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29 November 2006
[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Rules and Regulations]
[Page 69034-69039]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no06-9]
[[Page 69034]]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 4, 11, 22, 64, 90, and 97
[FCC 06-35]
Establishment of the Public Safety and Homeland Security Bureau
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 17, 2006, the Commission adopted an Order revising
its rules to establish the Public Safety and Homeland Security Bureau.
By establishing this bureau the Commission believes it will be better
able to address and promote public safety and homeland security.
DATES: Effective September 25, 2006.
FOR FURTHER INFORMATION CONTACT: Timothy Peterson, Public Safety and
Homeland Security Bureau, at 202-418-1575, or via the Internet at
timothy.peterson@fcc.gov.
SUPPLEMENTARY INFORMATION: To promote a more efficient, effective and
responsive organizational structure and to better promote and address
public safety, homeland security, national security, emergency
management and preparedness, disaster management, and related issues,
the Commission has concluded that the proper dispatch of its business
and the public interest will be served by creating a Public Safety and
Homeland Security Bureau. In this Order, we amend the Commission's
Rules to reflect the new structure, describe the new Bureau's functions
and delegated authority, and make other conforming changes.
Authority for the adoption of the foregoing revisions is contained
in Sections 1, 4(i), 4(j), 5(b), 5(c), and 303(r) of the Communications
Act of 1934, as amended, 47 U.S.C. Sec. 151, 154(i), 154(j), 155(b),
155(c), and 303(r).
The amendments adopted herein pertain to agency organization,
procedure and practice. Consequently, the notice and comment provisions
of the Administrative Procedure Act contained in 5 U.S.C. 553(b) are
inapplicable.
Accordingly, it is ordered that Parts 0, 4, 11, 22, 64, 90, and 97
of the Commission Rules, set forth in Title 47 of the Code of Federal
Regulations, are amended as set forth in the Appendix attached to this
Order, to be effective upon release of this Order.
List of Subjects
47 CFR Part 0
Organization and functions (Government agencies), Reporting and
recordkeeping requirements.
47 CFR Part 4
Communications common carrier, Reporting and recordkeeping
requirements, Telecommunications.
47 CFR Part 11
Radio, Television.
47 CFR Part 22
Communications common carriers, Communications equipment, Radio,
Reporting and recordkeeping requirements.
47 CFR Part 64
Civil defense, Communications common carriers, Reporting and
recordkeeping requirements, Telecommunications, Telephone.
47 CFR Part 90
Business and industry, Common carriers, Communications equipment,
Radio, Reporting and recordkeeping requirements.
47 CFR Part 97
Civil defense, Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
0
For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR parts 0, 4, 11, 22, 64, 90, and 97 as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Section 0.5 is amended by adding paragraph (a)(17) to read as
follows:
Sec. 0.5 General description of Commission organization and
operations.
(a) * * *
(17) Public Safety and Homeland Security Bureau.
* * * * *
Sec. 0.11 [Amended]
0
3. Section 0.11 is amended by removing paragraph (a)(11).
0
4. Section 0.31 is amended by revising paragraph (d) to read as
follows:
Sec. 0.31 Functions of the Office.
* * * * *
(d) To advise the Commission concerning engineering matters,
including (in consultation with the Public Safety and Homeland Security
Bureau where appropriate) privacy and security of communications,
involved in making or implementing policy or in resolving specific
cases.
* * * * *
0
5. Section 0.51 is amended by adding paragraph (s) to read as follows:
Sec. 0.51 Functions of the Bureau.
* * * * *
(s) To coordinate with the Public Safety and Homeland Security
Bureau on all matters affecting public safety, homeland security,
national security, emergency management, disaster management, and
related issues.
0
6. Section 0.61 is amended by adding paragraph (l) to read as follows:
Sec. 0.61 Functions of the Bureau.
* * * * *
(l) To coordinate with the Public Safety and Homeland Security
Bureau on all matters affecting public safety, homeland security,
national security, emergency management, disaster management, and
related issues.
0
7. Section 0.91 is amended by adding paragraph (o) to read as follows:
Sec. 0.91 Functions of the Bureau.
* * * * *
(o) Coordinate with the Public Safety and Homeland Security Bureau
on all matters affecting public safety, homeland security, national
security, emergency management, disaster management, and related
issues.
0
8. Amend Sec. 0.111 as follows:
0
a. Revise paragraph (a)(22);
0
b. Remove paragraphs (c), (f), and (h) and redesignate paragraphs (d),
(e), (g), and (i) through (l) as (c) through (i).
0
c. Revise newly redesignated paragraph (g); The revisions read as
follows:
Sec. 0.111 Functions of the Bureau.
(a) * * *
(22) Advise the Commission or responsible Bureau or Office
regarding the enforcement implications of existing and proposed rules.
* * * * *
(g) Handle congressional and other correspondence relating to or
requesting specific enforcement actions, specific complaints or other
specific matters within the responsibility of the Bureau, to the extent
not otherwise handled by the Consumer and Governmental Affairs
[[Page 69035]]
Bureau, the Office of General Counsel (impermissible ex parte
presentations) or another Bureau or Office;
* * * * *
0
9. Section 0.131 is amended by adding paragraph (q) to read as follows:
Sec. 0.131 Functions of the Bureau.
* * * * *
(q) Coordinates with the Public Safety and Homeland Security Bureau
on all matters affecting public safety, homeland security, national
security, emergency management, disaster management, and related
issues.
0
10. Section 0.181 is amended by revising paragraphs (b) and (f) and
adding paragraph (j) to read as follows:
Sec. 0.181 The Defense Commissioner.
* * * * *
(b) To represent the Commission in public safety, homeland
security, national security, emergency preparedness, disaster
management, defense and related matters requiring conferences or
communications with other governmental officers, departments, or
agencies.
* * * * *
(f) To take such measures as will assure continuity of the
Commission's functions under any foreseeable circumstances with a
minimum of interruption. In the event of an emergency, the Defense
Commissioner, in consultation with the Chief, Public Safety and
Homeland Security Bureau, will decide whether to activate the
Commission's Continuity of Operations (COOP) plan and/or initiate the
Commission's emergency response procedures.
* * * * *
(j) The Commission may designate an Alternate Defense Commissioner
who is authorized to perform the functions of the Defense Commissioner
if he or she is not available.
Sec. 0.182 [Removed]
0
11. Section 0.182 is removed.
0
12. Section 0.185 is amended by revising the introductory paragraph and
paragraphs (a), (b), (d), and (e) to read as follows:
Sec. 0.185 Responsibilities of the bureaus and staff offices.
The head of each of the bureaus and staff offices, in rendering
assistance to the Chief, Public Safety and Homeland Security Bureau in
the performance of that person's duties with respect to homeland
security, national security, emergency management and preparedness,
disaster management, defense, and related activities will have the
following duties and responsibilities:
(a) To keep the Chief, Public Safety and Homeland Security Bureau
informed of the investigation, progress, and completion of programs,
plans, or activities with respect to homeland security, national
security and emergency preparedness, and defense in which they are
engaged or have been requested to engage.
(b) To render assistance and advice to the Chief, Public Safety and
Homeland Security Bureau, on matters which relate to the functions of
their respective bureaus or staff offices.
* * * * *
(d) To perform such other duties related to the Commission's
homeland security, national security, emergency management and
preparedness, disaster management, defense, and related activities as
may be assigned to them by the Commission.
(e) To serve as Public Safety/Homeland Security Liaison to the
Public Safety and Homeland Security Bureau or designate a Deputy Chief
of the Bureau or Office as such liaison.
0
13. Part 0, Subpart A, is amended by adding an undesignated center
heading and Sec. 0.191 to read as follows:
Public Safety and Homeland Security Bureau
Sec. 0.191 Functions of the Bureau.
The Public Safety and Homeland Security Bureau advises and makes
recommendations to the Commission, or acts for the Commission under
delegated authority, in all matters pertaining to public safety,
homeland security, national security, emergency management and
preparedness, disaster management, and ancillary operations. The Bureau
has responsibility for coordinating public safety, homeland security,
national security, emergency management and preparedness, disaster
management, and related activities within the Commission. The Bureau
also performs the following functions.
(a) Develops, recommends, and administers policy goals, objectives,
rules, regulations, programs and plans for the Commission to promote
effective and reliable communications for public safety, homeland
security, national security, emergency management and preparedness,
disaster management and related activities, including public safety
communications (including 911, enhanced 911, and other emergency number
issues), priority emergency communications, alert and warning systems
(including the Emergency Alert System), continuity of government
operations, implementation of Homeland Security Presidential Directives
and Orders, disaster management coordination and outreach,
communications infrastructure protection, reliability, operability and
interoperability of networks and communications systems, the
Communications Assistance for Law Enforcement Act (CALEA), and network
security. Recommends policies and procedures for public safety,
homeland security, national security, emergency management and
preparedness, and recommends national emergency plans and preparedness
programs covering Commission functions during national emergency
conditions. Conducts outreach and coordination activities with, among
others, state and local governmental agencies, hospitals and other
emergency health care providers, and public safety organizations.
Recommends national emergency plans, policies, and preparedness
programs covering the provision of service by communications service
providers, including telecommunications service providers, information
service providers, common carriers, and non-common carriers;
broadcasting and cable facilities; satellite and wireless radio
services; radio frequency assignment; electro-magnetic radiation;
investigation and enforcement.
(b) Under the general direction of the Defense Commissioner,
coordinates the public safety, homeland security, national security,
emergency management and preparedness, disaster management, and related
activities of the Commission, including national security and emergency
preparedness and defense mobilization, Continuity of Government (COG)
planning, alert and warning systems (including the Emergency Alert
System), and other functions as may be delegated during a national
emergency or activation of the President's war emergency powers as
specified in section 706 of the Communications Act. Provides support to
the Defense Commissioner, including with respect to his or her
participation in the Joint Telecommunications Resources Board, and the
National Security Telecommunications Advisory Committee and other
public safety and homeland security organizations and committees.
Represents the Defense Commissioner with other Government agencies and
organizations, the communications industry, and Commission licensees on
public safety, homeland security, national security, emergency
management and preparedness, disaster management, and related issues.
Keeps the Defense Commissioner informed as to significant
[[Page 69036]]
developments in the fields of public safety, homeland security,
national security, emergency management, and disaster management
activities, and related areas.
(c) Develops and administers rules, regulations, and policies for
priority emergency communications, including the Telecommunications
Service Priority System. Supports the Chiefs of the Wireline
Competition, International and Wireless Telecommunications Bureaus on
matters involving assignment of Telecommunications Service Priority
System priorities and in administration of that system.
(d) The Chief, Public Safety and Homeland Security Bureau, or that
person's designee, acts as FCC Alternate Homeland Security and Defense
Coordinator and principal to the National Communications System, and
the Chief, Public Safety and Homeland Security Bureau, or that person's
designee, shall serve as the Commission's representative on National
Communications Systems Committees.
(e) Conducts rulemaking proceedings and acts on requests for
interpretation or waiver of rules.
(f) Advises and makes recommendations to the Commission, or acts
for the Commission under delegated authority, in all matters pertaining
to the licensing and regulation of public safety, homeland security,
national security, emergency management and preparedness, and disaster
management wireless telecommunications, including ancillary operations
related to the provision or use of such services. These activities
include: policy development and coordination; conducting rulemaking and
adjudicatory proceedings, including complaint proceedings for matters
not within the responsibility of the Enforcement Bureau; acting on
waivers of rules; acting on applications for service and facility
authorizations; compliance and enforcement activities for matters not
within the responsibility of the Enforcement Bureau; determining
resource impacts of existing, planned or recommended Commission
activities concerning wireless telecommunications, and developing and
recommending resource deployment priorities. In addition, advises and
assists public safety entities on wireless telecommunications issues
and matters related thereto. Administers all authority previously
delegated to the Wireless Telecommunications Bureau (including those
delegations expressly provided to the Public Safety and Critical
Infrastructure Division of the Wireless Telecommunications Bureau) in
Improving Public Safety Communications in the 800 MHz Band, WT Docket
02-55.
(g) Conducts studies of public safety, homeland security, national
security, emergency management and preparedness, disaster management,
and related issues. Develops and administers recordkeeping and
reporting requirements for communications companies pertaining to these
issues. Administers any Commission information collection requirements
pertaining to public safety, homeland security, national security,
emergency management and preparedness, disaster management, and related
issues.
(h) Interacts with the public, local, state, and other governmental
agencies and industry groups (including advisory committees and public
safety organizations and associations) on public safety, homeland
security, national security, emergency management, disaster management
and related issues. As requested, represents the Commission at meetings
and conferences. Serves as the point of contact for the U.S. Government
in matters of international monitoring, fixed and mobile direction-
finding and interference resolution; and oversees coordination of non-
routine communications and materials between the Commission and
international or regional public organizations or foreign
administrations.
(i) Maintains and operates the Commission's public safety, homeland
security, national security, emergency management and preparedness, and
disaster management facilities and operations, including the
Communications Center, the establishment of any Emergency Operations
Center (EOC), and any liaison activities with other federal, state, or
local government organizations.
(j) Reviews and coordinates orders, programs and actions initiated
by other Bureaus and Offices in matters affecting public safety,
homeland security, national security, emergency management and
preparedness, disaster management and related issues to ensure
consistency with overall Commission policy. Provides advice to the
Commission and other Bureaus and offices regarding the public safety,
homeland security, national security, emergency management, and
disaster management implications of existing and proposed rules.
(k) Develops and recommends responses to legislative, regulatory or
judicial inquiries and proposals concerning or affecting public safety,
homeland security, national security, emergency management, disaster
management and related issues. Responses to judicial inquiries should
be developed with and recommended to the Office of General Counsel.
(l) Develops and maintains the Commission's plans and procedures,
including the oversight, preparation, and training of Commission
personnel, for Continuity of Operations (COOP), Continuity of
Government functions, and Commission activities and responses to
national emergencies and other similar situations.
(m) Acts on emergency requests for Special Temporary Authority
during non-business hours when the other Offices and Bureaus of the
Commission are closed. Such actions shall be coordinated with, if
possible, and promptly reported to the responsible Bureau or Office.
(n) Maintains liaison with other Bureaus and Offices concerning
matters affecting public safety, homeland security, national security,
emergency management and preparedness, disaster management and related
issues.
(o) Is authorized to declare that a temporary state of
communications emergency exists pursuant to Sec. 97.401(b) of this
chapter and to act on behalf of the Commission with respect to the
operation of amateur stations during such temporary state of
communications emergency.
(p) Performs such other functions and duties as may be assigned or
referred to it by the Commission or the Defense Commissioner.
Sec. 0.284 [Amended]
0
14. Section 0.284 is amended by removing paragraphs (a)(3) and (a)(7),
and redesignating paragraphs (a)(4) through (a)(6) as paragraphs (a)(3)
through (a)(5).
Sec. 0.311 [Amended]
0
15. Section 0.311 is amended by removing paragraph (c) and the note to
paragraph (c).
0
16. Section 0.314 is amended by revising paragraph (c) to read as
follows:
Sec. 0.314 Additional authority delegated.
* * * * *
(c) To act on and make determinations on behalf of the Commission
regarding requests for assignments and reassignments of priorities
under the Telecommunications Service Priority System, part 64 of the
rules, when circumstances require immediate action and the common
carrier seeking to provide service states that it cannot contact the
National Communications System or the Commission office normally
responsible for such assignments. To the extent possible, all
[[Page 69037]]
such actions and determinations shall be made in coordination with the
Public Safety and Homeland Security Bureau.
* * * * *
0
17. Section 0.332 is amended by revising paragraph (c) to read as
follows:
Sec. 0.332 Actions taken under delegated authority.
* * * * *
(c) Matters involving public safety, homeland security, national
security, emergency management and preparedness, and disaster
management communications--the Public Safety and Homeland Security
Bureau.
* * * * *
0
18. Section 0.387 is revised to read as follows:
Sec. 0.387 Other national security and emergency preparedness
delegations; cross reference.
For authority of the Chief of the Public Safety and Homeland
Security Bureau to declare a temporary communications emergency, see
Sec. 0.191(o).
0
19. Part 0 is amended by adding an undesignated center heading and
Sec. 0.392 to read as follows:
Public Safety and Homeland Security Bureau
Sec. 0.392 Authority delegated.
The Chief, Public Safety and Homeland Security Bureau, is hereby
delegated authority to perform all functions of the Bureau, described
in Sec. 0.191, subject to the following exceptions and limitations in
paragraphs (a) through (e) of this section.
(a) The Chief, Public Safety and Homeland Security Bureau shall not
have authority to act on any applications or requests that present
novel questions of fact, law or policy that cannot be resolved under
outstanding precedents and guidelines.
(b) The Public Safety and Homeland Security Bureau shall not have
authority to act upon any applications for review of actions taken by
the Chief, Public Safety and Homeland Security Bureau, pursuant to any
delegated authority.
(c) The Public Safety and Homeland Security Bureau shall not have
authority to act upon any formal or informal radio application or
section 214 application for common carrier services which is in hearing
status.
(d) The Public Safety and Homeland Security Bureau shall not have
authority to impose, reduce, or cancel forfeitures pursuant to section
203 or section 503(b) of the Communications Act of 1934, as amended, in
amounts of more than $80,000 for common carrier providers and $20,000
for non-common carrier providers.
(e) The Chief, Public Safety and Homeland Security Bureau shall not
have authority to issue notices of proposed rulemaking, notices of
inquiry, or reports or orders arising from either of the foregoing.
(f) The Chief, Public Safety and Homeland Security Bureau or her/
his designee has the authority to rule on emergency requests for
Special Temporary Authority during non-business hours. Action on
emergency requests for Special Temporary Authority during non-business
hours shall be promptly reported to the responsible Bureau or Office.
(g) The Chief, Public Safety and Homeland Security Bureau is
authorized to declare that a temporary state of communications
emergency exists pursuant to Sec. 97.401(b) of this chapter and to act
on behalf of the Commission with respect to the operation of amateur
stations during such temporary state of communications emergency.
(h) The Chief, Public Safety and Homeland Security Bureau or her/
his designee is authorized to issue non-hearing related subpoenas for
the attendance and testimony of witnesses and the production of books,
papers, correspondence, memoranda, schedules of charges, contracts,
agreements, and any other records deemed relevant to the investigation
of matters within the jurisdiction of the Public Safety and Homeland
Security Bureau. Before issuing a subpoena, the Bureau shall obtain the
approval of the Office of General Counsel.
PART 4--DISRUPTIONS TO COMMUNICATIONS
0
20. The authority citation for part 4 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 154(o), 218, 219, 230,
256, 301, 302(a), 303(f), 303(g), 303(j), 303(r), 403, 621(b)(3),
and 621(d), unless otherwise noted.
0
21. Section 4.11 is revised to read as follows:
Sec. 4.11 Notification and initial and final communications outage
reports that must be filed by communications providers.
Notification and Initial and Final Communications Outage Reports
shall be submitted by a person authorized by the communications
provider to submit such reports to the Commission. The person
submitting the Final report to the Commission shall also be authorized
by the provider to legally bind the provider to the truth,
completeness, and accuracy of the information contained in the report.
Each Final report shall be attested by the person submitting the report
that he/she has read the report prior to submitting it and on oath
deposes and states that the information contained therein is true,
correct, and accurate to the best of his/her knowledge and belief and
that the communications provider on oath deposes and states that this
information is true, complete, and accurate. The Notification shall
provide: The name of the reporting entity; the date and time of onset
of the outage; a brief description of the problem; service effects; the
geographic area affected by the outage; and a contact name and contact
telephone number by which the Commission's technical staff may contact
the reporting entity. The Initial and Final Reports shall contain the
information required in this part 4. The Initial report shall contain
all pertinent information then available on the outage and shall be
submitted in good faith. The Final report shall contain all pertinent
information on the outage, including any information that was not
contained in, or that has changed from that provided in, the Initial
report. The Notification and the Initial and Final Communications
Outage Reports are to be submitted electronically to the Commission.
``Submitted electronically'' refers to submission of the information
using Commission-approved Web-based outage report templates. If there
are technical impediments to using the Web-based system during the
Notification stage, then a written Notification to the Commission by e-
mail, FAX, or courier may be used; such Notification shall contain the
information required. All hand-delivered Notifications and Initial and
Final Communications Outage Reports, shall be addressed to the Federal
Communications Commission, The Office of Secretary, Attention: Chief,
Public Safety & Homeland Security Bureau. Electronic filing shall be
effectuated in accordance with procedures that are specified by the
Commission by public notice.
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
22. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and
606.
0
23. Section 11.21 is amended by revising the introductory paragraph to
read as follows:
[[Page 69038]]
Sec. 11.21 State and Local Area Plans and FCC Mapbook.
EAS plans contain guidelines which must be followed by EAS
Participants' personnel, emergency officials, and National Weather
Service (NWS) personnel to activate the EAS. The plans include the EAS
header codes and messages that will be transmitted by key EAS sources
(NP, LP, SP and SR). State and local plans contain unique methods of
EAS message distribution such as the use of the Radio Broadcast Data
System (RBDS). The plans must be reviewed and approved by the Chief,
Public Safety and Homeland Security Bureau, prior to implementation to
ensure that they are consistent with national plans, FCC regulations,
and EAS operation.
* * * * *
0
24. Section 11.43 is revised to read as follows:
Sec. 11.43 National level participation.
Entities that wish to voluntarily participate in the national level
EAS may submit a written request to the Chief, Public Safety and
Homeland Security Bureau.
0
25. Section 11.47 is amended by revising paragraph (b) to read as
follows:
Sec. 11.47 Optional use of other communications methods and systems.
* * * * *
(b) Other technologies and public service providers, such as DBS,
low earth orbiting satellites, etc. that wish to participate in the EAS
may contact the FCC's Chief, Public Safety and Homeland Security
Bureau, or their State Emergency Communications Committee for
information and guidance.
PART 22--PUBLIC MOBILE SERVICES
0
26. The authority citation for part 22 continues to read as follows:
Authority: 47 U.S.C. 154, 222, 303, 309, and 332.
0
27. Section 22.879 is amended by revising paragraph (c)(3)(v) to read
as follows:
Sec. 22.879 Interference resolution procedures.
* * * * *
(c) * * *
(3) * * *
(v) Has been approved by the Chief of the Public Safety and
Homeland Security Bureau or other designated Commission official. Prior
to the authorized official making a determination that a clear and
imminent danger exists, the associated written statement must be served
by hand-delivery or receipted fax on the applicable offending licensee,
with a copy transmitted by the fastest available means to the
Washington, DC office of the Commission's Public Safety and Homeland
Security Bureau.
0
28. Section 22.972 is amended by revising paragraph (c)(3)(v) to read
as follows:
Sec. 22.972 Interference resolution procedures.
* * * * *
(c) * * *
(3) * * *
(v) Has been approved by the Chief of the Public Safety and
Homeland Security Bureau or other designated Commission official. Prior
to the authorized official making a determination that a clear and
imminent danger exists, the associated written statement must be served
by hand-delivery or receipted fax on the applicable offending licensee,
with a copy transmitted by the fastest available means to the
Washington, DC office of the Commission's Public Safety and Homeland
Security Bureau.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
29. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub.
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218,
222, 225, 226, 228, and 254(k) unless otherwise noted.
0
30. Appendix A, 6.b.(2)(m) is revised to read as follows:
Appendix A to Part 64--Telecommunications Service Priority (TSP) System
for National Security Emergency Preparedness (NSEP)
* * * * *
6. * * *
b. * * *
(2) * * *
(m) All reports submitted to the FCC should be directed to
Chief, Public Safety and Homeland Security Bureau, Washington, DC
20554.
* * * * *
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
31. 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), 332(c)(7).
0
32. Section 90.674 is amended by revising paragraph (c)(3)(v) to read
as follows:
Sec. 90.674 Interference resolution procedures before, during and
after band reconfiguration.
* * * * *
(c) * * *
(3) * * *
(v) Has been approved by the Chief of the Public Safety and
Homeland Security Bureau or other designated Commission official. Prior
to the authorized official making a determination that a clear and
imminent danger exists, the associated written statement must be served
by hand-delivery or receipted fax on the applicable offending licensee,
with a copy transmitted by the fastest available means to the
Washington, DC office of the Commission's Public Safety and Homeland
Security Bureau.
0
33. Section 90.676 is amended by revising paragraphs (a)(4), (b)(1),
and (b)(4) to read as follows:
Sec. 90.676 Transition administrator for reconfiguration of the 806-
824/851-869 MHz band in order to separate cellular systems from non-
cellular systems.
* * * * *
(a) * * *
(4) Establishing a relocation schedule on a NPSPAC region-by-region
basis, prioritizing the regions on the basis of population. However,
should a given region be encountering unusually severe amounts of
unacceptable interference, that region may be moved up in priority. Any
party disputing such a change in priority may refer the matter to the
Chief, Public Safety and Homeland Security Bureau, who hereby is
delegated the authority to resolve such disputes. The Transition
Administrator may direct that adjoining regions be reconfigured
simultaneously when conditions so require.
(b) * * *
(1) Monitor the retuning schedule and resolve any schedule delays
or refer same to the Chief, Public Safety and Homeland Security Bureau,
for resolution;
* * * * *
(4) Provide the Chief, Public Safety and Homeland Security Bureau,
with an annual audited statement of relocation funds expended to date,
including salaries and expenses of Transition Administrator. The
Transition Administrator may select the date for filing the annual
audited statement;
* * * * *
Sec. 90.677 [Amended]
0
34. Section 90.677 is amended by removing the words ``Chief of the
Public Safety and Critical Infrastructure Division of the Wireless
Telecommunications Bureau'' and
[[Page 69039]]
``Chief of the Public Safety and Critical Infrastructure Division''
wherever they appear and adding, in their place, the words ``Chief,
Public Safety and Homeland Security Bureau.''
PART 97--AMATEUR RADIO SERVICE
0
35. The authority citation for part 97 continues to read as follows:
Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.
Interpret or apply 48 Stat. 1064-1068, 1081-1105, as amended; 47
U.S.C. 151-155, 301-609, unless otherwise noted.
0
36. Section 97.401 is amended by revising paragraph (b) to read as
follows:
Sec. 97.401 Operation during a disaster.
* * * * *
(b) When a disaster disrupts normal communication systems in a
particular area, the FCC may declare a temporary state of communication
emergency. The declaration will set forth any special conditions and
special rules to be observed by stations during the communication
emergency. A request for a declaration of a temporary state of
emergency should be directed to the Chief, Public Safety and Homeland
Security Bureau.
* * * * *
[FR Doc. E6-20240 Filed 11-28-06; 8:45 am]
BILLING CODE 6712-01-P