81_FR_63894 81 FR 63714 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012

81 FR 63714 - Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 180 (September 16, 2016)

Page Range63714-63716
FR Document2016-22361

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. We provide a mechanism to facilitate the relocation of the public safety narrowband incumbents currently operating on FirstNet's spectrum. We also affirmatively decline at this time to impose specific build-out requirements on FirstNet as a condition of renewal of its license.

Federal Register, Volume 81 Issue 180 (Friday, September 16, 2016)
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63714-63716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22361]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 90

[PS Docket Nos. 12-94, 06-229, 06-150; FCC 16-117]


Implementing Public Safety Broadband Provisions of the Middle 
Class Tax Relief and Job Creation Act of 2012

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. We provide a mechanism to 
facilitate the relocation of the public safety narrowband incumbents 
currently operating on FirstNet's spectrum. We also affirmatively 
decline at this time to impose specific build-out requirements on 
FirstNet as a condition of renewal of its license.

DATES: Effective October 17, 2016.

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 the Commission's Report 
and Order in PS Docket No. 12-94, FCC 16-117, adopted on August 24, 
2016 and released on August 25, 2016. 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 
[email protected] or call the Consumer & Governmental Affairs Bureau at 
202-418-0530 (voice), 202-418-0432 (TTY).
    1. In 2013, the Commission's Notice of Proposed Rulemaking (NPRM) 
sought comment on implementation of certain provisions of the Public 
Safety Spectrum Act, including how to relocate narrowband incumbents 
operating on the spectrum licensed to FirstNet, and how to address 
FirstNet's renewal expectations, including whether FirstNet should be 
subject to Commission-initiated build-out requirements.
    2. In the Report and Order, the Commission permits narrowband 
incumbents to remain on FirstNet's licensed spectrum until August 31,

[[Page 63715]]

2017, after which they will be required to vacate absent FirstNet's 
express consent to remain longer. In addition, the Commission prohibits 
continued operation by incumbents that have either previously 
discontinued operations or that are no longer in operation after the 
effective date of the Report and Order, and prohibits all narrowband 
incumbents from deploying additional facilities on FirstNet's licensed 
spectrum beyond those currently deployed as of the adoption date of the 
Report and Order. Accordingly, as of the adoption date of the Report 
and Order, the Commission terminates all authority to initiate new 
deployments pursuant to waivers previously granted by the Commission or 
Bureau, which had authorized deployment beyond the 2007 deadline.
    3. The Commission states specifies that under existing rules, any 
TV studio-transmitter links, TV relay stations, and TV translator relay 
stations operating on the FirstNet spectrum under Part 74, subpart G of 
the Commission's rules must cease operations within 120 days of 
receiving notice from FirstNet.
    4. The Commission concludes that there is no need or legal basis at 
this time for it to play a role in resolving disputes between FirstNet 
and incumbent licensees over relocation costs. The Commission also 
finds there is no need at this time to establish additional Commission 
rules to ensure rural coverage or any of the other requirements for 
renewal of FirstNet's license.

Procedural Matters

A. Final Regulatory Flexibility Analysis

    5. The Final Regulatory Flexibility Analysis required by section 
604 of the Regulatory Flexibility Act, 5 U.S.C. 604, is included in 
Appendix D of the Report and Order.

B. Paperwork Reduction Act of 1995 Analysis

    6. The Report and Order document does not contain new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13.

Final Regulatory Flexibility Analysis

    7. As required by the Regulatory Flexibility Act (RFA), an Initial 
Regulatory Flexibility Analysis (IRFA) was incorporated into the NPRM 
of this proceeding. The Commission sought written public comment on the 
IRFA. The RFA requires that an agency prepare a regulatory flexibility 
analysis for notice-and-comment rulemaking proceedings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' The RFA generally defines ``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). The present 
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

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

    8. In the Report and Order, we regulate the transition of different 
classes of incumbents now occupying portions of the spectrum to be 
licensed to FirstNet. These actions are based on our established 
authority under the Communications Act to regulate use of the spectrum 
consistent with the public interest, convenience and necessity and our 
authority under the Public Safety Spectrum Act ``to take all actions 
necessary to facilitate the transition'' of the existing public safety 
broadband spectrum to FirstNet.

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

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

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

    10. 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 proposed rules, if adopted. 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 SBA.
    11. Small Businesses, Small Organizations, and Small Governmental 
Jurisdictions. Our action may, over time, affect small entities that 
are not easily categorized at present. We therefore describe here, at 
the outset, three comprehensive, statutory small entity size standards. 
First, nationwide, there are a total of approximately 27.5 million 
small businesses, according to the SBA. In addition, a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of 2007, there were approximately 1,621,315 small 
organizations. Finally, the term ``small governmental jurisdiction'' is 
defined generally as ``governments of cities, towns, townships, 
villages, school districts, or special districts, with a population of 
less than fifty thousand.'' Census Bureau data for 2011 indicate that 
there were 89,476 local governmental jurisdictions in the United 
States. We estimate that, of this total, as many as 88,506 entities may 
qualify as ``small governmental jurisdictions.'' Thus, we estimate that 
most governmental jurisdictions are small.
    12. Public Safety Radio Licensees. As a general matter, Public 
Safety Radio Licensees include police, fire, local government, forestry 
conservation, highway maintenance, and emergency medical services. For 
the purpose of determining whether a Public Safety Radio Licensee is a 
small business as defined by the SBA, we use the broad census category, 
Wireless Telecommunications Carriers (except Satellite). This 
definition provides that a small entity is any such entity employing no 
more than 1,500 persons. With respect to local governments, in 
particular, since many governmental entities comprise the licensees for 
these services, we include under public safety services the number of 
government entities affected. According to Commission records, there 
are a total of approximately 133,870 licenses within these services. 
There are 2,442 licenses in the 4.9 GHz band, based on an FCC Universal 
Licensing System search of May 23, 2012. We estimate that fewer than 
2,442 public safety radio licensees hold these licenses because certain 
entities may have multiple licenses.
    13. Regional Planning Committees. Neither the Commission nor the 
SBA has developed a small business size standard specifically 
applicable to Regional Planning Committees (RPCs) and the National 
Regional Planning Council (NRPC). As described by the NRPC, ``[t]he 
National Regional Planning Council (NRPC) is an advocacy body formed in 
2007 that supports public safety communications spectrum management by 
Regional Planning Committees (RPC) in the 700 MHz and

[[Page 63716]]

800 MHz NPSPAC public safety spectrum as required by the Federal 
Communications Commission.'' The NRPC states that ``Regional Planning 
Committees consist of public safety volunteer spectrum planners and 
members that dedicate their time, in addition to the time spent in 
their regular positions, to coordinate spectrum efficiently and 
effectively for the purpose of making it available to public safety 
agency applicants in their respective region.'' There are 54 formed 
RPCs and one unformed RPC. The Commission has not developed a small 
business size standard specifically applicable to RPCs and the NRPC. 
The SBA rules, however, contain a definition for Wireless 
Telecommunications Carriers (except Satellite) which encompasses 
business entities engaged in radiotelephone communications employing no 
more than 1,500 persons. Under this category and size standard, we 
estimate that all of the RPCs and the NRPC can be considered small.
    14. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``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 has developed a small business size 
standard for Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, which is: All such firms having 
750 or fewer employees. According to Census Bureau data for 2007, there 
were a total of 939 establishments in this category that operated for 
part or all of the entire year. According to Census bureau data for 
2007, there were a total of 919 firms in this category that operated 
for the entire year. Of this total, 771 had fewer than 100 employees 
and 148 had more than 100 employees. Thus, under that size standard, 
the majority of firms can be considered small.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    15. Our actions will not require any reporting, recordkeeping or 
other compliance requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    16. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its approach, which may 
include the following four alternatives (among others): (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    17. Nonetheless, we recognized there may arguably be a significant 
number of small entities currently operating in FirstNet's spectrum 
that would need relocation. Thus, one mechanism the Commission 
considered to minimize the economic burden on incumbent operators was 
to consider whether FirstNet or some third party source could fund 
relocation, thereby relieving any incumbent small entities of this 
potentially substantial economic burden. It also evaluated whether 
FirstNet could accommodate incumbent narrowband operations within a 
portion of its licensed spectrum, either indefinitely or on a 
transitional basis.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    18. None.

G. Report to Congress

    19. The Commission will not send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
Commission did not adopt any rules of particular applicability.

Ordering Clauses

    20. Accordingly, it is ordered that, pursuant to sections 1, 4(i), 
4(j), 301, 303, and 316 of the Communications Act of 1934, as amended, 
47 U.S.C. 151, 154(i), 154(j), 301, 303, 316, as well as Title VI of 
the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 
112-96, 126 Stat. 156, the Report and Order is hereby adopted.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-22361 Filed 9-15-16; 8:45 am]
 BILLING CODE 6712-01-P



                                           63714            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations

                                           Children from Environmental Health                       or tribal governments, on the                              Senate, the U.S. House of
                                           Risks and Safety Risks’’ (62 FR 19885,                   relationship between the national                          Representatives, and the Comptroller
                                           April 23, 1997). This action does not                    government and the States or tribal                        General of the United States prior to
                                           contain any information collections                      governments, or on the distribution of                     publication of the rule in the Federal
                                           subject to OMB approval under the                        power and responsibilities among the                       Register. This action is not a ‘‘major
                                           Paperwork Reduction Act (PRA) (44                        various levels of government or between                    rule’’ as defined by 5 U.S.C. 804(2).
                                           U.S.C. 3501 et seq.), nor does it require                the Federal Government and Indian
                                                                                                    tribes. Thus, the Agency has determined                    List of Subjects in 40 CFR Part 180
                                           any special considerations under
                                           Executive Order 12898, entitled                          that Executive Order 13132, entitled                         Environmental protection,
                                           ‘‘Federal Actions to Address                             ‘‘Federalism’’ (64 FR 43255, August 10,                    Administrative practice and procedure,
                                           Environmental Justice in Minority                        1999) and Executive Order 13175,                           Agricultural commodities, Pesticides
                                           Populations and Low-Income                               entitled ‘‘Consultation and Coordination                   and pests, Reporting and recordkeeping
                                           Populations’’ (59 FR 7629, February 16,                  with Indian Tribal Governments’’ (65 FR                    requirements.
                                           1994).                                                   67249, November 9, 2000) do not apply                         Dated: September 1, 2016.
                                              Since tolerances and exemptions that                  to this action. In addition, this action
                                                                                                                                                               Daniel J. Rosenblatt,
                                           are established on the basis of a petition               does not impose any enforceable duty or
                                                                                                    contain any unfunded mandate as                            Acting Director, Registration Division, Office
                                           under FFDCA section 408(d), such as                                                                                 of Pesticide Programs.
                                           the tolerance in this final rule, do not                 described under Title II of the Unfunded
                                                                                                    Mandates Reform Act (UMRA) (2 U.S.C.                         Therefore, 40 CFR chapter I is
                                           require the issuance of a proposed rule,
                                                                                                    1501 et seq.).                                             amended as follows:
                                           the requirements of the Regulatory
                                                                                                       This action does not involve any
                                           Flexibility Act (RFA) (5 U.S.C. 601 et
                                                                                                    technical standards that would require                     PART 180—[AMENDED]
                                           seq.), do not apply.
                                                                                                    Agency consideration of voluntary
                                              This action directly regulates growers,               consensus standards pursuant to section                    ■ 1. The authority citation for part 180
                                           food processors, food handlers, and food                 12(d) of the National Technology                           continues to read as follows:
                                           retailers, not States or tribes, nor does                Transfer and Advancement Act                                   Authority: 21 U.S.C. 321(q), 346a and 371.
                                           this action alter the relationships or                   (NTTAA) (15 U.S.C. 272 note).
                                           distribution of power and                                                                                           ■ 2. In § 180.910, add alphabetically the
                                           responsibilities established by Congress                 VIII. Congressional Review Act                             following inert ingredient to the table to
                                           in the preemption provisions of FFDCA                      Pursuant to the Congressional Review                     read as follows:
                                           section 408(n)(4). As such, the Agency                   Act (5 U.S.C. 801 et seq.), EPA will                       § 180.910 Inert ingredients used pre- and
                                           has determined that this action will not                 submit a report containing this rule and                   post-harvest; exemptions from the
                                           have a substantial direct effect on States               other required information to the U.S.                     requirement of a tolerance.

                                                                                  Inert ingredients                                                   Limits                           Uses


                                                  *                  *                  *                                 *                             *                      *                    *
                                           Ammonium persulfate (CAS Reg.No. 7727–54–0) ......................................................               0.05%    Preservative

                                                     *                        *                       *                        *                        *                        *                  *



                                           [FR Doc. 2016–22366 Filed 9–15–16; 8:45 am]              provisions of the Middle Class Tax                         in the FCC Reference Information
                                           BILLING CODE 6560–50–P                                   Relief and Job Creation Act of 2012. We                    Center, Portals II, 445 12th Street SW.,
                                                                                                    provide a mechanism to facilitate the                      Room CY–A257, Washington, DC 20554.
                                                                                                    relocation of the public safety                            To request materials in accessible
                                                                                                    narrowband incumbents currently                            formats for people with disabilities
                                           FEDERAL COMMUNICATIONS
                                                                                                    operating on FirstNet’s spectrum. We                       (Braille, large print, electronic files,
                                           COMMISSION
                                                                                                    also affirmatively decline at this time to                 audio format), send an email to
                                           47 CFR Part 90                                           impose specific build-out requirements                     FCC504@fcc.gov or call the Consumer &
                                                                                                    on FirstNet as a condition of renewal of                   Governmental Affairs Bureau at 202–
                                           [PS Docket Nos. 12–94, 06–229, 06–150;                   its license.                                               418–0530 (voice), 202–418–0432 (TTY).
                                           FCC 16–117]                                              DATES: Effective October 17, 2016.                            1. In 2013, the Commission’s Notice
                                                                                                    FOR FURTHER INFORMATION CONTACT:                           of Proposed Rulemaking (NPRM) sought
                                           Implementing Public Safety Broadband
                                                                                                    Roberto Mussenden, Policy and                              comment on implementation of certain
                                           Provisions of the Middle Class Tax
                                                                                                    Licensing Division, Public Safety and                      provisions of the Public Safety
                                           Relief and Job Creation Act of 2012
                                                                                                    Homeland Security Bureau, (202) 418–                       Spectrum Act, including how to relocate
                                           AGENCY:  Federal Communications                          1428.                                                      narrowband incumbents operating on
                                           Commission.                                              SUPPLEMENTARY INFORMATION: This is a                       the spectrum licensed to FirstNet, and
                                           ACTION: Final rule.                                      summary of the Commission’s Report                         how to address FirstNet’s renewal
                                                                                                    and Order in PS Docket No. 12–94, FCC                      expectations, including whether
                                           SUMMARY:  In this document, the Federal                  16–117, adopted on August 24, 2016                         FirstNet should be subject to
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                                           Communications Commission                                and released on August 25, 2016. The                       Commission-initiated build-out
                                           (Commission) addresses the 758–769/                      document is available for download at                      requirements.
                                           788–799 MHz band, which the                              http://fjallfoss.fcc.gov/edocs_public/.                       2. In the Report and Order, the
                                           Commission licensed to the First                         The complete text of this document is                      Commission permits narrowband
                                           Responder Network Authority (FirstNet)                   also available for inspection and                          incumbents to remain on FirstNet’s
                                           on a nationwide basis pursuant to the                    copying during normal business hours                       licensed spectrum until August 31,


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                                                            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations                                      63715

                                           2017, after which they will be required                 that ‘‘the rule will not, if promulgated,             categorized at present. We therefore
                                           to vacate absent FirstNet’s express                     have a significant economic impact on                 describe here, at the outset, three
                                           consent to remain longer. In addition,                  a substantial number of small entities.’’             comprehensive, statutory small entity
                                           the Commission prohibits continued                      The RFA generally defines ‘‘small                     size standards. First, nationwide, there
                                           operation by incumbents that have                       entity’’ as having the same meaning as                are a total of approximately 27.5 million
                                           either previously discontinued                          the terms ‘‘small business,’’ ‘‘small                 small businesses, according to the SBA.
                                           operations or that are no longer in                     organization,’’ and ‘‘small governmental              In addition, a ‘‘small organization’’ is
                                           operation after the effective date of the               jurisdiction.’’ In addition, the term                 generally ‘‘any not-for-profit enterprise
                                           Report and Order, and prohibits all                     ‘‘small business’’ has the same meaning               which is independently owned and
                                           narrowband incumbents from deploying                    as the term ‘‘small business concern’’                operated and is not dominant in its
                                           additional facilities on FirstNet’s                     under the Small Business Act. A ‘‘small               field.’’ Nationwide, as of 2007, there
                                           licensed spectrum beyond those                          business concern’’ is one which: (1) Is               were approximately 1,621,315 small
                                           currently deployed as of the adoption                   independently owned and operated; (2)                 organizations. Finally, the term ‘‘small
                                           date of the Report and Order.                           is not dominant in its field of operation;            governmental jurisdiction’’ is defined
                                           Accordingly, as of the adoption date of                 and (3) satisfies any additional criteria             generally as ‘‘governments of cities,
                                           the Report and Order, the Commission                    established by the Small Business                     towns, townships, villages, school
                                           terminates all authority to initiate new                Administration (SBA). The present                     districts, or special districts, with a
                                           deployments pursuant to waivers                         Final Regulatory Flexibility Analysis                 population of less than fifty thousand.’’
                                           previously granted by the Commission                    (FRFA) conforms to the RFA.                           Census Bureau data for 2011 indicate
                                           or Bureau, which had authorized                                                                               that there were 89,476 local
                                                                                                   A. Need for, and Objectives of, the                   governmental jurisdictions in the
                                           deployment beyond the 2007 deadline.                    Proposed Rules
                                              3. The Commission states specifies                                                                         United States. We estimate that, of this
                                           that under existing rules, any TV studio-                 8. In the Report and Order, we                      total, as many as 88,506 entities may
                                           transmitter links, TV relay stations, and               regulate the transition of different                  qualify as ‘‘small governmental
                                           TV translator relay stations operating on               classes of incumbents now occupying                   jurisdictions.’’ Thus, we estimate that
                                           the FirstNet spectrum under Part 74,                    portions of the spectrum to be licensed               most governmental jurisdictions are
                                           subpart G of the Commission’s rules                     to FirstNet. These actions are based on               small.
                                           must cease operations within 120 days                   our established authority under the                      12. Public Safety Radio Licensees. As
                                           of receiving notice from FirstNet.                      Communications Act to regulate use of                 a general matter, Public Safety Radio
                                              4. The Commission concludes that                     the spectrum consistent with the public               Licensees include police, fire, local
                                           there is no need or legal basis at this                 interest, convenience and necessity and               government, forestry conservation,
                                           time for it to play a role in resolving                 our authority under the Public Safety                 highway maintenance, and emergency
                                           disputes between FirstNet and                           Spectrum Act ‘‘to take all actions                    medical services. For the purpose of
                                           incumbent licensees over relocation                     necessary to facilitate the transition’’ of           determining whether a Public Safety
                                           costs. The Commission also finds there                  the existing public safety broadband                  Radio Licensee is a small business as
                                           is no need at this time to establish                    spectrum to FirstNet.                                 defined by the SBA, we use the broad
                                           additional Commission rules to ensure                                                                         census category, Wireless
                                                                                                   B. Summary of Significant Issues Raised               Telecommunications Carriers (except
                                           rural coverage or any of the other                      by Public Comments in Response to the                 Satellite). This definition provides that
                                           requirements for renewal of FirstNet’s                  IRFA                                                  a small entity is any such entity
                                           license.
                                                                                                     9. There were no comments filed that                employing no more than 1,500 persons.
                                           Procedural Matters                                      specifically addressed the rules and                  With respect to local governments, in
                                                                                                   policies proposed in the IRFA.                        particular, since many governmental
                                           A. Final Regulatory Flexibility Analysis
                                                                                                                                                         entities comprise the licensees for these
                                              5. The Final Regulatory Flexibility                  C. Description and Estimate of the
                                                                                                                                                         services, we include under public safety
                                           Analysis required by section 604 of the                 Number of Small Entities to Which the
                                                                                                                                                         services the number of government
                                           Regulatory Flexibility Act, 5 U.S.C. 604,               Rules Will Apply
                                                                                                                                                         entities affected. According to
                                           is included in Appendix D of the Report                    10. The RFA directs agencies to                    Commission records, there are a total of
                                           and Order.                                              provide a description of and, where                   approximately 133,870 licenses within
                                                                                                   feasible, an estimate of the number of                these services. There are 2,442 licenses
                                           B. Paperwork Reduction Act of 1995                      small entities that may be affected by                in the 4.9 GHz band, based on an FCC
                                           Analysis                                                the proposed rules, if adopted. The RFA               Universal Licensing System search of
                                             6. The Report and Order document                      generally defines the term ‘‘small                    May 23, 2012. We estimate that fewer
                                           does not contain new or modified                        entity’’ as having the same meaning as                than 2,442 public safety radio licensees
                                           information collection requirements                     the terms ‘‘small business,’’ ‘‘small                 hold these licenses because certain
                                           subject to the Paperwork Reduction Act                  organization,’’ and ‘‘small governmental              entities may have multiple licenses.
                                           of 1995 (PRA), Public Law 104–13.                       jurisdiction.’’ In addition, the term                    13. Regional Planning Committees.
                                                                                                   ‘‘small business’’ has the same meaning               Neither the Commission nor the SBA
                                           Final Regulatory Flexibility Analysis
                                                                                                   as the term ‘‘small business concern’’                has developed a small business size
                                             7. As required by the Regulatory                      under the Small Business Act. A small                 standard specifically applicable to
                                           Flexibility Act (RFA), an Initial                       business concern is one which: (1) Is                 Regional Planning Committees (RPCs)
                                           Regulatory Flexibility Analysis (IRFA)                  independently owned and operated; (2)                 and the National Regional Planning
                                           was incorporated into the NPRM of this                  is not dominant in its field of operation;            Council (NRPC). As described by the
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                                           proceeding. The Commission sought                       and (3) satisfies any additional criteria             NRPC, ‘‘[t]he National Regional
                                           written public comment on the IRFA.                     established by the SBA.                               Planning Council (NRPC) is an advocacy
                                           The RFA requires that an agency                            11. Small Businesses, Small                        body formed in 2007 that supports
                                           prepare a regulatory flexibility analysis               Organizations, and Small Governmental                 public safety communications spectrum
                                           for notice-and-comment rulemaking                       Jurisdictions. Our action may, over time,             management by Regional Planning
                                           proceedings, unless the agency certifies                affect small entities that are not easily             Committees (RPC) in the 700 MHz and


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                                           63716            Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations

                                           800 MHz NPSPAC public safety                            E. Steps Taken To Minimize Significant                Federal Communications Commission.
                                           spectrum as required by the Federal                     Economic Impact on Small Entities and                 Gloria J. Miles,
                                           Communications Commission.’’ The                        Significant Alternatives Considered                   Federal Register Liaison Officer, Office of the
                                           NRPC states that ‘‘Regional Planning                                                                          Secretary.
                                           Committees consist of public safety                        16. The RFA requires an agency to                  [FR Doc. 2016–22361 Filed 9–15–16; 8:45 am]
                                           volunteer spectrum planners and                         describe any significant alternatives that            BILLING CODE 6712–01–P
                                           members that dedicate their time, in                    it has considered in reaching its
                                           addition to the time spent in their                     approach, which may include the
                                           regular positions, to coordinate                        following four alternatives (among                    DEPARTMENT OF COMMERCE
                                           spectrum efficiently and effectively for                others): (1) The establishment of
                                           the purpose of making it available to                   differing compliance or reporting                     National Oceanic and Atmospheric
                                           public safety agency applicants in their                requirements or timetables that take into             Administration
                                           respective region.’’ There are 54 formed                account the resources available to small
                                           RPCs and one unformed RPC. The                          entities; (2) the clarification,                      50 CFR Part 679
                                           Commission has not developed a small                    consolidation, or simplification of                   [Docket No. 150916863–6211–02]
                                           business size standard specifically                     compliance or reporting requirements
                                           applicable to RPCs and the NRPC. The                    under the rule for small entities; (3) the            RIN 0648–XE878
                                           SBA rules, however, contain a                           use of performance, rather than design,
                                           definition for Wireless                                                                                       Fisheries of the Exclusive Economic
                                                                                                   standards; and (4) an exemption from
                                           Telecommunications Carriers (except                                                                           Zone Off Alaska; Exchange of Flatfish
                                                                                                   coverage of the rule, or any part thereof,
                                           Satellite) which encompasses business                                                                         in the Bering Sea and Aleutian Islands
                                                                                                   for small entities.                                   Management Area
                                           entities engaged in radiotelephone
                                           communications employing no more                           17. Nonetheless, we recognized there
                                                                                                   may arguably be a significant number of               AGENCY:  National Marine Fisheries
                                           than 1,500 persons. Under this category
                                                                                                   small entities currently operating in                 Service (NMFS), National Oceanic and
                                           and size standard, we estimate that all
                                                                                                   FirstNet’s spectrum that would need                   Atmospheric Administration (NOAA),
                                           of the RPCs and the NRPC can be
                                                                                                   relocation. Thus, one mechanism the                   Commerce.
                                           considered small.
                                                                                                   Commission considered to minimize the                 ACTION: Temporary rule; reallocation.
                                             14. Radio and Television
                                           Broadcasting and Wireless                               economic burden on incumbent                          SUMMARY:   NMFS is exchanging
                                           Communications Equipment                                operators was to consider whether                     allocations of Amendment 80
                                           Manufacturing. The Census Bureau                        FirstNet or some third party source                   cooperative quota (CQ) for Amendment
                                           defines this category as follows: ‘‘This                could fund relocation, thereby relieving              80 acceptable biological catch (ABC)
                                           industry comprises establishments                       any incumbent small entities of this                  reserves. This action is necessary to
                                           primarily engaged in manufacturing                      potentially substantial economic                      allow the 2016 total allowable catch of
                                           radio and television broadcast and                      burden. It also evaluated whether                     flathead sole, rock sole, and yellowfin
                                           wireless communications equipment.                      FirstNet could accommodate incumbent                  sole in the Bering Sea and Aleutian
                                           Examples of products made by these                      narrowband operations within a portion                Islands management area to be
                                           establishments are: Transmitting and                    of its licensed spectrum, either                      harvested.
                                           receiving antennas, cable television                    indefinitely or on a transitional basis.
                                           equipment, GPS equipment, pagers,                                                                             DATES:  Effective September 16, 2016,
                                           cellular phones, mobile                                 F. Federal Rules That May Duplicate,                  through December 31, 2016.
                                           communications equipment, and radio                     Overlap, or Conflict With the Proposed                FOR FURTHER INFORMATION CONTACT:
                                           and television studio and broadcasting                  Rules                                                 Steve Whitney, 907–586–7228.
                                           equipment.’’ The SBA has developed a                                                                          SUPPLEMENTARY INFORMATION: NMFS
                                           small business size standard for Radio                    18. None.                                           manages the groundfish fishery in the
                                           and Television Broadcasting and                         G. Report to Congress                                 Bering Sea and Aleutian Islands
                                           Wireless Communications Equipment                                                                             management area (BSAI) according to
                                           Manufacturing, which is: All such firms                   19. The Commission will not send a                  the Fishery Management Plan for
                                           having 750 or fewer employees.                          copy of this Report and Order to                      Groundfish of the Bering Sea and
                                           According to Census Bureau data for                     Congress and the Government                           Aleutian Islands Management Area
                                           2007, there were a total of 939                         Accountability Office pursuant to the                 (FMP) prepared by the North Pacific
                                           establishments in this category that                    Congressional Review Act, see 5 U.S.C.                Fishery Management Council under
                                           operated for part or all of the entire year.            801(a)(1)(A), because the Commission                  authority of the Magnuson-Stevens
                                           According to Census bureau data for                     did not adopt any rules of particular                 Fishery Conservation and Management
                                           2007, there were a total of 919 firms in                applicability.                                        Act. Regulations governing fishing by
                                           this category that operated for the entire                                                                    U.S. vessels in accordance with the FMP
                                           year. Of this total, 771 had fewer than                 Ordering Clauses                                      appear at subpart H of 50 CFR part 600
                                           100 employees and 148 had more than                                                                           and 50 CFR part 679.
                                                                                                     20. Accordingly, it is ordered that,
                                           100 employees. Thus, under that size                                                                             The 2016 flathead sole, rock sole, and
                                           standard, the majority of firms can be                  pursuant to sections 1, 4(i), 4(j), 301,
                                                                                                                                                         yellowfin sole Amendment 80
                                           considered small.                                       303, and 316 of the Communications
                                                                                                                                                         allocations of the total allowable catch
                                                                                                   Act of 1934, as amended, 47 U.S.C. 151,               (TAC) specified in the BSAI are 13,753
                                           D. Description of Projected Reporting,
Lhorne on DSK30JT082PROD with RULES




                                                                                                   154(i), 154(j), 301, 303, 316, as well as             metric tons (mt), 44,990 mt, and 110,113
                                           Recordkeeping and Other Compliance                      Title VI of the Middle Class Tax Relief
                                           Requirements                                                                                                  mt as established by the final 2016 and
                                                                                                   and Job Creation Act of 2012, Public                  2017 harvest specifications for
                                             15. Our actions will not require any                  Law 112–96, 126 Stat. 156, the Report                 groundfish in the BSAI (81 FR 14773,
                                           reporting, recordkeeping or other                       and Order is hereby adopted.                          March 18, 2016). The 2016 flathead sole,
                                           compliance requirements.                                                                                      rock sole, and yellowfin sole


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Document Created: 2016-09-16 00:24:55
Document Modified: 2016-09-16 00:24:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective October 17, 2016.
ContactRoberto Mussenden, Policy and Licensing Division, Public Safety and Homeland Security Bureau, (202) 418-1428.
FR Citation81 FR 63714 

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