Establishment of the 4.9 GHz Band Manager Selection Federal Advisory Committee

Establishment of the 4.9 GHz Band Manager Selection Federal Advisory Committee

SUPPLEMENTARY INFORMATION:

In accordance with section 9(a)(2) of the Federal Advisory Committee Act (FACA), 5 U.S.C. 1008, and 41 CFR 102-3.60(a), 102-3.65, and 102-3.35, the Commission is announcing the intent to establish the 4.9 GHz Band Manager Selection Committee (4.9 GHz Committee) and providing herein the Commission-approved public interest determination. The 4.9 GHz Committee's objectives and scope of activities are to provide the Commission with advice and recommendations on the selection of a 4.9 GHz Band Manager to coordinate operations in the 4.9 GHz band (4940-4990 MHz) through optimizing public safety use, facilitating the integration of the latest commercially available technologies and benefitting public safety users. The 4.9 GHz Committee will receive and review proposals from persons or entities seeking to serve as Band Manager and to hold the Band Manager overlay license. The 4.9 GHz Committee will operate for no more than one year from the date of establishment unless the Commission directs that it terminate on an earlier date. A copy of the charter will be posted on the Agency's website at www.fcc.gov .

Public Interest Determination

Pursuant to 41 CFR 102-3.60(a), to establish, renew, reestablish, or merge a discretionary (agency discretion) advisory committee, an agency must first consult with the General Services Administration's Committee Management Secretariat (the Secretariat) and, as part of the consultation, provide a written public interest determination approved by the head of the agency to the Secretariat with a copy to the Office of Management and Budget (OMB). In addition, pursuant to 41 CFR 102-3.35, an agency shall follow the same consultation process and document in writing the same determination of need before creating a subcommittee under a discretionary committee that is not made up entirely of members of a parent advisory committee. The Commission provides the following information to demonstrate that establishing the 4.9 GHz Committee is in the public interest:

1. Annual budget: The estimated annual operating cost for supporting the 4.9 GHz Band Manager Selection Committee is $406,822.44.

a. Federal personnel on a full-time equivalent (FTE) basis: $350,709 (annual salary of two full-time employees).

b. Other Federal internal costs: Additional 16% ($56,113.44).

c. Proposed payments to members: Members will not be compensated.

d. Proposed number of members: A minimum of seven members.

e. Reimbursable costs: $0.

2. If applicable, the total dollar value of grants expected to be recommended during the fiscal year: N/A.

3. Criteria for selecting members to ensure the 4.9 GHz Committee has the necessary expertise and fairly balanced membership: The FCC envisioned in the Seventh R&O in WP Docket No. 07-100 (38 FCC Rcd at 712, para. 21) that the Band Manager would be recommended by a selection committee "that represents and ensures the involvement of the relevant stakeholders, in particular the public safety community." The Commission in the Eighth R&O in WP Docket No. 07-100 (39 FCC Rcd at 12066, para. 52) also delegated "broad authority" to the Public Safety and Homeland Security and Wireless Telecommunications Bureaus "to establish the procedures by which a selection committee will be chosen, identify representatives to sit on the selection committee, determine the requisite number of selection committee members, identify the applicable selection criteria, and establish the appropriate procedures and appropriate oversight for the selection process as part of choosing the Band Manager."

4. List of all other Federal advisory committees of the Agency:

In addition to the proposed 4.9 GHz Band Manager Selection Committee, the FCC has four FACA Committees:

a. Communications Security, Reliability and Interoperability Council

b. Consumer Protection and Accessibility Advisory Committee

c. Technological Advisory Council

d. World Radiocommunication Conference Advisory Committee

5. Justification that the information or advice provided by the committee or subcommittee is not available from another Federal advisory committee, another Federal Government source, or any other more cost-effective and less burdensome source: The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories. The Commission is a U.S. government agency overseen by Congress and is the federal agency responsible for implementing and enforcing America's communications law and regulations. Specifically, in its work facing economic opportunities and challenges associated with rapidly evolving advances in global communications, the agency capitalizes on its competencies in: promoting competition, innovation and investment in broadband services and facilities, supporting the nation's economy by ensuring an appropriate competitive framework for the unfolding of the communications revolution, encouraging the highest and best use of spectrum domestically and internationally, revising media regulations so that new technologies flourish alongside diversity and localism, and providing leadership in strengthening the defense of the nation's communications infrastructure. The Band Manager selection requires a committee whose sole focus is for carrying out the selection process. The 4.9 GHz Committee will receive and review proposals, select proposals, and make recommendations in line with particular functions appropriate for a Band Manager. The 4.9 GHz Committee is the most cost-effective way to complete this task, particularly since the Commission does not compensate members and does not provide for members' travel expenses and accommodation for meetings. Additionally, the FAC will use minimal employees and only account for a small portion of those employees' overall responsibilities.

6. If this is a renewal or reestablishment, summarize the committee's previous accomplishments and the reasons it needs to continue: N/A. This is to establish a new FAC.

7. Explanation of why the committee/subcommittee is essential to the conduct of Agency business: The 4.9 GHz Committee shall support the mission of the Commission to make available for all people of the U.S. a rapid, efficient, nationwide, and worldwide wire and radio communication service at reasonable charges through the advisement on the selection of a Band Manager for the 4.9 GHz band by ensuring the person[s] or entity it believes is best suited to perform the Band Manager role is recommended to the Commission through particular criteria and oversight. The 4.9 GHz Committee's responsibility to receive and review proposals for persons or entities to serve as the Band Manager is essential since, once selected, the Band Manger will be eligible to apply for a nationwide overlay license and authorized to enter into a sharing agreement with the First Responder Network Authority (FirstNet). This 4.9 GHz Committee will focus on the following functions: facilitating frequency coordination and interference protection for 4.9 GHz band incumbent public safety operations, including working with incumbent licensees to optimize their spectrum use; developing a spectrum plan for, among other things, incentivizing the use of the latest commercially available technologies, including 5G; entering into and managing a sharing agreement with FirstNet, or similar network, pursuant to §§ 90.1207(h) and 2.103(b) of the Commission's rules; mediating disputes between 4.9 GHz licensees or between licensees and FirstNet, developing and maintaining a plan to maintain the financial viability of the Band Manager; and filing an annual report with the Commission.

In conclusion, this public interest determination documents that establishing the 4.9 GHz Committee is in the public interest, essential to the conduct of FCC business, and that the information to be obtained is not already available through another advisory committee or source within the Federal Government.