Federal Communications Commission DA 17-131 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Fifth Generation Wireless Network and Device Security ) ) ) ) PS Docket No. 16-353 ORDER Adopted: February 3, 2017 Released: February 3, 2017 By the Acting Chief, Public Safety & Homeland Security Bureau: 1. In the Spectrum Frontiers Report and Order, the Commission directed the Office of Engineering and Technology, the Public Safety and Homeland Security Bureau (PSHSB), and the Wireless Telecommunications Bureau to release “not later than October 31, 2016” a Notice of Inquiry. 1 On December 16, 2016, the PSHSB purported to respond to this delegation by releasing a notice of inquiry, which was published in the Federal Register on January 23, 2017. 2 Pursuant to the Bureau’s existing authority, including Section 1.113 of the Commission’s rules, 3 the undersigned hereby sets aside and rescinds that notice of inquiry. The notice of inquiry will have no legal or other effect or meaning going forward and, as a result, there is no longer a comment cycle associated with that document and we hereby terminate this docket. 2. ACCORDINGLY, IT IS ORDERED, pursuant to Sections 0.191, 0.392, and 1.113 of the Commission’s rules, 47 CFR §§ 0.191, 0.392 and 1.113, that the Notice of Inquiry, DA 16-1282, IS SET ASIDE and the above-captioned docket IS TERMINATED. 3. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission's rules, 47 CFR § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Lisa M. Fowlkes Acting Chief, Public Safety and Homeland Security Bureau 1 See Use of Spectrum Bands Above 24 GHz For Mobile Radio Services; Establishing a More Flexible Framework to Facilitate Satellite Operations in the 27.5-28.35 GHz and 37.5-40 GHz Bands et al., GN Docket No. 14-77 et al., Report and Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 8014, 8106 para. 265 (Spectrum Frontiers Report and Order). 2 In the Matter of Fifth Generation Wireless Network and Device Security, Notice of Inquiry, DA 16-1282 (PSHSB) (rel. Dec. 16, 2016); see also 82 Fed. Reg. 7825 (Jan. 23, 2017). 3 See 47 CFR § 1.113.