46690 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[PS Docket No. 16–269; FCC 17–75] 

Procedures for Commission Review of 

State Opt-Out Request From the 

FirstNet Radio Access Network 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) addresses the 758–769/ 

788–799 MHz band, which the 

Commission licensed to the First 

Responder Network Authority (FirstNet) 

on a nationwide basis pursuant to the 

provisions of the Middle Class Tax 

Relief and Job Creation Act of 2012. The 

Report and Order adopts procedures for 

administering the state opt-out process 

as provided under the Public Safety 

Spectrum Act, as well delineating the 

specific standards by which the 

Commission will evaluate state opt-out 

applications. 

DATES: Effective November 6, 2017, 

except for § 90.532(b) and (c), which 

contain information collection 

requirements that are not effective until 

approved by the Office of Management 

and Budget. The FCC will publish a 

document in the Federal Register 

announcing the effective date for those 

sections. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street SW., 

Washington, DC 20554. In addition to 

filing comments with the Office of the 

Secretary, a copy of any comments on 

the Paperwork Reduction Act 

information collection requirements 

contained herein should be submitted to 

Nicole Ongele at (202) 418–2991. 

FOR FURTHER INFORMATION CONTACT: 

Roberto Mussenden, Policy and 

Licensing Division, Public Safety and 

Homeland Security Bureau, (202) 418– 

1428. For additional information 

concerning the Paperwork Reduction 

Act information collection requirements 

contained in this document, contact 

Nicole Ongele at 202–418–2991, or send 

an email to PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, PS Docket No. 16–269; FCC 

17–75, adopted and released on June 22, 

2016. The complete text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Information 

Center, 445 12th Street SW., Room CY– 

A257, Washington, DC 20554 and can 

be downloaded at https://apps.fcc.gov/ 

edocs_public/attachmatch/FCC-17- 

75A1.pdf. 

In 2016, the Commission’s Notice of 

Proposed Rulemaking (NPRM), 81 FR 

64825, September 21, 2016, sought 

comment sought comment on 

implementation of the opt-out review 

process to be conducted by the 

Commission, pursuant to certain 

provisions of the Public Safety 

Spectrum Act. These included: The 

procedures and timing for states to 

notify FirstNet, NTIA, and the 

Commission of their opt-out elections, 

completing their RFPs, and for filing 

their alternative state plans with the 

Commission; the Commission review 

process, including timing, defining the 

scope of participation by interested 

parties, and treatment of confidential 

information; what criteria that 

Commission will use in evaluating 

alternative state plans; what elements 

states should include in their alternative 

state plans to demonstrate compliance 

with the relevant statutory criteria; and 

how the Commission’s decisions to 

approve or disapprove alternative state 

plans will be documented. 

In the Report and Order, the 

Commission finds that the 90-day 

period states have to inform the 

Commission of its opt-out decision shall 

commence when a state has received 

statutory ‘‘notice’’ from FirstNet of the 

final plan for that state. The 

Commission also finds that within 180 

days of providing its opt-out notice to 

the Commission, a state must have (1) 

issued an RFP providing for full 

deployment of the state RAN (i.e., the 

RFP must cover the actual network 

build, not merely development of a 

plan) and (2) received firm commitment 

bids on the RFP and selected a winning 

bidder. A state has 240 days from the 

opt-out notification date to file its 

alternative plan with the Commission. 

The Commission specifies that Plans 

filed with the Commission must, at a 

minimum, (1) address the four general 

subject areas identified in the Act 

(construction, maintenance, operation, 

and improvements of the state RAN), (2) 

address the two interoperability 

requirements set forth in sections 

6302(e)(3)(C)(i)(I) and (II) of the Act, and 

(3) specifically address all of the 

requirements of the Technical Advisory 

Board for First Responder 

Interoperability. 

The Commission will treat each state 

opt-out application as a separate 

restricted proceeding under our rules. 

The parties to these proceedings will 

initially include the state filing the 

application, FirstNet, and NTIA. Other 

persons or entities seeking to participate 

in a proceeding may petition the 

Commission for leave to intervene based 

on a demonstrated showing of interest. 

The Commission further imposes a 90- 

day aspirational shot clock upon itself 

for Commission action on a properly 

filed alternative plan. 

The Commission will confine its 

review to the RAN elements of state 

alternative plans, which it defines as all 

the cell site equipment, antennas, and 

backhaul equipment, based on 

commercial standards, that are required 

to enable wireless communications with 

devices using the public safety 

broadband spectrum including standard 

E–UTRAN elements (e.g., the eNodeB) 

and including, but not limited to, 

backhaul to FirstNet designated 

consolidation points. 

Finally the Commission states that the 

full Commission will issue a separate 

Order for each opt-out request. Each 

order will provide a brief explanation of 

the Commission’s decision based on the 

statutory criteria as applied to the 

information submitted in the record. 

This document contains new 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invited the general public to 

comment on the information collection 

requirements contained in this R&O as 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13. In 

addition, the Commission notes that 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we previously sought specific comment 

on how the Commission might further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees. 

In this present document, we have 

assessed the effects of state opt-out 

procedures and find that they have no 

effect on businesses with fewer than 25 

employees. 

The Commission sent a copy of this 

Report & Order to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 90 

Administrative practice and 

procedure, Common carriers, Radio, 

Reporting and recordkeeping 

requirements. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 


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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46691 

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: 

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

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7), and Title VI of 

the Middle Class Tax Relief and Job Creation 

Act of 2012, Pub. L. 112–96, 126 Stat. 156. 

■ 2. Section 90.532 is amended by 

revising the section heading, 

designating the undesignated paragraph 

as paragraph (a), adding a paragraph 

heading to newly designated paragraph 

(a), and adding paragraphs (b) through 

(f) to read as follows: 

§ 90.532 Licensing of the 758–769 MHz and 

788–799 MHz Bands; State opt-out election 

and alternative plans. 

(a) First Responder Network Authority 

license and renewal. * * * 

(b) State election to opt out of the First 

Responder Network Authority 

Nationwide Network. No later than 90 

days after receipt of notice from the 

First Responder Network Authority 

under section 6302(e)(1) of the Middle 

Class Tax Relief and Job Creation Act of 

2012, Public Law 112–96, 126 Stat. 156 

(Spectrum Act), any State Governor or 

the Governor’s designee shall file with 

the Commission a notification of the 

Governor’s election to opt out and 

conduct its own deployment of a State 

radio access network pursuant to 

section 6302(e)(2)(B) of the Middle Class 

Tax Relief and Job Creation Act of 2012. 

This notification shall be sent to a 

dedicated email address specified by the 

Commission or via certified mail to the 

Secretary’s office. At the conclusion of 

the opt-out notification period, the 

Public Safety and Homeland Security 

Bureau shall issue one or more Public 

Notices denoting which states have 

elected to opt out. In addition: 

(1) Such notification shall also certify 

that the State has notified the First 

Responder Network Authority and the 

National Telecommunications and 

Information Administration of its 

election. 

(2) If such notice is filed by the 

Governor’s designee, it shall include 

memorialization of the Governor’s 

delegation of authority in writing with 

the notice. 

(c) Petitions for leave to intervene. 

Entities other than the First Responder 

Network Authority, the National 

Telecommunications and Information 

Administration, and the relevant state 

may petition the Commission for leave 

to intervene. Such a petition must be 

made within 30 days of the Public 

Notice issued in conformance with 

paragraph (b) of this section. The 

petition must note the specific plan on 

which the filer wishes to comment and 

clearly detail the filer’s interest in the 

proceeding. This includes an 

explanation of the filer’s interest in the 

outcome of the particular state’s 

application, as well as an explanation of 

how the filer’s interests are not 

otherwise represented by the state, 

FirstNet, or NTIA, or how its 

participation would otherwise aid the 

Commission in a full evaluation of the 

facts. 

(d) Filing of alternative state plans by 

states electing to opt out. No later than 

240 days after filing notice of a State’s 

election with the Commission under 

paragraph (b) of this section, the State 

Governor or the Governor’s designee 

shall file an alternative plan with the 

Commission for the construction, 

maintenance, operation, and 

improvements of the State radio access 

network. Alternative plans may be sent 

to a dedicated email address specified 

by the Commission or via certified mail 

to the Office of the Secretary. 

(e) Contents of alternative state plans. 

An alternative state plan shall include: 

(1) An interoperability showing, 

demonstrating: 

(i) Compliance with the minimum 

technical interoperability requirements 

developed under section 6203 of the 

Middle Class Tax Relief and Job 

Creation Act of 2012; and 

(ii) Interoperability with the 

nationwide public safety broadband 

network. 

(2) Certifications by the State 

Governor or the Governor’s designee, 

attesting: 

(i) Adherence to FirstNet network 

policies identified by FirstNet as 

relating to technical interoperability; 

and 

(ii) Completion of the state’s request 

for proposal within 180 days of receipt 

of notice of the State Plan furnished by 

the First Responder Network Authority. 

Such certification may only be made if 

the state has: 

(A) Issued a request for proposal for 

the state’s Radio Access Network; 

(B) Received bids for such network; 

and 

(C) Selected a vendor(s). 

(f) Commenting on alternative state 

plans. Within 10 business days of the 

submission of an alternative state plan 

the Public Safety and Homeland 

Security Bureau shall determine 

whether the plan is acceptable for filing 

under the criteria set forth under 

paragraphs (d) and (e) of this section. 

The Bureau shall issue a Public Notice 

identifying each plan that has been 

accepted for filing and initiating an 

abbreviated comment cycle. 

(1) The First Responder Network 

Authority, the National 

Telecommunications and Information 

Administration, and any entity granted 

party status under paragraph (c) of this 

section may file comments within 15 

days of the issuance of the Public Notice 

set forth in this paragraph (f). 

(2) The relevant state may file reply 

comments within 30 days of the 

issuance of the Public Notice set forth 

in this paragraph (f). 

(3) States can file the plans, and those 

granted party status to each proceeding 

may file comments on the plan, in the 

specified state docket via a dedicated 

email address specified by the 

Commission or via certified mail to the 

Office of the Secretary. 

[FR Doc. 2017–21596 Filed 10–5–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2016–0090; 

4500030113] 

RIN 1018–BB48 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Dalea carthagenensis var. 

floridana (Florida Prairie-clover), and 

Threatened Species Status for 

Sideroxylon reclinatum ssp. 

austrofloridense (Everglades Bully), 

Digitaria pauciflora (Florida Pineland 

Crabgrass), and Chamaesyce deltoidea 

ssp. pinetorum (Pineland Sandmat) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered species status under the 

Endangered Species Act of 1973 (Act), 

as amended, for Dalea carthagenensis 

var. floridana (Florida prairie-clover), 

and threatened species status for 

Sideroxylon reclinatum ssp. 

austrofloridense (Everglades bully), 

Digitaria pauciflora (Florida pineland 

crabgrass), and Chamaesyce deltoidea 

ssp. pinetorum (pineland sandmat). All 

four plant species are endemic to south 

Florida. This rule adds these species to 

the Federal List of Endangered and 

Threatened Plants. 


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