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Nationwide Broadband, Interoperable Public Safety Network 700 MHz Band

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Released: April 8, 2013
Federal Communications Commission
Washington, D.C. 20554
‘April 8, 2013

DA 13- 668

Small Entity Compliance Guide

Amendment of Part 90 of the Commission’s Rules

Service Rules for the 698-746, 747-762 and 777-792 MHz Bands

Implementing a Nationwide, Broadband, Interoperable

Public Safety Network in the 700 MHz Band

Fourth Report and Order and Fifth Further Notice of Proposed Rulemaking
FCC 12-61
WP Docket No. 07-100, PS Docket No. 06-229, WT Docket No. 06-150
Released: June 13, 2012

This Guide is prepared in accordance with the requirements of Section 212 of the
Small Business Regulatory Enforcement Fairness Act of 1996. It is intended to help
small entities—small businesses, small organizations (non-profits), and small
governmental jurisdictions—comply with the new rules adopted in the above-
referenced FCC rulemaking docket(s). This Guide is not intended to replace the
rules and, therefore, final authority rests solely with the rules. Although we have
attempted to cover all parts of the rules that might be especially important to small
entities, the coverage may not be exhaustive. This Guide may, perhaps, not apply in
a particular situation based upon the circumstances, and the FCC retains the
discretion to adopt approaches on a case-by-case basis that may differ from this
Guide, where appropriate. Any decisions regarding a particular small entity will be
based on the statute and regulations.

In any civil or administrative action against a small entity for a violation of rules,
the content of the Small Entity Compliance Guide may be considered as evidence of
the reasonableness or appropriateness of proposed fines, penalties or damages.
Interested parties are free to file comments regarding this Guide and the
appropriateness of its application to a particular situation; the FCC will consider
whether the recommendations or interpretations in the Guide are appropriate in
that situation. The FCC may decide to revise this Guide without public notice to
reflect changes in the FCC’s approach to implementing a rule, or to clarify or
update the text of the Guide. Direct your comments and recommendations, or calls
for further assistance, to the FCC’s Consumer Center:

1-888-CALL-FCC (1-888-225-5322)

TTY: 1-888-TELL-FCC (1-888-835-5322)

Fax: 1-866-418-0232

fccinfo@fcc.gov

Key Definitions

Frequency coordination. The process of obtaining the recommendation of a frequency coordinator for a
frequency(ies) that will most effectively meet the applicant’s needs while minimizing interference to
licensees already operating within a given frequency band.

Background

In 2009, the Commission took the opportunity to seek comment on correcting and clarifying certain
rules in 47 C.F.R. Part 90, and on a proposal for frequency coordination requirements in the 4940-4990 MHz
(4.9 GHz), both of which relate to public safety operations. Commenters supported all the proposals on
corrections and clarifications, and no commenters opposed. Thus, the Commission adopted all of the
corrections and clarifications in the Fourth Report and Order. The comments on frequency coordination in the
4.9 GHz band identified two alternative proposals, so Commission declined to adopt any additional
frequency coordination requirements for the 4.9 GHz band in the Fourth Report and Order pending further
review of alternatives in the accompanying Fifth Further Notice of Proposed Rulemaking. As described
below, the decisions of the Fourth Report and Order have no new compliance requirements.

Compliance Requirements

Summary of Decisions in this Fourth Report and Order with New Compliance Requirements

·
(None)

Summary of Decisions in this Fourth Report and Order with No New Compliance Requirements

·
The Commission corrected an inadvertent omission from 47 C.F.R. § 90.175 so that applicants for
frequencies in the 4.9 GHz band are exempt from frequency coordination requirements once again.
Small entities that plan to apply for frequencies in the 4.9 GHz band without the added step of
frequency coordination will comply with the corrected rule and need to take no special action as a
result of the Fourth Report and Order.
·
The Commission corrected the band plan of 47 C.F.R. § 90.1213. Specifically, the Commission
corrected the channel number 14 bandwidth from five megahertz to one megahertz, and the
Commission amended the table in 47 C.F.R. § 90.1213 to list the center frequencies that applicants
should request for every possible channel aggregation permitted in the rules. Because the
Commission grandfathered any existing licensees that are authorized for greater than one megahertz
bandwidth on channel 14 or for non-standard center frequencies, any small entities that are so
authorized need to take no special action as a result of the Fourth Report and Order. We expect that
small entity equipment manufacturers also need to take no special action because review of
equipment certification applications indicates that 4.9 GHz band devices are capable of operating in
one-megahertz, five-megahertz, or aggregated channel modes as permitted by the rule both before
and after the rule change.
·
The Commission corrected several typographical and ministerial errors in 47 C.F.R. § 90.20 relating
to the Public Safety Pool Frequency Table and associated limitations:
o In the 47 C.F.R. § 90.20(d)(66)(i) table of frequency pairs, the Commission corrected the
mobile-only frequency for Channel MED-4 from 463.075 MHz to 468.075 MHz. Frequency
463.075 MHz is still part of Channel MED-4 and is available for base and mobile operations
as set forth in the rule. Small entities that use either frequency already comply with the
corrected rule and need to take no special action as a result of the Fourth Report and Order.

o In the 47 C.F.R. § 90.20(c)(3) table of Public Safety Pool frequencies, the Commission
replaced limitation 38 with limitation 10 on nine medical service frequencies because the
two limitations were identical, but since 2005, limitation 38 has been blank. Limitation 10
allows a licensee that regularly conducts two-way communication operations to also transmit
one-way alert-paging signals to ambulance and rescue squad personnel on a secondary basis.
Because this limitation is permissive in nature rather than restrictive, any small entities that
use these frequencies need to take no special action as a result of the Fourth Report and
Order.
o The Commission amended 47 C.F.R. § 90.20(c)(3) by replacing the text in the limitation
column “O=’xl’≤72” for the 1427 to 1432 MHz band with the numeral “72.” This change is
merely a typographical correction to remove excess characters, and the numeral “72” was
present in the previous version of the rule to denote limitation 72 (47 C.F.R. § 90.20(d)(72)).
Since this simply clarifies the reference to Section 90.259 of the rules, which already applies
to this band, any small entities that use these frequencies need to take no special action as a
result of the Fourth Report and Order.
o The Commission amended 47 C.F.R. § 90.20(c)(3) by replacing limitation 49 with limitation
59 for frequencies 453.03125 MHz and 453.04375 MHz, to correct a typographical error
introduced in 2007. Because limitation 59 is permissive, and limitation 49 referred to uses
already inconsistent with those permitted for these frequencies, any small entities that use
these frequencies need to take no special action as a result of the Fourth Report and Order.

Dates

The above-summarized rules that the Commission adopted in the Fourth Report and Order were published in
the Federal Register on August 1, 2012 and became effective on August 31, 2012.

Internet Links

·
Fourth Report and Order and Fifth Further Notice of Proposed Rulemaking, FCC 12-61
Amendment of Part 90 of the Commission’s Rules
Service Rules for the 698-746, 747-762 and 777-792 MHz Bands
Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the
700 MHz Band; Amendment of Part 90 of the Commission’s Rules


http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A1.txt
·
Statement of Chairman Julius Genachowski

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A2.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A2.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A2.txt
·
Statement of Commissioner Robert M. McDowell

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A3.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A3.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A3.txt
·
Statement of Commissioner Mignon L. Clyburn

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A4.doc

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A4.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A4.txt
·
Statement of Commissioner Jessica Rosenworcel

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A5.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A5.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A5.txt
·
Statement of Commissioner Ajit V. Pai


http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A6.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A6.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-61A6.txt
·
News Release – Federal Communications Commission Proposed Plan to Improve Spectrum
Efficiency and Promote Use of 4.9 GHz for Broadband Communications for First Reponders
and Public Safety Officials


http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314613A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314613A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314613A1.txt

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