[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74283-74288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6229]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[ET Docket No. 04-151; WT Docket No. 05-96; DA 07-4605]


Wireless Telecommunications Bureaus Announces Start Date for 
Licensing and Registration Process for the 3650-3700 MHz

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Wireless Telecommunications Bureau (WTB or Bureau) 
announces as the start date for filing applications for nationwide non-
exclusive licenses in the 3650-3700 MHz band (3650 MHz band). The 
Bureau explains how to use the Commission's Universal Licensing System 
(ULS) to acquire a nationwide non-exclusive license for terrestrial 
operations in the 3650 MHz band and how to register fixed and base 
stations under such a license.\1\ Mobile and

[[Page 74284]]

portable stations, which are typically used by consumers, i.e., end 
users or subscribers, do not require a separate license and do not have 
to be registered in ULS.
---------------------------------------------------------------------------

    \1\ ULS is the consolidated database, application filing system, 
and processing system for all Wireless Radio Services. ULS supports 
electronic filing of all applications and related documents by 
applicants and licensees in the Wireless Radio Services, and 
provides public access to licensing information.

DATES: The start date for filing applications for nationwide non-
exclusive licenses in the 3650-3700 MHz band (3650 MHz band) is 
---------------------------------------------------------------------------
November 15, 2007.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Jennifer Mock at 202-418-2487. For 
additional information and/or assistance, please visit the Web at 
http://esupport.fcc.gov. Interested persons can also call the FCC at 
(877) 480-3201 or 717-338-2888 (TTY 717-338-2824). To provide quality 
service and ensure security, all telephone calls are recorded.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, released November 14, 2007. The full text of this Public Notice 
is available for inspection and copying during normal business hours in 
the FCC Reference Center, Room CY-A-257, 445 12th Street, SW., 
Washington, DC 20554. The complete text may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc. 
(BCP), Portals II, 445 12th Street, SW., Room CY-B402., Washington, DC. 
The complete item is also available on the Bureau's Web site at http://www.fcc.gov/wtb.

I. Background

    In 2005 the Commission adopted a Report and Order that revised the 
FCC's rules to open the 3650 MHz band for terrestrial wireless 
broadband operations. Recently, the Commission addressed petitions for 
reconsideration of the Report and Order by affirming the rules and 
policies adopted in 2005, with one rule modification and a 
clarification.\2\ These rules involve minimal regulatory burdens to 
encourage multiple entrants and to stimulate the rapid expansion of 
broadband services--especially in America's rural heartland--while at 
the same time ensuring that incumbent, grandfathered satellite Earth 
stations and Federal radiolocation stations in this band are protected 
from harmful interference. Briefly, there are four key steps involved 
in obtaining authority to operate a base or fixed station:
---------------------------------------------------------------------------

    \2\ Wireless Operations in the 3650-3700 MHz Band, ET Docket No. 
04-151, Rules for Wireless Broadband Services in the 3650-3700 MHz 
Band, WT Docket No. 05-96, Report and Order, 20 FCC Rcd 6502 (2005) 
(2005 Order), recon. granted in part, Memorandum Opinion and Order, 
FCC 07-99 (rel. June 7 2007) (2007 MO&O).
---------------------------------------------------------------------------

     Obtain a nationwide, non-exclusive license using ULS.
     Before registering a station, examine ULS for nearby 
stations.
     Obtain FCC-certified equipment (fixed, base and mobile 
equipment operating in the band must incorporate a ``contention-based 
protocol'').
     Register each fixed and base station using ULS.
    Nationwide, non-exclusive licenses. New terrestrial operations in 
the band will be licensed on a nationwide, non-exclusive, i.e., shared, 
basis with other licensees of the band. However, a licensee is not 
authorized to operate a fixed or base station until that station is 
registered with the FCC. All terrestrial licensees will have the mutual 
obligation to cooperate and avoid harmful interference to one another 
as well as to protect grandfathered operations, as further described 
below. There are no eligibility restrictions for licenses (other than 
the statutory foreign ownership restrictions) and no in-band or out-of-
band spectrum aggregation limits.\3\ Licenses will have a 10-year 
license term and licensees will have a right to a renewal expectancy. 
Licensees will be free to assign and transfer their nationwide non-
exclusive licenses and to ``assign'' or share fixed and base stations 
that are registered.\4\ Applicant qualifications for nationwide non-
exclusive licenses in the 3650 MHz band will be assessed in accordance 
with the requirements of FCC Form 601 and the Commission's rules.
---------------------------------------------------------------------------

    \3\ Certain equipment, based on its FCC certification and as 
described below, will be restricted to operating only in the lower 
25 megahertz of the 3650 MHz band.
    \4\ See discussion in Section 0, infra.
---------------------------------------------------------------------------

    Examine ULS for nearby stations. Licensees should examine the 
registration database \5\ before registering a station and make every 
effort to ensure that their fixed or base station will operate at a 
location, and with technical parameters, that will minimize the 
potential to cause and receive harmful interference.\6\ We emphasize 
that coordination is each licensee's responsibility and that 
manufacturers of FCC-certified equipment are not responsible for 
coordination.
---------------------------------------------------------------------------

    \5\ Licensees can use the ULS license search located at http://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp to search the 
database for licenses with registered locations. The geosearch 
capability in ULS will allow interested parties to specify 
frequencies or a frequency band and geographic information such as 
county and state, address and radius or geographic coordinates and 
radius. ULS will return any licenses with registered locations 
within the search criteria. Future enhancements to the search 
capability will allow ULS to display each registered location that 
meets the search criteria with a unique identifier.
    \6\ See 47 CFR 90.1319. Channels are available on a shared basis 
only and will not be assigned for the exclusive use of any licensee. 
Licensees of stations suffering or causing harmful interference are 
expected to cooperate and resolve the problem by mutually 
satisfactory arrangements. Id.
---------------------------------------------------------------------------

    FCC-certified equipment: Licensees should determine, by checking 
the equipment manual or asking their equipment vendor or manufacturer, 
whether the equipment they are planning to use is certified by the FCC 
as ``unrestricted'' or ``restricted.'' Fixed, base, mobile, and 
portable equipment in the 3650 MHz band must use ``contention-based 
protocols'' and will be certified as either ``unrestricted'' or 
``restricted.'' Contention-based protocols will allow multiple users to 
share the same spectrum by defining the events that must occur when two 
or more devices attempt to simultaneously access the same channel and 
establishing rules by which each device is provided a reasonable 
opportunity to operate.

--Unrestricted contention protocols are broadly compatible and function 
to prevent interference even with other, dissimilar contention 
technologies on the market. Equipment using an unrestricted protocol 
can operate on all 50 megahertz (3650-3700 MHz).\7\
---------------------------------------------------------------------------

    \7\ 47 CFR 90.7, 90.1319(c). For unrestricted devices, the FCC's 
Equipment Authorization Database and the grant of equipment 
certification will include note code ``UR'' and the following text: 
``This device incorporates an unrestricted contention based 
protocol. It is capable of avoiding co-frequency interference with 
devices using other types of contention-based protocols.''
---------------------------------------------------------------------------

--Restricted contention protocols can prevent interference only with 
other devices incorporating the same or similar protocols. Equipment 
using a restricted protocol can operate only on the lower 25 megahertz 
(3650-3675 MHz).\8\
---------------------------------------------------------------------------

    \8\ 47 CFR 90.1319(c). For restricted devices, the FCC's 
Equipment Authorization Database and the grant of equipment 
certification will include note code ``RS'' and the following text: 
``This device incorporates a restricted contention based protocol. 
It may not be capable of avoiding co-frequency interference with 
devices using other types of contention-based protocols. Operation 
is restricted to the 3650-3675 MHz band.''

    Note: Applications for nationwide, non-exclusive licenses may be 
filed now and licensees may file station registrations for 
---------------------------------------------------------------------------
restricted equipment.


    Note: Licensees may NOT file station registrations for 
unrestricted equipment until the FCC has certified unrestricted 
equipment for the 3650 MHz band.

    Register each fixed and base station. A licensee will be allowed to 
register all of its fixed and base stations under one

[[Page 74285]]

nationwide, non-exclusive license. Prior to operating a fixed or base 
station, the licensee must register it in ULS, which will serve as a 
common database for licensees to locate each other's operations and 
consult in meeting their obligation to reach a reasonable accommodation 
with the other 3650 MHz band operators nearby. Operations cannot begin 
until the application for registration is in an ``Accepted'' status and 
the nationwide license is updated on ULS.\9\
---------------------------------------------------------------------------

    \9\ Submitted registrations are reviewed for, among other 
things, proximity to grandfathered satellite Earth stations and 
registration at certain locations require additional approvals; such 
as, but not limited to, international coordination, Federal 
coordination, Environmental Assessment, Quiet Zone, etc. Therefore, 
a registration is not complete until it is in an ``Accepted'' status 
and the nationwide license is updated on ULS.
---------------------------------------------------------------------------

    The registration process will also facilitate protection of 
grandfathered, incumbent stations from interference. There are two 
types of grandfathered, incumbent stations that new 3650 MHz band 
licensees must protect: non-Federal and Federal.

--Non-Federal. Absent an agreement between the relevant licensees, new 
terrestrial stations are prohibited (and thus base and fixed stations 
cannot be registered) within 150 km circular protection zones 
established around each grandfathered Fixed Satellite Service (FSS) 
Earth station.\10\
---------------------------------------------------------------------------

    \10\ The coordinates of the FSS Earth stations are available at 
http://www.fcc.gov/ib/sd/3650/. See 47 CFR 90.1331(a)(1). Base and 
fixed stations may be located within 150 km of a grandfathered 
satellite Earth station if the licensees mutually agree on such 
operation. Any negotiations must be conducted in good faith by all 
parties. See 47 CFR 90.1331(a)(2) and (3).
---------------------------------------------------------------------------

--Federal. Requests to register base or fixed stations within 80 km 
circular protection zones established around each of three Federal 
radiolocation stations will only be placed in an ``Accepted'' status 
(and the nationwide license will only be updated) on ULS upon 
successful coordination by the FCC with the National Telecommunications 
and Information Administration (NTIA).\11\
---------------------------------------------------------------------------

    \11\ See 47 CFR 90.1331(b). The FCC will attempt to coordinate 
such requests with the National Telecommunications and Information 
Administration (NTIA) through the Frequency Assignment Subcommittee 
of the Interdepartmental Radio Advisory Committee (IRAC). Id.

    Note: Licensees should also determine if there are any nearby 
Federal radar systems operating in adjacent bands that could affect 
---------------------------------------------------------------------------
their operations by consulting NTIA TR-99-361.\12\

    \12\ See id. citing Technical Characteristics of Radiolocation 
Systems Operating in the 3.1-3.7 GHz Band and Procedures for 
Assessing EMC with Fixed Earth Station Receivers, NTIA TR 99-361, 
available at http://www.ntia.doc.gov/osmhome/reports/ntia99-361/ntia99-361.pdf.
---------------------------------------------------------------------------

    Mobile and portable stations. These stations are not registered but 
may only operate if they can positively receive and decode an enabling 
signal transmitted by a registered base station. This requirement is 
intended to ensure that mobile and portable stations operate within 
range of a registered base station(s), thereby avoiding interference to 
grandfathered FSS and Federal stations. Ordinarily, licensees can meet 
this requirement by using FCC-approved equipment.
    Technical rules. Fixed and base stations will be allowed to operate 
with a peak power limit of 25 Watts per 25-megahertz bandwidth, and 
mobile stations with a peak power limit of 1 Watt per 25-megahertz 
bandwidth. All systems must use a contention-based protocol and only 
systems using an unrestricted protocol can operate in the 3675-3700 MHz 
band. Ordinarily, licensees can satisfy these requirements by using 
FCC-approved equipment.

    Note: A nationwide, non-exclusive license does NOT authorize any 
operation in the 3650 MHz band--unless and until each base and fixed 
station is registered in ULS.

    The Commission noted that the licensing and fixed and base station 
registration process would be simple and streamlined and that it will 
be done electronically using ULS.\13\ The Commission also directed and 
authorized WTB to issue the instant Public Notice, which announces the 
start date for filing applications for nationwide non-exclusive 
licenses in the 3650 MHz band as well as procedures for licensees to 
register fixed and base stations.
---------------------------------------------------------------------------

    \13\ Certain applications for a non-exclusive nationwide license 
in the 3650 MHz band may be filed manually; however, all applicants 
are strongly encouraged to file electronically using ULS because 
licensees who file applications manually risk dismissal of their 
applications for routine errors.
---------------------------------------------------------------------------

II. Application for Nationwide, Non-Exclusive Licenses

    Applicants for nationwide non-exclusive licenses in the 3650 MHz 
band will use ULS to file the information request on FCC Form 601 
electronically. Applicants can access the ULS Web site at http://wireless.fcc.gov/uls. In order to file an application for a license and 
to register fixed and base stations in ULS, applicants must have an FCC 
Registration Number (FRN). If the applicant does not have an existing 
FRN, it must register and obtain an FRN prior to filing the license 
application.\14\
---------------------------------------------------------------------------

    \14\ The FCC Registration Number (FRN) is the 10-digit number 
assigned to all entities (individual and corporate) that transact 
business with the FCC (including via ULS) and is not to be confused 
with the fixed and base station registration procedures discussed 
below. Applicants can obtain a FRN using the WTB Web site at http://wireless.fcc.gov and selecting ``FRN Registration'' from the right 
hand menu under the heading of Licensing.
---------------------------------------------------------------------------

    FCC Form 601 is the Commission's standard application form for 
wireless licenses \15\ and is required for all filings. To file 
electronically, applicants should log into ULS using their FRN and 
password. Once logged in the applicant should select ``Apply for a New 
License'' from the menu. On the following page, the applicant should 
select Wireless Broadband Services in the 3650-3700 MHz Band (Radio 
Service code NN) from the list of radio services and click continue. 
The applicant should follow the online prompts to complete the 
application. For additional help with the filing process, the applicant 
can click on the Common Questions links that appear on most pages of 
the ULS License Manager, or click the Help link in the upper right hand 
corner of the screen. ULS performs edit checks as information is 
entered. If ULS finds an error, it may not allow the application to be 
submitted until the error has been corrected.
---------------------------------------------------------------------------

    \15\ See 47 CFR 1.913(a)(1). License applicants will not be 
required to file any associated schedules. Form 601 Main Form and 
Schedule M are used for registrations, as explained below in Section 
III.
---------------------------------------------------------------------------

    Applications are assigned file numbers and all applications (and 
major amendments thereto) that are accepted for filing will be listed 
in WTB's weekly Public Notice of such applications. An application may 
be granted at any time if WTB finds that the application meets all of 
the Commission's requirements (e.g., meets qualification requirements, 
foreign ownership restrictions, payment obligations), except that 
certain applications, as discussed below, will not be granted prior to 
the 31st day following the issuance of a Public Notice accepting the 
application for filing. When an application is granted, an 
authorization will be issued to the applicant, and the grant will be 
placed in WTB's Weekly Action Public Notice. Licenses for terrestrial 
operations in this band will be issued for the entire bandwidth of the 
3650 MHz band (i.e., 3650-3700 MHz).
    Applicants that plan to operate under more than one regulatory 
status, and that seek to register and operate fixed and base stations 
on a non-common carrier and/or private, internal basis as early as 
possible, may file one application for common carrier regulatory status 
and a second application for non-common carrier and/or private, 
internal regulatory status. Applications to provide non-

[[Page 74286]]

common carrier service and/or for private, internal communications may 
be granted any time after they are accepted for filing. Applications 
that include a request for common carrier regulatory status will not be 
granted prior to the 31st day following the issuance of a Public Notice 
accepting the application for filing.\16\ This waiting period 
accommodates the statutory right of petitioners to file petitions to 
deny against common carrier applications. System limitations preclude 
WTB from processing a non-common carrier request separately when filed 
on the same form as a common carrier request. However, applicants that 
are willing to have their entire application processed under the 
``common carrier'' track, i.e., under the ``notice and 30-day waiting 
period'' of Section 1.945(b), can request common carrier and non-common 
carrier status on a single Form 601.
---------------------------------------------------------------------------

    \16\ For example, on November 21, 2007, WTB releases the weekly 
Public Notice of applications received between November 12-16, 2007, 
that are acceptable for filing. The 31st day following this Public 
Notice is Saturday, December 22, 2007, making Monday, December 24, 
2007, the first day on which a common carrier application received 
on November 15-16, 2007, can be granted. A license is required to 
file fixed and base station registrations so an applicant that plans 
to request common carrier and non-common carrier/private status may 
wish to file one application for common carrier regulatory status 
and a second application for non-common carrier and/or private, 
internal regulatory status, as applicable, if it seeks to register 
base and fixed stations and begin non-common carrier/private 
internal operations as early as possible.
---------------------------------------------------------------------------

III. Fixed and Base Station Data Registration Process

    As discussed above, a licensee must hold a nationwide, non-
exclusive license before it can register fixed or base stations, and 
each base or fixed station must be registered electronically in ULS 
before it can be operated.\17\ To register a station, the licensee will 
need to provide specific technical details, including whether the 
equipment uses a restricted (RS) or unrestricted (UR) protocol,\18\ the 
FCC Equipment Identification number (FCC ID number), the base or fixed 
station's location (latitude and longitude), and other technical 
parameters, e.g., EIRP, and antenna height above ground. If disputes 
arise, the FCC ID number generally will allow licensees and the 
Commission to quickly verify whether the equipment in question is FCC-
certified for unrestricted contention-based protocol operation at 3650-
3700 MHz or restricted contention-based protocol operation, which is 
limited to 3650-3675 MHz.
---------------------------------------------------------------------------

    \17\ Mobile and portable stations that operate with a peak EIRP 
of 1 Watt/25 megahertz and receive and decode an enabling signal 
from a base station are not required to be registered even if used 
in a fixed mode.
    \18\ Licenses are advised to consult with the equipment 
manufacturer or vendor to determine whether the equipment is 
certified as restricted or unrestricted protocols. That information 
is also available by searching the Equipment Authorization Database 
at https://fjallfoss.fcc.gov/oetcf/eas/reports/GenericSearch.cfm 
using the FCC ID number of the equipment and referring to the note 
code(s) and text of the equipment approval. For equipment modified 
according to permissive rules (see infra note 19), the grant of 
equipment certification may indicate both UR and RS, in which case 
the status of each licensee's equipment will depend on the version 
of the radio transmitter installed at each site.
---------------------------------------------------------------------------

    Equipment upgrades by or from the manufacturer. The Commission 
recognized that manufacturers, through software upgrades or other 
means, may alter the emission characteristics of previously deployed 
devices so that they move from the restricted to the unrestricted 
category. To the extent that this occurs, the manufacturer will be 
responsible for complying with the Commission's equipment certification 
rules.\19\ However, to the extent that a licensee's previously 
registered equipment is then upgraded, the affected licensee must 
update its base and fixed station registrations to reflect this change 
(and the registration application must be in an ``Accepted'' status and 
the nationwide license updated on ULS) before the station tunes over 
3675-3700 MHz.
---------------------------------------------------------------------------

    \19\ See also 47 CFR 2.944 (Software defined radios) and 2.1043 
(Changes in certificated equipment) which describe the certification 
requirements for modified equipment. Section 2.1043(a) sets out the 
conditions under which a new grant of certification is required, and 
Section 2.1043(b) sets out three categories of permissive changes 
that may be made without the application for and grant of new 
certification. In two of the three categories of permissive changes, 
the modified equipment shall not be marketed under the existing 
grant of certification prior to acknowledgement by the Commission 
that the change is acceptable. See 47 CFR 2.1043(b)(2),(3). 
Equipment not originally certified as software defined radio may not 
be upgraded in the field for the new frequency band or power level 
without obtaining a new grant of certification (and a new FCC 
Identifier).
---------------------------------------------------------------------------

    The process of electronically registering stations in ULS will 
begin when a licensee enters its FRN and password. Once the licensee is 
logged in, it should select ``My Licenses'' from the menu. At this 
point, the licensee will be presented with a list of call signs 
assigned to its FRN. The licensee should then click on the nationwide 
non-exclusive (NN radio service) call sign under which it intends to 
register its stations, and then click on the link labeled ``Register 
Locations.'' The licensee should then click on the link labeled ``Add 
New Location.'' Clicking on this link will step the licensee through 
the filing process for registering a new fixed or base station. If the 
proposed station registration requires an environmental assessment or 
is located in a quiet zone, the licensee must specify this fact on 
Schedule M and provide any necessary information in accordance with the 
instructions and FCC Rules. At this time, the complete registration 
process must be repeated for each individual location that the licensee 
wishes to register; however, batch filing will be available to 
licensees who have tested this process with us and have been granted 
approval to register their fixed and base stations in this fashion.
    The ULS electronic form performs edit checks as information is 
entered. For instance, ULS will verify that the specified power and 
other technical parameters are within the limits specified in the FCC 
rules. Based on the licensee's response, ULS will also determine 
whether the registrant is eligible for the full 50 MHz of spectrum 
based on the use of an unrestricted protocol or whether the registrant 
is limited to the use of the lower 25 MHz of the band based on the use 
of a restricted protocol. Finally, as part of the nightly processing, 
ULS will automatically, based on the station's coordinates, determine 
whether the base station is in an area requiring international 
coordination or whether the station is within one of the protection 
zones established around the three grandfathered Federal radiolocation 
stations or the grandfathered FSS Earth stations. For those licensees 
attempting to locate stations within the protection zones around the 
three grandfathered Federal sites, the Commission will refer those 
applications to the Frequency Assignment Subcommittee of the 
Interdepartment Radio Advisory Committee. Stations may only be located 
within the protection zone of a grandfathered FSS station if an 
agreement is negotiated between the parties. If a station is located 
within the protection zone of a grandfathered FSS station and the 
licensee does not certify that they have negotiated an agreement with 
the grandfathered FSS licensee, ULS will dismiss the registration 
application.\20\
---------------------------------------------------------------------------

    \20\ Future enhancements to ULS may provide an alert to the 
licensee at the time of data entry indicating that they are 
attempting to register a station within the protection zone of a 
grandfathered earth station. In the meantime, to avoid dismissal, 
licensees should consult the list of grandfathered FSS earth 
stations located at http://www.fcc.gov/ib/sd/3650/ prior to filing 
to determine if they are in a location that would require 
negotiating an agreement with a grandfathered FSS earth station.
---------------------------------------------------------------------------

    Station registrations will not be placed on Public Notice as a 
matter of

[[Page 74287]]

routine unless they raise a matter of public significance (e.g., 
environmental concerns).\21\ When the FCC accepts an individual fixed 
or base station registration, ULS will be updated and the licensee will 
be notified by letter. The licensee is not authorized to operate the 
station until the application for registration is in an ``Accepted'' 
status and the nationwide license is updated on ULS. Individual station 
registrations will be available for public inspection through ULS 
electronically. We note, however, that under the current ULS system, 
the printed copy of the nationwide non-exclusive license will not be 
updated to reflect station registrations and will not be re-issued when 
individual stations are registered with that call sign.
---------------------------------------------------------------------------

    \21\ See, e.g., 47 CFR 1.933(a)(3) (categories of information of 
public significance include special environmental considerations as 
required by part 1, FCC Rules).
---------------------------------------------------------------------------

IV. License Modifications; Transfers and Assignments

    Modifications to nationwide non-exclusive licenses in the 3650 MHz 
band will be limited to changing the data on the FCC Form 601 Main 
Form, which contains administrative data and certifications. 
Modifications to the non-exclusive nationwide license may be filed 
electronically using ULS. To file, applicants should log into ULS using 
their FRN and password. Once logged in, the applicant should select 
``My Licenses'' from the menu. At this point, the licensee will be 
presented with a list of call signs assigned to its FRN. The licensee 
should then select the nationwide non-exclusive (NN radio service) call 
sign that it intends to modify and click on the update link in the 
navigation menu at the right side of the screen. The licensee should 
follow the online prompts to complete the application. For additional 
help with the filing process, the applicant can click on the Common 
Questions links that appear on most pages of the ULS License Manager, 
or click the Help link in the upper right hand corner of the screen. 
Modifications to the non-exclusive nationwide license must be filed 
independent of any filing involving registration of fixed and base 
stations.
    Wireless licensees in the 3650 MHz band may assign or transfer 
their nationwide non-exclusive licenses using FCC Form 603. A licensee 
can only assign or transfer its entire non-exclusive license and it 
cannot engage in partitioning or disaggregation. Any fixed or base 
stations registered under a nationwide non-exclusive license will 
remain associated with that license during a full assignment or 
transfer. Licensees can NOT file applications on Form 603 to ``assign'' 
individual stations registered under their nationwide non-exclusive 
license to another nationwide non-exclusive licensee. Rather, licensees 
are free to make and record such transactions by having the first 
licensee delete the registered station(s) from its license and having 
the second licensee register the station(s) under its license.

V. Modification of Fixed and Base Station Registrations

    Modifications to fixed or base station registrations must be done 
electronically through ULS. A licensee will initiate the modification 
process by going to the ULS web site and entering its FRN and password. 
Once the licensee is logged in, they should select ``My Licenses'' from 
the menu. At this point, the licensee will be presented with a list of 
call signs assigned to their FRN. The licensee should then click on the 
nationwide non-exclusive (NN radio service) call sign containing the 
station it wishes to modify, and then click on the link labeled 
``Register Locations.'' The licensees will then be presented with a 
list of stations associated with that license. Station registrations 
can be modified by clicking on the desired station link. The process 
described above must be repeated for each station to be modified.
    To amend the data on an individual station registration which is 
not yet in an ``Accepted'' status on ULS, the process is as follows: 
The licensee must go to the ULS Web site and enter its FRN and 
password. Then the licensee should click on the link labeled ``My 
Applications'' and then click on the link labeled ``Pending'' to 
display a list of applications, which will include pending 
registrations. The pending station registration can be amended by 
clicking on the file number of the desired pending registration and 
then clicking on the link labeled ``Update.'' Under electronic filing, 
the previously entered data from Schedule M will be displayed and the 
licensee will be allowed to change the data. The process described 
above must be repeated for each pending registration that is to be 
amended.

VI. Filing and Regulatory Fees

    The 3650 MHz band is licensed as a land mobile service, under part 
90 of the FCC's Rules, for non-exclusive wireless operations on a 
Commercial Mobile Radio Service (CMRS) basis and/or on a Private Mobile 
Radio Service (PMRS) basis.\22\ Such applications are subject to filing 
fees under section 1.1102 and regulatory fees under section 1.1152.\23\ 
The Commission's rules exempt certain applicants from filing and/or 
regulatory fees.\24\
---------------------------------------------------------------------------

    \22\ Commercial mobile radio service is a mobile service that 
is: (a)(1) Provided for profit, i.e., with the intent of receiving 
compensation or monetary gain; (2) an interconnected service; and 
(3) available to the public, or to such classes of eligible users as 
to be effectively available to a substantial portion of the public; 
or (b) the functional equivalent of such a mobile service described 
in paragraph (a). See 47 CFR 20.3. Private Mobile Radio Service is a 
mobile service that is neither a commercial mobile radio service nor 
the functional equivalent of a service that meets the definition of 
commercial mobile radio service. Id.
    \23\ See 47 CFR 1.1102 (item 6 sets filing fees for land mobile 
operations); 1.1152 (item 4 sets regulatory fee for PMRS land 
mobile, item 6 sets the regulatory fee for CMRS land mobile). 
Additional information about the fees is available in the Wireless 
Telecommunications Bureau Fee Guide. See infra note 26.
    \24\ See 47 CFR 1.1114, 1.1162 (exemptions from filing and 
regulatory fees, respectively).
---------------------------------------------------------------------------

    Listing the current fees in this public notice would disserve 
applicants because the Commission adjusts filing and regulatory fees 
periodically as required by several statutes.\25\ Applicants and 
licensees must check the Wireless Telecommunications Bureau Fee Filing 
Guide for current fees.\26\ Nonexempt applicants for nationwide non-
exclusive licenses in the 3650 MHz band will be subject to application 
filing and regulatory fee categories as follows:
---------------------------------------------------------------------------

    \25\ See 47 U.S.C. 158(b)(1), 159(b)(2).
    \26\ See http://www.fcc.gov/fees/appfees.html and click on the 
link to the latest Wireless Telecommunications Bureau Fee Filing 
Guide, or call 1-877-480-3201.
---------------------------------------------------------------------------

     New PMRS non-exclusive nationwide license applications: 
Fee type code PALR.\27\
---------------------------------------------------------------------------

    \27\ An application for authorization to provide common carrier 
radio service (Main Form Item 41), mobile radio service (Main Form 
Item 42), and service interconnected to the public telephone network 
(Main Form Item 43) should be filed using the PALM fee type code 
even if the application also seeks authority for non-common carrier 
radio service and/or private, internal communications (Item 41) and/
or for fixed operation (Item 42).
---------------------------------------------------------------------------

     New CMRS non-exclusive nationwide license applications: 
Fee type code PALM.
     Modification of PMRS or CMRS non-exclusive nationwide 
license applications: Fee type code PALM.
     PMRS or CMRS Assignments of Authorization: Fee type code 
PALM.
     PMRS or CMRS Transfers of Control applications: Fee type 
code PATM.

Individual transmitter location registrations on ULS are not subject to 
filing fees.

VII. Database Accuracy Procedures

    In the 2005 Order, the Commission stated that ``in order to keep 
the ULS

[[Page 74288]]

licensing and registration database accurate and up-to-date, we 
delegate to the WTB the authority to adopt rules regarding the 
reporting of database information including reporting of any license or 
station transfers. The WTB will issue a Public Notice seeking comment 
on these issues, if needed.'' \28\
---------------------------------------------------------------------------

    \28\ 2005 Order, 20 FCC Rcd at 6513-14 ] 32; see also 2005 Order 
at 6536 ] 103 (ordering clause granting WTB delegated authority ``to 
adopt requirements regarding the reporting of registration and 
licensing information, pertaining to the 3650 MHz Wireless Broadband 
Services, in the Universal Licensing System database.'').
---------------------------------------------------------------------------

    The public will be able to examine the registration database 
online, through ULS, to determine locations of fixed and base stations. 
More specifically, the database will allow applicants and licensees to 
identify the location of base and fixed stations in the 3650 MHz band 
to facilitate cooperation among users and protection of grandfathered 
stations from interference. The database will also permit the 
Commission to monitor the use of this spectrum as new technologies and 
services develop.
    Over time, the utility of the database will be diminished if 
registration data becomes outdated or otherwise inaccurate. Thus, we 
emphasize that the requirement to register fixed and base stations 
prior to operation is ongoing--operating previously registered but 
subsequently modified equipment or operating parameters would subject 
the operator to enforcement action. The Commission's rules also require 
registrations for unused fixed and base stations to be deleted.\29\ For 
purposes of this requirement, we will generally consider a fixed or 
base station to be ``unused'' if it has not operated for one year or 
more.\30\ Also, as noted above, licensees must update their base and 
fixed station registrations to reflect changes resulting from equipment 
manufacturer's software upgrades.
---------------------------------------------------------------------------

    \29\ See 47 CFR 90.1307.
    \30\ See generally 47 CFR 90.157(a) (``[u]nless stated otherwise 
in this part or in a station authorization * * * any station which 
has not operated for one year or more is considered to have been 
permanently discontinued.'').
---------------------------------------------------------------------------

    Additional reporting or periodic certification requirements may be 
necessary to maintain accurate and current data. However, rather than 
adopting or seeking comment on additional measures at this juncture, 
the WTB is reserving the right to revisit this matter in the future 
after the Bureau, as well as licensees, have the opportunity to gauge 
the effectiveness of the existing requirements for this new service.

Federal Communications Commission.
Joel D. Taubenblatt,
Acting Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 07-6229 Filed 12-28-07; 8:45 am]
BILLING CODE 6712-01-P