Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Rules and Regulations 11681 

contained in FCC Form 337. The form 

changes were approved on February 7, 

2011. 

DATES: The amendments to FCC Form 

337 are effective on March 3, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Cathy Williams, cathy.williams@fcc.gov 

or on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on February 

7, 2011, OMB approved, for a period of 

three years, the information collection 

requirements contained in FCC Form 

337. The Commission publishes this 

document to announce the effective date 

of FCC Form 337. See In the Matter of 

Amendment of Parts 73 and 74 of the 

Commission’s Rules to Establish Rules 

for Digital Low Power, Television 

Translator, and Television Booster 

Stations and to Amend Rules for Digital 

Class A Class A Television Stations, MB 

Docket No. 03–185, FCC 04–220, 69 FR 

69325, November 29, 2004. 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

February 7, 2011, for the information 

collection requirements contained in 

FCC Form 337. Under 5 CFR part 1320, 

an agency may not conduct or sponsor 

a collection of information unless it 

displays a current, valid OMB Control 

Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060– 

0386 and the total annual reporting 

burdens for respondents for this 

information collection are as follows: 

OMB Control Number: 3060–0386. 

OMB Approval Date: February 7, 

2011. 

Expiration Date: February 28, 2014. 

Title: Special Temporary 

Authorization (STA) Requests; 

Notifications; and Informal Filings; 

Sections 1.5, 73.1615, 73.1635, 73.1740 

and 73.3598; CDBS Informal Forms; 

Section 74.788; FCC Form 337. 

Form Number: FCC Form 337. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for 

profit entities; not-for-profit institutions; 

State, Local or Tribal Governments. 

Number of Respondents/Responses: 

4,070 respondents and 4,070 responses. 

Estimated Time per Response: 0.5–4 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Total Annual Burden: 4,105 hours. 

Total Annual Costs: $2,059,410. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in Sections 1, 

4(i) and (j), 7, 301, 302, 303, 307, 308, 

309, 312, 316, 318, 319, 324, 325, 336 

and 337 of the Communications Act of 

1934, as amended, and Section 204 of 

the Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this information collection. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: On September 30, 

2004, the Commission adopted the 

Report and Order, In the Matter of 

Amendments of Parts 73 and 74 of the 

Commission’s Rules to Establish Rules 

for Digital Low Power Television 

Translator, Television Booster Stations, 

and to Amend Rules for Digital Class A 

Television Stations, MB Docket No. 03– 

185, FCC 04–220 (released September 

30, 2004). In this Report and Order, the 

Commission establishes rules and 

policies for digital low power television 

(‘‘LPTV’’) and television translator (‘‘TV 

translator’’) stations and modifies certain 

rules applicable to digital Class A TV 

stations (‘‘Class A’’). The Commission 

addresses important issues such as: (1) 

The digital low power television 

transition; (2) channel assignments; (3) 

authorization of digital service; (4) 

permissible service; (5) mutually 

exclusive applications; (6) protected 

service area; and (7) equipment and 

other technical and operational 

requirements. Furthermore, the Report 

and Order adopts a new information 

collection requirements, which provides 

that new digital low power television, 

television translator, and Class A 

permittees may submit FCC Form 337, 

Application for Extension of Time to 

Construct a Digital Television Broadcast 

Station, should an acceptable reason for 

failing to construct, as set forth in 47 

CFR 74.788(c)(1)–(2), apply. 

Also, the other information collection 

requirements contained under OMB 

control number 3060–0386, Special 

Temporary Authorization (STA) 

Requests; Notifications; and Informal 

Filings; Sections 1.5, 73.1615, 73.1635, 

73.1740, and 73.3598 of the Commission 

Rules; CDBS Informal Forms, have 

already been approved by OMB and 

remain unchanged. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–3959 Filed 3–2–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 02–55; DA 11–315] 

Improving Public Safety 

Communications in the 800 MHz Band; 

New 800 MHz Band Plan for Puerto 

Rico and the U.S. Virgin Islands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document summarizes 

the Fourth Report and Order, which 

establishes a new 800 MHz band plan 

for the U.S. Virgin Islands (USVI). This 

action is necessary to meet the 

Commission’s goals to improve public 

safety communications in the 800 MHz 

band. The effect of this order ensures an 

orderly and efficient transition to the 

new 800 MHz band plan in the USVI. 

DATES: Effective March 3, 2011. 

FOR FURTHER INFORMATION CONTACT: John 

Evanoff, Policy Division, Public Safety 

and Homeland Security Bureau, (202) 

418–0848. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Fourth Report and 

Order, DA 11–315, released on February 

18, 2011. The complete text of the 

Fourth Report and Order is 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. The document 

may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone (800) 

378–3160 or (202) 863–2893, facsimile 

(202) 863–2898, or via e-mail at http:// 

www.bcpiweb.com. It is also available 

on the Commission’s Web site at 

http://www.fcc.gov. 

Synopsis of the Fourth Report and 

Order 

In a July 2004 Report and Order, the 

Commission reconfigured the 800 MHz 

band to eliminate interference to public 

safety and other land mobile 

communication systems operating in the 

band, 69 FR 67823, November 22, 2004. 

In a Third Report and Order and Third 


erowe on DSK5CLS3C1PROD with RULES
11682 Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Rules and Regulations 

Further Notice of Proposed Rulemaking, 

adopted in April 2010, the Public Safety 

and Homeland Security Bureau, on 

delegated authority sought comment on 

its tentative conclusion to adopt the 

same 800 MHz band plan in the USVI 

as it had adopted in Puerto Rico, 75 FR 

35363, June 22, 2010. The Bureau 

received two comments in response. 

Based on the record, the Bureau 

adopted its tentative conclusion because 

it best fulfills the Commission’s goal to 

separate—to the greatest extent 

possible—public safety and other noncellular licensees from licensees that 

employ cellular technology in the 800 

MHz band. The non-ESMR band plan 

adopted contains the following 

elements: 

• All NPSPAC channels will be 

relocated from the 821–824/866–869 

MHz segment to channel assignments 15 

MHz lower in frequency, i.e., to the 

806–809/851–854 MHz band segment. 

Currently, there are no NPSPAC 

licensees in the USVI. 

• As with the Puerto Rico band plan, 

USVI incumbents in the 806–809/851– 

854 MHz band segment will be 

relocated to comparable spectrum in the 

Interleaved, Expansion, or ESMR Band, 

depending on their eligibility. 

• All licensees currently operating in 

the Interleaved Band will remain on 

their current frequencies, except those 

relocating to the ESMR band. 

• All non-ESMR incumbents that are 

not public safety licensees and that 

currently operate in the Expansion 

Band, as modified, will remain on their 

current frequencies. 

• Licensees in the modified Guard 

Band may, at their option, relocate to 

the Interleaved or Expansion Band. 

• All licensees that currently operate 

between 817–821/862–866 MHz and are 

not eligible to remain in the ESMR band 

will be relocated to the 809–816.5/854– 

861.5 MHz band segment, which 

includes the Interleaved and Expansion 

Bands of the USVI Band Plan. 

The ESMR Band in the USVI is 

identical to the U.S. non-border 817– 

824/862–869 MHz ESMR band segment. 

Because not all ESMR and ESMReligible licensees in USVI may be 

accommodated within that ESMR Band 

segment, the Bureau apportioned the 

USVI ESMR Band and directed the TA 

to use the following procedure: 

• The TA will attempt to assign 

replacement channels to the EA-based 

non-Sprint ESMR and ESMR-eligible 

licensees on a 1:1 basis relative to their 

existing USVI holdings. If ESMR 

channels remain after this assignment, 

the TA shall assign them to Sprint. 

• If, however, sufficient ESMR 

channels are not available to assign 

them on a 1:1 basis to all non-Sprint 

ESMR and ESMR-eligible licensees 

electing to relocate to the ESMR band, 

then the number of Sprint ESMR 

channels will be reduced to the extent 

necessary to assign channels to the nonSprint licensees on a 1:1 basis. 

• If sufficient ESMR channels are not 

available following the apportionment, 

supra, then the holdings of all ESMR 

and ESMR-eligible licensees electing to 

relocate to the ESMR band will be 

reduced pro rata such that all such 

licensees are accommodated in the 

band. 

The Bureau adopted a single 90-day 

mandatory negotiation period for the 

remaining incumbent licensees that 

must be returned from the 816.5–821/ 

861.5–866 MHz portion of the band. 

Thereafter, if Sprint and an incumbent 

licensee have not negotiated a 

Frequency Reconfiguration Agreement 

with Sprint, they must enter mandatory 

TA-sponsored mediation. The Bureau 

also established a 12-month transition 

period to complete rebanding in USVI. 

The transition period will start on 

March 21, 2011 and end on March 20, 

2012. 

The Bureau also extended the filing 

freeze on new applications in the USVI 

region until thirty working days after 

the date for completion of mandatory 

negotiations. However, the freeze does 

not apply to applications for 

modification of license that do not 

change an 800 MHz frequency or 

expand an 800 MHz station’s existing 

coverage area (e.g., administrative 

updates), assignments/transfers, or 

renewal-only applications. In addition, 

licensees in the USVI region may 

expand their facilities or add channels 

during the freeze, but only pursuant to 

Special Temporary Authorization 

(STA). Requests for STA must be 

accompanied by a demonstration that, 

without the new or expanded facilities, 

there would be a specific, material and 

serious adverse effect on the safety of 

life or property. 

The Bureau also envisioned band 

reconfiguration in USVI will occur in 

the following stages, consistent with the 

Puerto Rico implementation plan: 

Stage 1 

• Clear non-Sprint incumbent 

licensees from Channels 1–120. Defer 

assigning replacement spectrum for 

Preferred Acquisitions, Inc. (PAI) EA 

licenses. 

Stage 2 

• Relocate EA and site-based ESMR 

licensees (except PAI) from the 

Interleaved channels to the ESMR band. 

• Relocate high-site incumbents from 

the ESMR band to the cleared 

Interleaved channels. 

• Relocate EA/ESMR licensees from 

the Guard Band to the cleared ESMR 

channels. 

Stage 3 (If Necessary) 

• Relocate PAI’s EA and site-based 

channels to the ESMR band. 

• If the ESMR band cannot 

accommodate all ESMR band licensees, 

then: 

Æ Relieve the shortfall by 

redesignating Sprint channels for use by 

other licensees, and, if necessary, 

Æ Reduce the number of all licensees’ 

channels pro rata in order to 

accommodate all licensees within the 

ESMR band. 

Procedural Matters 

Final Regulatory Flexibility Certification 

The Regulatory Flexibility Act of 1980 

(RFA) requires that a regulatory 

flexibility analysis be prepared for 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not 

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). We certify that 

the rule changes and actions in this 

Fourth Report and Order will have no 

significant economic impact on a 

substantial number of small entities. 

In this Fourth Report and Order, the 

Public Safety and Homeland Security 

Bureau, on delegated authority, 

establishes a revised 800 MHz band 

plan for the USVI in order to 

accomplish the Commission’s goals for 

band reconfiguration. The band plan is 

identical to the band plan that the 

Commission previously adopted in this 

proceeding with one exception—the 

USVI band plan, identical to the Puerto 

Rico band plan, includes a slightly 

larger Expansion Band and a slightly 

smaller Guard Band. The USVI 

Expansion and Guard Bands we 

establish will not have a significant 

impact on a substantial number of small 

businesses, and our aim is to provide 

interference protection to non-ESMR 

licensees. Furthermore, although ESMR 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Rules and Regulations 11683 

licensees and ESMR-eligible licensees 

may be subject to a pro rata 

apportionment of spectrum, the number 

of such entities is not substantial, their 

operating capacity would not be 

significantly reduced, and the economic 

effect on their operations would not be 

significant. Therefore, we certify that 

the requirements of this Fourth Report 

and Order will not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act Analysis 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. Therefore it does not 

contain any new or modified 

‘‘information burden for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198. 

Congressional Review Act 

The Commission will send a copy of 

this Fourth Report and Order in a report 

to be sent to Congress and the 

Government Accountability Office, 

pursuant to the Congressional Review 

Act. 

Ordering Clauses 

Accordingly, it is ordered, pursuant to 

Sections 4(i) and 332 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 332, and 

Sections 0.191 and 0.392 of the 

Commission’s rules, 47 CFR 0.191, 

0.392, that this Fourth Report and Order 

is adopted. 

It is further ordered that the 

amendments of the Commission’s rules 

set forth below, are effective, upon the 

date of publication in the Federal 

Register. 

It is further ordered that the Final 

Regulatory Flexibility Certification 

required by Section 604 of the 

Regulatory Flexibility Act, 5 U.S.C. 604, 

and as set forth above is adopted. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Fourth Report and Order, including 

the Final Regulatory Flexibility 

Certification, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

List of Subjects in 47 CFR Part 90 

Radio. 

Federal Communications Commission. 

Michael J. Wilhelm, 

Deputy Chief, Policy Division, Public Safety 

and Homeland Security Bureau. 

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 

■ 1. The authority citation for part 90 

continues to read as follows: 

Authority: 4(i), 11, 303(g), 303(r), and 

302(c)(7) of the Communications Act of 1934, 

as amended, 47 U.S.C. 154(i), 161, 303(g), 

303(r), 332(c)(7). 

■ 2. Section 90.617 is amended by 

revising the introductory text to 

paragraphs (k)(1)through (k)(4) to read 

as follows: 

§ 90.617 Frequencies in the 809.750–824/ 

854.750–869 MHz, and 896–901/935–940 

MHz bands available for trunked, 

conventional or cellular system use in nonborder areas. 

* * * * * 

(k) * * * 

(1) Mobile units (except in Puerto 

Rico and the U.S. Virgin Islands): 

* * * * * 

(2) Portable units (except in Puerto 

Rico and the U.S. Virgin Islands): 

* * * * * 

(3) Mobile units operating in Puerto 

Rico and the U.S. Virgin Islands: 

* * * * * 

(4) Portable units operating in Puerto 

Rico and the U.S. Virgin Islands: 

* * * * * 

■ 3. Section 90.677 is amended by 

revising the first sentence in paragraph 

(b) and revising paragraph (c) 

introductory text to read as follows: 

§ 90.677 Reconfiguration of the 806–824/ 

851–869 MHz band in order to separate 

cellular systems from non-cellular systems. 

* * * * * 

(b) Voluntary negotiations. Thirty 

days before the start date for each 

NPSPAC region other than Region 47 

and Region 48, the Chief, Public Safety 

and Homeland Security Bureau will 

issue a public notice initiating a threemonth voluntary negotiation period. 

* * * 

(c) Mandatory negotiations. If no 

agreement is reached by the end of the 

voluntary period, a three-month 

mandatory negotiation period will begin 

during which both Sprint Nextel and 

the incumbents must negotiate in ‘‘good 

faith.’’ In Region 47, a 90-day mandatory 

negotiation period will begin 60 days 

after the effective date of the Third 

Report and Order and Third Further 

Notice of Proposed Rulemaking in WT 

Docket 02–55. In Region 48, a 90-day 

mandatory negotiation period will begin 

on March 21, 2011. Sprint Nextel and 

relocating incumbents may agree to 

conduct face-to-face negotiations or 

either party may elect to communicate 

with the other party through the 

Transition Administrator. All parties are 

charged with the obligation of utmost 

‘‘good faith’’ in the negotiation process. 

Among the factors relevant to a ‘‘goodfaith’’ determination are: 

* * * * * 

[FR Doc. 2011–4787 Filed 3–2–11; 8:45 am] 

BILLING CODE 6712–01–P 


erowe on DSK5CLS3C1PROD with RULES