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Amendment of Parts 12 and 90 of the Commission's Rules

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Released: November 1, 2011

Federal Communications Commission

DA 11-1838

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Amendment of Parts 12 and 90 of the
)
Commission's Rules Regarding
)
)

Redundancy of Communications Systems:
)
Backup Power
)
)

Private Land Mobile Radio Services: Selection
)
and assignment of frequencies, and transition of
)
the Upper 200 channels in the 800 MHz Band to
)
EA licensing
)

ORDER

Adopted: November 1, 2011

Released: November 1, 2011

By the Chief, Public Safety and Homeland Security Bureau, and Deputy Managing Director, Office of
Managing Director:
1.
In this Order, we make nonsubstantive, editorial revisions to Parts 12 and 90 of the
Commission's rules. We make these revisions to delete certain rule provisions that are without current
legal effect and obsolete. These nonsubstantive revisions are part of the Commission's ongoing
examination and improvement of FCC processes and procedures. The revisions and the specific reasons
for each one are set forth below.
2.
Specifically, this Order deletes a rule setting forth backup power requirements for
communications providers. This rule never took effect and ultimately was vacated in its entirety by the
U.S. Court of Appeals for the District of Columbia (D.C. Circuit).1 The rule, 47 C.F.R. 12.2, is
therefore without current legal effect and is deleted as obsolete.
3.
This Order also deletes a rule providing that UHF television translators on Channels 70 to
83 must operate on a secondary basis to land mobile operations in the 800 MHz band and will not be
protected from such operations. There are no UHF television translators operating on Channels 70 to 83,
and the Commission has eliminated the TV allocation from these channels.2 Accordingly, this rule
provision, 47 C.F.R. 90.621(d), is without current legal effect and is deleted as obsolete.
4.
This Order also deletes a provision that allocates specified channels for Basic Exchange
Telecommunication Radio Service (BETRS) but expressly cautions that a pending FCC proposal could


1 See CTIA v. FCC, No. 07-1475 (D.C. Cir. July 31, 2009) (per curiam).
2 See Inquiry Relative to the Future Use of the Frequency Band 806-960 MHz and Amendment of Part 2, 18, 21, 73,
89, 91 and 93 of the Rules Relative to Operations in the Land Mobile Service Between 806 and 960 MHz, First
Report and Order and Second Notice of Inquiry
in Docket No. 18262, 19 RR 2d 1663 (1970) (shifting translator
stations 70-83 to channels 69 and below, subject to conditions on their continued operation pending completion of
the shift, except in Puerto Rico).

Federal Communications Commission

DA 11-1838

remove this allocation from these channels. The Commission removed the allocation in 2005.3
Accordingly, this provision, 47 C.F.R. 90.621(h), is without current legal effect and is deleted as
obsolete.
5.
This Order also deletes rule provisions that provided a framework for the relocation of
incumbent site-based licensees in the upper 200 channels of the 800 MHz Band by incoming
geographically-based (EA) licensees. These provisions were a component of the 1995 reconfiguration of
the 800 MHz band from site-based to geographic-based service that has since been completed.
Accordingly, these provisions, 47 C.F.R. 90.699(a)-(c), (e)-(f), are without current legal effect and are
deleted as obsolete.4
6.
The rule amendments adopted in this Order and set forth in the attached Appendix are
ministerial, nonsubstantive, editorial revisions of the rules under 47 C.F.R. 0.231(b) and 0.392(e). The
revisions adopted in this Order merely delete obsolete rule provisions and we find good cause to conclude
that notice and comment procedures are unnecessary and would not serve any useful purpose. See 5
U.S.C. 553(b)(3)(B). Because the rules being deleted are obsolete and without current legal effect, we
also find good cause to make these nonsubstantive, editorial revisions of the rules effective upon
publication in the Federal Register. See 5 U.S.C. 553(d)(3).
7.
Because this Order is being adopted without notice and comment, the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., does not apply.
8.
The rules contained herein have been analyzed with respect to the Paperwork Reduction
Act of 1995 and found to contain no new or modified form, information collection, and/or recordkeeping,
labeling, disclosure, or record retention requirements, and will not increase or decrease burden hours
imposed on the public.5 In addition, therefore, this Order does not contain any new or modified
"information collection burden for small business concerns with fewer than 25 employees," pursuant to
the Small Business Paperwork Relief Act of 2002, Public Law 107-198.6 The Commission will send a
copy of the Order in a report to Congress and the Government Accountability Office pursuant to the
Congressional Review Act.7
9.
For further information, contact Brian Hurley, FCC Public Safety and Homeland Security
Bureau, Policy Division, Room 7-A765, 445 12th Street, S.W., Washington, D.C. 20554, (202) 418-2220,
Brian.Hurley@fcc.gov.
10.
Accordingly,

IT IS ORDERED THAT

, effective upon publication in the Federal
Register, Parts 12 and 90 of the Commission's rules

ARE AMENDED

, as set forth in the attached
Appendix, pursuant to the authority contained in sections 4(i), 5(c) and 303(r) of the Communications
Act, 47 U.S.C. 154(i), 155(c) and 303(r), and sections 0.231(b) and 0.392(e) of the Commission's
regulations, 47 C.F.R. 0.231(b) and 0.392(e).


3 See Amendment of Part 22 of the Commission's Rules To Benefit the Consumers of Air-Ground Telecommunications Services,
Report and Order and Notice of Proposed Rulemaking,
20 FCC Rcd 4403, 4563 165-166 (2005).
4 Because 47 C.F.R. 90.699(d) is cross-referenced in an operative rule section, 47 C.F.R. 90.677, this Order does not delete
that subsection.
5 See Public Law 104-13, 44 U.S.C. 3501, et seq.
6 See 44 U.S.C. 3506(c)(4).
7 See 5 U.S.C. 801(a)(1)(A).
2

Federal Communications Commission

DA 11-1838

11.
IT IS FURTHER ORDERED that the Secretary shall cause a copy of this Order to be
published in the Federal Register.
FEDERAL COMMUNICATIONS COMMISSION
James Arden Barnett, Jr., Rear Admiral (Ret.)
Chief, Public Safety and Homeland Security Bureau
David Robbins
Deputy Managing Director
3

Federal Communications Commission

DA 11-1838

APPENDIX

Revised Rules

Part 12 of Title 47 of the Code of Federal Regulations is amended as follows:
Part 12 -- REDUNDANCY OF COMMUNICATIONS SYSTEMS
1.
The authority citation for Part 12 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 4(o), 5(c), 218, 219, 301, 303(g), 303(j), 303(r), 332, 403, 621(b)(3), and
621(d) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 154(o), 155(c),
218, 219, 301, 303(g), 303(j), 303(r), 332, 403, 621(b)(3), and 621(d), unless otherwise noted.
2.
12.2 [Removed]
Remove 12.2.
Part 90 of Title 47 of the Code of Federal Regulations is amended as follows:
Part 90 -- PRIVATE LAND MOBILE RADIO SERVICES
1.
The authority citation for Part 90 continues to read as follows:
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).
2.
90.621 [Amended]
In 90.621, remove and reserve paragraphs (d) and (h).
3.
90.699 [Amended]
In 90.699, remove and reserve paragraphs (a)-(c) and (e)-(f).
4

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