Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Procedures for Commission Review of State Opt- Out Requests from the FirstNet Radio Access Network – PS Docket No. 16-269
Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 – PS Docket No. 12-94
Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band – PS Docket No. 06-229
Service Rules for the 698-746, 747-762 and 777-792 MHz Bands – WT Docket No. 06-150
REPORT AND ORDER AND NOTICE OF PROPOSED RULEMAKING
Adopted: August 24, 2016 Released: August 26, 2016
Comment Date: [30 days after publication in Federal Register]
Reply Comment Date: [60 days after publication in Federal Register]
By the Commission: Commissioner Pai issuing a statement.
TABLE OF CONTENTS
Heading Paragraph #
I. INTRODUCTION…………………………………………………………………………………………………………………. 1
II. REPORT AND ORDER…………………………………………………………………………………………………………. 3
A. General Background ………………………………………………………………………………………………………… 3
B. Incumbent Relocation ………………………………………………………………………………………………………. 7
1. Narrowband Incumbents …………………………………………………………………………………………….. 7
2. Other Incumbents …………………………………………………………………………………………………….. 31
C. FirstNet License Renewal and Buildout Requirements ……………………………………………………….. 35
III. NOTICE OF PROPOSED RULEMAKING ……………………………………………………………………………. 46
A. Opt-Out Procedures………………………………………………………………………………………………………… 47
B. Evaluation Criteria …………………………………………………………………………………………………………. 56
C. Content and Review of State Plan Elements………………………………………………………………………. 66
1. Compliance with the Recommendations of the Interoperability Board ……………………………. 68
2. Interoperability with the NPSBN …………………………………………………………………………………. 1
3. Compliance demonstration (“Showing”)……………………………………………………………………… 71
D. Documentation of Commission Decisions…………………………………………………………………………. 73
IV. PROCEDURAL MATTERS…………………………………………………………………………………………………. 74
A. Ex Parte Rules – Permit-But-Disclose………………………………………………………………………………. 74
B. Comment Period and Procedures……………………………………………………………………………………… 75
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C. Regulatory Flexibility Analysis ……………………………………………………………………………………….. 76
D. Paperwork Reduction Act ……………………………………………………………………………………………….. 78
E. Congressional Review Act………………………………………………………………………………………………. 80
F. Further Information………………………………………………………………………………………………………… 81
V. ORDERING CLAUSES……………………………………………………………………………………………………….. 82
APPENDIX A – PROPOSED RULES
APPENDIX B – OPT-OUT TECHNICAL INTEROPERABILITY REQUIREMENTS BASED ON THE
BOARD DOCUMENT
APPENDIX C – INITIAL REGULATORY FLEXIBILITY ANALYSIS
APPENDIX D – FINAL REGULATORY FLEXIBILITY ANALYSIS
I. INTRODUCTION
1. This Report and Order and Notice of Proposed Rulemaking 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 2012.1
The Report and Order adopts rules intended to resolve the remaining questions posed in the 2013 Notice
of Proposed Rulemaking in these dockets.2 As specified herein, we provide a mechanism to facilitate the
relocation of the public safety narrowband incumbents currently operating on FirstNet’s spectrum. We
also affirmatively decline at this time to impose specific build-out requirements on FirstNet as a condition
of renewal of its license. Rather, we find that the build-out obligations and specifications of the Act,
coupled with the specifications of FirstNet’s recently released Request for Proposal (Final RFP),3 provide
adequate milestones to ensure rural coverage while also providing both FirstNet and the states flexibility
in terms of planning for optimal network coverage. We will continue to monitor FirstNet’s buildout
progress against these milestones, and expect that existing reporting obligations will be sufficient to allow
the Commission to carry out its license renewal responsibilities.
2. In the Notice of Proposed Rulemaking, we open a new proceeding to seek comment on
proposed procedures for administering the state opt-out process as provided under the Public Safety
Spectrum Act, as well as on our implementation of the specific statutory standards by which the
Commission is obligated to evaluate state opt-out applications.
II. REPORT AND ORDER
A. General Background
3. The Public Safety Spectrum Act provides for the deployment of a nationwide public
safety broadband network (NPSBN) in the 700 MHz band.4 The Act established FirstNet as an
independent authority within the National Telecommunications and Information Administration (NTIA),5
1 See Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156 §§ 6001-6303, 6413
(codified at 47 U.S.C. §§ 1401-1443, 1457) (“Public Safety Spectrum Act” or “Act”)
2 See Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of
2012 et al., PS Docket 12-94 et al., Notice of Proposed Rulemaking, 28 FCC Rcd 2715 (2013) (2013 Notice).
3 The FirstNet Board released a Final RFP on January 13, 2016, detailing the construction, operation, maintenance
and improvement of the nationwide public safety broadband network (NPSBN) for local, state, regional, tribal and
federal first responders. Section C – Nationwide Public Safety Broadband Network (NPSBN) Solicitation Number:
D15PS00295E (Jan. 13, 2016) (Final RFP).
https://www.fbo.gov/index?s=opportunity&mode=form&tab=core&id=7806696f4340f16474647ccc57805040&_cvi
ew=0.
4 See generally Public Safety Spectrum Act, Pub. L. No. 112-96 § 6001 et. seq.
5 Id., § 6204(a).
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and required the Commission to grant a license to FirstNet for the 758-769/788-799 MHz band.6 The Act
charges FirstNet with responsibility for establishing and overseeing “a nationwide, interoperable public
safety broadband network”7 operated in this spectrum by taking “all actions necessary to ensure the
building, deployment, and operation of the . . . network, in consultation with Federal, State, tribal, and
local public safety entities, the Director of NIST, the Commission, and the public safety advisory
committee [that section 6205 of the Act requires FirstNet to establish].”8 Among its more specific duties,
FirstNet is responsible for issuing requests for proposals and entering into contracts for the construction,
operation and management of the network on a nationwide basis, using funds allocated for these purposes
under the Act.9
4. In the 2013 Notice, the Commission sought comment on implementation of certain
provisions of the Public Safety Spectrum Act, including how to relocate incumbents operating on the
spectrum licensed to FirstNet, and how to address FirstNet’s renewal expectations, including whether
FirstNet should be subject to Commission-initiated build-out requirements.10 With respect to the
incumbent relocation issue, the 2013 Notice identified three classes of incumbents that occupied portions
of the FirstNet spectrum: (1) jurisdictions operating narrowband systems that predate the Commission’s
2007 Second Report and Order, some of which had received waivers for continued deployment; (2) two
jurisdictions operating wideband systems, and (3) one commercial incumbent in the D Block spectrum.11
The Commission sought comment on the appropriate mechanism to transition these operators out of the
public safety broadband segment of the band and on a timeframe by which such a transition should be
accomplished.12
5. With respect to renewal of FirstNet’s license, the Public Safety Spectrum Act empowers
the Commission to renew FirstNet’s license after its initial ten-year term.13 Prior to the expiration of this
term or the expiration of any subsequent renewal of the license, FirstNet is required to submit a renewal
application to the Commission that demonstrates that it has met its duties and obligations as set forth in
the Act.14 The Act, however, does not provide guidance to the Commission on how to evaluate whether
FirstNet has met its duties and obligations. Therefore, in the 2013 Notice, the Commission sought
comment on how it should assess FirstNet’s compliance with its duties and obligations and the terms of
its license at the time of renewal.15
6. In the 2013 Notice, the Commission also noted that one of FirstNet’s obligations under
the Act includes “deployment phases with substantial rural coverage milestones” that are “consistent with
the license granted” by the Commission.16 The Commission proposed to decline to specify rural
6 Id. §§ 6101(a), 6201(a), 6204(a).
7 Id. § 6202(a). See generally id. § 6206 (setting out FirstNet’s powers, duties and responsibilities).
8 Id. § 6206(b).
9 Id. § 6206.
10 2013 Notice, 28 FCC Rcd at 2729-33, para. 48-59.
11 Id., para 47.
12 2013 Notice, 28 FCC Rcd at 2731-33, para. 52-59.
13 Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012 et
al., PS Docket 12-94 et al., Report and Order, 27 FCC Rcd 10953 (2012). On November 15, 2012, the Commission
issued FirstNet a ten-year license under Call Sign WQQE234.
14 Public Safety Spectrum Act, Pub. L. No. 112-96 § 6201(b)(2).
15 2013 Notice, 28 FCC Rcd at 2728-29.
16 2013 Notice, 28 FCC Rcd at 2728-29, para.46. See Public Safety Spectrum Act, Pub. L. No. 112-96 §§
6201(b)(2), 6206(b)(3).