[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Proposed Rules]
[Pages 21746-21747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09943]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / 
Proposed Rules  

[[Page 21746]]



FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[GN Docket Nos. 17-183, 18-122; DA 18-398]


Notice of Temporary Freeze on New or Modified Earth Station 
Applications in the 3.7-4.2 GHz Band; 90-Day Window for Filing 
Applications Currently Operating in 3.7-4.2 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The International, Public Safety and Homeland Security, and 
Wireless Telecommunications Bureaus (Bureaus) of the Federal 
Communications Commission (Commission) announce a temporary freeze, 
effective April 19, 2018, on the filing of new or modification 
applications for fixed-satellite service (FSS) earth station licenses, 
receive-only earth station registrations, and fixed microwave licenses 
in the 3.7-4.2 GHz frequency band. As a limited exception to the 
freeze, the International Bureau concurrently opens a 90-day window 
during which entities that own or operate existing FSS earth stations 
in the 3.7-4.2 GHz band may file an application to register or license 
the earth station if it is currently not registered or licensed, or may 
file an application to modify a current registration or license, in the 
International Bureau Filing System (IBFS).

DATES: Temporary freeze effective April 19, 2018; the 90-day filing 
window closes on July 18, 2018.

FOR FURTHER INFORMATION CONTACT: Christopher Bair, 202-418-0945 or Paul 
Blais, 202-418-7274.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document, DA 18-398, released April 19, 2018. The full text of this 
document is available at https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0419/DA-18-398A1.pdf. It is also available for 
inspection and copying during business hours in the FCC Reference 
Information Center, Portals II, 445 12th Street SW, Room CY-A257, 
Washington, DC 20554. To request materials in accessible formats for 
people with disabilities, send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
    Background. On August 3, 2017, the Commission released a Notice of 
Inquiry titled Expanding Flexible Use in Mid-Band Spectrum Between 3.7 
and 24 GHz (NOI). In that NOI, the Commission sought detailed comment 
on frequency bands that had garnered interest to potentially support 
increased flexible broadband uses, including the 3.7-4.2 GHz band. 
While recognizing the existing FSS (space-to-Earth) and Fixed Service 
(FS) uses of the 3.7-4.2 GHz band, the Commission sought comment on the 
potential for more intensive use of that band for wireless broadband, 
including asking how current service rules governing geostationary 
satellite orbit FSS and FS could be modified to promote flexible use, 
stimulate investment, and encourage more intensive deployment.
    Temporary Freeze. To preserve the current landscape of authorized 
operations in the 3.7-4.2 GHz band pending the Commission's 
consideration of the issues raised in response to the NOI, the Bureaus 
announce a temporary freeze, effective as of April 19, 2018, on the 
filing of new or modification applications for earth station licenses, 
receive-only earth station registrations, and fixed microwave licenses 
in the 3.7-4.2 GHz band.
    Earth Stations. During the freeze the International Bureau will 
dismiss applications, or those portions of applications, received for 
new earth station licenses, new receive-only earth station 
registrations, and modifications to earth stations currently authorized 
to operate in the 3.7-4.2 GHz band. The freeze does not extend to 
applications for renewal or cancellation of current earth station 
authorizations, or modifications to correct location or other data 
required in the earth station file.
    Fixed Microwave. During the freeze, the Wireless Telecommunications 
and Public Safety and Homeland Security Bureaus will dismiss 
applications received for new or major modifications to fixed microwave 
stations to operate in the 3.7-4.2 GHz band. The freeze does not extend 
to applications for renewal, cancellation, minor modifications, or data 
corrections.
    Waiver Requests. The appropriate Bureau will consider requests for 
waiver of this freeze on a case-by-case basis and upon a demonstration 
that waiver will serve the public interest and not undermine the 
objectives of the freeze.
    90-day Application Filing Window for Existing FSS Earth Stations. 
The International Bureau announces a 90-day window for filing 
applications to license or register existing earth stations in the 3.7-
4.2 GHz frequency band as a limited exception to the implementation of 
this freeze. For purposes of this Notice, existing earth stations are 
those that have been constructed and are operational as of April 19, 
2018. The filing window will close on July 18, 2018. This filing window 
provides a limited opportunity to operators with constructed and 
operational, but currently unregistered or unlicensed, earth stations 
to file applications to be licensed or registered for interference 
protection, subject to the outcome of the Commission's ongoing inquiry 
and any subsequent proceeding(s).
    Temporary Waiver of Frequency Coordination Requirement. To obtain 
the best information possible on existing earth stations in this band 
without imposing a potentially unnecessary economic burden on eligible 
FSS earth station applicants in the 3.7-4.2 GHz band filing within the 
90-day window, the International Bureau hereby grants a temporary 
waiver of the frequency coordination requirement. Applicants who file 
within the 90-day window will otherwise be processed normally. 
Registrations or licenses granted for applications filed without the 
coordination report will include a condition noting that the license or 
registration does not afford interference protection from FS 
transmissions. Upon announcing the termination of the freeze, the 
International Bureau may modify or terminate the waiver by requiring or 
permitting registrants or licensees who filed applications within the 
90-day window without a coordination report to file such a report as 
required by the Commission's rules,

[[Page 21747]]

and to take any appropriate action in light of such filing.
    Applicants for earth station licenses and registrations must file 
on FCC Form 312 Main Form, complete Form 312 Schedule B, remit the 
statutory application-filing fee, and provide any additional 
information required by applicable rules. Applications must be filed 
electronically through IBFS at http://licensing.fcc.gov/myibfs.
    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Federal Communications Commission.
Troy Tanner,
Deputy Chief, International Bureau.
[FR Doc. 2018-09943 Filed 5-9-18; 8:45 am]
 BILLING CODE 6712-01-P