[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Proposed Rules]
[Pages 41343-41351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15169]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 22

[GN Docket No. 13-114; FCC 13-66]


Expanding Access to Broadband and Encouraging Innovation Through 
Establishment of an Air-Ground Mobile Broadband Secondary Service for 
Passengers Aboard Aircraft in the 14.0-14.5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Communications Commission (Commission) proposes an 
allocation in the 14.0-14.5 GHz band to permit operation of an air-
ground mobile broadband service in the contiguous United States. The 
Commission proposes a secondary allocation for air-ground mobile 
broadband, and requires new air-ground mobile broadband licensees to 
avoid harmful interference to the Fixed-Satellite Service and prior-
licensed Federal Fixed Service, Mobile Service, and Space Research 
Service users in the 14.0-14.5 GHz band, and to coordinate with the 
Radio Astronomy Service to avoid interference to radio astronomy 
observations. The Commission also proposes to license air-ground mobile 
broadband on a nationwide basis, and seeks comment on whether it should 
license air-ground mobile broadband in two spectrum blocks of 250 
megahertz each, one spectrum block of 500 megahertz, or some other 
spectrum block size. The Commission proposes to grant licenses by 
auction in the case of mutually exclusive applications.

DATES: Submit comments on or before August 26, 2013, and replies on or 
before September 23, 2013. Paperwork Reduction Act (PRA) comments 
should be on or before September 9, 2013.

ADDRESSES: Address comments concerning this proposed rule to the 
Secretary, Federal Communications Commission, 445 12th Street SW., 
Washington, DC 20554. U.S. Postal Service first-class, Express, and 
Priority mail must be addressed to 445 12th Street SW., Washington DC 
20554.
    Commercial overnight mail other than U.S. Postal Service Express 
Mail and Priority Mail must be sent to the Secretary, Federal 
Communications Commission, 9300 East Hampton Drive, Capitol Heights, MD 
20743.
    PRA comments should be submitted to Cathy Williams, Federal 
Communications Commission via email at [email protected] and 
[email protected] and Nicholas A. Fraser, Office of Management and 
Budget via fax at 202-395-5167 or via email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Notice of Proposed 
Rulemaking, GN Docket No. 13-114, FCC 13-66, adopted May 9, 2013, and 
released May 9, 2013. The full text of the Notice of Proposed 
Rulemaking is available for inspection and copying during normal 
business hours in the FCC Reference Center, 445 12th Street SW., 
Washington, DC 20554. The document also is available for download over 
the Internet at http://transition.fcc.gov/Daily_Releases/Daily_Business/2011/db0513/FCC-11-76A1.pdf.
    The complete text also may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI), located in Room CY-
B402, 445 12th Street SW., Washington, DC 20554. Customers may contact 
BCPI at its Web site: http://www.bcpiweb.com or call 1-800-378-3160.

Comment Filing Procedures

    Pursuant to 47 CFR 1.415, 1.419, interested parties may file 
comments and reply comments on or before the dates indicated above. 
Comments may be filed electronically or by hand delivery. See 
Electronic Filing of

[[Page 41344]]

Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
    [cir] Electronic Filers: Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS) at http://fjallfoss.fcc.gov/ecfs2/. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number 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. All hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary must be delivered to FCC Headquarters at 445 12th St. SW., 
Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 
7:00 p.m. All hand deliveries must be held together with rubber bands 
or fasteners. Any envelopes and boxes must be disposed of before 
entering the building.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected], phone: 202-418-0530 
or TTY: 202-418-0432.

FOR FURTHER INFORMATION CONTACT: Howard Griboff or Sean O'More, Policy 
Division, International Bureau, FCC, (202) 418-1460 or via the Internet 
at: [email protected] and Sean.O'[email protected]. On PRA matters 
contact Cathy Williams, Office of the Managing Director, FCC, (202) 
418-2918 or via the Internet at: [email protected].

Paperwork Reduction Act Analysis

    The Notice of Proposed Rulemaking contains proposed new information 
collection requirements. The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public and the 
Office of Management and the Budget to comment on the information 
collection requirements contained in this document, as required by the 
Paperwork Reduction Act of 1995, Public Law 104-13. 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 Commission seeks comment on how 
it might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    Comments should address: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment 
on how we might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''
    To view or obtain a copy of this information collection request 
(ICR) submitted to OMB: (1) Go to this OMB/GSA Web page: http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web 
page called ``Currently Under Review,'' (3) click on the downward-
pointing arrow in the ``Select Agency'' box below the ``Currently Under 
Review'' heading, (4) select ``Federal Communications Commission'' from 
the list of agencies presented in the ``Select Agency'' box, (5) click 
the ``Submit'' button to the right of the ``Select Agency'' box, and 
(6) when the list of FCC ICRs currently under review appears, look for 
the OMB control number of this ICR as shown in the Supplementary 
Information section below (or its title if there is no OMB control 
number) and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.
    OMB Control Number: 3060-XXXX.
    Title: Air-Ground Mobile Broadband.
    Form Number: Not Applicable.
    Type of Review: New Information Collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 15 respondents; 15 responses.
    Estimated Hours per Response: 6 hours (average).
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 90 hours.
    Total Annual Costs: $8,250.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection is contained in sections 4(i), 
4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r) and 
303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), 
303(y).
    Confidentiality: The Commission does not provide assurances of 
confidentiality to entities submitting their filings and applications. 
However, entities may request confidential treatment of their 
applications and filings under 47 CFR 0.459 of the Commission's rules. 
With regard to certifications filed pursuant to part 2 of the 
Commission's rules, parties receive minimal exemption from the Freedom 
of Information Act (FOIA).
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: The purpose of this new information collection is 
to address the Paperwork Reduction Act (PRA) requirements proposed in 
the Commission's NPRM (FCC 13-66) to establish rules for the licensing 
of the air-ground broadband service. In the NPRM, the Commission 
proposes new information collection requirements applicable to 
potential air-ground broadband service licensees. The proposed rule 
changes include applying the information requirements and procedures 
currently in part 1 of the Commission's rules to applications for air-
ground mobile broadband licenses. The Notice also proposes to require 
new air-ground mobile broadband licensees to complete coordination 
agreements with licensees in the National Aeronautics and Space 
Administration's Tracking and Data Relay Satellite Service and with 
radio astronomy observatories. Further, the Notice invites comment on 
whether to adopt interim reporting requirements to ensure that 
licensees are making timely and quantifiable progress on their 
obligations to construct and provide service. If the Commission adopted 
a rule requiring interim reporting requirements, the rule would 
presumably require the licensee to demonstrate in some manner that it 
has taken efforts to construct its air-ground mobile broadband system. 
In addition, the Notice proposes requiring licensees to file a 
notification within 15 days of the end of their ten-year license term 
demonstrating that they have met their build-out requirements. 
Specifically, each construction notification would include electronic 
coverage maps and supporting documentation, which must

[[Page 41345]]

be truthful and accurate and must not omit material information that is 
necessary for the Commission to determine compliance with its 
construction requirement. Also, the Notice proposes requiring 
applicants for renewal licenses to file a detailed renewal showing, 
demonstrating that they are providing service to the public or are 
using the spectrum for private, internal communication to the extent 
permitted by the Commission, and substantially complying with the 
Communications Act, and the Commission's rules and policies, including 
any applicable performance requirements.

Summary of Notice of Proposed Rulemaking

    In the Notice of Proposed Rulemaking (Notice), the Federal 
Communications Commission (Commission) continues to address consumer 
demand for more broadband access aboard aircraft. The Commission 
proposes to establish an air-ground mobile broadband service to help 
meet demand from travelers to connect to a full range of communications 
services while flying in the contiguous United States.
    The Commission proposes to add a secondary allocation to the 14.0-
14.5 GHz band for air-ground mobile broadband. The 14.0-14.5 GHz band 
is allocated on a primary basis to the Fixed-Satellite Service (FSS) 
for Earth-to-space communications, and is currently used by several 
geostationary-orbit (GSO) FSS systems. The 14.0-14.2 GHz sub-band is 
allocated on a secondary basis to the Space Research Service, and is 
used by the National Aeronautics and Space Administration's Tracking 
and Data Relay Satellite Service (TDRSS). The 14.4-14.5 GHz sub-band is 
allocated on a secondary basis to the Fixed Service and the Mobile 
Service for Federal government use. The 14.47-14.5 GHz sub-band is 
allocated to the Radio Astronomy Service (RAS) on a permissive basis.
    Air-ground mobile broadband would use spatial diversity to avoid 
interference to the FSS, transmitting only northward from each base 
station, while GSO FSS satellites are all south of the United States. 
Airborne stations would avoid interference to the FSS by transmitting 
only downward. The Commission proposes to require air-ground mobile 
broadband licensees to coordinate with TDRSS licensees and RAS sites as 
a condition of beginning operations. The Commission also notes that 
air-ground mobile broadband licenses will be required to avoid causing 
harmful interference to prior-licensed Federal users, and seeks comment 
on whether it should impose coordination requirements with Federal 
licensees on air-ground mobile broadband licensees.
    The Commission proposes to license air-ground mobile broadband on a 
nationwide basis, and requests comment on whether air-ground mobile 
broadband should be licensed in two spectrum blocks of 250 megahertz 
each, one spectrum block of 500 megahertz, or some other spectrum block 
size. The Commission proposes to adopt a geographic area licensing 
approach for the 14.0-14.5 GHz band that would permit the filing and 
acceptance of mutually exclusive applications that it would be required 
to resolve through competitive bidding consistent with the mandate of 
section 309(j) of the Communications Act. Accordingly, the Commission 
seeks comment on a number of proposals relating to competitive bidding 
for licenses for spectrum in the 14.0-14.5 GHz band. The Commission 
proposes to conduct any auction for air-ground mobile broadband 
licenses in the 14.0-14.5 GHz band in conformity with the general 
competitive bidding rules set forth in part 1, subpart Q of the 
Commission's rules, 47 CFR 1.2101-1.2114, and substantially consistent 
with the competitive bidding procedures that it has employed in 
previous auctions. Specifically, the Commission proposes to employ the 
part 1 rules governing competitive bidding design, designated entity 
preferences, unjust enrichment, application and payment procedures, 
reporting requirements, and the prohibition on certain communications 
between auction applicants. Such rules would be subject to any 
modifications that the Commission may adopt for its part 1 general 
competitive bidding rules in the future. In addition, consistent with 
the Commission's long-standing approach, auction-specific matters such 
as the competitive bidding design and mechanisms, as well as minimum 
opening bids and/or reserve prices, would be determined by the Wireless 
Telecommunications Bureau pursuant to its delegated authority.
    The Commission also proposes to make small business bidding credits 
available for the 14.0-14.5 GHz air-ground mobile broadband service. 
Its proposal to offer small business bidding credits is based on the 
belief that deployment and operational costs may be significantly lower 
than for other previously-authorized nationwide services such as the 
Direct Broadcast Satellite Service and Digital Audio Radio Satellite 
Service, because the necessary infrastructure may be less costly. The 
Commission also suggests that the capital requirements of providing 
commercial air-ground mobile broadband service in the 14.0-14.5 GHz 
band may generally be similar to the capital requirements of providing 
commercial air-ground service in the 800 MHz band, a nationwide service 
for which the Commission decided to offer bidding credits. The 
Commission seeks comment on whether small businesses may be able to 
attract the necessary capital to provide air-ground mobile broadband 
service, particularly if they are assisted by bidding credits.
    The Commission proposes to use the same small business definitions 
it has adopted for other capital-intensive services that serve large 
geographic areas. Specifically, it proposes to define a small business 
as an entity with average annual gross revenues for the three preceding 
years not exceeding $40 million, and to define a very small business as 
an entity with average annual gross revenues for the three preceding 
years not exceeding $15 million. The Commission also proposes a 15 
percent bidding credit for small businesses and a 25 percent bidding 
credit for very small businesses, as set forth in its standardized 
schedule at 47 CFR 1.2110(f)(2). These are the same tiered small 
business definitions and bidding credits that the Commission adopted 
for licenses for the 800 MHz commercial Air-Ground Radiotelephone 
Service, and for EAG-based licenses in the upper and lower 700 MHz 
bands.
    The Commission also seeks comment on whether its proposed 
designated entity provisions, if applied to an air-ground mobile 
broadband service, would promote participation by businesses owned by 
minorities and by women, as well as participation by rural telephone 
companies. To the extent that commenters propose additional provisions 
to enhance participation by minority-owned or women-owned businesses, 
commenters should address how the Commission should craft such 
provisions to meet the relevant standards of judicial review.
    The Commission proposes technical standards to minimize the 
possibility of interference from air-ground mobile broadband to the 
FSS. The Commission also proposes to require that air-ground mobile 
broadband-equipped aircraft cease operations when flying in Canadian 
airspace. Finally, the Commission proposes to require air-ground mobile 
broadband licensees to adhere to the provisions of the Communications 
Assistance to Law Enforcement Act.

[[Page 41346]]

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA),\1\ the Commission has prepared this present Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on a substantial number of small entities by the policies and rules 
proposed in the Notice of Proposed Rulemaking (Notice) in GN Docket No. 
13-114. Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines specified in the Notice for comments. The Commission will 
send a copy of the Notice, including this IRFA, to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA).\2\ In 
addition, the Notice and IRFA (or summaries thereof) will be published 
in the Federal Register.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, (SBREFA) Public Law 104-121, Title II, 110 Stat. 857 (1996).
    \2\ See 5 U.S.C. 603(a).
    \3\ See 5 U.S.C. 603(a).
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A. Need for, and Objectives of, the Notice

    The Notice seeks to promote more intensive use of spectrum and 
spectrum sharing in order to provide passengers aboard aircraft flying 
over the United States with expanded access to broadband service. The 
air-ground mobile broadband service proposed would allow terrestrial-
based air-ground mobile broadband systems to provide service in the 
14.0-14.5 GHz band, while at the same time protecting Fixed-Satellite 
Service (FSS) operations in the band and accommodating other users of 
the band, including Federal government licensees in the Fixed and 
Mobile Services, the Space Research Service, and the Radio Astronomy 
Service (RAS).

B. Legal Basis

    The proposed action is authorized pursuant to sections 4(i), 4(j), 
7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), and 
303(y) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 303(r), 
303(y).

C. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein.\4\ The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' \5\ In addition, the term ``small business'' has the 
same meaning as the term ``small business concern'' under the Small 
Business Act.\6\ A small business concern is one that: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.\7\ Below, we further describe and estimate the number of small 
entity licensees that may be affected by the adopted rules.
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    \4\ 5 U.S.C. 604(a)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to the 
RFA, the statutory definition of a small business applies ``unless 
an agency, after consultation with the Office of Advocacy of the 
Small Business Administration and after the opportunity for public 
comment, establishes one or more definitions of such term which are 
appropriate to the activities of the agency and publishes such 
definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ Small Business Act, 15 U.S.C. 632 (1996).
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D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    The Notice proposes a number of rule changes that could affect the 
reporting, recordkeeping, and other compliance requirements for small 
businesses licensed to provide the contemplated new service. Among 
other things, these proposed rule changes include applying the 
information requirements and procedures currently in part 1 of the 
Commission's rules to applications for air-ground mobile broadband 
licenses.
    The Notice also proposes to require new air-ground mobile broadband 
licensees to complete coordination agreements with licensees in the 
National Aeronautics and Space Administration's Tracking and Data Relay 
Satellite Service and with radio astronomy observatories.
    Further, the Notice invites comment on whether to adopt interim 
reporting requirements to ensure that licensees are making timely and 
quantifiable progress on their obligations to construct and provide 
service. If the Commission adopted a rule requiring interim reporting 
requirements, the rule would presumably require the licensee to 
demonstrate in some manner that it has taken efforts to construct its 
air-ground mobile broadband system.
    In addition, the Notice proposes requiring licensees to file a 
notification within 15 days of the end of their ten-year license term 
demonstrating that they have met their build-out requirements. 
Specifically, each construction notification would include electronic 
coverage maps and supporting documentation, which must be truthful and 
accurate and must not omit material information that is necessary for 
the Commission to determine compliance with its construction 
requirement.
    Also, the Notice proposes requiring applicants for renewal licenses 
to file a detailed renewal showing, demonstrating that they are 
providing service to the public or are using the spectrum for private, 
internal communication to the extent permitted by the Commission, and 
substantially complying with the Communications Act, and the 
Commission's rules and policies, including any applicable performance 
requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    The RFA requires that, to the extent consistent with the objectives 
of applicable statutes, the analysis shall discuss significant 
alternatives such as: (1) The establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) the clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for small entities; (3) the use of 
performance, rather than design, standards; and (4) an exemption from 
coverage of the rule, or any part thereof, for small entities.\8\
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    \8\ 5 U.S.C. 603(c)(1), (c)(4).
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    The Notice solicits comment on alternatives to the proposed rules 
for air-ground mobile broadband in the 14.0-14.5 GHz band.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ordering Clauses

    It is ordered that, pursuant to the authority contained in sections 
4(i), 4(j), 7(a), 302(a), 303(c), 303(e), 303(f), 303(g), 303(j), 
303(r), and 303(y) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 157(a), 302(a), 303(c), 303(e), 303(f), 303(g), 
303(j), 303(r), 303(y), this Notice of Proposed Rulemaking in GN Docket 
No. 13-114 is adopted. It is further ordered pursuant to sections 4(i) 
and (j) and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), (j), 303(r), and Sec.  1.407 of the

[[Page 41347]]

Commission's rules, 47 CFR 1.407, that the Petition for Rulemaking 
filed by Qualcomm, Inc. on July 7, 2011, is granted to the extent 
provided in this Notice.

List of Subjects in 47 CFR Parts 2 and 22

    Communications, Satellites, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 2 and 22 as 
follows:

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
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.

0
2. Section 2.106, the Table of Frequency Allocations, is amended as 
follows:
0
a. Page 49 is revised.
0
b. In the list of United States (US) Footnotes, footnote US133 is 
revised.
    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
BILLING CODE 6712-01-P

[[Page 41348]]

[GRAPHIC] [TIFF OMITTED] TP10JY13.042

BILLING CODE 6712-01-C

[[Page 41349]]

* * * * *

United States (US) Footnotes

* * * * *
    US133 In the bands 14.0-14.2 GHz and 14.47-14.5 GHz, the following 
provisions shall apply to the operations of Earth Stations Aboard 
Aircraft (ESAA) and to the Aeronautical Mobile Service (AMS):
    (a) In the band 14.0-14.2 GHz, ESAA and AMS licensees planning to 
operate within radio line-of-sight of the coordinates specified in 47 
CFR 25.227(c) are subject to prior coordination with NTIA in order to 
minimize harmful interference to the earth stations of NASA's Tracking 
and Data Relay Satellite System (TDRSS).
    (b) In the band 14.47-14.5 GHz, operations within radio line-of-
sight of the radio astronomy stations specified in 47 CFR 25.226(d)(2) 
are subject to coordination with the National Science Foundation in 
accordance with 47 CFR 25.227(d).
* * * * *

PART 22--PUBLIC MOBILE SERVICES

0
3. The authority citation for Part 22 continues to read as follows:

    Authority:  47 U.S.C. 154, 222, 303, 309, and 332.

0
4. Add Sec.  22.232 to subpart B to read as follows:


Sec.  22.232  14.0-14.5 GHz band subject to competitive bidding.

    Mutually exclusive initial applications for 14.0-14.5 GHz band 
licenses are subject to competitive bidding. The general competitive 
bidding procedures set forth in 47 CFR part 1, Subpart Q will apply 
unless otherwise provided in this subpart.
0
5. Add Sec.  22.233 to subpart B to read as follows:


Sec.  22.233  Designated entities in the 14.0-14.5 GHz bands.

    (a) Eligibility for small business provisions. (1) A small business 
is an entity that, together with its affiliates, its controlling 
interests, the affiliates of its controlling interests, and the 
entities with which it has an attributable material relationship, has 
average gross revenues not exceeding $40 million for the preceding 
three years.
    (2) A very small business is an entity that, together with its 
affiliates, its controlling interests, the affiliates of its 
controlling interests, and the entities with which it has an 
attributable material relationship, has average gross revenues not 
exceeding $15 million for the preceding three years.
    (b) Bidding credits. A winning bidder that qualifies as a small 
business as defined in this section or a consortium of small businesses 
may use the bidding credit specified in Sec.  1.2110(f)(2)(iii) of this 
chapter. A winning bidder that qualifies as a very small business as 
defined in this section or a consortium of very small businesses may 
use the bidding credit specified in Sec.  1.2110(f)(2)(ii) of this 
chapter.
0
6. Add subpart K to read as follows:

Subpart K--Air-Ground Mobile Broadband Service

Sec.
22.1100 Scope.
22.1101 Definitions associated with air-ground mobile service.
22.1102 Permissible communications.
22.1104 Frequencies.
22.1106 Service areas.
22.1110 Regulatory status.
22.1111 Eligibility.
22.1112 License period.
22.1113 Construction requirements.
22.1114 Renewal criteria.
22.1115 Geographic partitioning and spectrum disaggregation.
22.1116 Initial authorization.
22.1118 Discontinuance of service.
22.1120 Protecting GSO satellite systems from harmful interference 
from air-ground mobile broadband.
22.1122 Out of band emissions (OOBE) requirement for two separate 
air-ground mobile broadband systems.


Sec.  22.1100  Scope.

    This subpart governs the licensing and operation of the air-ground 
mobile broadband service in the 14.0-14.5 GHz band. The licensing and 
operation of these stations and systems is also subject to rules 
elsewhere in this part that apply generally to the public mobile 
services. However, in case of conflict, this subpart governs.


Sec.  22.1101  Definitions associated with air-ground mobile service.

    Air-Ground Mobile Broadband Equipped Aircraft. Aircraft equipped 
with air-ground mobile broadband communications technology.
    Air-Ground Mobile Broadband Service. An air-ground mobile broadband 
service that operates in the 14.0 to 14.5 GHz band and provides high-
data-rate connectivity between terrestrial ground stations and aircraft 
stations flying above the contiguous United States (``CONUS'').
    Base Stations. Fixed terrestrial-based air-ground mobile broadband 
communications stations that provide air-ground mobile broadband to 
air-ground mobile broadband equipped aircraft.


Sec.  22.1102  Permissible communications.

    The 14.0-14.5 GHz band may be used to provide air-ground mobile 
broadband. Such service shall be provided in a manner consistent with 
Sec.  2.106 of this chapter.


Sec.  22.1104  Frequencies.

    Two channel block(s) are available for assignment in the 14.0-14.5 
GHz air-ground mobile broadband service:
    (a) A Block: 14.0-XX.XX GHz
    (b) [B Block: XX.XX-14.5 GHz]


Sec.  22.1106  Service areas.

    Service areas for 14.0-14.5 GHz air-ground mobile broadband are 
available on a nationwide basis. For the purposes of this paragraph, 
``nationwide'' refers to a geographic market area covering the 
contiguous United States, i.e. the United States excluding Alaska, 
Hawaii, and island territories.


Sec.  22.1110  Regulatory status.

    (a) Single authorization. Authorization will be granted to provide 
any or a combination of the following services in a single license: 
Common carrier, non-common carrier, private internal communications, 
and broadcast services. A licensee may render any kind of 
communications service consistent with the regulatory status in its 
license and with the Commission's rules applicable to that service. An 
applicant or licensee may submit a petition at any time requesting 
clarification of the regulatory status for which authorization is 
required to provide a specific communications service.
    (b) Designation of regulatory status in initial application. An 
applicant shall specify in its initial application if it is requesting 
authorization to provide common carrier, non-common carrier, private 
internal communications, or broadcast services, or a combination 
thereof.
    (c) Amendment of pending applications. The following rules apply to 
amendments of a pending application.
    (1) Any pending application may be amended to:
    (i) Change the carrier regulatory status requested, or
    (ii) Add to the pending request in order to obtain common carrier, 
non-common carrier, private internal communications, or broadcast 
services status, or a combination thereof, in a single license.
    (2) Amendments to change, or add to, the carrier regulatory status 
in a pending application are minor amendments filed under Sec.  1.927 
of this chapter.
    (d) Modification of license. The following rules apply to 
amendments of a license.
    (1) A licensee may modify a license to:

[[Page 41350]]

    (i) Change the regulatory status authorized, or
    (ii) Add to the status authorized in order to obtain a combination 
of services of different regulatory status in a single license.
    (2) Applications to change, or add to, the carrier status in a 
license are modifications not requiring prior Commission authorization. 
The licensee must notify the Commission within 30 days of the change. 
If the change results in the discontinuance, reduction, or impairment 
of an existing service, the licensee is subject to the provisions of 
Sec.  22.1118.


Sec.  22.1111  Eligibility.

    Any entity other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, is eligible to 
hold a license under this part.


Sec.  22.1112  License period.

    Initial authorizations will have a term not to exceed ten years 
from the date of initial issuance or renewal.


Sec.  22.1113  Construction requirements.

    Licensees of 14.0-14.5 GHz air-ground mobile broadband, must, as a 
performance requirement, make a showing of ``substantial service'' in 
their license area within the prescribed license term set forth in 
Sec.  22.1112.
    (a) ``Substantial service'' is defined as service which is sound, 
favorable and substantially above a level of mediocre service which 
just might minimally warrant renewal. Failure by any licensee to meet 
this requirement will result in forfeiture of the license and the 
licensee will be ineligible to regain it.
    (b) Each 14.0-14.5 GHz air-ground mobile broadband system subject 
to the requirements of this section must demonstrate substantial 
service within 10 years after grant of the authorization. Substantial 
service may be demonstrated by, but is not limited to, the following 
``safe harbor'' provision: The construction and operation of ground 
stations that provides robust, uninterrupted service on routes serving 
at least 50 airports classified as large or medium hubs (as measured by 
the most recent Federal Aviation Administration data for annual 
passenger enplanements) within ten years of license grant.


Sec.  22.1114  Renewal criteria.

    Air-ground mobile broadband licensees in the 14.0-14.5 GHz band 
must file a renewal application in accordance with the provisions set 
forth in Sec.  1.949, and must make a showing of substantial service, 
independent of its performance requirements, as a condition for renewal 
at the end of each license term.


Sec.  22.1115  Geographic partitioning and spectrum disaggregation.

    (a) Eligibility. (1) Parties seeking approval for partitioning and 
disaggregation shall request from the Commission an authorization for 
partial assignment of a license pursuant to Sec.  1.948.
    (2) Licensees in 14.0-14.5 GHz air-ground mobile broadband may 
apply to partition their licensed geographic service area or 
disaggregate their licensed spectrum at any time following the grant of 
their licenses.
    (b) Filing requirements. Parties seeking approval for geographic 
partitioning, spectrum disaggregation, or a combination of both must 
apply for a partial assignment of authorization by filing FCC Form 603 
pursuant to Sec.  1.948 of this chapter. Each request for geographic 
partitioning must include an attachment defining the perimeter of the 
partitioned area by geographic coordinates to the nearest second of 
latitude and longitude, based upon the 1983 North American Datum 
(NAD83). Alternatively, applicants may specify an FCC-recognized 
service area (e.g., Basic Trading Area, Economic Area, Major Trading 
Area, Metropolitan Service Area, or Rural Service Area), county, or 
county equivalent, in which case, applicants need only list the 
specific FCC-recognized service area, county, or county equivalent 
names comprising the partitioned area.
    (c) License term. The license term for a partitioned license area 
or disaggregated spectrum license is the remainder of the original 
licensee's license term.
    (d) Performance requirements. Each party to a geographic 
partitioning, spectrum disaggregation, or a combination of both must 
individually meet any applicable performance requirements (i.e., 
construction and operation requirements). If a licensee fails to meet 
any performance requirements on or before the required date, its 
authorization will terminate automatically on that date without further 
Commission action pursuant to Sec.  1.946 of this chapter.
    (e) Unjust enrichment. Licensees making installment payments or 
that received a bidding credit, that partition their licenses or 
disaggregate their spectrum to entities that do not meet the 
eligibility standards for installment payments or bidding credits, are 
subject to the unjust enrichment requirements of Sec.  1.2111 of this 
chapter.


Sec.  22.1116  Initial authorization.

    (a) An applicant must file a single application for an initial 
authorization for all markets won and frequency blocks desired. Initial 
authorizations shall be granted in accordance with Sec. Sec.  22.1104, 
22.1106 of this chapter. Applications for individual sites are not 
required and will not be accepted, except where required for 
environmental assessments, in accordance with Sec. Sec.  1.1301 through 
1.1319 of this chapter.
    (b) Initial authorizations for 14.0-14.5 GHz air-ground mobile 
broadband shall be for the amount of spectrum in accordance with Sec.  
22.1104. Authorizations will be on a nationwide service area basis as 
defined in Sec.  22.1106.


Sec.  22.1118  Discontinuance of service.

    (a) Termination. A 14.0-14.5 GHz air-ground mobile broadband 
licensee's authorization will automatically terminate, without specific 
Commission action, if it permanently discontinues service. Permanent 
discontinuance of service is defined as 180 consecutive days during 
which a licensee is not providing service to aircraft or subscribers
    (b) Filing requirements. A licensee that permanently discontinues 
service as defined in this section must notify the Commission of the 
discontinuance within 10 days by filing FCC Form 601 or 605 requesting 
license cancellation. An authorization will automatically terminate, 
without specific Commission action, if service is permanently 
discontinued as defined in this section, even if a licensee fails to 
file the required form requesting license cancellation.
    (c) Extension request. A licensee may file a request for a longer 
discontinuance period for good cause. An extension request must be 
filed at least 30 days before the end of the 180-day discontinuance 
period. The filing of an extension request will automatically extend 
the discontinuance period a minimum of the latter of an additional 30 
days or the date upon which the Wireless Telecommunications Bureau acts 
on the request.


Sec.  22.1120  Protecting GSO satellite systems from harmful 
interference from air-ground mobile broadband.

    The aggregate increase in interference ([Delta]T/T) from all air-
ground mobile broadband aircraft and base stations into the uplink of 
GSO satellites shall not exceed one percent. This one percent [Delta]T/
T limit may be met by complying with paragraphs (a) through (c) of this 
section:

[[Page 41351]]

    (a) For a baseline air-ground mobile broadband system consisting of 
600 beams (e.g., 150 base station sites and 4 beams per site) operating 
on a given band of spectrum, the transmitted power spectral density 
from a single base station beam into the GSO arc must not exceed -74.5 
dBW/Hz. If the number of base station beams is increased beyond 600, 
then the total transmitted power toward the GSO arc must be adjusted 
accordingly, such that the total transmitted power toward the GSO arc 
from all beams is not greater than -46.7 dBW/Hz. If the number of air-
ground mobile broadband base stations increases from 150 to 250, the 
single beam EIRP density must be less than the value
[GRAPHIC] [TIFF OMITTED] TP10JY13.043


and the aggregate EIRP density from all beams must be less than
[GRAPHIC] [TIFF OMITTED] TP10JY13.044


where n is the number of base stations.

    (b) Transmissions from an air-ground mobile broadband aircraft 
stations must not exceed an EIRP density of 3 dBW/2 megahertz. 
Furthermore, the aggregate EIRP from all air-ground mobile broadband 
aircraft stations toward the GSO arc must not exceed -47 dBW/Hz. When 
deriving the aggregate EIRP density toward the GSO arc, the aircraft 
cruise level roll angle of 5[deg] in elevation must be 
taken into account.
    (c) Every air-ground mobile broadband base station may increase its 
transmit power by up to 6 dB to compensate for rain fade. In 
compensation for the increase in power, the air-ground mobile broadband 
base station must reduce the number of beams it transmits to maintain 
the same maximum transmitted power.


Sec.  22.1122  Out of band emissions (OOBE) requirement for two 
separate air-ground mobile broadband systems.

    If two separate licensees deploy air-ground mobile broadband 
systems within distinct portions of the 14.0 to 14.5 GHz band, the 
power level of any emission outside an air-ground mobile broadband 
licensee's frequency band of operation shall be attenuated below the 
transmitter power of P watts (with averaging performed only during 
periods of transmission) within the licensee's band of operation by at 
least 43 + 10 log (P) dB. Compliance with this rule shall be measured 
via use of instrumentation employing a resolution bandwidth of 1 
megahertz or greater, except that in the 1 megahertz bands immediately 
adjacent to the licensee's frequency band of operation, a resolution 
bandwidth of at least 1 percent of the emission bandwidth of the 
fundamental emission of the transmitter may be employed. A narrower 
resolution bandwidth is permitted in all cases to improve measurement 
accuracy provided the measured power is integrated over the full 
required measurement bandwidth (that is, 1 megahertz or 1 percent of 
the emission bandwidth, as specified). The emission bandwidth is 
defined as the width of the signal between two points, one below the 
carrier center frequency and one above the carrier center frequency, 
outside of which all emissions are attenuated by at least 26 dB below 
the transmit power level.

[FR Doc. 2013-15169 Filed 7-9-13; 8:45 am]
BILLING CODE 6712-01-P