91578 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

X. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). This action authorizes State 

requirements for the purpose of RCRA 

section 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Therefore, this action is not 

subject to review by OMB. This action 

is not an Executive Order 14094 (88 FR 

21879, April 11, 2023) regulatory action 

because actions such as the 

authorization of Tennessee’s revised 

hazardous waste program under RCRA 

are exempted under Executive Order 

12866. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538). For the same reason, this action 

also does not significantly or uniquely 

affect the communities of Tribal 

governments, as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This action will not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant, and it does not 

make decisions based on environmental 

health or safety risks. This action is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA section 3006(b), the EPA 

grants a State’s application for 

authorization as long as the State meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for the EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 18, 1988), by 

examining the takings implications of 

this action in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

order. This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this action authorizes preexisting State rules which are at least 

equivalent to, and no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by State law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, this rule is not subject to 

Executive Order 12898. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This final action will 

be effective January 21, 2025. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Intergovernmental 

relations, Penalties, Reporting and 

recordkeeping requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: November 6, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–26922 Filed 11–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0 and 90 

[PS Docket No. 07–100; FCC 24–114; FR 

ID 258077] 

Improving Public Safety 

Communications in the 4.9 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) takes another major step 

towards ensuring that the 4940–4990 

MHz band (4.9 GHz band) is efficiently 

and intensely utilized in support of 

public safety missions nationwide. To 

that end, the Commission bolsters the 

coordinated nationwide approach to the 

band that it established in its Seventh 

Report and Order, FCC 23–3, in which 

it adopted a nationwide Band Manager 

framework to coordinate operations in 

the 4.9 GHz band, optimize public 

safety use, and facilitate the integration 

of the latest commercially available 

technologies, including 5G, for the 

benefit of public safety users. To further 

these goals—and ensure that the 4.9 

GHz band is put to more robust use 

nationwide in the near term—the 4.9 

GHz Band Manager, once selected, will 

be eligible to apply for a nationwide 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91579 

overlay license and authorized to enter 

into a sharing agreement with the First 

Responder Network Authority 

(FirstNet). Pursuant to this sharing 

agreement, FirstNet may be permitted to 

use unassigned spectrum in the 4.9 GHz 

band as part of its nationwide public 

safety broadband network (NPSBN) in a 

manner that protects incumbent 

operations. In addition to expanding the 

Band Manager’s responsibilities to 

include entering into a sharing 

agreement with FirstNet and 

establishing rules governing the 

nationwide Band Manager overlay 

license, the Commission also reaffirms 

its commitment to the nationwide Band 

Manager framework and clarifies the 

Band Manager’s responsibilities to 

address the new rules we adopt herein. 

DATES: Effective December 20, 2024. 

ADDRESSES: Federal Communications 

Commission, 45 L St. NE, Washington, 

DC 20554. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Paul Powell of the 

Wireless Telecommunications Bureau, 

Mobility Division, at 202–418–1613 or 

Paul.Powell@fcc.gov, or Brian Marenco 

of the Public Safety and Homeland 

Security Bureau at 202–418–0838 or 

Brian.Marenco@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Eighth 

Report and Order in WP Docket No. 07– 

100; FCC 24–114, adopted on October 

18, 2024, and released on October 22, 

2024. The full text of this document is 

available for public inspection online at 

https://www.fcc.gov/document/fccadopts-new-rules-public-safety-49-ghzband. 

Synopsis 

1. In the Eighth Report and Order, the 

Commission finds that its topline goals 

of preserving and expanding use to a 

variety of primary public safety 

operations would be best served by 

assigning a nationwide overlay license 

to the Band Manager. Rather than 

directly operating in the band, the Band 

Manager, once selected, will be 

authorized to enter into a sharing 

agreement with FirstNet to enable use of 

unassigned portions of the 4.9 GHz band 

as part of FirstNet’s NPSBN in a manner 

that protects incumbent operations. The 

Commission also clarifies that FirstNet 

remains free to enter into additional 

sharing agreements with incumbent 

licensees to operate within their service 

areas consistent with § 90.1203(b) of the 

Commission’s rules. After review of the 

record, the Commission concludes that 

allowing the Band Manager to enter into 

a sharing agreement with FirstNet to 

enable broader access into the band by 

FirstNet’s NPSBN, while also working 

with public safety licensees to 

coordinate and rationalize their use of 

the band, can enable greater public 

safety use, including for 5G, and has the 

potential to free up new opportunities 

for expanded use of the band in the near 

term. In addition, after review of the 

record, the Commission also finds that 

public safety entities would be better 

served by clarifying the Band Manager’s 

primary responsibilities and revise 

§ 90.1217 of our rules accordingly. 

2. Nationwide Overlay License. Based 

on the Commission’s review of this 

record, it is persuaded that expanding 

the Band Manager’s role and 

responsibilities to encompass a 

nationwide overlay license and a 

sharing agreement with FirstNet for any 

unassigned spectrum is the best 

approach to ensure that 4.9 GHz band 

spectrum is more fully utilized in the 

near term, while at the same time 

protecting existing incumbent licensee 

usage. The Band Manager, once it has 

applied for and receives an overlay 

licensee, will obtain the rights to a 

nationwide geographic area license 

across the entire 50 megahertz of the 

band that is ‘‘overlaid’’ on top of the 

existing incumbent licenses and 

includes areas where spectrum is 

unassigned. The Commission finds that 

this licensing structure, combined with 

authorizing the Band Manager to enter 

into a sharing agreement enabling 

FirstNet to operate where white spaces 

exist, is the best mechanism for 

increasing public safety operations in 

this band in the near term. 

3. The Band Manager will also carry 

with it important responsibilities in 

conjunction with its overlay licensee 

role, paramount among them being the 

obligation to oversee use of the 

spectrum pursuant to the sharing 

agreement to ensure that FirstNet’s 

operations on these frequencies do not 

interfere with incumbent operations. 

The Band Manager will be authorized to 

enable FirstNet to operate anywhere 

within the geographic area of the 

overlay license, subject to the 

parameters of the sharing agreement and 

protection of incumbent licensees. If an 

incumbent licensee cancels or 

terminates its license, the Band Manager 

will be authorized to amend its sharing 

agreement with FirstNet, if necessary, to 

include the rights to operate in the 

geographic (or site-based) area and on 

the channel(s) of the cancelled license. 

For these reasons, the Commission 

believes that this mechanism is the best 

method to make certain that the 4.9 GHz 

band remains a public safety band 

which is more fully utilized, including 

by existing incumbent licensees. The 

Band Manager will ensure that 

incumbent licensees can continue their 

existing operations to suit their unique 

spectrum needs while simultaneously 

and separately authorizing FirstNet’s 

operations in areas of the band where 

there are no incumbent operations. The 

Commission clarifies that FirstNet 

remains free to enter into additional 

sharing agreements with incumbent 

licensees to allow it to operate within 

the service areas of incumbent licensees 

consistent with § 90.1203(b) of the 

Commission’s rules. 

4. The Commission also concludes 

that the future issuance of the Band 

Manager overlay license is consistent 

with our statutory authority under 

section 309(j) of the Communications 

Act. The Commission finds that this 

exemption applies to the 4.9 GHz band 

because the Commission specifically 

designated this band for services 

intended to protect the safety of life, 

health, or property. In the Third Report 

and Order, FCC 11–6, published at 76 

FR 54977, September 6, 2011, the 

Commission concluded that eligibility 

for entrance into and operations in the 

4.9 GHz band are primarily limited to 

the provision of public safety services as 

defined in § 90.523 of the Commission’s 

rules. The Commission finds that 

because a majority of users licensed in 

the 4.9 GHz band are qualified to obtain 

auction-exempt spectrum, assigning a 

nationwide overlay license to the Band 

Manager is also exempt from auction. 

As explained in the Eighth Report and 

Order, the primary use of the band— 

protecting the safety of life, health, or 

property—will not change by assigning 

an overlay license to the Band Manager 

and authorizing it to enter into a sharing 

agreement with FirstNet. Thus, the 

Commission finds that it is appropriate 

and in the public interest to apply the 

public safety radio services exemption 

to this band to assign a nationwide 

overlay license to the 4.9 GHz Band 

Manager, once it is selected and has 

successfully applied for such a license. 

5. Spectrum Sharing Agreement with 

FirstNet. In conjunction with issuance 

of a nationwide overlay license to the 

Band Manager, once selected, the Band 

Manager will be authorized to enter into 

a sharing agreement with FirstNet for 

use of the unassigned 4.9 GHz band 

spectrum that will be covered by the 

Band Manager’s license. In furtherance 

of this model, the Commission clarifies 

that § 2.103(b) of the Commission’s rules 

may enable any federal stations used by 

FirstNet to operate in the band pursuant 

to its anticipated sharing agreement 

with the Band Manager. Similarly, the 

Commission also clarifies that this 


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91580 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

section may enable any federal stations 

used by FirstNet to operate in the band 

pursuant to a sharing agreement with 

incumbent licensees where that 

agreement is also consistent with 

§ 90.1203(b) of our rules. While federal 

entities generally are not authorized by 

the Commission to use non-federal 

frequencies, limited exceptions exist 

where the Commission finds that doing 

so would be in the public interest, as 

codified in § 2.103. The Commission has 

found that both federal and non-federal 

public safety entities ‘‘could benefit 

from the same broadband 

communications technologies 

contemplated for this band.’’ Thus, the 

Commission agrees that the current 

structure of § 2.103 permits federal 

stations meeting certain conditions to 

operate on non-Federal spectrum and 

may in the instant scenario permit 

federal stations used by FirstNet to 

access the Band Manager’s licensed 

spectrum pursuant to the anticipated 

sharing agreement. 

6. Band Manager Responsibilities. 

Based on the record in response to the 

Ninth Further Notice and the 

Commission’s decision in the Eighth 

Report and Order, the Commission 

clarifies that the Band Manager will 

continue to be tasked with the 

responsibilities that the Commission 

assigned to it in the Seventh Report and 

Order, published at 88 FR 12565, 

February 28, 2023. The Commission 

also amends its rules to give the Band 

Manager additional responsibilities to 

effectively implement the licensing and 

sharing regime described above. Thus, 

the Band Manager’s primary 

responsibilities will now include: (1) 

frequency coordination and interference 

protection for the operations of existing 

incumbent public safety licensees; (2) 

managing a spectrum sharing agreement 

with FirstNet; (3) incentivizing the use 

of the latest commercially available 

technologies; (4) facilitating non-public 

safety access through leasing; and (5) 

submitting an annual report to the 

Commission. The Commission also 

declines to make a determination as it 

pertains to allowing non-public safety 

operations in the band through a Band 

Manager-facilitated leasing model as 

this is not the best method of increasing 

utilization of the band at this time. 

7. Prior to entering into its sharing 

agreement with FirstNet, the Band 

Manager will be required to make a 

filing associated with its license in ULS 

certifying to the Commission that the 

sharing agreement will be consistent 

with §§ 2.103(b) and 90.1207(h) of the 

Commission’s rules, and operations 

undertaken per the sharing agreement 

will not cause harmful interference to 

incumbent licensees. If such 

interference occurs, the Band Manager 

must require FirstNet to immediately 

cease operations. The Commission will 

also require the Band Manager to certify 

that FirstNet has placed stations into 

operation within twelve months from 

the execution date of the sharing 

agreement. The Commission believes 

that this decision is consistent with our 

decision in the Seventh Report and 

Order to harmonize the construction 

deadlines for the 4.9 GHz band with the 

deadlines of § 90.155, which is the 

analogous rule for the majority of part 

90 radio services. The Commission 

delegates authority and directs the 

Public Safety and Homeland Security 

Bureau and Wireless 

Telecommunications Bureau 

(collectively, the Bureaus) to establish 

the form and process for the submission 

of the required certifications detailed in 

the Eighth Report and Order. Finally, 

the Commission finds that the existing 

renewal standards and requirements 

that apply to our part 90 licenses will 

apply to the nationwide overlay license. 

8. Selection of the Band Manager. In 

the Seventh Report and Order, the 

Commission concluded that the Band 

Manager would be identified by a 

selection committee to be named by the 

Commission and it sought comment on 

the nature of that committee and its 

processes in the Ninth Further Notice. 

In particular, the Commission sought 

comment on whether it should ‘‘direct 

specific organizations to designate a 

representative to serve on the selection 

committee’’ and whether the committee 

should include representatives of nonpublic safety users of the band in 

addition to public safety 

representatives. The Commission also 

tentatively concluded in the Ninth 

Further Notice that the selection 

committee should be ‘‘composed of an 

odd number of representatives to 

prevent deadlock.’’ As part of the 

Commission’s oversight of the selection 

committee, it proposed that the 

committee establish selection criterial 

based on the functions of the Band 

Manager. 

9. Because the Commission’s decision 

in the Eighth Report and Order is geared 

towards maintaining the public safety 

nature of the band, we give deference to 

the views expressed by that community. 

The Commission concludes, however, 

that it is unnecessary to resolve the 

issues raised in the comments at this 

time. Instead, the Commission delegates 

broad authority to the Bureaus to 

establish the procedures by which a 

selection committee will be chosen, 

identify representatives to sit on the 

selection committee, determine the 

requisite number of selection committee 

members, identify the applicable 

selection criteria, and establish the 

appropriate procedures and appropriate 

oversight for the selection process as 

part of choosing the Band Manager. The 

Commission instructs the Bureaus to 

consider the record in this proceeding 

in exercising their delegated authority. 

10. 4.9 GHz Band Freeze. Under the 

current freeze on applications for new 

licenses in the 4.9 GHz band, no new 

licensees may enter the band, but 

incumbents may file to modify their 

licenses or to license new sites in a 

fixed system. In the Ninth Further 

Notice, the Commission sought 

comment on whether to lift the freeze. 

We note that a freeze on new entrants 

has been in effect since 2020. We also 

continue to believe that issuing licenses 

to new entrants before the Commission 

has collected granular data from 

incumbent licensees would further 

complicate the spectrum environment 

and undermine the Band Manager’s 

flexibility to provide for efficient use of 

this spectrum. 

11. While this process is ongoing, the 

Commission finds that freezing 

expansions, additions to, or 

modification of other technical 

parameters applicable to incumbent 

licensees is also necessary in light of our 

decision here to enable expanded public 

safety access to the band through the 

Band Manager’s nationwide overlay 

license and sharing agreement with 

FirstNet. The Commission is cognizant 

that some incumbent licensees, in 

reliance on the existing state of the 

freeze prior to the decision in the Eighth 

Report and Order, may have invested in 

systems that they hoped to use to 

modify or expand current operations. 

However, the Commission believes that 

a stable spectrum landscape reflecting 

the current state of operations in the 

band will better facilitate analysis of the 

upcoming granular data collection of 

licensed operations by the Commission, 

the Band Manager, and other interested 

parties. The Commission also reminds 

applicants and current licensees facing 

special circumstances that they may 

seek a waiver of the freeze pursuant to 

§ 1.925 of the Commission’s rules. 

12. Accordingly, until further notice, 

the Commission retains the freeze for all 

applicants who are not already 4.9 GHz 

licensees, and we reinstate the freeze as 

it applies to incumbent licensees that 

was lifted pursuant to the 2021 Order on 

Reconsideration, FCC 21–106, 

published at 86 FR 59868, October 29, 

2021, and the Freeze Modification 

Public Notice. Specifically, the 

Commission reinstates the freeze that 

was lifted on incumbents adding new 


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licenses or modifying existing licenses 

unless otherwise excepted, and unless 

incumbents are filing certain types of 

applications to comply with the 

granular data collection. The 

Commission directs the Bureaus to 

implement this change to the freeze via 

public notice within 30 days of the 

adoption of the Eighth Report and 

Order. The Bureaus will retain 

jurisdiction to manage and implement 

the freeze in the future, and we clarify 

that this freeze shall not apply to any 

necessary filings associated with 

issuance of the Band Manager’s 

nationwide overlay license. 

13. Future Licensing of the Band. In 

the Seventh Report and Order the 

Commission adopted its proposal to 

collect additional technical data on 

public safety operations stating that the 

submission of this data will improve 

interference protection and give public 

safety licensees more confidence in the 

band. The Commission also determined 

it would require incumbent licensees to 

supply complete microwave path data 

for fixed links, and to obtain a license 

for base stations (currently authorized 

under the geographic license scheme) 

on a site-by-site basis. The Bureaus will 

issue a Public Notice that will give 

incumbent licensees 6 months to make 

the appropriate filings in our Universal 

Licensing System. In connection with 

this decision, the Commission sought 

comment in the Ninth Further Notice on 

whether incumbent licensees should be 

allowed to retain their geographic-area 

licenses after they have been issued sitebased licenses. The Commission also 

sought general comment on the future 

licensing of the band, noting our 

decision in the Seventh Report and 

Order to adopt a Band Manager regime 

and taking into consideration the 

questions regarding implementation. 

14. We note that geographic licenses 

permit the licensee to use any channel 

in the band, while site-based licenses 

are frequency-specific. The results of the 

collection of granular technical data that 

the Commission initiated in the Seventh 

Report and Order will require the 

incumbent licensees to complete a 

thorough review of their current 

operations under their active PA 

licenses. The incumbents will then use 

ULS to create new licenses (with 

granular data) in newly created radio 

service codes PB (public safety licensees 

performing base/mobile, mobile-only or 

temporary fixed operations) and PF 

(public safety licensees operating fixed 

links). The Commission finds that the 

incumbent licensees’ current PA 

licenses will be cancelled once the 

incumbents apply for and are 

authorized under the newly created 

radio service codes. The Commission 

reminds incumbents that this decision 

to cancel the former licenses once the 

new licenses have been created does not 

modify or alter incumbents’ rights to 

operate their existing networks. Instead, 

the Commission believes that this 

decision aligns with the intent of our 

decision in the Seventh Report and 

Order to collect more granular data such 

that it will ‘‘improve interference 

mitigation efforts and bolster public 

safety confidence in the band’’ and is 

the best approach to ensure that ULS 

does not contain duplicative or 

inaccurate licenses once the incumbents 

have received their new radio service 

codes. 

15. The Commission likewise believes 

that the collection of this granular 

technical data will help the Band 

Manager identify specific frequency 

usage across all deployments in the 

band, and thus potentially unused 

channels within areas covered by 

certain geographic licenses. While 

PSSA’s and AT&T’s proposals to require 

that incumbent licensees surrender to 

the Band Manager or share with FirstNet 

any unused spectrum could potentially 

make more spectrum available to 

FirstNet and increase overall spectrum 

efficiency in the band, the Commission 

defers any consideration of those 

proposals until after the Commission 

has completed its collection and 

analysis of granular technical data on 

incumbent licensed public safety 

operations in the band. 

Procedural Matters 

Paperwork Reduction Act 

16. The Eighth Report and Order may 

contain new or modified information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. All such 

requirements will be submitted to the 

Office of Management and Budget 

(OMB) for review under section 3507(d) 

of the PRA. OMB, the general public, 

and other Federal agencies will be 

invited to comment on any new or 

modified information collection 

requirements contained in this 

proceeding. In addition, we note 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. 

17. In this present document, the 

Commission has assessed the effects of 

our creation of a new Band Manager 

overlay license, and find that it will 

have a small impact on small 

governmental entities which are 

currently 4.9 GHz licensees, mainly 

related to the collection of data about 

existing 4.9 GHz deployments. 

Final Regulatory Flexibility Analysis 

18. The Regulatory Flexibility Act of 

1980, as amended (RFA) requires that an 

agency prepare a regulatory flexibility 

analysis for notice and comment 

rulemakings, unless the agency certifies 

that ‘‘the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities.’’ 

Accordingly, the Commission has 

prepared a Final Regulatory Flexibility 

Analysis (FRFA) concerning the 

possible impact of the rule changes 

contained in the Eighth Report and 

Order on small entities. The FRFA is set 

forth in appendix B of the Eighth Report 

and Order. 

Congressional Review Act 

19. The Commission will submit the 

Eighth Report and Order to the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, for 

concurrence as to whether this rule is 

‘‘major’’ or ‘‘non-major’’ under the 

Congressional Review Act, 5 U.S.C. 

804(2). The Commission will send a 

copy of the Eighth Report and Order to 

Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Final Regulatory Flexibility Analysis 

20. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Eighth Further Notice of Proposed 

Rulemaking (Eighth Further Notice) 

released in October 2021, published at 

86 FR 59934, October 29, 2021, and 

Ninth Further Notice of Proposed 

Rulemaking (Ninth Further Notice) 

released in January 2023, published at 

88 FR 12637, February 28, 2023. The 

Federal Communications Commission 

(Commission) sought written public 

comment on the proposals in the Eighth 

and Ninth Further Notices, including 

comment on the IRFA. No comments 

were filed addressing the IRFA. This 

present Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

A. Need for, and Objectives of, the 

Report and Order 

21. In the Eighth Report and Order, 

the Commission seeks to meet its 

objectives of ensuring efficient and 

effective utilization of the 4940–4990 

MHz band (4.9 GHz band) in support of 

public safety missions nationwide. To 


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91582 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

achieve these objectives, the Eighth 

Report and Order bolsters the 

coordinated nationwide approach to the 

band that the Commission established 

in its Seventh Report and Order, in 

which it adopted a nationwide Band 

Manager framework to coordinate 

operations in the 4.9 GHz band, 

optimize public safety use, and facilitate 

the integration of the latest 

commercially available technologies, 

including 5G, for the benefit of public 

safety users. To further these goals and 

to ensure efficient use of the 4.9 GHz 

band nationwide, the 4.9 GHz Band 

Manager, once selected, will be eligible 

to apply for a nationwide overlay 

license and authorized to enter into a 

sharing agreement with the First 

Responder Network Authority 

(FirstNet). Pursuant to this sharing 

agreement, FirstNet may be permitted to 

use unassigned spectrum in the 4.9 GHz 

band as part of its nationwide public 

safety broadband network (NPSBN) in a 

manner that fully protects incumbent 

operations. In addition to expanding the 

Band Manager’s responsibilities to 

include entering into a sharing 

agreement with FirstNet and 

establishing rules governing the 

nationwide Band Manager overlay 

license, the adopted rules in the Eighth 

Report and Order also reaffirm the 

Commission’s commitment to the 

nationwide Band Manager framework 

and clarify the Band Manager’s 

responsibilities. 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

22. There were no comments filed 

that specifically addressed the proposed 

rules and policies presented in the 

IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

23. Pursuant to the Small Business 

Jobs Act of 2010, which amended the 

RFA, the Commission is required to 

respond to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rules as a 

result of those comments. The Chief 

Counsel did not file any comments in 

response to the proposed rules or 

policies in this proceeding. 

D. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Will Apply 

24. 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 rules adopted herein. 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. 

25. Small Businesses, Small 

Organizations, Small Government 

Jurisdictions. Our actions, over time, 

may affect small entities that are not 

easily categorized at present. We 

therefore describe, at the outset, three 

broad groups of small entities that could 

be directly affected herein. First, while 

there are industry specific size 

standards for businesses that are used in 

the regulatory flexibility analysis, 

according to data from the Small 

Business Administration’s (SBA) Office 

of Advocacy, in general a small business 

is an independent business having 

fewer than 500 employees. These types 

of small businesses represent 99.9% of 

all businesses in the United States, with 

translates to 33.2 million businesses. 

26. Next, the type of small entity 

described as a ‘‘small organization’’ is 

generally ‘‘any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.’’ The Internal Revenue Service 

(IRS) uses a revenue benchmark of 

$50,000 or less to delineate its annual 

electronic filing requirements for small 

exempt organizations. Nationwide, for 

tax year 2022, there were approximately 

530,109 small exempt organizations in 

the U.S. reporting revenue of $50,000 or 

less according to the registration and tax 

data for exempt organizations available 

from the IRS. 

27. Finally, the small entity described 

as a ‘‘small governmental jurisdiction’’ 

is defined generally as ‘‘governments of 

cities, counties, towns, townships, 

villages, school districts, or special 

districts, with a population of less than 

fifty thousand.’’ U.S. Census Bureau 

data from the 2022 Census of 

Governments indicate there were 90,837 

local governmental jurisdictions 

consisting of general purpose 

governments and special purpose 

governments in the United States. Of 

this number, there were 36,845 general 

purpose governments (county, 

municipal, and town or township) with 

populations of less than 50,000 and 

11,879 special purpose governments 

(independent school districts) with 

enrollment populations of less than 

50,000. Accordingly, based on the 2022 

U.S. Census of Government data, we 

estimate that at least 48,724 entities fall 

into the category of ‘‘small government 

jurisdictions.’’ 

28. Frequency Coordinators. 

Frequency coordinators are entities or 

organizations certified by the 

Commission to recommend frequencies 

for use by licensees in the Private Land 

Mobile Radio (PLMR) Services that will 

most effectively meet the applicant’s 

needs while minimizing interference to 

licensees already operating within a 

given frequency band. Neither the 

Commission nor the SBA have 

developed a small business size 

standard specifically applicable to 

spectrum frequency coordinators. 

Business Associations, which comprises 

establishments primarily engaged in 

promoting the business interests of their 

members, is the closest applicable 

industry with a SBA small business size 

standard. 

29. The SBA small business size 

standard for Business Associations 

classifies firms with annual receipts of 

$8 million or less as small. For this 

industry, U.S. Census Bureau data for 

2017 show that there were 14,540 firms 

that operated for the entire year. Of 

these firms, 11,215 had revenue of less 

than $5 million. Based on this data, the 

majority of firms in the Business 

Associations industry can be considered 

small. However, the Business 

Associations industry is very broad and 

does not include specific figures for 

firms that are engaged in frequency 

coordination. Thus, the Commission is 

unable to ascertain exactly how many of 

the frequency coordinators are classified 

as small entities under the SBA size 

standard. According to Commission 

data, there are 13 entities certified to 

perform frequency coordination 

functions under part 90 of the 

Commission’s rules. For purposes of 

this FRFA, the Commission estimates 

that a majority of the 13 FCC-certified 

frequency coordinators are small. 

30. Private Land Mobile Radio 

Licensees. PLMR systems serve an 

essential role in a vast range of 

industrial, business, land transportation, 

and public safety activities. Companies 

of all sizes operating in all U.S. business 

categories use these radios. Wireless 

Telecommunications Carriers (except 

Satellite) which encompasses business 

entities engaged in radiotelephone 

communications, is the closest industry 

with an SBA small business size 

standard applicable to these services. 

The SBA small size standard for this 

industry classifies a business as small if 

it has 1,500 or fewer employees. U.S. 


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Census Bureau data for 2017 show that 

there were 2,893 firms that operated in 

this industry for the entire year. Of this 

number, 2,837 firms employed fewer 

than 250 employees. Thus, under the 

SBA size standard, the Commission 

estimates licensees in this industry can 

be considered small. 

31. Based on Commission data as of 

December 14, 2021, there are 

approximately 387,370 active PLMR 

licenses. Active PLMR licenses include 

3,577 licenses in the 4.9 GHz band; 

19,011 licenses in the 800 MHz band; 

and 2,716 licenses in the 900 MHz band. 

Since the Commission does not collect 

data on the number of employees for 

licensees providing these services, at 

this time we are not able to estimate the 

number of licensees with active licenses 

that would qualify as small under the 

SBA’s small business size standard. 

Nevertheless, the Commission believes 

that a substantial number of PLMR 

licensees are small entities. 

32. Radio and Television 

Broadcasting and Wireless 

Communications Equipment 

Manufacturing. 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 small 

business size standard for this industry 

classifies businesses having 1,250 

employees or less as small. U.S. Census 

Bureau data for 2017 show that there 

were 656 firms in this industry that 

operated for the entire year. Of this 

number, 624 firms had fewer than 250 

employees. Thus, under the SBA size 

standard, the majority of firms in this 

industry can be considered small. 

33. Wireless Telecommunications 

Carriers (except Satellite). This industry 

comprises establishments engaged in 

operating and maintaining switching 

and transmission facilities to provide 

communications via the airwaves. 

Establishments in this industry have 

spectrum licenses and provide services 

using that spectrum, such as cellular 

services, paging services, wireless 

internet access, and wireless video 

services. The SBA size standard for this 

industry classifies a business as small if 

it has 1,500 or fewer employees. U.S. 

Census Bureau data for 2017 show that 

there were 2,893 firms in this industry 

that operated for the entire year. Of that 

number, 2,837 firms employed fewer 

than 250 employees. Additionally, 

based on Commission data in the 2022 

Universal Service Monitoring Report, as 

of December 31, 2021, there were 594 

providers that reported they were 

engaged in the provision of wireless 

services. Of these providers, the 

Commission estimates that 511 

providers have 1,500 or fewer 

employees. Consequently, using the 

SBA’s small business size standard, 

most of these providers can be 

considered small entities. 

E. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

34. The Commission anticipates that 

the rule changes adopted in the Eighth 

Report and Order will create de minimis 

new compliance requirements for small 

entities. The adopted rules will cause 

the 4.9 GHz Band Manager, once 

selected, to become eligible to apply for 

a nationwide overlay license and will 

authorize the Band Manager to enter 

into a sharing agreement with FirstNet. 

Pursuant to this sharing agreement, 

FirstNet may be permitted to use 

unassigned spectrum in the 4.9 GHz 

band as part of its NPSBN. Once 

selected, the Band Manager’s primary 

responsibilities will include: (1) 

frequency coordination and interference 

protection for incumbent public safety 

licensees; (2) managing a spectrum 

sharing agreement with FirstNet; (3) 

incentivization of the use of the latest 

commercially available technologies; (4) 

facilitating non-public safety access 

through leasing; and (5) submitting an 

annual report to the Commission. The 

Commission notes that the rules 

adopted in the Eighth Report and Order 

do not create any significant additional 

compliance requirements for small 

entities. However, in assessing the cost 

of compliance for small entities, at this 

time the Commission is not in a position 

to determine whether these actions will 

require small entities to hire 

professionals to comply, and cannot 

quantify the cost of compliance with the 

rule changes that were adopted. 

Nevertheless, the Commission believes 

the benefits gained from the adopted 

rules by 4.9 GHz licensees and more 

optimized use of the band outweigh 

potential compliance costs incurred. 

F. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities and Significant Alternatives 

Considered 

35. The RFA requires an agency to 

provide, ‘‘a description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities . . . including a statement of 

the factual, policy, and legal reasons for 

selecting the alternative adopted in the 

final rule and why each one of the other 

significant alternatives to the rule 

considered by the agency which affect 

the impact on small entities was 

rejected.’’ 

36. In the Eighth Report and Order, 

the Commission adopts measures to 

further promote use of the 4.9 GHz band 

for a variety of primary public safety 

operations. In doing so, it makes the 4.9 

GHz Band Manager eligible to apply for 

a nationwide overlay license and 

authorizes the Band Manager to enter 

into a sharing agreement with FirstNet 

to enable use of the 4.9 GHz band as 

part of its NPSBN in a manner that fully 

protects incumbent operations. In this 

context, the Band Manager will be 

required to work with public safety 

licensees to rationalize their use. The 

Commission’s actions do not alter any of 

the actions that the Commission 

adopted in the Seventh Report and 

Order as they pertain to requiring small 

and other public safety incumbents and 

future applicants for the 4.9 GHz band 

to submit data on FCC Form 601. As we 

noted in the Seventh Report and Order, 

collecting the additional technical data 

on public safety operations will benefit 

public safety licensees operating in the 

band because it will improve 

interference protection and give public 

safety licensees more confidence in the 

band without adding a significant 

economic or administrative burden on 

licensees or applicants to submit the 

data. The Commission considered 

alternative approaches, however, the 

record reflects support from 

commenters, some of which include or 

represent small entities, that agree our 

adopted approach in the Eighth Report 

and Order could have the effect of 

increasing band usage for first 

responders and other public safety 

missions, while preserving incumbent 

operations. 

37. While small and other public 

safety applicants seeking to license 

facilities in the 4.9 GHz band will be 

subject to formal frequency coordination 

procedures, the economic impact will 

be minimized through the Eighth Report 

and Order’s adoption of a frequency 

coordination process with which public 

safety licensees operating PLMR 

facilities in other frequency bands are 

familiar. Once in place, the formal 

frequency coordination process will 

ensure the efficient assignment and use 

of spectrum while minimizing 

interference to incumbents. 

Consequently, the frequency 

coordination process will improve 

interference protection and give public 

safety licensees more confidence in the 


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91584 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

band without adding a significant 

economic burden on applicants. 

38. Finally, all other Commission 

actions related to the Band Manager in 

the Eighth Report and Order, such as the 

Band Manager’s responsibility to 

identify unused spectrum access 

opportunities, do not create a significant 

economic impact on small entities. 

G. Report to Congress 

39. The Commission will send a copy 

of the Eighth Report and Order, 

including this FRFA, in a report to 

Congress pursuant to the Congressional 

Review Act. In addition, the 

Commission will send a copy of the 

Eighth Report and Order, including this 

FRFA, to the Chief Counsel for 

Advocacy of the SBA. A copy of the 

Eighth Report and Order, and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

Ordering Clauses 

40. Accordingly, it is ordered that, 

pursuant to the authority found in 

sections 4(i), 4(j), 302, 303(b), 303(f), 

303(g), 303(r), 309(j) and 405 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 302a, 

303(b), 303(f), 303(g), 303(r), 309(j), and 

405, as well as § 1.429 of the 

Commission’s rules, 47 CFR 1.429, that 

this Eighth Report and Order is hereby 

adopted. 

41. It is further ordered that this 

Eighth Report and Order shall be 

effective 30 days after publication in the 

Federal Register. 

42. It is further ordered that the 

Commission’s Office of the Secretary, 

shall send a copy of this Eighth Report 

and Order, including the Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

43. It is further ordered that the 

Commission shall send a copy of this 

Eighth Report and Order in a report to 

be sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects 

47 CFR Part 0 

Authority delegations (Government 

agencies). 

47 CFR Part 90 

Administrative practice and 

procedure, Common carriers, 

Communications, Communications 

common carriers, Communications 

equipment, Emergency medical 

services, Organization and functions 

(Government agencies), Radio, 

Reporting and recordkeeping 

requirements, Telecommunications. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

Final Rules 

For the reasons discussed in the 

document above, the Federal 

Communications Commission amends 

47 CFR parts 0 and 90 as follows: 

PART 0—COMMISSION 

ORGANIZATION 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 154(j), 

155, 225, 409, and 1754, unless otherwise 

noted. 

■ 2. Section 0.331 is amended by adding 

paragraph (i) to read as follows: 

§ 0.331 Authority delegated. 

* * * * * 

(i) The Chief of the Wireless 

Telecommunications Bureau is 

delegated authority jointly with the 

Chief of the Public Safety and 

Homeland Security Bureau to 

administer provisions of §§ 90.1203, 

90.1207, 90.1209, and 90.1217 of this 

chapter. The Chief of the Wireless 

Telecommunications Bureau is also 

delegated authority to establish the 

procedures by which a Band Manager 

selection committee will be chosen; 

identify representatives to sit on the 

selection committee; determine the 

requisite number of selection committee 

members; identify the applicable 

selection criteria; confirm that the Band 

Manager selectee meets the selection 

criteria; and establish the appropriate 

procedures and oversight for the 

selection process as part of choosing the 

Band Manager. The Chief of the 

Wireless Telecommunications Bureau is 

also delegated authority to develop the 

form and procedures pursuant to which 

the Band Manager will submit 

certifications required by 

§§ 90.1207(h)(3) and 90.1209(e) of this 

chapter to the Commission; to manage 

the process of determining the 

appropriate Band Manager funding 

mechanisms; and to perform oversight 

and any other functions for the 

administration of the Band Manager and 

its responsibilities. 

■ 3. Section 0.392 is amended by adding 

paragraph (k) to read as follows: 

§ 0.392 Authority delegated. 

* * * * * 

(k) The Chief of the Public Safety and 

Homeland Security Bureau is delegated 

authority jointly with the Chief of the 

Wireless Telecommunications Bureau to 

administer provisions of §§ 90.1203, 

90.1207, 90.1209, and 90.1217 of this 

chapter. The Chief of the Public Safety 

and Homeland Security Bureau is also 

delegated authority to establish the 

procedures by which a Band Manager 

selection committee will be chosen; 

identify representatives to sit on the 

selection committee; determine the 

requisite number of selection committee 

members; identify the applicable 

selection criteria; confirm that the Band 

Manager selectee meets the selection 

criteria; and establish the appropriate 

procedures and oversight for the 

selection process as part of choosing the 

Band Manager. The Chief of the Public 

Safety and Homeland Security Bureau is 

also delegated authority to develop the 

form and procedures pursuant to which 

the Band Manager will submit 

certifications required by 

§§ 90.1207(h)(3) and 90.1209(e) of this 

chapter to the Commission; to manage 

the process of determining the 

appropriate Band Manager funding 

mechanisms; and to perform oversight 

and any other functions for the 

administration of the Band Manager and 

its responsibilities. 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 4. The authority citation for part 90 

continues to read as follows: 

Authority: 47 U.S.C. 154(i), 161, 303(g), 

303(r), 332(c)(7), 1401–1473. 

■ 5. Section 90.175 is amended by 

revising paragraph (g)(2) to read as 

follows: 

§ 90.175 Frequency coordinator 

requirements. 

* * * * * 

(g) * * * 

(2) For frequencies between 4940– 

4990 MHz: A statement is required from 

the nationwide band manager 

recommending the most appropriate 

channel(s), bandwidth, operating power, 

and any other technical parameter 

which promotes robust and efficient use 

of the band while minimizing 

interference. 

* * * * * 

■ 6. Section 90.1203 is amended by 

revising paragraph (b) and adding 

paragraph (c) to read as follows: 

§ 90.1203 Eligibility. 

* * * * * 

(b) 4.9 GHz band licensees eligible 

pursuant to paragraph (a) of this section 

may enter into sharing agreements or 

other arrangements for use of the 

spectrum with entities that do not meet 

the eligibility requirements in this 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91585 

section. However, all applications in the 

band are limited to operations in 

support of public safety. 

(c) The 4.9 GHz Band Manager is 

eligible to hold a nationwide overlay 

license in the 4940–4990 MHz band 

consistent with the requirements of 

§ 90.1207(h). 

■ 7. Section 90.1207 is amended by 

revising paragraphs (a), (b) introductory 

text, (c), and (e) introductory text and 

adding paragraph (h) to read as follows: 

§ 90.1207 Licensing. 

(a) A 4940–4990 MHz band license 

held by an entity eligible under 

§ 90.1203(a) gives the licensee authority 

to operate on any authorized channel in 

this band within its licensed area of 

operation. See § 90.1213. A 4940–4990 

MHz band license will be issued for the 

geographic area encompassing the legal 

jurisdiction of the licensee or, in case of 

a nongovernmental organization, the 

legal jurisdiction of the State or local 

governmental entity supporting the 

nongovernmental organization. 

(b) Subject to § 90.1209, a 4940–4990 

MHz band license held by an entity 

eligible under § 90.1203(a) gives the 

licensee authority to construct and 

operate any number of base stations 

anywhere within the area authorized by 

the license, except as follows: 

* * * * * 

(c) A 4940–4990 MHz band license 

held by an entity eligible under 

§ 90.1203(a) gives the licensee authority 

to operate base and mobile units 

(including portable and handheld units) 

and operate temporary (1 year or less) 

fixed stations anywhere within the area 

authorized by the license. Such 

licensees may operate base and mobile 

units and/or temporary fixed stations 

outside their authorized area to assist 

public safety operations with the 

permission of the jurisdiction in which 

the radio station is to be operated. Base 

and temporary fixed stations are subject 

to the requirements of paragraph (b) of 

this section. 

* * * * * 

(e) Applications for license in the 

4940–4990 MHz band by an entity 

eligible under § 90.1203(a) must include 

the following technical information. 

* * * * * 

(h) The 4.9 GHz Band Manager is 

eligible under § 90.1203(c) to hold a 

nationwide overlay license for the 

4940–4990 MHz band, subject to the 

exclusion of licensed geographic areas 

and frequencies held by an incumbent 

entity eligible under § 90.1203(a). The 

4.9 GHz Band Manager: 

(1) Shall not be eligible to 

independently operate stations in the 

4940–4990 MHz band; 

(2) Consistent with §§ 90.1217(a), (d) 

and 2.103(b) of this chapter, may allow 

the First Responder Network Authority, 

pursuant to a sharing agreement, to 

construct and operate stations at any 

geographic site within the Band 

Manager’s licensed area and on any 

channel for which the Band Manager is 

licensed, subject to the exclusions in 

this paragraph (h) and provided such 

stations do not cause harmful 

interference to incumbent licensees and 

otherwise comply with Commission 

rules and coordination requirements; 

(3) Shall certify to the Wireless 

Telecommunications Bureau and Public 

Safety and Homeland Security Bureau 

prior to entering into any sharing 

agreement with the First Responder 

Network Authority that such agreement 

meets the requirements of § 2.103(b) of 

this chapter and this paragraph (h); 

(4) Shall certify to the Wireless 

Telecommunications Bureau and Public 

Safety and Homeland Security Bureau 

when stations have been placed in 

operation pursuant to § 90.1209(e); and 

(5) shall ensure that stations operating 

pursuant to a sharing agreement in this 

subpart comply with the relevant 

technical and licensing rules governing 

operations in the 4940–4990 MHz band 

in §§ 90.1205, 90.1209(b) through (c), 

(e), 90.1213, and 90.1215. 

■ 8. Section 90.1209 is amended by 

revising paragraphs (a) and (d) and 

adding paragraph (e) to read as follows: 

§ 90.1209 Policies governing the use of the 

4940–4990 MHz band. 

(a) Channels in this band licensed to 

any entity eligible under § 90.1203(a) 

are available on a shared basis only and 

will not be assigned for the exclusive 

use of any licensee. 

* * * * * 

(d) Stations used by an entity eligible 

under § 90.1203(a) must be placed into 

operation within twelve (12) months 

from the date of grant in accordance 

with § 90.155. Licensees of temporary 

fixed stations must place at least one 

such station in operation within twelve 

months of license grant. 

(e) Stations used by an entity eligible 

under § 90.1203(h) must be placed into 

operation within twelve (12) months 

from the date that the Band Manager 

and the First Responder Network 

Authority execute a sharing agreement 

pursuant to §§ 90.1207(h) and 2.103(b) 

of this chapter. 

■ 9. Section 90.1217 is amended by: 

■ a. Revising the introductory text; 

■ b. Revising paragraphs (a) and (b); and 

■ c. Adding paragraphs (d) and (e). 

The revisions and addition read as 

follows: 

§ 90.1217 4.9 GHz Band Manager. 

The 4.9 GHz Band Manager will have 

the following primary responsibilities: 

(a) Frequency coordination and 

interference protection for 4.9 GHz band 

incumbent public safety operations; 

(b) Incentivizing the use of the latest 

commercially available technologies, 

including 5G; 

* * * * * 

(d) Managing a sharing agreement 

with the First Responders Network 

Authority pursuant to §§ 90.1207(h) and 

2.103(b) of this chapter; and 

(e) Filing an annual report with the 

Commission. 

[FR Doc. 2024–26794 Filed 11–19–24; 8:45 am] 

BILLING CODE 6712–01–P 


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