[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Proposed Rules]
[Pages 35181-35184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14721]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 74, 78, and 101

[WT Docket No. 10-153; DA 11-1011]


Wireless Backhaul; Further Inquiry Into Fixed Service Sharing of 
the 6875-7125 and 12700-13200 MHz Bands

AGENCY: Federal Communications Commission.

ACTION: Request for comments.

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SUMMARY: In this document, the Commission seeks additional, focused 
comment on certain issues raised in its Wireless Backhaul proceeding to 
remove regulatory barriers to the use of spectrum for backhaul and 
other point-to-point and point-to-multipoint communications and to 
increase efficient use of spectrum for backhaul, by updating regulatory 
classifications that may not have kept pace with the evolution of 
converged digital technologies. Specifically, we seek to supplement the 
record in this proceeding on the feasibility of sharing in the 7 and 13 
GHz bands, limiting the frequency ranges available for Fixed Service 
(FS) in order to ensure the continuation of electronic newsgathering 
operations, and the appropriate channelization scheme, coordination 
procedures, and capacity and loading requirements for the bands.

DATES: Submit comments on or before June 27, 2011.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. You may submit comments, identified by DA 11-
1011, WT Docket No. 10-153, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
    People with Disabilities: Contact the FCC to request reasonable 
accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: [email protected] or phone: (202) 
418-0530 or TTY: (202) 418-0432.

FOR FURTHER INFORMATION CONTACT: Charles Oliver, Broadband Division, 
Wireless Telecommunications Bureau, Federal Communications Commission, 
445 12th Street, SW., Washington, DC 20554, at (202) 418-1325 or via 
the Internet to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of a the Commission's 
document adopted and released by the FCC on June 7, 2011, in WT Docket 
No. 10-153. The full text of this document is available for inspection 
and copying during normal business hours in the FCC Reference 
Information Center, Room CY-A257, 445 12th Street, SW., Washington, DC 
20554. The complete text may be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (202) 
488-5300, facsimile (202) 488-5563, or via e-mail at [email protected]. 
The complete text is also available on the Commission's Web site at 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1011A1.doc. 
Alternative formats (computer diskette, large print, audio cassette, 
and Braille) are available by contacting Brian Millin at (202) 418-
7426, TTY (202) 418-7365, or via e-mail to [email protected].

Summary

    1. On August 5, 2010, the Commission commenced a proceeding to 
remove regulatory barriers to the use of spectrum for wireless backhaul 
and other point-to-point and point-to-multipoint communications. The 
proceeding sought to increase efficient use of spectrum for backhaul, 
by updating regulatory classifications that may not have kept pace with 
the evolution of converged digital technologies.
    2. Feasibility of FS Sharing in BAS and CARS Bands: The Wireless 
Backhaul NPRM/NOI proposed to allow FS operations to share the 6875-
7125 MHz (7 GHz Band) and 12700-13200 MHz (13 GHz band) bands currently 
used by the Broadcast Auxiliary Service (BAS) and the Cable TV Relay 
Service (CARS). The Commission stated its intention to protect existing 
licensees, through use of existing frequency coordination procedures. 
There are currently both fixed and mobile BAS and CARS operations in 
the 7 and 13 GHz bands. Fixed BAS in those bands include television 
studio-to-transmitter links, television relay stations, and television 
translator relay stations. CARS stations are authorized to relay 
various types of signals intended for use by cable television systems 
or other eligible systems. Mobile BAS includes television pickup 
stations and CARS pickup stations (``TV pickup stations''), which are 
authorized to transmit program material, orders concerning such program 
material, and related communications from the scenes of events 
occurring in places other than a television studio to associated 
television stations. TV pickup stations in these bands are licensed 
either for a radius around a set of coordinates or in the vicinity of a 
given television market. In addition, there are a limited number of 
Local Television Transmission Service (LTTS) stations in the 7 and 13 
GHz bands authorized pursuant to Sec.  101.803(b) of the Commission's 
rules.
    3. In the Wireless Backhaul NPRM/NOI, the Commission proposed to 
require frequency coordination for new FS, BAS, and CARS applications 
in the 7 and 13 GHz bands. Under the current rules, all FS and fixed 
BAS and CARS stations above 2110 MHz must use the prior coordination 
notice procedure described in Sec.  101.103(d) of the Commission's 
rules. LTTS licenses in the 7 and 13 GHz bands contain special 
conditions that require use of the prior coordination notice procedure 
before they operate in any given area. TV pickup stations and temporary 
fixed facilities may coordinate using less formal procedures, including 
using local frequency coordination committees. The Society of Broadcast 
Engineers (SBE) conducts a local frequency coordination program for BAS 
and CARS spectra.
    4. A majority of commenters express qualified support for the 
proposal to open the 7 and 13 GHz bands to part 101 FS operators, while 
several broadcasting-affiliated entities oppose the proposal. Both 
supporters and opponents of the proposal express concerns about how to 
protect existing electronic news-gathering operations using TV pickup 
stations from interference due to FS operations, and whether meaningful 
FS operation in the bands will be possible given the potential for such 
interference. In contrast, there appears to be little concern about the 
ability of FS to coexist with fixed BAS and CARS.
    5. WTB staff has conducted additional analysis of the 7 and 13 GHz 
bands. The results are depicted in several maps, which are available on 
the Commission's Web site at http://hraunfoss.fcc.gov/edocs--public/

[[Page 35182]]

attachmatch/DA-11-1011A2.doc, that show existing BAS and CARS 
operations in the 7 and 13 GHz bands. In light of this staff analysis, 
we seek additional comment to understand better the circumstances in 
which FS sharing of the 7 and 13 GHz bands with BAS and CARS might be 
practical. The analysis appears to indicate that, even if FS operations 
were totally excluded from the service areas of TV pickup stations and 
CARS facilities, there would be considerable areas where FS facilities 
could be licensed. For example, in the 7 GHz band in Minnesota, there 
is only one TV pickup station with a defined area of operation 
authorized in the entire state, and three additional stations 
authorized in adjacent states that have minimal overlapping area within 
the state of Minnesota. In comparison, the prevalence of fixed links in 
the adjacent 6525-6875 MHz bands shows much more extensive use of that 
band. It appears that opening the 7 and 13 GHz bands to FS operations 
could be of particular benefit in rural areas, where the spectrum is 
largely available. We also note that only one new BAS TV pickup license 
has been granted in the 7 GHz and 13 GHz bands in the last two years. 
Moreover, the Fixed Wireless Communications Coalition (FWCC) reports 
that BAS and CARS path and channel licensing, respectively, in the 13 
GHz band have dropped sharply in the last decade.
    6. We seek further input regarding whether imposing geographic 
restrictions on FS sharing in the 7 and 13 GHz bands would minimize 
interference potential between FS facilities and TV pickup stations. 
Specifically, the Commission could prohibit an FS station from locating 
its path within the service area of a co-channel TV pickup station. 
Additionally, the Commission could require FS operators to coordinate 
any new fixed links with TV pickup stations within the appropriate 
coordination zone of any new fixed link.
    7. We also seek comment on whether limiting new FS links in the 7 
and 13 GHz bands to those areas outside the service areas of TV pickup 
stations would address commenters' concerns regarding the potential for 
harmful interference. We invite comment on the staff analysis and the 
data reported by FWCC on 13 GHz utilization. Are there other factors 
the Commission should consider regarding bands' suitability for FS use 
in areas where TV pickup stations are not operating?
    8. Reserving Spectrum for Nationwide BAS Use. The Wireless Backhaul 
NPRM/NOI sought comment on making the 7 and 13 GHz band available for 
FS use and whether FS use would be compatible with existing uses in 
those bands. We now inquire whether the Commission should continue to 
reserve a portion of these bands exclusively for BAS and CARS 
operations, in order to enhance the ability of BAS and CARS to coexist 
with FS and facilitate nationwide use of BAS and CARS services. There 
are some differences in the rules governing BAS and CARS and those 
governing FS that might warrant such a reservation. For example, the 
Commission's rules authorize broadcasters to operate broadcast 
auxiliary facilities on a short-term basis on a secondary basis without 
prior Commission authorization. This provision may permit broadcasters 
to cover breaking news events in areas outside those covered by their 
TV pickup stations authorization.
    9. Consistent with the request for comment in the Wireless Backhaul 
NPRM/NOI on the ability of BAS and CARS to share with FS in the 7 and 
13 GHz bands, we seek comment on whether the Commission should continue 
to exclude FS facilities from the 7075-7125 MHz and 13.15-13.2 GHz 
bands, and reserve two 25 megahertz channels for BAS and CARS use in 
each band. In the 7 GHz band, reserving 7075-7125 MHz for BAS would 
mean that FS sharing could occur in the 6875-7075 MHz frequency range, 
which is contiguous to the 6525-6875 MHz band where FS operations are 
already authorized. In the 13 GHz band, this proposal would maintain 
the status quo in the 13.15-13.2 GHz band, which is currently reserved 
for TV pickup stations inside a 50 kilometer basis of the top 100 
television markets. We seek comment on whether this proposal will 
strike the appropriate balance between making FS spectrum available for 
backhaul and other uses and ensuring spectrum is available for critical 
newsgathering activities. We also seek comment on other alternatives 
for reserving capacity for BAS and CARS. We also seek comment on how 
alternative technologies for providing video coverage of live events 
may affect the need to exclude FS from a portion of these bands.
    10. Channelization Plans: In the Wireless Backhaul NPRM/NOI, noting 
that existing operations in the 7 and 13 GHz band used 25 megahertz 
bandwidth channels, the Commission proposed to make a variety of 
channel bandwidths available for both FS and BAS use, and to list such 
channel bandwidths in our rules, consistent with our practice in other 
FS bands. The Commission also sought comment on alternative 
channelization schemes. Several commenters, including FWCC and EIBASS, 
express concern that allowing 10 and 30 megahertz channels would 
preclude operation on multiple 25 megahertz channels used by BAS and 
result in wasted spectrum. EIBASS argues that the Commission already 
allows broadcasters to request signal bandwidths that are less than the 
standard channel bandwidth, and that there is no need to clutter the 
Commission's rules with a large list of arbitrarily chosen channel 
segments. With respect to the 13 GHz band, FWCC proposes a channel plan 
based on 28 megahertz channels.
    11. In light of the concerns raised by FWCC and EIBASS, we seek 
comment on whether the Commission should allow a maximum channel 
bandwidth of 25 megahertz for FS in the 7 and 13 GHz bands. We invite 
comment on whether a maximum 25 megahertz channel bandwidth would be 
useful to FS operators and whether equipment manufacturers would 
develop equipment for such a band plan.
    12. For the 7 GHz band, we seek comment on the following band plan:

25 MHz Bandwidth Channels

------------------------------------------------------------------------
     Transmit (receive)  (MHz)            Receive (transmit)  (MHz)
------------------------------------------------------------------------
                 6887.5                               6987.5
                 6912.5                               7012.5
                 6937.5                               7037.5
                 6962.5                               7062.5
------------------------------------------------------------------------

    For the 13 GHz band, we seek comment on the following channel plan 
based on 25 megahertz channels:

25 MHz Bandwidth Channels

------------------------------------------------------------------------
      Transmit (receive) (MHz)             Receive (transmit) (MHz)
------------------------------------------------------------------------
                12712.5                              12937.5
                12737.5                              12962.5
                12762.5                              12987.5
                12787.5                              13012.5
                12812.5                              13037.5
                12837.5                              13062.5
                12862.5                              13087.5
                12887.5                              13112.5
                12912.5                              13137.5
------------------------------------------------------------------------

    We also seek comment on the alternative band plan offered by FWCC 
based on 28 megahertz bandwidth channels, which it explains comes from 
the International Telecommunications Union:

------------------------------------------------------------------------
      Transmit (receive) (MHz)             Receive (transmit) (MHz)
------------------------------------------------------------------------
                  12765                                13031
                  12793                                13059
                  12821                                13087

[[Page 35183]]

 
                  12849                                13115
                  12877                                13143
                  12905                                13171
                  12933                                13199
                  12961                                13227
------------------------------------------------------------------------

    13. We also seek comment on EIBASS'' suggestion that FS operators 
be allowed to specify a lesser channel bandwidth without identifying 
such lesser channel bandwidths in our rules. We also seek comment on 
whether we should allow 50 megahertz channels in the 13 GHz band for 
FS, BAS, and CARS in order to allow systems to use wider channels to 
obtain higher data rates.
    14. Coordination Procedures: Several commenters express concern 
that permitting FS operations in the 7 and 13 GHz bands, subject to 
frequency coordination, will inhibit mobile electronic newsgathering 
and temporary fixed operation for video coverage of newsworthy events.
    15. If the Commission were to permit FS operations in the 7 and 13 
GHz bands only outside of the authorized service areas of TV pickup 
stations, as discussed in paragraphs 2-7 above, it could likewise 
maintain the existing requirements that FS and fixed BAS and CARS 
applicants coordinate using the more formal part 101 procedures. The 
Commission, however, could allow TV pickup stations and other temporary 
fixed operators to continue to use informal frequency coordination 
procedures within the authorized service areas of TV pickup stations. 
We seek comment on appropriate coordination procedures for FS with 
fixed BAS, CARS stations, and TV pickup stations in shared frequencies, 
especially in light of geographic restrictions the Commission may 
adopt.
    16. Capacity and Loading Requirements: The Wireless Backhaul NPRM/
NOI proposed to apply the Fixed Services minimum capacity and loading 
requirements to the 6875-7125 MHz and 12700-13200 MHz bands. While 
several commenters support that proposal, SBE and EIBASS express 
concern. SBE states that BAS links in the 7 and 13 GHz bands are used 
for intercity relay backhaul from distant electronic news-gathering 
sites, and have no content and no modulation on them until a new live 
shot is tuned in and transmitting. SBE argues that such necessary usage 
would be prohibited by the proposed rule change. EIBASS echoes SBE's 
concern, and proposes certain exemptions to address the concern.
    17. With respect to this issue, we note that the NPRM did not 
propose to apply the capacity and loading criteria to operations 
authorized under part 74 and part 78, such as TV studio-transmitter 
links and intercity relays, but rather only to the FS operations 
authorized under part 101. In addition, Sec.  101.141(a)(5) of the 
rules exempts transmitters carrying digital video motion material from 
the capacity and loading requirements of Sec. Sec.  101.141(a)(2) and 
(3), provided that at least 50 percent of the payload is digital video 
motion material and the minimum bit rate specified in Sec.  
101.141(a)(1) is met, i.e., that the bit rate, in bits per second, is 
equal to or greater than the bandwidth measured in Hertz. We seek 
comment on the extent to which this existing exemption addresses the 
concerns expressed by SBE and EIBASS. In what ways, if any, should this 
exemption be modified before it can be applied to the 6875-7125 MHz and 
12700-13200 MHz bands?

Procedural Matters

    18. Ex Parte Rules--Permit-But-Disclose. This matter shall be 
treated as a ``permit-but-disclose'' proceeding in accordance with the 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) List all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Comment Period and Procedures

    19. The Wireless Backhaul NPRM/NOI included an Initial Regulatory 
Flexibility Analysis (IRFA) pursuant to 5 U.S.C. 603, exploring the 
potential impact on small entities of the Commission's proposal. We 
invite parties to file comments on the IRFA in light of this additional 
notice.
    20. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or 
before June 27, 1011. Comments may be filed using: (1) The Commission's 
Electronic Comment Filing system (ECFS), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: http://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
    For ECFS filers, if multiple docket or rulemaking numbers appear in 
the caption of this proceeding, filers must transmit one electronic 
copy of the comments for each docket or rulemaking number referenced in 
the caption. In completing the transmittal screen, filers should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Comments shall be sent as an 
electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket number. Parties may also submit an electronic comment 
by Internet e-mail. To get filing instructions for e-mail comments, 
commenters should send an e-mail to [email protected], and include the 
following words in the body of the message, ``get form.'' A sample form 
and directions will be sent in response.
     Paper filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number

[[Page 35184]]

appears in the caption of this proceeding, filers must submit two 
additional copies for each additional docket or rulemaking number.
     Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission, 
445 12th Street, SW., Washington, DC 20554.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street, SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. The filing 
hours at this location are 8 a.m. to 7 p.m. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class, Express, and Priority mail must be addressed to 
445 12th Street, SW., Washington, DC 20554.
     Parties shall also serve one copy with the Commission's 
copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, (202) 488-5300, 
or via e-mail to [email protected].
     People with Disabilities: To request materials in 
accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an e-mail to [email protected] or 
call the Consumer & Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (tty).
     Availability of Documents: Documents in WT Docket No. 10-
153 will be available for public inspection and copying during business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC 20554. The documents may also 
be purchased from BCPI, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, (202) 488-5300, (202) 488-5563 (fax), (202) 488-
5562 (tty), or via to [email protected].

Ordering Clause

    21. This action is taken under delegated authority pursuant to 
Sec. Sec.  0.131 and 0.331 of the Commission's rules, 47 CFR 0.131, 
0.331.

Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2011-14721 Filed 6-15-11; 8:45 am]
BILLING CODE 6712-01-P