Federal Communications Commission: Public Safety and Homeland Security Bureau Establishes Post-Reconfiguration 800 MHz Band Plan for the U.S.-Canada Border Regions, GAO-08-929R, June 27, 2008
Pursuant to section
801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Communications Commission (Commission), entitled “Public
Safety and Homeland Security Bureau Establishes Post-Reconfiguration 800 MHz
Band Plan for the U.S.-Canada Border Regions” (WT Docket No. 02-55). We received the rule on
In a July 2004 Report and Order, the Commission
reconfigured the 800 MHz band to eliminate interference to public safety and
other land mobile communication systems operating in the band. 69 Fed. Reg. 67,823. However, the Commission deferred
consideration of band reconfiguration plans for the border areas, noting that
“implementing the band plan in areas of the
Enclosed is our assessment of the Commission’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that the Commission complied with the applicable requirements.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236.
Robert J. Cramer
Associate General Counsel
REPORT UNDER 5 U.S.C. sect. 801(a)(2)(A) ON A MAJOR
ISSUED BY THE
FEDERAL COMMUNICATIONS COMMISSION
"PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ESTABLISHES
POST-RECONFIGURATION 800 MHZ BAND PLAN FOR THE
U.S.-CANADA BORDER REGIONS"
(WT DOCKET NO. 02-55)
(i) Cost-benefit analysis
The Commission is not required to prepare, and did not prepare, a cost-benefit analysis for the final rule.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
The Commission prepared both an Initial Regulatory Flexibility Analysis and a Final Regulatory Flexibility Analysis in connection with the proposed and final rules, respectively. Both analyses comply with the requirements of the Act. As examples of changes made to reduce the burdens imposed on small entities, the Commission made the sequencing of band reconfiguration a two-stage process that will take into account regional variations, and created a uniform 12.5 kHz-spaced channel plan for the 806-809/851-854 MHz block in the border regions.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
As an independent regulatory agency, the Commission is not subject to the Unfunded Mandates Reform Act.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
The final rule was issued using the notice and comment
procedures found at 5 U.S.C. sect. 553. On
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
The final rule contains no new or modified information collections subject to the requirements of the Paperwork Reduction Act.
Statutory authorization for the rule
The final rule was promulgated under the authority in 47 U.S.C. sections 154(i), 161, 303(g), 303(r), and 332(c)(7).
Executive Order No. 12,866
As an independent regulatory agency, the Commission is not subject to the review requirements of the order.