From FCC Documents and Publications

Summary: In this document, the Commission seeks comments on the development of a technical interoperability framework for the nationwide public safety broadband network. This document considers and proposes additional requirements to further promote and enable nationwide interoperability among public safety broadband networks operating in the 700 MHz band. This document addresses public safety broadband network interoperability from a technological perspective and considers interoperability at various communication layers.

Dates: Submit comments on or before April 11, 2011. Submit reply comments on or before May 10, 2011.

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

• Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
• Agency Web Site: http://www.fcc.gov. Follow the instructions for submitting comments in the Electronic Comment Filing System, http://www.fcc.gov/cgb/ecfs/.
• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail): Address to 9300 East Hampton Drive, Capitol Heights, MD 20743.
• U.S. Postal Service first-class, Express, and Priority mail: Address to FCC Headquarters, 445 12th Street, SW., Washington DC 20554.
• Hand Delivery/Courier: FCC Headquarters at 445 12th St., SW., Room TW-A325, Washington, DC 20554.

For detailed instructions for submitting comments and additional information on the rulemaking process, See the SUPPLEMENTARY INFORMATION of this document.

For Further Information Contact: Jennifer Manner, Federal Communications Commission, Public Safety and Homeland Security Bureau, at (202)-418-3619.

Supplementary Information: In the Fourth Further Notice of Proposed Rulemaking, FCC 11-6, adopted January 25, 2011, and released January 26, 2011, the Commission sought comment on an initial technical framework for public safety broadband network interoperability. The proposed framework would encompass technical rules for the network; public safety roaming on public safety networks; federal use of the network; testing and verification to ensure interoperability; and other matters relevant to ensuring the interoperability of the network. This full text of this document is available at http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0204/FCC-11-6A1.pdf.

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. 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 (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.

People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to [email protected] or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

Procedural Matters
Paperwork Reduction Act

The Fourth Further Notice of Proposed Rulemaking contains proposed information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13.

Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), [1] the Commission has prepared this present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in this Fourth Further Notice of Proposed Rule Making (Fourth Further NPRM). Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments provided herein. The Commission will send a copy of the Fourth Further NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). [2]

A. Need for, and Objectives of, the Proposed Rules
The rules proposed in the Fourth Further NPRM are necessary to ensure the interoperability of 700 MHz public safety broadband networks that are expected to be deployed in the near term. The proposed rules create technical requirements designed to ensure that public safety broadband networks are technically and operationally compatible, so that public safety personnel from various jurisdictions and departments are able to communicate effectively over these networks.

The Fourth Further NPRM proposes changes to part 90 of the rules. Specifically, it proposes to:

(1) Develop a regulatory and operational framework for roaming from one public safety broadband network to another.
(2) Require that public safety broadband networks meet certain technical requirements designed to ensure that networks are technically interoperable or compatible.
(3) Require that public safety broadband networks meet additional requirements designed to ensure that networks achieve a baseline of operability necessary to support interoperable communications.
(4) Require public safety broadband network operators to complete testing for equipment and user devices operated on their networks to ensure conformance with relevant technical standards and ensure interoperability between networks.
(5) Make additional minor edits to part 90.

B. Legal Basis
The proposed action is authorized under sections 1, 2, 4(i), 5(c), 7, 10, 201, 202, 208, 214, 301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332, 333, 336, 337, 614, 615, and 710 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 155(c), 157, 160, 201, 202, 208, 214, 301, 302, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 332, 333, 336, 337, 614, 615 and 710.

C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. [3] The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” [4] In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. [5] A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the SBA. [6]

The proposed requirements of the Fourth Further NPRM would apply to public safety entities granted authority from the Commission to pursue deployment of public safety broadband networks within their jurisdictions.

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

Notice of proposed rulemaking.
CFR Part: “47 CFR Part 90”
Citation: “76 FR 10295”
Document Number: “PS Docket No. 06-229; WT Docket 06-150; WP Docket 07-100; FCC 11-6”
Federal Register Page Number: “10295”
“Proposed Rules”

Footnotes

1. See 5 U.S.C. 603. The RFA, See 5 U.S.C. 601 et seq., has been amended by the Contract With America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
2. See 5 U.S.C. 603(a).
3. 5 U.S.C. 603(b)(3). 
4. 5 U.S.C. 601(6).
5. 5 U.S.C. 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. 632). Pursuant to the RFA, the statutory definition of a small business applies “unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register .” 5 U.S.C. 601(3).
6 Small Business Act, 15 U.S.C. 632 (1996).

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