Federal Communications Commission DA 18-282
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Amendment of Parts 2 and 90 of the Commission’s 
Rules to Codify New Procedure for Non-Federal 
Public Safety Entities to License Federal 
Interoperability Channels 
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ORDER
Adopted:  March 22, 2018 Released:  March 22, 2018
By the Chief, Public Safety and Homeland Security Bureau; and the Chief, Office of Engineering and 
Technology
I. INTRODUCTION
1. By this Order, the Public Safety and Homeland Security Bureau (Bureau) and the Office of 
Engineering and Technology, on delegated authority, amend Parts 2 and 90 of the Commission’s rules to 
conform with the streamlining modifications made by the National Telecommunications and Information 
Administration (NTIA) to the federal coordination process that enables the FCC to grant licenses to non-
federal public safety entities for use of forty Federal Interoperability Channels.
1 
 
II. BACKGROUND
2. NTIA has designated specific Federal Interoperability Channels for interoperability 
communications “among federal agencies and between federal agencies and non-federal entities with 
which federal agencies have a requirement to operate.”
2
  Based on this designation, and subject to its 
coordination requirements, NTIA makes these channels available for FCC licensing to non-federal 
public safety entities for joint federal/non-federal operations.
3. The NTIA Manual enables federal agencies and non-federal entities to use mobile and 
portable radio units on available Federal Interoperability Channels on a shared basis under a new 
streamlined process.
3
  Under this process, the Statewide Interoperability Coordinator (SWIC) or a state 
appointed official in each state is responsible for coordinating access to the Federal Interoperability 
Channels by non-federal public safety entities.
4
  Each SWIC/official will sign an agreement with a 
federal user with a valid assignment.
5
  The NTIA Manual does not dictate the terms of these agreements, 
1
 See Appendix B, infra (listing the forty Federal Interoperability Channels).  
2
 See NTIA Manual of Regulations and Procedures for Federal Radio Frequency Management § 4.3.16, at 4-190-91 
para. 5 under “Conditions For Use,” para. 3 (Table 1) under “Law Enforcement Plans,” and para. 4 (Table 2) under 
“Incident Response Plans” (May 2013 ed., rev. Sept. 2015) (NTIA Manual).  The NTIA Manual is available on 
NTIA’s website at www.ntia.doc.gov/osmhome/redbook/redbook.html.
3
 See id. at 4-190 para. 5 under “Conditions For Use.”
4
 Id.
5
 Id.
Federal Communications Commission DA 18-282
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but as a practical matter, all forty of the Federal Interoperability Channels may not be available for non-
federal use in every state or territory (e.g., along the borders with Canada and Mexico).  Thus, an 
agreement may specify which Federal Interoperability Channels are available for use in the particular 
state or territory and establish the conditions for their use by non-federal public safety entities.
4. Under NTIA’s revamped process, after a federal agency and the SWIC/official have signed 
an agreement for a given state, the federal agency no longer needs to coordinate separately with, or 
provide separate written certification to, each non-federal public safety entity in the state that seeks to 
use Federal Interoperability Channels.  Similarly, a non-federal entity seeking to use Federal 
Interoperability Channels covered by the agreement only needs to obtain the written concurrence of the 
SWIC/official confirming that the proposed use of the specified channels conforms to the agreement.  
Moreover, because coordination is covered by the agreement, this streamlined process obviates the need 
for the Commission to submit the non-federal entity’s application for coordination with NTIA and the 
Interdepartment Radio Advisory Committee (IRAC).
6
5. The Commission’s current rules outline procedures for non-federal public safety entities 
licensed by the FCC to be authorized to use channels assigned to federal users.  Among other things, 
these procedures require the non-federal public safety entity to obtain a written certification from a 
federal agency confirming that the non-federal entity’s access to federal frequencies was necessary for 
coordinating activities with the federal agency.
7
  With that certification, the non-federal entity would 
then file an application with the Commission requesting authorization to operate on the federal 
frequencies, and the Commission would submit the application to NTIA for IRAC coordination.
8
  The 
current rules do not reflect the aforementioned streamlined coordination procedures adopted by NTIA to 
make Federal Interoperability Channels available to non-federal public safety entities.  Thus, even when 
the new NTIA procedures would be applicable, the Commission’s rules would still require the non-
federal public safety entity to obtain a written certification from a federal agency.
III. DISCUSSION
6. NTIA’s above-described streamlining modifications of its coordination process providing 
for a non-federal public safety entity to be licensed by the Commission to use the Federal 
Interoperability Channels have, in the context of these designated channels, rendered obsolete both (1) 
the Commission’s requirement in Section 2.102(c)(4) that the non-federal public safety entity obtain 
written certification from a federal government agency before applying for FCC authorization; and (2) 
the Commission’s Section 90.173(c) consultation provision (under which Commission staff refers such 
applications to NTIA for coordination with the IRAC’s Frequency Assignment Subcommittee (FAS)).
9 
 
Accordingly, we are adding new Section 90.25 to the Commission’s rules to make these channels 
available to public safety applicants and are revising Sections 2.102(c)(4) and 90.173(c) to conform 
these FCC rules to the streamlined coordination process that NTIA now uses.
10
  Specifically, new 
6
 Id.
7
 47 CFR § 2.102(c)(4).
8
 47 CFR §§ 2.102(c), 90.173(c).  See Federal Government Spectrum Available for Public Safety Interoperability 
Communications, Public Notice, 16 FCC Rcd 13662 (WTB 2001) (Federal Government Spectrum PN) (announcing 
the pre-streamlining procedure).
9
 See 47 CFR §§ 2.102(c) and 90.173(c).
10
 See infra Appendix B (highlighting the availability of the channels under streamlined application procedures in 
new Section 90.25, adding new footnote US55 to the Table of Frequency Allocations, 47 CFR § 2.106, and setting 
forth amendments to 47 CFR §§ 2.102(c) and 90.173(c)).  We note that the adoption of these rule changes falls 
within both the good cause and the procedural rule exceptions to the notice and public comment requirements of the 
Administrative Procedure Act (APA), 5 U.S.C. §§ 551 et seq.  Under the APA’s Section 553(b)(B), these 
requirements do not apply “when the agency for good cause finds . . . that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.”  5 U.S.C. § 553(b)(B).  The rule amendments at issue 
(continued….)
Federal Communications Commission DA 18-282
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Section 90.25 lists the Federal Interoperability Channels for which NTIA’s streamlining modifications 
apply.  Pursuant to that section, an applicant seeking to license mobile or portable radios on any Federal 
Interoperability Channel will include a copy of the SWIC/official’s written concurrence with its 
application.  Commission staff will process such applications without referring them to the NTIA for 
coordination with the IRAC’s FAS.  In revised Section 2.102(c)(4) we add a cross reference to Section 
90.25 to provide an exception to the requirement that the Commission consult with a federal agency 
before granting applications for non-federal applicants to license the Federal Interoperability Channels.  
Also, we add new footnote US55 to the Allocation Table in Section 2.106 of the Commission’s rules to 
reflect such use.
7. In making these conforming changes to our rules, we note that the new streamlined 
coordination process applies only to applicants seeking to license mobile and portable radio units on the 
Federal Interoperability Channels listed in new Section 90.25.
11
  Applicants seeking to license base 
stations on these channels or proposing any use of Federal Interoperability Channels other than those 
listed in Appendix A must continue to provide written certification from a federal government agency 
with their applications,
12
 and the Commission will continue to send such applications to NTIA for 
coordination with the IRAC’s Frequency Assignment Subcommittee.
IV. PAPERWORK REDUCTION ACT
8. The requirement in new Section 90.25 that non-federal public safety agencies obtain written 
concurrence from the SWIC/official constitutes a new information collection subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13.  It will be submitted to the Office of Management 
and Budget (OMB) for review and public comment under Section 3507(d) of the PRA.
9. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-
198 (see 44 U.S.C. 3506(c)(4)), the Bureau will seek specific comment on how it might further reduce 
the information collection burden for small business concerns with fewer than 25 employees.
V. ORDERING CLAUSES
10.  Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 303(c) and 332 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(c), and 332, this Order IS 
HEREBY ADOPTED.
11.   IT IS FURTHER ORDERED that the rules and requirements adopted herein WILL 
BECOME EFFECTIVE thirty days from the date of publication in the Federal Register, except for new 
Section 90.25 that contains a new information collection requirement that requires review by the OMB 
(Continued from previous page)  
here are designed solely to conform the FCC’s rules to the streamlined coordination process that NTIA has put in 
place.  As these changes to the FCC’s rules merely reflect the modified coordination process that NTIA now 
requires, they are ministerial in nature, and solicitation by the FCC of public comment would serve no purpose and 
would cause needless administrative delay.  Accordingly, we find, for good cause, that providing advance notice of 
and opportunity for public comment on the rule changes we adopt herein is unnecessary and contrary to the public 
interest.  Moreover, these rule changes “do not themselves alter the rights or interests of parties” with respect to 
Commission action; they merely “alter the manner in which the parties present themselves or their viewpoints,” and 
only with respect to demonstrating their compliance with the required NTIA coordination process.  See JEM 
Broadcasting Co. v. FCC, 22 F.3d 320 (D.C. Cir. 1994).  Accordingly, the action taken herein falls within the 
APA’s exception for the promulgation or amendment of “rules of agency organization, procedure, or practice.”  5 
U.S.C. § 553(b)(A).  Moreover, because such rules of “agency organization, procedure, or practice [do] not 
substantially affect the rights or obligations of non-agency parties,” the provisions of the Congressional Review Act 
are also inapplicable here.  See 5 U.S.C. § 804(3)(C).
11
 See NTIA Manual § 4.3.16, at 4-190 para. 6 under “Conditions For Use” (stating that “These channels are 
restricted to mobile (including portable) interoperability communications…”).
12
 See 47 CFR § 2.102(c)(4).
Federal Communications Commission DA 18-282
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under the PRA.  OMB will assign the Commission a new OMB control number once it approves the new 
information collection.  Section 90.25 WILL BECOME EFFECTIVE after OMB review and approval, 
on the effective date specified in a notice that the Commission will publish in the Federal Register 
announcing such approval and effective date.
13
12. This action is taken under delegated authority pursuant to Section 155(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. § 155(c) and Sections 0.31, 0.191, 0.241, and 
0.392 of the Commission’s rules, 47 CFR §§ 0.31, 0.191, 0.241, and 0.392.
FEDERAL COMMUNICATIONS COMMISSION 
Lisa M. Fowlkes
Chief 
Public Safety and Homeland Security Bureau
Julius P. Knapp
Chief
Office of Engineering and Technology
13
 Non-federal licensees requiring access to the Federal Interoperability Channels before the effective date of the 
rules in Appendix B may request Special Temporary Authorization from the Commission.  Any such STA request 
must demonstrate that the circumstances warrant such relief pursuant to Section 1.931(b)(2) of the Commission’s 
rules, and should be accompanied by a request for waiver under Section 1.925 of the rules.  In meeting that waiver 
standard, we would expect the applicant to demonstrate that the requested use of federal channels has been 
adequately coordinated with the appropriate federal authorities.
Federal Communications Commission DA 18-282
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Appendix A
Final Rules
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR parts 2 
and 90 as follows:
PART 2— FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS
1. The authority citation for Part 2 continues to read as follows:
   AUTHORITY: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted.
2. Amend § 2.102 by revising paragraph (c) to read as follows:
§2.102   Assignment of frequencies.
   * * * * *
(c) Non-Federal stations may be authorized to use Federal frequencies in the bands above 25 
MHz: 
(1) If the Commission finds, after consultations with the appropriate Federal agency or agencies, 
that such use is necessary for coordination of Federal and non-Federal activities.  Such operations must 
meet the following requirements:
(i) Non-Federal operation on Federal frequencies shall conform with the conditions agreed upon 
by the Commission and NTIA;
(ii) Such operations shall be in accordance with NTIA rules governing the service to which the 
frequencies involved are allocated;
(iii) Such operations shall not cause harmful interference to Federal stations and, should harmful 
interference result, that the interfering non-Federal operation shall immediately terminate; and
(iv) Non-Federal operation has been certified as necessary by the Federal agency involved and 
this certification has been furnished, in writing, to the non-Federal licensee with which communication is 
required; or
(2) Pursuant to the provisions of § 90.25 of this chapter, provided that such operations shall not 
cause harmful interference to Federal stations and, should harmful interference result, that the interfering 
non-Federal operation shall immediately terminate. 
   * * * * *
3. In § 2.106, the Table of Frequency Allocations is amended as follows:
a. Pages 24 and 27 are revised.
b. In the list of United States (US) Footnotes, footnote US55 is added.
The revisions and additions read as follows:
§ 2.106   Table of Frequency Allocations.
   * * * * *
6157.1875-157.45
MOBILE except aeronautical mobile
   US266
5.226  NG111
Maritime (80)
Aviation (87)
Private Land Mobile (90)
157.1875-161.575
157.45-161.575
FIXED
LAND MOBILE  NG28  NG111  NG112
5.226  NG6  NG70  NG124  NG148  
NG155
Public Mobile (22)
Remote Pickup (74D)
Maritime (80)
Private Land Mobile (90)
161.575-161.625
5.226  US52
161.575-161.625
MARITIME MOBILE
5.226  US52  NG6  NG17
Public Mobile (22)
Maritime (80)
161.625-161.9625 161.625-161.775
LAND MOBILE  NG6
5.226
Public Mobile (22)
Remote Pickup (74D)
Low Power Auxiliary (74H)
5.226 5.226 US266
161.775-161.9625
MOBILE except aeronautical mobile
   US266  NG6
5.226
Maritime (80)
Private Land Mobile (90)
161.9625-161.9875
FIXED
MOBILE except aeronautical mobile
Mobile-satellite (Earth-to-space) 
   5.228F
5.226  5.228A  5.228B
161.9625-161.9875
AERONAUTICAL MOBILE (OR)
MARITIME MOBILE
MOBILE-SATELLITE (Earth-to-space)
 5.228C  5.228D
161.9625-161.9875
MARITIME MOBILE
Aeronautical mobile (OR)  5.228E
Mobile-satellite (Earth-to-space)
   5.228F
5.226
161.9625-161.9875
AERONAUTICAL MOBILE (OR) (AIS 1)
MARITIME MOBILE (AIS 1)  
MOBILE-SATELLITE (Earth-to-space) (AIS 1)
5.228C  US52
Satellite
   Communications (25)
Maritime (80)
161.9875-162.0125
FIXED
MOBILE except aeronautical mobile
5.226  5.229
161.9875-162.0125
FIXED
MOBILE
5.226
161.9875-162.0125 161.9875-162.0125
MOBILE except aeronautical mobile
5.226
Maritime (80)
162.0125-162.0375
FIXED
MOBILE except aeronautical mobile
Mobile-satellite (Earth-to-space) 5.228F
5.226  5.228A  5.228B  5.229
162.0125-162.0375
AERONAUTICAL MOBILE (OR)
MARITIME MOBILE
MOBILE-SATELLITE (Earth-to-space)
5.228C  5.228D
162.0125-162.0375
MARITIME MOBILE
Aeronautical mobile (OR)  5.228E
Mobile-satellite (Earth-to-space)
   5.228F
5.226
162.0125-162.0375
AERONAUTICAL MOBILE (OR) (AIS 2)
MARITIME MOBILE (AIS 2)  
MOBILE-SATELLITE (Earth-to-space) (AIS 2)
5.228C  US52
Satellite
   Communications (25)
Maritime (80)
162.0375-174
FIXED
MOBILE except aeronautical mobile
162.0375-174
FIXED
MOBILE
162.0375-173.2
FIXED
MOBILE
US8  US11  US13  US55
US73  US300  US312  G5
162.0375-173.2
US8  US11  US13  US55  US73  US300
US312
Remote Pickup (74D)
Private Land Mobile (90)
173.2-173.4 173.2-173.4
FIXED
Land mobile
Private Land Mobile (90)
5.226  5.229 5.226  5.230  5.231  5.232
173.4-174
FIXED
MOBILE
G5
173.4-174
Page 24
 7
Table of Frequency Allocations                                                                                                            400.15-456 MHz (UHF) Page 27
International Table United States Table 
Region 1 Table Region 2 Table Region 3 Table Federal Table Non-Federal Table
FCC Rule Part(s)
400.15-401
METEOROLOGICAL AIDS
METEOROLOGICAL-SATELLITE (space-to-Earth)
MOBILE-SATELLITE (space-to-Earth)  5.208A  5.208B  5.209
SPACE RESEARCH (space-to-Earth)  5.263
Space operation (space-to-Earth)
400.15-401
METEOROLOGICAL AIDS
   (radiosonde)  US70
METEOROLOGICAL-SATELLITE
   (space-to-Earth)
MOBILE-SATELLITE (space-to-
   Earth)  US319  US320  US324
SPACE RESEARCH
   (space-to-Earth)  5.263
Space operation (space-to-Earth)
400.15-401
METEOROLOGICAL AIDS
   (radiosonde)  US70
MOBILE-SATELLITE (space-to-
   Earth)  US319  US320  US324
SPACE RESEARCH
   (space-to-Earth)  5.263
Space operation (space-to-Earth)
5.262  5.264 5.264 5.264 
Satellite Communications (25)
401-402
METEOROLOGICAL AIDS 
SPACE OPERATION (space-to-Earth)
EARTH EXPLORATION-SATELLITE (Earth-to-space)
METEOROLOGICAL-SATELLITE (Earth-to-space)
Fixed
Mobile except aeronautical mobile
401-402
METEOROLOGICAL AIDS
   (radiosonde)  US70
SPACE OPERATION
   (space-to-Earth)
EARTH EXPLORATION-
   SATELLITE (Earth-to-space)
METEOROLOGICAL-SATELLITE
   (Earth-to-space)
US64  US384
401-402
METEOROLOGICAL AIDS
   (radiosonde)  US70
SPACE OPERATION
   (space-to-Earth)
Earth exploration-satellite
   (Earth-to-space)
Meteorological-satellite
   (Earth-to-space)
US64  US384
402-403
METEOROLOGICAL AIDS
EARTH EXPLORATION-SATELLITE (Earth-to-space)
METEOROLOGICAL-SATELLITE (Earth-to-space)
Fixed
Mobile except aeronautical mobile
402-403
METEOROLOGICAL AIDS
   (radiosonde)  US70
EARTH EXPLORATION-
   SATELLITE (Earth-to-space)
METEOROLOGICAL-SATELLITE
   (Earth-to-space)
US64  US384
402-403
METEOROLOGICAL AIDS
   (radiosonde)  US70
Earth exploration-satellite
   (Earth-to-space)
Meteorological-satellite
   (Earth-to-space)
US64  US384
403-406
METEOROLOGICAL AIDS
Fixed
Mobile except aeronautical mobile
403-406
METEOROLOGICAL AIDS
   (radiosonde)  US70
US64  G6
403-406
METEOROLOGICAL AIDS
   (radiosonde)  US70
US64
MedRadio (95I)
406-406.1
MOBILE-SATELLITE (Earth-to-space)
5.266  5.267
406-406.1
MOBILE-SATELLITE (Earth-to-space)
5.266  5.267
Maritime (EPIRBs) (80V)
Aviation (ELTs) (87F)
Personal Radio (95)
406.1-410
FIXED
MOBILE except aeronautical mobile
RADIO ASTRONOMY
5.149
406.1-410
FIXED
MOBILE
RADIO ASTRONOMY  US74
US13  US55  US117  G5  G6
406.1-410
RADIO ASTRONOMY  US74
US13  US55  US117
Private Land Mobile (90)
410-420
FIXED
MOBILE except aeronautical mobile
SPACE RESEARCH (space-to-space)  5.268
410-420
FIXED
MOBILE
SPACE RESEARCH
   (space-to-space)  5.268
US13  US55  US64  G5
410-420
US13  US55  US64
Private Land Mobile (90)
MedRadio (95I)
Federal Communications Commission DA 18-282
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   * * * * *
United States (US) Footnotes
   * * * * *
   US55  In the bands 162.0375-173.2 MHz and 406.1-420 MHz, the FCC may authorize public safety 
applicants to use the 40 Federal Interoperability Channels that are designated for joint federal/non-federal 
operations for law enforcement, public safety, emergency response and disaster response  in Section 
4.3.16 of the NTIA Manual, subject to the condition that that these non-Federal mobile (including 
portable) interoperability communications shall conform to the national plans specified therein, and in 
particular, shall not cause harmful interference to Federal stations.  The procedure for authorizing such 
use is set forth in 47 CFR 90.25.
   * * * * *
PART 90—PRIVATE LAND MOBILE RADIO SERVICES
4. The authority citation for Part 90 continues to read as follows:
   AUTHORITY: 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), and 332(c)(7), and Title VI of the Middle 
Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156.
5. Add § 90.25 to read as follows:
§ 90.25   Non-Federal Use of the Federal Interoperability Channels.
   The Commission may authorize non-Federal licensees to operate mobile and portable radio units on the 
frequencies listed below in Tables 1 and 2, provided the applicant includes with its application to the 
Commission, written concurrence from the Statewide Interoperability Coordinator (SWIC) or state 
appointed official stating that the application conforms to the agreement with a federal agency with a 
valid assignment from the National Telecommunications and Information Administration.
Table 1 - Law Enforcement Plans (MHz)
LE VHF Plan LE UHF Plan
Identifier Mobile 
Transmit 
Mobile Receive Identifier Mobile Transmit Mobile Receive
LEA 167.0875 (S) 167.0875 LEB 414.0375 (S) 414.0375
LE1 162.0875 167.0875 LE10 418.9875 409.9875
LE2 162.2625 167.2500 LE11 419.1875 410.1875
LE3 162.8375 167.7500 LE12 419.6125 410.6125
LE4 163.2875 168.1125 LE13 414.0625 (S) 414.0625
LE5 163.4250 168.4625 LE14 414.3125 (S) 414.3125
LE6 167.2500 (S) 167.2500 LE15 414.3375 (S) 414.3375
LE7 167.7500 (S) 167.7500 LE16 409.9875 (S) 409.9875
LE8 168.1125 (S) 168.1125 LE17 410.1875 (S) 410.1875
LE9 168.4625 (S) 168.4625 LE18 410.6125 (S) 410.6125
(S) - Simplex
Federal Communications Commission DA 18-282
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Table 2 - Incident Response Plans (MHz)
IR VHF Plan IR UHF Plan
Identifier Mobile Transmit Mobile Receive Identifier Mobile Transmit Mobile Receive
NC1 Calling 164.7125 169.5375 NC2 Calling 419.2375 410.2375
IR1 165.2500 170.0125 IR10 419.4375 410.4375
IR2 165.9625 170.4125 IR11 419.6375 410.6375
IR3 166.5750 170.6875 IR12 419.8375 410.8375
IR4 167.3250 173.0375 IR13 413.1875 (S) 413.1875
IR5 169.5375 (S) 169.5375 IR14 413.2125 (S) 413.2125
IR6 170.0125 (S) 170.0125 IR15 410.2375 (S) 410.2375
IR7 170.4125 (S) 170.4125 IR16 410.4375 (S) 410.4375
IR8 170.6875 (S) 170.6875 IR17 410.6375 (S) 410.6375
IR9 173.0375 (S) 173.0375 IR18 410.8375 (S) 410.8375
(S) - Simplex
6. In § 90.173, revise paragraph (c) to read as follows:
§ 90.173   Policies governing the assignment of frequencies.
   * * * * *
   (c) Frequencies assigned to Federal Government radio stations by the National Telecommunications and 
Information Administration may be authorized under the provisions set forth in § 2.102(c) of this chapter.