FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 6,580
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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).'3 The Spectrum Act also establishes a Public Safety Trust Fund, with $7 billion
available for buildout of the new network.'4 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.
II. FOURTH REPORT AND ORDER
6. In this Fourth Report and Order, we adopt rule changes to three aspects of the technical
provisions of Part 90 of the Commission's rules pertaining to public safety operations. All of these
changes are designed to correct typographical or other ministerial errors in these provisions. First, we
reinstate a rule provision, formerly codified at Section 90.175(j( 17) of the Commission's rules but
inadvertently deleted in 2004, that exempted 4.9 GHz band applicants from certified frequency
coordination. Next, we correct the bandwidth of Channel 14 in the 4.9 GHz band plan from five
megahertz to one megahertz, and amend the band plan to list the center frequencies for each channel
aggregation permitted in the rules. Finally, we correct minor errors in the Public Safety Pool Frequency
Table and associated list of limitations. These changes will improve spectrum efficiency and clarify
provisions of the rules so as to encourage greater use of the 4.9 GHz band. Their costs are negligible,
because they would impose no apparent investment or expenditure requirements on any affected entities
to achieve compliance.
A. 4.9 GHz General Exemption from Certified Frequency Coordination
7. In the Further Notice, the Commission sought comment on its proposal to amend Section
90.175(j) of the Commission's rules'5 to restore an exemption for applications for 4.9 GHz band
frequencies from certified frequency coordination requirements.'6 The rationale for this exemption had
been that all of these frequencies are subject to shared use and thus already require cooperation and
coordination under the Commission's rules.'7 The Commission tentatively concluded that an unrelated
rulemaking had overwritten this exemption in 2004 by ministerial error.'R
13 Spectrum Act 6201, 6204. NTIA has not yet established FirstNet as of the release of this Fourth Report and
Order and Fifth Further Notice.
14 Id. 6413(b)3).
s5 47 C.F.R. 90.175(j).
16 See Further Notice, 24 FCC Red at 4317 43. The exemption appeared under 47 C.F.R. 90.175(j)(17) (2003).
In 2004, the Commission revised Section 90.175 by removing subparagraph (j)(13) and redesignating subparagraphs
(j)(14) through (17) as (j)(13) through (16). See 69 Fed. Reg. 39,867 (July 1, 2004). The 4.9 GHz exemption
appeared under 47 C.F.R. 90.175(j)(16) as a result.
17 See Further Notice, 24 FCC Red at 4315 41. See also 47 C.F.R. 90.1209(b).
18 See Further Notice, 24 FCC Red at 4316 42. The Commission found that Federal Register publication of a
Report and Order on the Dedicated Short-Range Communications Services had inadvertently overwritten the 4.9
GHz exemption in Section 90.1750(j)(16). See Amendment of the Commission's Rules Regarding Dedicated Short-
Range Communication Services in the 5.850-5.925 GHz Band (5.9 GHz Band), Amendment of Parts 2 and 90 of the
Commission's Rules to Allocate the 5.850-5.925 GHz Band to the Mobile Service for Dedicated Short Range
Communications of Intelligent Transportation Services, Report and Order, WT Docket No. 01-90, ET Docket No.
98-95, 19 FCC Red 2458, Appendix A, 2503 8 (2003); 69 Fed. Reg. 46,438 (Aug. 3, 2004).6580
Federal Communications Commission
FCC 12-61
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc111171/m1/923/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.