SUMMARY: The Commission allocated the 4940-4990 MHz (4.9 GHz) band in 2002 for fixed and mobile use and dedicated the band for public safety broadband communications. In the ten years since, the band has gone underutilized. The purpose of these proposed rules is to invigorate and maximize use of the 4.9 GHz band and attract more users while improving spectrum efficiency. The Commission seeks comment on formal coordination requirements, expanded eligibility, how the band can complement the 700 MHz public safety broadband network, technical rule changes, aeronautical mobile operations, interoperability standards, and deployment reporting.

EFFECTIVE DATE: Submit comments on or before October 1, 2012. Submit reply comments October 30, 2012.

ADDRESSES: You may submit comments, identified by WP Docket No. 07-100, PS Docket No. 06-229, WT Docket No. 06-150, by any of the following methods:

* Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

* Federal Communications Commission’s Web Site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

* Mail: U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

* Hand or Messenger Delivery: 445 12th St. SW., Room TW-A325, Washington, DC 20554.

* People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments, additional information on the rulemaking process, and where to find materials available for inspection, see the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Thomas Eng, Policy and Licensing Division, Public Safety and Homeland Security Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, at (202) 418-0019, TTY (202) 418-7233, or via email at Thomas.Eng@fcc.gov

SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Fifth Further Notice of Proposed Rulemaking in WP Docket No. 07-100; PS Docket No. 06-229; WT Docket No. 06-150; adopted and released on June 13, 2012. The complete text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., in person at 445 12th Street SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-5300, via facsimile at (202) 488-5563, or via email at FCC@BCPIWEB.com Alternative formats (computer diskette, large print, audio cassette, and Braille) are available to persons with disabilities or by sending an email to FCC504@fcc.gov or calling the Consumer and Governmental Affairs Bureau at (202) 418-0530, TTY (202) 418-0432. This document is also available on the Commission’s Web site at http://www.fcc.gov.

Comments

Pursuant to SUBSEC 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments. Comments may be filed using: (1) The Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1 (1998).

* Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/ or the Federal eRulemaking Portal: http://www.regulations.gov.

* Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.

* Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.

* All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.

* Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

* U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554.

Introduction and Background

In this Fifth Further Notice of Proposed Rulemaking (Fifth Further Notice), we seek comment on specific proposals designed to establish appropriate frequency coordination procedures for public safety operations in the 4940-4990 MHz (4.9 GHz) and to encourage improved spectrum efficiency and greater use of the 4.9 GHz band. These steps are part of our continuing effort to provide clear and concise rules that facilitate and promote the deployment of new wireless technologies, devices and services. In addition, given directives in the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”) to develop a nationwide interoperable public safety broadband network, we invite comment on how the 4.9 GHz band can best be used to complement this network.

In April 2009, the Commission released the Report and Order and Further Notice of Proposed Rulemaking (Report and Order and Further Notice, respectively) to “encourag[e] public safety users to more fully utilize the 4.9 GHz band” for broadband communications. In the Further Notice, the Commission proposed, among other things, to require that applicants for 4.9 GHz primary permanent fixed stations complete the formalized licensee-to-licensee coordination process established in part 101 for fixed microwave stations.

The Commission received five comments and two reply comments in response to the Further Notice. The commenters raised questions about the proposed licensee-to-licensee coordination process, for which a majority of commenters proposed database and registration approaches as alternatives. In order to permit further comment on proposals for coordination, we further explore 4.9 GHz coordination in the Fifth Further Notice. The Fifth Further Notice also seeks additional comment on the information we received at the February 25, 2011, 4.9 GHz Workshop hosted by the Commission on several issues, including not only coordination but also eligibility, licensing, band plan, power and antenna gain, aeronautical mobile use, and standards.

We also seek further comment on how public safety use of the 4.9 GHz band can best promote the long-established goal of establishing a nationwide public safety broadband network operating in the 700 MHz band. As we observed in the Fourth Further Notice of Proposed Rulemaking (Fourth FNPRM) in this proceeding, while the 700 MHz band contemplated for this network is allocated for mobile use, public safety broadband networks also have a critical need for fixed uses, such as for surveillance and backhaul capacity, and that public safety entities are currently using the 4.9 GHz band for such uses. Accordingly, the Commission sought comment on several 4.9 GHz issues, including how 4.9 GHz band networks could complement 700 MHz public safety broadband networks.

The Spectrum Act, enacted on February 22, 2012, has provided the road map for deployment of the nationwide interoperable public safety broadband network contemplated by the Commission in the Fourth FNPRM. Section 6101 of the Spectrum Act directs the Commission to reallocate the 700 MHz “D Block” (758-763 MHz/788-793 MHz) for public safety services. Section 6201 of the Act requires the Commission to assign a license for both the D Block and the existing public safety broadband spectrum (763-769 MHz/793-799 MHz) to the First Responder Network Authority (FirstNet), an independent authority within the National Telecommunications and Information Administration (NTIA). The Spectrum Act also establishes a Public Safety Trust Fund, with $7 billion available for buildout of the new network. The Fifth Further Notice seeks comment about how the new statutory framework for the public safety broadband network should affect public safety operations in the 4.9 GHz band, and whether FirstNet is or should be eligible for a 4.9 GHz band license.

Fifth Further Notice of Proposed Rulemaking

In 2002, when the Commission allocated the 4.9 GHz band for fixed and mobile services in support of public safety, it envisioned that the band would support new broadband applications such as high-speed digital technologies and wireless local area networks (WLANs) for incident scene management, dispatch operations, and vehicular/personal communications. This allocation responded to new national priorities focusing on homeland security, and was designed “to transition to an environment in which the public safety community enjoys maximum access to emerging broadband technologies.” The Commission’s allocation gained extensive support by first responders, the National Public Safety Telecommunications Council (NPSTC), and others asserting that the public safety community was in great need of additional spectrum to meet their critical operations needs, and that the 4.9 GHz band was ideal for these emerging broadband technologies.

–This is a summary of a Federal Register article originally published on the page number listed below–

Proposed rule.

CFR Part: “47 CFR Parts 2 and 90”

Citation: “77 FR 45558”

Document Number: “WP Docket No. 07-100; PS Docket No. 06-229; WT Docket No. 06-150; FCC 12-61”

Federal Register Page Number: “45558”

“Proposed Rules”

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