[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Rules and Regulations]
[Pages 46690-46691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21596]



[[Page 46690]]

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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.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) addresses the 758-769/788-799 MHz band, which the 
Commission licensed to the First Responder Network Authority (FirstNet) 
on a nationwide basis pursuant to the provisions of the Middle Class 
Tax Relief and Job Creation Act of 2012. The Report and Order adopts 
procedures for administering the state opt-out process as provided 
under the Public Safety Spectrum Act, as well delineating the specific 
standards by which the Commission will evaluate state opt-out 
applications.

DATES: Effective November 6, 2017, except for Sec.  90.532(b) and (c), 
which contain information collection requirements that are not 
effective until approved by the Office of Management and Budget. The 
FCC will publish a document in the Federal Register announcing the 
effective date for those sections.

ADDRESSES: Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554. In addition to filing comments with the Office of 
the Secretary, a copy of any comments on the Paperwork Reduction Act 
information collection requirements contained herein should be 
submitted to Nicole Ongele at (202) 418-2991.

FOR FURTHER INFORMATION CONTACT:  Roberto Mussenden, Policy and 
Licensing Division, Public Safety and Homeland Security Bureau, (202) 
418-1428. For additional information concerning the Paperwork Reduction 
Act information collection requirements contained in this document, 
contact Nicole Ongele at 202-418-2991, or send an email to <a href="/cdn-cgi/l/email-protection#0a5a584b4a6c6969246d657c"><span class="__cf_email__" data-cfemail="15454754557376763b727a63">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, PS Docket No. 16-269; FCC 17-75, adopted and released on 
June 22, 2016. The complete text of this document is available for 
inspection and copying during normal business hours in the FCC 
Reference Information Center, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554 and can be downloaded at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-75A1.pdf.
    In 2016, the Commission's Notice of Proposed Rulemaking (NPRM), 81 
FR 64825, September 21, 2016, sought comment sought comment on 
implementation of the opt-out review process to be conducted by the 
Commission, pursuant to certain provisions of the Public Safety 
Spectrum Act. These included: The procedures and timing for states to 
notify FirstNet, NTIA, and the Commission of their opt-out elections, 
completing their RFPs, and for filing their alternative state plans 
with the Commission; the Commission review process, including timing, 
defining the scope of participation by interested parties, and 
treatment of confidential information; what criteria that Commission 
will use in evaluating alternative state plans; what elements states 
should include in their alternative state plans to demonstrate 
compliance with the relevant statutory criteria; and how the 
Commission's decisions to approve or disapprove alternative state plans 
will be documented.
    In the Report and Order, the Commission finds that the 90-day 
period states have to inform the Commission of its opt-out decision 
shall commence when a state has received statutory ``notice'' from 
FirstNet of the final plan for that state. The Commission also finds 
that within 180 days of providing its opt-out notice to the Commission, 
a state must have (1) issued an RFP providing for full deployment of 
the state RAN (i.e., the RFP must cover the actual network build, not 
merely development of a plan) and (2) received firm commitment bids on 
the RFP and selected a winning bidder. A state has 240 days from the 
opt-out notification date to file its alternative plan with the 
Commission.
    The Commission specifies that Plans filed with the Commission must, 
at a minimum, (1) address the four general subject areas identified in 
the Act (construction, maintenance, operation, and improvements of the 
state RAN), (2) address the two interoperability requirements set forth 
in sections 6302(e)(3)(C)(i)(I) and (II) of the Act, and (3) 
specifically address all of the requirements of the Technical Advisory 
Board for First Responder Interoperability.
    The Commission will treat each state opt-out application as a 
separate restricted proceeding under our rules. The parties to these 
proceedings will initially include the state filing the application, 
FirstNet, and NTIA. Other persons or entities seeking to participate in 
a proceeding may petition the Commission for leave to intervene based 
on a demonstrated showing of interest. The Commission further imposes a 
90-day aspirational shot clock upon itself for Commission action on a 
properly filed alternative plan.
    The Commission will confine its review to the RAN elements of state 
alternative plans, which it defines as all the cell site equipment, 
antennas, and backhaul equipment, based on commercial standards, that 
are required to enable wireless communications with devices using the 
public safety broadband spectrum including standard E-UTRAN elements 
(e.g., the eNodeB) and including, but not limited to, backhaul to 
FirstNet designated consolidation points.
    Finally the Commission states that the full Commission will issue a 
separate Order for each opt-out request. Each order will provide a 
brief explanation of the Commission's decision based on the statutory 
criteria as applied to the information submitted in the record.
    This document contains new information collection requirements. The 
Commission, as part of its continuing effort to reduce paperwork 
burdens, invited the general public to comment on the information 
collection requirements contained in this R&O as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. In addition, the 
Commission notes that pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
previously sought specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.
    In this present document, we have assessed the effects of state 
opt-out procedures and find that they have no effect on businesses with 
fewer than 25 employees.
    The Commission sent a copy of this Report & Order to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 90

    Administrative practice and procedure, Common carriers, Radio, 
Reporting and recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications

[[Page 46691]]

Commission amends 47 CFR part 90 as follows:

PART 90--PRIVATE LAND MOBILE RADIO SERVICES

0
1. The authority citation for part 90 continues to read:

    Authority:  Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 
303(g), 303(r), and 332(c)(7), and Title VI of the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.


0
2. Section 90.532 is amended by revising the section heading, 
designating the undesignated paragraph as paragraph (a), adding a 
paragraph heading to newly designated paragraph (a), and adding 
paragraphs (b) through (f) to read as follows:


Sec.  90.532  Licensing of the 758-769 MHz and 788-799 MHz Bands; State 
opt-out election and alternative plans.

    (a) First Responder Network Authority license and renewal. * * *
    (b) State election to opt out of the First Responder Network 
Authority Nationwide Network. No later than 90 days after receipt of 
notice from the First Responder Network Authority under section 
6302(e)(1) of the Middle Class Tax Relief and Job Creation Act of 2012, 
Public Law 112-96, 126 Stat. 156 (Spectrum Act), any State Governor or 
the Governor's designee shall file with the Commission a notification 
of the Governor's election to opt out and conduct its own deployment of 
a State radio access network pursuant to section 6302(e)(2)(B) of the 
Middle Class Tax Relief and Job Creation Act of 2012. This notification 
shall be sent to a dedicated email address specified by the Commission 
or via certified mail to the Secretary's office. At the conclusion of 
the opt-out notification period, the Public Safety and Homeland 
Security Bureau shall issue one or more Public Notices denoting which 
states have elected to opt out. In addition:
    (1) Such notification shall also certify that the State has 
notified the First Responder Network Authority and the National 
Telecommunications and Information Administration of its election.
    (2) If such notice is filed by the Governor's designee, it shall 
include memorialization of the Governor's delegation of authority in 
writing with the notice.
    (c) Petitions for leave to intervene. Entities other than the First 
Responder Network Authority, the National Telecommunications and 
Information Administration, and the relevant state may petition the 
Commission for leave to intervene. Such a petition must be made within 
30 days of the Public Notice issued in conformance with paragraph (b) 
of this section. The petition must note the specific plan on which the 
filer wishes to comment and clearly detail the filer's interest in the 
proceeding. This includes an explanation of the filer's interest in the 
outcome of the particular state's application, as well as an 
explanation of how the filer's interests are not otherwise represented 
by the state, FirstNet, or NTIA, or how its participation would 
otherwise aid the Commission in a full evaluation of the facts.
    (d) Filing of alternative state plans by states electing to opt 
out. No later than 240 days after filing notice of a State's election 
with the Commission under paragraph (b) of this section, the State 
Governor or the Governor's designee shall file an alternative plan with 
the Commission for the construction, maintenance, operation, and 
improvements of the State radio access network. Alternative plans may 
be sent to a dedicated email address specified by the Commission or via 
certified mail to the Office of the Secretary.
    (e) Contents of alternative state plans. An alternative state plan 
shall include:
    (1) An interoperability showing, demonstrating:
    (i) Compliance with the minimum technical interoperability 
requirements developed under section 6203 of the Middle Class Tax 
Relief and Job Creation Act of 2012; and
    (ii) Interoperability with the nationwide public safety broadband 
network.
    (2) Certifications by the State Governor or the Governor's 
designee, attesting:
    (i) Adherence to FirstNet network policies identified by FirstNet 
as relating to technical interoperability; and
    (ii) Completion of the state's request for proposal within 180 days 
of receipt of notice of the State Plan furnished by the First Responder 
Network Authority. Such certification may only be made if the state 
has:
    (A) Issued a request for proposal for the state's Radio Access 
Network;
    (B) Received bids for such network; and
    (C) Selected a vendor(s).
    (f) Commenting on alternative state plans. Within 10 business days 
of the submission of an alternative state plan the Public Safety and 
Homeland Security Bureau shall determine whether the plan is acceptable 
for filing under the criteria set forth under paragraphs (d) and (e) of 
this section. The Bureau shall issue a Public Notice identifying each 
plan that has been accepted for filing and initiating an abbreviated 
comment cycle.
    (1) The First Responder Network Authority, the National 
Telecommunications and Information Administration, and any entity 
granted party status under paragraph (c) of this section may file 
comments within 15 days of the issuance of the Public Notice set forth 
in this paragraph (f).
    (2) The relevant state may file reply comments within 30 days of 
the issuance of the Public Notice set forth in this paragraph (f).
    (3) States can file the plans, and those granted party status to 
each proceeding may file comments on the plan, in the specified state 
docket via a dedicated email address specified by the Commission or via 
certified mail to the Office of the Secretary.

[FR Doc. 2017-21596 Filed 10-5-17; 8:45 am]
 BILLING CODE 6712-01-P


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