[Federal Register: February 9, 2005 (Volume 70, Number 26)]
[Rules and Regulations]
[Page 6776-6777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe05-7]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 301
Docket No. 050201021-5021-01
RIN 0660-AA15
Repeal of Mandatory Reimbursement Rules for Frequency Band or
Geographic Relocation of Federal Spectrum-Dependent Systems
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce
ACTION: Final Rule.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) is repealing its regulations governing reimbursement to federal
entities by the private sector as a result of reallocation of frequency
spectrum. The agency is taking this action in accordance with the
Commercial Spectrum Enhancement Act which repealed the provision in the
NTIA Organization Act under which the agency promulgated these
regulations. The Commercial Spectrum Enhancement Act established a fund
within the Department of Treasury through which money will be provided
to federal agencies for the costs incurred in relocating their radio
communications systems.
DATES: These rules become effective on February 9, 2005.
FOR FURTHER INFORMATION CONTACT: Milton Brown, Deputy Chief Counsel,
National Telecommunications and Information Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, N.W., Room 4713,
Washington, DC 20230; telephone: (202) 482-1816; facsimile: (202) 501-
8013; or electronic mail: mbrown@ntia.doc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2002, the National Telecommunications and Information
Administration (NTIA) issued a final rule entitled ``Mandatory
Reimbursement Rules for Frequency Band or Geographic Relocation of
Federal Spectrum-Dependent Systems'' (Mandatory Reimbursement
Rules).\1\ These regulations implemented a provision of Pub. L. No.
105-261, which required private sector licensees to reimburse federal
agencies for the costs associated with relocating from or modifying the
radio frequencies used by agencies' communications systems to
accommodate the private sector licensees' use of the radio spectrum.\2\
That law also directed NTIA to issue regulations to implement its
requirements.
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\1\ See 67 Fed. Reg. 41,182 (2002) (The rules were codified at
47 C.F.R. Part 301.)
\2\ See Pub.L.No. 105-261, 112 Stat. 1920, 2132 (1998), amending
section 113(g) of the NTIA Organization Act (codified at 47 U.S.C.
Sec. 923(g)).
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II. Repeal of the Mandatory Reimbursement Rules
On December 23, 2004, the President signed into law Public Law No.
108-494, the Commercial Spectrum Enhancement Act.\3\ Among other
purposes, this Act struck the provision in the NTIA Organization Act
requiring private sector licensees to reimburse federal agencies'
relocation costs, and in its stead, created a new fund within the
Department of Treasury through which federal agencies would be
reimbursed for such costs and directed NTIA to take certain actions to
implement the new reimbursement and relocation plan. Because the new
law strikes the authorization underpinning the Mandatory Reimbursement
Rules and eliminates any obligation on private
[[Page 6777]]
sector licensees with respect to reimbursement, NTIA is repealing its
regulations.
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\3\ Pub.L.No. 108-494, 118 Stat. 3896, 3992 (2004).
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To the extent that NTIA must take action to implement the new
reimbursement and relocation plan with respect to federal agencies, it
will do so in consultation with the Interdepartment Radio Advisory
Committee (IRAC),\4\ the Federal Communications Commission, and the
Office of Management and Budget. Any procedures developed during that
process will appear in the NTIA Manual of Regulations and Procedures
for Federal Radio Frequency Management, which provides the rules
governing federal agencies' use of the radio spectrum.\5\
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\4\ The IRAC is an advisory commmittee comprised of the federal
agencies using the radio spectrum. The IRAC provides spectrum
management advice and support to the Assistant Secretary for
Communications and Information and NTIA Administrator.
\5\ The NTIA Manual is available on NTIA's website at http://www.ntia.doc.gov/osmhome/redbook/redbook.html
.
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III. Other Information
The Commercial Spectrum Enhancement Act repeals the statutory
authorization for the Mandatory Reimbursement Rules thereby eliminating
NTIA's authority to implement these rules. Thus, NTIA must repeal these
rules. Under these circumstances, providing prior notice and an
opportunity for public comment on whether to repeal these rules would
serve no useful purpose. As a result, under authority at 5 U.S.C. Sec.
553(b)(B), NTIA finds good cause to waive such procedures. Moreover,
the rules have not been utilized since their promulgation, and thus, no
federal agency's or private sector entity's interest will be adversely
affected by their repeal. Further, and for the same reason, NTIA finds
good cause pursuant to 553(d)(3) to waive the requirement of a 30-day
delay in effect for this rule. Thus, this rule is effective February 9,
2005.
Executive Order 12866
The repeal of the Mandatory Reimbursement Rules is not a
significant regulatory action as defined by Executive Order 12866.
Executive Order 13312
The repeal of the Mandatory Reimbursement Rules do not contain
policies with federalism implications sufficient to warrant preparation
of a federalism assessment under Executive Order 12612.
Regulatory Flexibility Act
As prior notice and an opportunity for public comment are not
required under 5 U.S.C. Sec. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act are inapplicable. Thus,
no regulatory flexibility analysis is required and none has been
prepared.
Paperwork Reduction Act
This action contains no collections of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.
Lists of Subjects in 47 CFR Part 301
Classified information, Communications common carriers,
Communications equipment, Defense communications, Federal buildings and
facilities, Radio, Satellites, Telecommunications.
PART 301--[REMOVED AND RESERVED]
For the reasons stated above, 47 CFR Chapter III is amended by
removing and reserving Part 301 pursuant to authority contained in Pub.
L. No. 108-494.
Dated: February 4, 2005.
Michael D. Gallagher,
Assistant Secretary for Communications and Information Administration.
[FR Doc. 05-2514 Filed 2-8-05; 8:45 am]
BILLING CODE 3510-60-S