervene. Entities other than the First
Responder Network Authority, the National Telecommunications and
Information Administration, and the relevant state may petition the
Commission for leave to intervene. Such a petition must be made within
30 days of the Public Notice issued in conformance with paragraph (b)
of this section. The petition must note the specific plan on which the
filer wishes to comment and clearly detail the filer's interest in the
proceeding. This includes an explanation of the filer's interest in the
outcome of the particular state's application, as well as an
explanation of how the filer's interests are not otherwise represented
by the state, FirstNet, or NTIA, or how its participation would
otherwise aid the Commission in a full evaluation of the facts.
(d) Filing of alternative state plans by states electing to opt
out. No later than 240 days after filing notice of a State's election
with the Commission under paragraph (b) of this section, the State
Governor or the Governor's designee shall file an alternative plan with
the Commission for the construction, maintenance, operation, and
improvements of the State radio access network. Alternative plans may
be sent to a dedicated email address specified by the Commission or via
certified mail to the Office of the Secretary.
(e) Contents of alternative state plans. An alternative state plan
shall include:
(1) An interoperability showing, demonstrating:
(i) Compliance with the minimum technical interoperability
requirements developed under section 6203 of the Middle Class Tax
Relief and Job Creation Act of 2012; and
(ii) Interoperability with the nationwide public safety broadband
network.
(2) Certifications by the State Governor or the Governor's
designee, attesting:
(i) Adherence to FirstNet network policies identified by FirstNet
as relating to technical interoperability; and
(ii) Completion of the state's request for proposal within 180 days
of receipt of notice of the State Plan furnished by the First Responder
Network Authority. Such certification may only be made if the state
has:
(A) Issued a request for proposal for the state's Radio Access
Network;
(B) Received bids for such network; and
(C) Selected a vendor(s).
(f) Commenting on alternative state plans. Within 10 business days
of the submission of an alternative state plan the Public Safety and
Homeland Security Bureau shall determine whether the plan is acceptable
for filing under the criteria set forth under paragraphs (d) and (e) of
this section. The Bureau shall issue a Public Notice identifying each
plan that has been accepted for filing and initiating an abbreviated
comment cycle.
(1) The First Responder Network Authority, the National
Telecommunications and Information Administration, and any entity
granted party status under paragraph (c) of this section may file
comments within 15 days of the issuance of the Public Notice set forth
in this paragraph (f).
(2) The relevant state may file reply comments within 30 days of
the issuance of the Public Notice set forth in this paragraph (f).
(3) States can file the plans, and those granted party status to
each proceeding may file comments on the plan, in the specified state
docket via a dedicated email address specified by the Commission or via
certified mail to the Office of the Secretary.
[FR Doc. 2017-21596 Filed 10-5-17; 8:45 am]
BILLING CODE 6712-01-P