[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Rules and Regulations]
[Pages 34478-34492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14806]



[[Page 34478]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25 and 30

[GN Docket No. 14-177; WT Docket No. 10-112; FCC 18-73]


Use of Spectrum Bands Above 24 GHz for Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) adopts rules for specific millimeter wave bands 
above 24 GHz. A proposed rule document for the Third Further Notice of 
Proposed Rulemaking (3rd FNPRM) related to the Final rule document for 
the Third Report and Order and Memorandum Opinion and Order (3rd R&O) 
is published elsewhere in this issue of the Federal Register.

DATES: Effective August 20, 2018, except for the amendments to Sec.  
25.136, which contain information collection requirements that are not 
effective until approved by the Office of Management and Budget. The 
Commission will publish a document in the Federal Register announcing 
the effective date for those amendments.

FOR FURTHER INFORMATION CONTACT: John Schauble of the Wireless 
Telecommunications Bureau, Broadband Division, at (202) 418-0797 or 
[email protected], Michael Ha of the Office of Engineering and 
Technology, Policy and Rules Division, at 202-418-2099 or 
[email protected], or Jose Albuquerque of the International Bureau, 
Satellite Division, at 202-418-2288 or [email protected]. For 
information regarding the PRA information collection requirements 
contained in this PRA, contact Cathy Williams, Office of Managing 
Director, at (202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order and Memorandum Opinion and Order (3rd R&O), GN Docket 
No. 14-177, FCC 18-73, adopted on June 7, 2018 and released on June 8, 
2018. The complete text of this document is available for public 
inspection and copying from 8 a.m. to 4:30 p.m. Eastern Time (ET) 
Monday through Thursday or from 8 a.m. to 11:30 a.m. ET on Fridays in 
the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, 
Washington, DC 20554. The complete text is available on the 
Commission's website at http://wireless.fcc.gov, or by using the search 
function on the ECFS web page at http://www.fcc.gov/cgb/ecfs/. 
Alternative formats are available to persons with disabilities by 
sending an email to [email protected] or by calling the Consumer & 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(tty).

Supplemental Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980 (RFA), the 
Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) 
of the possible significant economic impact on small entities of the 
policies and rules adopted in the Third Report and Order.

Congressional Review Act

    The Commission will send a copy of this Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act (CRA), see 5 U.S.C. 
801(a)(1)(A).

Synopsis

I. Introduction

    1. The Commission continues its effort to make available millimeter 
wave (mmW) spectrum, at or above 24 GHz, for fifth-generation (5G) 
wireless, Internet of Things, and other advanced spectrum-based 
services. In the 3rd R&O, the Commission addresses pending issues 
regarding FSS sharing and operability in the 24 GHz band, as well as 
pending issues regarding performance requirements and mobile spectrum 
holdings policies for the mmW bands authorized for flexible use. With 
respect to the 37-37.6 GHz band (Lower 37 GHz band), the Commission 
resolves pending petitions for reconsideration, establish a band plan, 
and in the 3rd FNPRM, the Commission seeks comment on a more detailed 
framework to facilitate Federal and non-Federal use. In addition, the 
Commission proposes to make additional spectrum in the 42-42.5 GHz (42 
GHz band) and 25.25-27.5 GHz band (26 GHz band) available for flexible 
wireless use, while recognizing the need to protect and provide 
continued opportunities for Federal use of this band. The Commission 
notes that it will consider other bands and issues raised in this 
proceeding in future Commission items.
    2. The Commission's efforts in this proceeding to make mmW spectrum 
available for wireless uses is vital to ensuring continued American 
leadership in wireless broadband. That leadership represents a critical 
component of economic growth, job creation, public safety, and global 
competitiveness. The Commission will continue to take steps to 
facilitate access to additional low-band, mid-band, and high-band 
spectrum for the benefit of American consumers, including holding an 
auction of the 28 GHz band starting in November followed by an auction 
of the 24 GHz band.

II. Background

    3. On November 22, 2017, the Commission released the 2nd R&O, 2nd 
FNPRM, Order on Recon, and MO&O in this proceeding. See 83 FR 37. In 
relevant parts, the 2nd R&O authorized the 24 GHz band and the 47.2-
48.2 GHz band (47 GHz band) for flexible wireless use; it declined to 
set pre-auction limits on the amount of spectrum an entity may acquire 
at auction in the 24 GHz and 47 GHz bands; and it revised the mmW 
spectrum threshold for reviewing proposed secondary market transactions 
to 1850 megahertz by including the 24 GHz and 47 GHz bands. The 2nd 
FNPRM sought comment on five issues. First, the Commission proposed to 
license Fixed-Satellite Service (FSS) earth stations in the 24.75-25.25 
GHz band on a co-primary basis under the provisions in Section 
25.136(d) applicable to the 47 GHz band. Second, the Commission sought 
comment on adopting additional performance metrics tailored to Internet 
of Things (IoT)-type deployments. Third, the Commission proposed to 
eliminate the pre-auction limit of 1250 megahertz that the R&O had 
adopted for the 28 GHz, 37 GHz and 39 GHz bands. Fourth, the Commission 
proposed to require that any equipment capable of operating anywhere 
within the 24 GHz band must be capable of operating across the entire 
24 GHz band, on all frequencies in both band segments. Finally, the 
Commission invited commenters to submit new studies or data on bands 
under consideration by the Commission, as well as comments on 
additional bands the Commission should consider.
    4. The Commission received 15 comments and 12 reply comments. A 
list of commenters, reply commenters, and ex parte filings is contained 
in the List of Commenters to the 2nd FNPRM. No petitions for 
reconsideration of the 2nd R&O were filed. SOM1101, LLC filed a comment 
addressing the issue of allowing satellite user equipment in the 37.5-
40 GHz band. Comment of SOM1101 LLC (filed Jan. 23, 2018). In the MO&O, 
the Commission declined to authorize satellite user equipment in the 
37.5-40 GHz band. Because SOM1101's comment neither acknowledges nor 
seeks reconsideration of the MO&O's

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decision, the Commission will not give further consideration to this 
issue.

III. Third Report and Order

A. Performance Requirements--Geographic Area Metric

    5. Background. In the R&O, the Commission moved away from a 
substantial service regime in the mmW bands by adopting a defined set 
of metrics for performance requirements for Upper Microwave Flexible 
Use Service (UMFUS). UMFUS licensees relying on mobile or point-to-
multipoint service must show that they are providing reliable signal 
coverage and service to at least 40 percent of the population within 
the service area of the licensee, and that they are using facilities to 
provide service in that area either to customers or for internal use. 
Licensees relying on point-to-point service must demonstrate that they 
have four links operating and providing service, either to customers or 
for internal use, if the population within the license area is equal to 
or less than 268,000. If the population within the license area is 
greater than 268,000, a licensee relying on point-to-point service must 
demonstrate it has at least one link in operation and is providing 
service for each 67,000 population within the license area. Showings 
that rely on a combination of multiple types of service will be 
evaluated on a case-by-case basis. This reliance on fixed metrics was a 
change from the buildout rules formerly applicable to 28 GHz and 39 GHz 
licensees, which used a substantial service standard. In the FNPRM, the 
Commission sought comment on expanding this list of metrics by adopting 
a performance metric designed to accommodate IoT-type deployments. In 
the 2nd FNPRM, the Commission sought comment more specifically on a 
geographic area metric that might accommodate IoT or other services 
deployed along non-traditional lines, while still measuring a 
meaningful level of service in a proven way.
    6. Discussion. The Commission adopts a geographic area metric for 
UMFUS licenses, to be included in the existing list of performance 
metrics from which licensees may choose, as an additional alternative 
to meeting the Commission's performance requirements. Consistent with 
the option on which the Commission sought comment in the 2nd FNPRM, 
licensees may fulfill the requirements of this metric either by 
demonstrating mobile or point-to-multipoint coverage of at least 25% of 
their license's geographic area, or by showing the presence of 
equipment transmitting or receiving on the licensed spectrum in at 
least 25% of census tracts within the license area. The Commission 
believes the 25% level would maintain parity with the 40% population 
coverage metric. As with the Commission's previously-adopted metrics, 
equipment must be in use and actually providing service, either for 
private, internal use or to unaffiliated customers, in order to be 
counted. This metric, like the Commission's previously-adopted metrics, 
may be used by any UMFUS licensee, regardless of the type of service 
deployed.
    7. The Commission emphasizes that this geographic area metric is an 
additional alternative for licensees, not a supplemental requirement. 
If a licensee deploying IoT systems finds that the Commission's 
existing mobile or fixed metrics better fit their needs, it is welcome 
to use either of those metrics instead. As the Commission has 
emphasized since the R&O, all licensees may choose the particular 
metric they wish to satisfy, and the adoption of this metric merely 
expands their list of choices. Without the adoption of this additional 
choice of metric, licensees would have only the mobile or fixed options 
through which to demonstrate their compliance with the Commission's 
performance requirements. While the Commission continues to support its 
previous conclusion that it is too soon to design a usage-based metric 
that will be technology- and use case-neutral, it believes it is 
important to provide some additional option for UMFUS licensees whose 
deployments may not track residential population, or that may not 
involve traditional higher-power fixed links, as will likely be the 
case for some IoT-type services. The Commission's adoption of a 
geographic area metric is responsive to the calls from commenters for 
greater flexibility. In the interest of providing licensees with as 
much flexibility and certainty as possible in advance of the 
Commission's contemplated auctions of UMFUS spectrum, the Commission 
does not believe it is appropriate to delay the adoption of an 
additional choice of metric to future rounds of this proceeding.
    8. The objections raised by, and alternative suggestions offered by 
commenters, are not persuasive. With respect to calls for entirely 
different regimes, such as substantial service or site-based licensing, 
the Commission has already determined that geographic area licensing 
with the performance requirements that the Commission adopted in the 
Report and Order strikes the best balance between flexibility for 
licensees and accountability in ensuring efficient use of mmW spectrum. 
The Commission notes that it has also designated a total of fourteen 
gigahertz of unlicensed spectrum in the mmW bands, and that it seeks 
further comment on the sharing regime it has adopted for the lower 37 
GHz band.

B. Operability in the 24 GHz Band

    9. Background. The 24 GHz band consists of two band segments: The 
lower segment, from 24.25-24.45 GHz, and the upper segment, from 24.75-
25.25 GHz. In the 2nd R&O, the Commission adopted UMFUS licensing and 
technical rules for the 24 GHz band. The Commission also proposed to 
adopt an operability requirement for the 24 GHz band. Under this 
requirement, any mobile or transportable equipment capable of operating 
in any portion of the 24 GHz band must be capable of operating at all 
frequencies within the 24 GHz band, in both band segments.
    10. Discussion. The Commission adopts its proposal to require 
operability throughout the 24 GHz band. Any mobile or transportable 
equipment capable of operating on any frequency between 24.24-24.45 GHz 
or 24.75-25.25 GHz must be capable of operating on all frequencies in 
those ranges. This requirement will support competition by ensuring a 
robust device ecosystem throughout the band. Given the separation of 
the 24 GHz band into two different segments, the Commission believes an 
operability requirement is important to supporting development of the 
lower portion of the band.
    11. The Commission reiterates that this operability requirement in 
no way dictates the use of any particular technology or air interface. 
The Commission also emphases that this operability requirement is 
specific to the 24 GHz band, and does not extend to other UMFUS bands. 
The 28 GHz band and the 37 and 39 GHz bands also have operability 
requirements, but those are separate and independent from the one the 
Commission adopts for the 24 GHz band. Devices are not required to 
operate across all UMFUS bands. While one commenter expresses concern 
about the ability to filter signals from the 24.45-24.75 GHz band, it 
ultimately supports the operability requirement, and it does not 
provide any technical analysis in support of its concern.
    12. In addition, as the Commission noted in the 2nd R&O, ongoing 
international studies include analyses to determine IMT-2020 out-of-
band emission limits necessary to protect passive sensors onboard 
weather satellites in the 23.6-24.0 GHz band. The Commission recognizes 
the need to protect these passive satellite operations

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that provide important data necessary for weather predictions and 
warnings. Given that this is a matter of interest to multiple 
stakeholders internationally and that the Commission cannot predict the 
outcome, it finds it inappropriate to adopt U.S.-only limits that may 
need to be modified at a later time. Once interference protection 
standards are agreed upon internationally the Commission will, if 
necessary, consider through notice and comment whether any modification 
of its current out-of-band limits may be needed. The Commission 
encourages non-Federal operators in the 24 GHz band to monitor these 
studies and to plan their systems, to the extent possible, to take into 
account the potential for additional future protection of passive 
sensors in the 23.6-24.0 GHz band.

C. 24 GHz FSS Sharing

    13. Background. The U.S. Table of Frequency Allocations (U.S. 
Table) currently includes primary, non-Federal, Fixed, Mobile and 
Fixed-Satellite Service (FSS) (Earth-to-space) allocations in the 
24.75-25.25 GHz band. Footnote NG535 to the U.S. Table provides feeder 
links in the Broadcasting-Satellite Service (BSS) priority over other 
FSS uses in the 24.75-25.05 GHz band segment, and restricts FSS use of 
the 25.05-25.25 GHz band segment to feeder links for the BSS. In the 
2nd R&O the Commission adopted a primary Fixed Service allocation in 
the 24.75-25.05 GHz band segment, added a primary Mobile Service 
allocation in the 24.75-25.25 GHz band segment, and authorized both 
mobile and fixed operations in those bands under the part 30 UMFUS 
rules. The Commission did not make changes to its current rules at that 
time, but decided instead to seek comment in the 2nd FNPRM in 
conjunction with a proposal to allow more flexible use of the band for 
FSS earth stations.
    14. In the 2nd FNPRM, the Commission proposed to license FSS earth 
stations in 24.75-25.25 GHz band on a co-primary basis under the 
provisions contained in Section 25.136(d), which currently applies to 
the 47 GHz band, by adding the 24.75-25.25 GHz band to this rule 
section. This change would limit availability of the 24.75-25.25 GHz 
band for FSS to individually-licensed FSS earth stations that meet the 
same specific licensing requirements applicable to earth stations in 
the 47 GHz band. The Commission also sought comment on adding a U.S. 
Table footnote specifying the relative interference protection 
obligations of FSS and UMFUS stations in this band. In addition, the 
Commission proposed various conforming modifications to certain earth 
station application requirements. The Commission sought comment on 
these proposals and on possible actions needed to address the potential 
for aggregate interference from terrestrial users into satellite 
systems in the band.
    15. To provide for more flexible FSS use of the 24.75-25.25 GHz 
band, the Commission proposed to eliminate footnote NG535, thereby 
making this band available for general FSS uplink operations without 
restricting these operations to, or affording priority for, the 
provision of feeder links for 17/24 GHz BSS space stations. To further 
increase flexibility for all FSS uses in this new sharing regime, the 
Commission also proposed to eliminate the Petitions for Reconsideration 
of Spectrum Frontiers Report and Order addressed herein orbital-
location restrictions for 17/24 GHz BSS space stations specified in 
Section 25.262(a), thus providing more flexibility to these BSS 
operations. Consistent with these proposals, the Commission proposed 
several other rule changes to part 25 of its rules to harmonize the 
treatment of BSS feeder links with other FSS transmissions. 
Specifically, the Commission proposed the following rule changes: (1) 
Modify Section 25.138 to extend applicability of the Ka-band off-axis 
EIRP density limits in paragraph (a) to the 24.75-25.25 GHz band, and 
then to eliminate the nearly identical BSS feeder link-specific earth 
station off-axis EIRP density limits for the 24.75-25.25 GHz band in 
Section 25.223(b); (2) add the 24.75-25.25 GHz band to the list of 
frequency bands in our general FSS earth station coordination rules in 
Section 25.220(a), thereby permitting us to eliminate the coordination 
provisions contained in Sections 25.223(c) and (d); (3) remove and 
reserve Section 25.223, because there would be no need for these 
provisions, which provide an alternative means of licensing BSS feeder 
links, and also eliminate cross references to Section 25.223 contained 
in Section 25.209(f); (4) eliminate Section 25.204(e)(4), which 
contains rain fade specifications specific to 17/24 GHz BSS feeder link 
transmissions, and instead include the 24.75-25.25 GHz band in 
paragraph (e)(3), which contains nearly identical Ka-band FSS rain fade 
specifications; (5) modify the interference-showing requirements for 
FSS applicants in Section 25.140(a) to make clear its applicability to 
FSS (Earth-to-space) transmissions to 17/24 GHz BSS space stations; (6) 
add a new subparagraph (iv) to Section 25.140(a) requiring applicants 
for space stations receiving uplinks in the 24.75-25.25 GHz band to 
certify, among other things, that the earth stations transmitting to 
such space stations will not exceed the off-axis EIRP density limits in 
Section 25.138(a); (7) modify the definitions of ``routine processing 
or licensing'' and ``two-degree compliant space station'' contained in 
Section 25.103; (8) eliminate the operational requirements associated 
with the Appendix F orbital-location constraints in Section 25.262 by 
deleting paragraphs (a) and (d), and modifying paragraphs (b) and (e); 
(9) modify Sections 25.140(b), (c) and (d) to reflect changes in the 
interference showing required by 17/24 GHz BSS applicants, which is 
currently defined in part by the applicant's orbital position relative 
to Appendix F locations; (10) delete Section 25.262(b) to eliminate an 
operational requirement made moot; (11) delete Appendix F specific 
requirements contained in Section 25.114(d)(17); (12) eliminate a 
reference in Section 25.114(d)(7) to a deleted subparagraph in Section 
25.140(b); and (13) modify the cross-polarization isolation requirement 
in Section 25.210(i) to making clear that it applies only to 17/24 GHz 
BSS space-to-Earth transmissions, to provide for consistent treatment 
of 17/24 GHz feeder uplinks with other FSS transmissions in the 24.75-
25.25 GHz band.
    16. Discussion. After review of the record, the Commission modifies 
the FSS earth station licensing proposal set out in the 2nd FNPRM so as 
to better provide FSS with additional capacity for satellite services 
while permitting substantial terrestrial use of the band. As with the 
28 GHz and 47 GHz bands, the Commission finds generally that allowing a 
limited number of FSS earth stations in the 24.75-25.25 GHz band would 
further the public interest, and therefore provide for sharing of the 
24.75-25.25 GHz band by UMFUS and FSS earth stations, including BSS 
feeder link earth stations. Based on the record, the Commission adopts 
rules that incorporate certain sharing criteria applicable in the 27.5-
28.35 GHz and 47.2-48.2 GHz bands. Specifically, the Commission applies 
the permitted aggregate population limits within the specified earth 
station PFD contour on a per-county basis, similar to the requirement 
in the 27.5-28.35 GHz band, rather than the per-PEA limits applicable 
to the 47.2-48.2 GHz band. Additionally, as in the 47.2-48.2 GHz band, 
the Commission adopts constraints on the number of permitted earth 
stations not only in the county but

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also in the UMFUS licensing area (PEA) in which the earth station is 
located. To reflect these requirements, the Commission adopts a new 
rule section 25.136(g), which its find includes sufficient defined 
restrictions on earth station operations consistent with CCA's request.
    17. The Commission will not adopt any operational requirements 
addressing limits on aggregate interference into satellite receivers at 
this time, as it does not believe such limits are justified by the 
current record, and the Commission received no specific proposals for 
such a rule. The Commission retains the authority to monitor 
developments and intervene to prevent unacceptable interference to 
satellites if that becomes necessary, but there is no evidence to date 
that suggests that any such intervention will be necessary. The 
Commission will amend footnote NG65 to the U.S. Table to include the 
24.75-25.25 GHz band to make clear the relative interference protection 
obligations between the co-primary services. The Commission rejects 
CTIA's argument that it should adopt a new footnote stating that 
certain shared frequency bands are identified predominantly for 
terrestrial mobile and fixed services on a primary basis. The 
Commission does not believe that this proposed footnote fulfills its 
intent to specify accurately the relative interference protection 
obligations of FSS and UMFUS stations in this band, and further, it 
would go beyond the scope of this rulemaking by including frequency 
bands apart from the 24.75-25.25 GHz band (i.e., the 28 GHz, 37 GHz, 39 
GHz, and 47 GHz bands). The Commission also adopts the proposed 
conforming modifications to Sections 25.115(e) and 25.130(b), and 
delete the obsolete licensing requirements for the 25.05-25.25 GHz band 
specified in Section 25.203(l).
    18. The Commission adopts its proposals to remove footnote NG535. 
In doing so, the Commission removes the restriction on FSS operations 
apart from BSS feeder links, in the 25.05-25.25 GHz band segment, and 
eliminate the priority of BSS feeder links relative to other FSS 
operations in the 24.75-25.05 GHz band. The Commission also eliminates 
the Appendix F orbital-location restrictions contained in Section 
25.262(a), which should give 17/24 GHz BSS feeder link operators the 
same flexibility as other FSS operators in the band. FSS use beyond the 
provision of BSS feeder links is already permitted in the lower portion 
of the band, and the Commission believes that it will further spectrum 
efficiency to extend this same flexibility to other types of 
individually licensed FSS earth stations in the upper band segment. The 
Commission rejects T-Mobile's argument that the Commission should 
constrain satellite operators' use of the 24.75-25.25 GHz band beyond 
limits placed on satellite operators in comparable UMFUS bands. Such a 
position is at variance with the Commission's stated objectives in the 
Spectrum Frontiers proceeding to make available millimeter wave (mmW) 
bands for flexible wireless deployment while simultaneously adopting 
rules that will allow the mmW bands to be shared with other uses, 
including satellite, in bands where there are existing FSS allocations. 
The Commission also disagrees with AT&T that retention of subsection 
(a) in footnote NG535 is warranted, as it believes it would only serve 
to undermine its goals of increasing flexibility of use and spectrum 
efficiency. AT&T acknowledges that the Commission's two-degree spacing 
requirements are sufficient to protect BSS feeder links from other FSS 
operations, and it provides no justification for retaining BSS feeder 
link priority in the 24.75-25.05 GHz portion of the band.
    19. The Commission received no opposition to its proposed rule 
changes to harmonize the treatment of FSS and BSS feeder link 
transmissions under its rules, nor any opposition on the associated 
conforming amendments. Accordingly, the Commission adopts these rule 
changes as elaborated above, for the reasons set forth in the 2nd 
FNPRM. The Commission will not however, include in the amended 
definition of ``routine processing or licensing'' in Sec.  25.103 an 
exclusion for earth stations in the 24.75-25.25 GHz band as originally 
proposed in the 2nd FNPRM. Upon further consideration, this change is 
not necessary to accurately reflect our licensing procedures. In 
addition, as a consequence of eliminating the Appendix F orbital-
location requirement in Sec.  25.262(a), the Commission also deletes 
Sec.  25.262(c)(2). This provision, which addresses cancelled or 
surrendered licenses relative specifically to Appendix F orbital 
locations, is moot. Once the rules become effective, these rule changes 
will ensure that all FSS transmissions in the 24.75-25.25 GHz band, 
including BSS feeder link transmissions, are subject to the 
Commission's two-degree spacing requirements. The four-degree spacing 
regimen applicable to 17/24 GHz BSS downlink transmissions however, 
will be unaltered, which SIA notes is an important predicate for its 
support of proposed changes to the Commission's rules governing uplink 
band operations.

D. Lower 37 GHz Band Plan

    20. Background. In the R&O, the Commission adopted rules to permit 
fixed and mobile terrestrial operation in the 37 GHz band. The 
Commission also adopted a licensing regime for the 37.6-38.6 GHz 
portion of the band (Upper 37 GHz Band), which would be licensed in 
five 200 megahertz blocks on a geographic area basis. Rather than 
adopting a particular licensing regime for the Lower 37 GHz Band, the 
Commission made it available for coordinated co-primary sharing between 
Federal and non-Federal users. The Commission explained that Federal 
and non-Federal users would access the Lower 37 GHz Band through a 
coordination mechanism, which it would more fully develop through 
government/industry collaboration.
    21. In the FNPRM, the Commission sought comment, among other 
things, on the appropriate band plan for the Lower 37 GHz. The 
Commission proposed to establish a 100 megahertz minimum channel size. 
It also proposed to allow users to aggregate 100 megahertz channels 
into larger channel sizes up to the maximum of 600 megahertz where 
available. Starry and T-Mobile support the proposal to license 100 
megahertz channels in the Lower 37 GHz band. No party opposed the 
proposal.
    22. Discussion. The Commission affirms the Commission's decision to 
adopt a co-primary sharing approach for the Lower 37 GHz band and the 
Commission seeks additional comment on the details of that approach. 
Here, the Commission adopts the Commission's proposal to license the 
Lower 37 GHz Band as six 100 megahertz channels. This channelization 
will allow for a sufficient acquisition of spectrum by smaller users 
while still allowing for aggregation by larger entities. The Commission 
believes that 100 megahertz channels will be sufficient for a licensee 
to provide the type of high rate data services, and other innovative 
uses and applications, contemplated for this spectrum. These smaller 
channels offer an opportunity to provide low-barrier access to spectrum 
for new technologies and providers while also enhancing shared access 
methods and technologies between commercial and Federal users.

E. Mobile Spectrum Holdings

    23. Background. The R&O established a pre-auction, bright-line 
limit of 1250

[[Page 34482]]

megahertz on the amount of mmW spectrum in the 28 GHz, 37 GHz, and 39 
GHz bands (R&O bands) that an entity could acquire at auction. In the 
2nd R&O, the Commission declined to adopt a similar pre-auction limit 
on the 24 GHz and 47 GHz bands, primarily because preemptive limits on 
the amount of spectrum an entity might acquire could unnecessarily 
inhibit participation at auction and discourage the development of 
spectrum-intensive services. Moreover, the Commission found that mmW 
technology currently is at a nascent stage of development and that 
there was insufficient information to predict the amount of spectrum 
needed for future still-to-be-developed services. No petitions for 
reconsideration were filed in response to the Commission's decisions in 
the 2nd R&O. In the 2nd FNPRM, the Commission proposed to eliminate the 
pre-auction limit of 1250 megahertz that the R&O had adopted for the 
R&O bands. Further, in the absence of any pre-auction limits, the 
Commission sought comment regarding whether it should apply a post-
auction case-by-case review on all mmW spectrum available at auction.
    24. Discussion. The Commission adopts its proposal in the 2nd FNPRM 
to eliminate the pre-auction limit of 1250 megahertz for the 28 GHz, 37 
GHz, and 39 GHz bands. In the R&O, the Commission indicated that its 
consideration of whether to adopt a mobile spectrum holdings limit for 
the licensing of spectrum through competitive bidding--and, if so, what 
type of limit--would take into account several objectives, including: 
The promotion of competition in relevant markets; the acceleration of 
private sector deployment of advanced services; and generally managing 
the spectrum in the public interest. In reaching its decision to adopt 
a pre-auction spectrum aggregation limit for the 28 GHz, 37 GHz, and 39 
GHz bands, the Commission observed, among other things, that mmW 
spectrum is likely to be a critical component in the development of 5G 
and that pre-auction limits could encourage the development of 
innovative services to the benefit of the American consumer. The 
Commission continues to recognize that mmW spectrum is an important 
resource for the deployment of 5G and other advanced wireless services, 
as evidenced by the steps it takes in this 3rd R&O, MO&O, and 3rd FNPRM 
to further promote this deployment. The Commission also notes that in 
addition to mmW spectrum, various providers have announced plans to 
develop 5G in other bands, such as 600 MHz and 2.5 GHz, and have 
indicated an interest in using 3.5 GHz and 3.7-4.2 GHz for 5G. Overall, 
the Commission observes that there are a variety of spectral paths to 
5G deployment in the United States, and that accelerating this 
deployment, including through the use of mmW spectrum, is an 
increasingly important objective given the potential economic benefits.
    25. Thus, while technological development in the mmW bands remains 
in a nascent stage, the Commission's balancing of objectives shifts 
towards facilitating rapid 5G deployment in the United States. In that 
context, and given the Commission's balancing of various statutory 
objectives, the Commission weighs more heavily the risk that bright-
line, pre-auction limits may restrict unnecessarily the ability of 
entities to participate and acquire spectrum in a mmW band auction. 
This could, in turn, unnecessarily constrain providers in their paths 
towards 5G deployment on mmW bands, limit their incentives to invest in 
these new services, and delay the realization of related economic 
benefits. The Commission is not inclined to adopt such limits on 
auction participation absent a clear indication that they are necessary 
to address a specific competitive concern In the case of the 28 GHz, 37 
GHz, and 39 GHz bands, the Commission is not persuaded by commenters' 
generalized assertions that a bright-line, pre-auction limit in these 
bands is necessary to protect competition in the provision of wireless 
services, particularly in light of its decision below to adopt a post-
auction case-by-case review of spectrum in the UMFUS bands. The 
Commission emphases that the Commission has adopted rules to facilitate 
flexible terrestrial wireless use of 4950 megahertz of mmW spectrum 
across five bands, which will be licensed in multiple blocks of 
different sizes and geographic areas, providing many spectrum 
opportunities for various types of auction bidders. In addition, given 
the similar technical characteristics and potential uses of the mmW 
spectrum for the R&O bands--relative to the 24 GHz and 47 GHz bands--
the Commission sees no reason to reach a different conclusion regarding 
a pre-auction limit for the R&O bands than it reached for the 24 GHz 
and 47 GHz bands. Moreover, treating certain UMFUS bands differently 
from others for purposes of a pre-auction limit would be inconsistent 
with the Commission's policy of treating all five UMFUS bands the same 
for purposes of secondary market transactions. The Commission therefore 
concludes that entities bidding for licenses in the 24 GHz, 28 GHz, 37 
GHz, 39 GHz, and 47 GHz bands should not be subject to bright-line, 
pre-auction limits on the amount of spectrum they may acquire at an 
auction of these bands. Consistent with the Commission's rationale in 
the 2nd R&O, the Commission concludes that this approach will maximize 
the opportunities in these bands for putting this mmW spectrum to 
efficient use.
    26. Although the Commission will not apply an ex ante bright-line 
limit to the acquisition of spectrum in the five UMFUS bands through 
auction, the Commission will conduct an ex post case-by-case review to 
the acquisition through auction of spectrum in the UMFUS bands. In 
particular, the Commission finds that it is in the public interest to 
review applications for initial licenses filed post-auction on a case-
by-case basis using the same 1850 megahertz threshold the Commission 
uses for reviewing applications for secondary market transactions. As 
noted above, the Commission continues to recognize that mmW spectrum is 
an important resource for the deployment of 5G and other advanced 
wireless services, as the Commission acknowledged in retaining the mmW 
spectrum threshold for secondary markets. Applying a post-auction case-
by-case review will provide an opportunity to evaluate whether an 
applicant's post-auction spectrum holdings would result in excessive 
concertation of licenses, in a manner consistent with the Commission's 
obligations under Section 309(j)(3)(B). Moreover, the Commission finds 
that applying a case-by-case review to initial applications for 
spectrum won at auction is necessary to ensure that the public interest 
benefits of having a mmW spectrum threshold for reviewing proposed 
secondary market transactions are not rendered ineffective. In 
addition, unlike a bright-line pre-auction limit, a post-auction case-
by-case review will provide flexibility to bidders and facilitate the 
assignment of licenses to those who value them the most. As is the case 
for the mmW spectrum threshold applied to secondary market 
transactions, the threshold the Commission will apply to review initial 
applications for spectrum won at auction merely identifies those 
markets that may warrant further competitive analysis.
    27. The Commission intends to conduct the same type of case-by-case 
review that the Commission anticipated in 2001 when it eliminated the 
CMRS spectrum cap, and that it articulated in

[[Page 34483]]

2008 in the context of the 700 MHz auction (Auction 73), but which it 
discontinued in the 2014 Mobile Spectrum Holdings Order. Case-by-case 
review permits bidders to participate fully in a mmW spectrum auction, 
while still allowing the Commission to assess the impact on competition 
from the assignment of initial mmW spectrum licenses, and to take 
appropriate action to preserve or protect competition only where 
necessary. Thus, for example, the Commission may allow a winning 
auction bidder to exceed the threshold if it finds that this would not 
foreclose other competitors from acquiring similar mmW spectrum. 
Further, as was the case under the Commission's post-auction case-by-
case review that previously was applied, in the event that a 
divestiture is required before issuing any new licenses, the winning 
bidder likely would have greater flexibility to choose which spectrum 
to divest among its existing mmW spectrum holdings or winning bids, in 
a manner that nevertheless would address competitive concerns.
    28. In supporting such a case-by-case review, U.S. Cellular 
proposed a two-tiered public interest framework that relied on band-
specific spectrum concentration limits. The Commission rejects their 
proposal for specific in-band limits for similar reasons as it 
articulated in the R&O and 2nd R&O, where it stated that, either at 
auction or in the secondary market, separate band-specific limits are 
not necessary. Further, the Commission disagree with commenters that 
allege that a post-auction case-by-case review creates uncertainty that 
is inconsistent with Section 309(j). The post-auction case-by-case 
review will be based on the standard articulated in the 2008 Union 
Telephone Order, and the Commission will apply this review to auctions 
of mmW bands going forward. Spectrum auctions were subject to this kind 
of review for a number of years before 2014, and the Commission finds 
that it is similarly appropriate with respect to the mmW spectrum. The 
Commission finds that such a case-by-case review provides parties with 
a clear and familiar standard that the Commission and Bureau have used, 
and continue to use, in reviewing proposed secondary market 
transactions currently. In that regard, the Commission finds that post-
auction case-by-case review is likely to create sufficient bidder 
certainty consistent with Section 309(j)(3)(E) of the Communications 
Act, which emphasizes the need for clear bidding rules ``to ensure that 
interested parties have a sufficient time to develop business plans, 
assess marketplace conditions, and evaluate the availability of 
equipment for the relevant services.'' In addition, for the reasons 
discussed above, the Commission finds that the adoption of a post-
auction case-by-case review for mmW spectrum is the best way to satisfy 
its obligation under another part of Section 309 to guard against the 
excessive concentration of licenses.

IV. Memorandum Opinion and Order

A. Licensing Lower 37 GHz

    29. Petitions for Reconsideration. CTIA, CCA, 5G Americas, TIA, and 
T-Mobile (Petitioners) filed Petitions for Reconsideration (Petitions) 
of the R&O asking the Commission to reconsider decisions it made 
regarding the 37 GHz band. First, CTIA, CCA, 5G Americas, and T-Mobile 
ask the Commission to reconsider its decision to adopt a Shared Access 
Licensing scheme for the lower band segment in which non-Federal users 
would be licensed by rule. CTIA, 5G Americas, CCA, and T-Mobile 
recommend that the Commission instead adopt exclusive area licensing in 
the 37-37.6 GHz band. Second, 5G Americas and TIA ask the Commission to 
reconsider its decision that Federal operations should have expansion 
rights in the Lower 37 GHz band.
    30. Discussion. The Commission denies the petitions of CTIA, CCA, 
5G Americas, TIA, and T-Mobile under Section 1.429(b) of the 
Commission's rules because the Commission has already considered and 
rejected the arguments raised by the petitioners in favor of exclusive 
area licensing. In their comments and reply comments to the NPRM, the 
petitioners urged the Commission to adopt an exclusive area licensing 
scheme for the 37-37.6 GHz band. In their petitions for 
reconsideration, they raise no new facts or arguments here. In the R&O, 
the Commission concluded that ``[a]lthough there is support in the 
record to license the entire 37 GHz band by geographic area, the 
Commission finds that it is in the public interest to license a portion 
of this band on a non-exclusive shared basis, and to license the 
remainder of the band by geographic area to give potential licensees 
additional opportunity to access large blocks of spectrum or to use 37 
GHz spectrum in combination with, and similarly to, 39 GHz spectrum.'' 
The Commission explained that ``[a]llowing part of the band to be made 
available on a non-exclusive, shared basis will promote access to 
spectrum by a wide variety of entities, support innovative uses of the 
band, and help ensure that spectrum is widely utilized.'' The 
Commission further explained that ``[a]dopting geographic area 
licensing for the other portion of the band will expeditiously make 
spectrum available and allow common development of the 37 GHz and 39 
GHz bands.'' Thus, the Commission will not reconsider its decision to 
adopt a co-primary sharing scheme for the 37-37.6 GHz band and the 
Commission reaffirms its decision in the Report and Order.
    31. The Commission rejects CTIA's argument that the Commission's 
action was arbitrary and capricious because the Commission did not 
``provide reasoning for adopting an untested sharing model that 
requires licensees to coordinate with Federal parties, the latter of 
which has proven to be highly successful for the AWS-1 and AWS-3 
bands.'' In the R&O, the Commission explained that the sharing approach 
it adopted best enables ``the band to be used for new commercial uses 
while simultaneously allowing fixed and mobile Federal use to expand.'' 
The Commission added that ``[a]llowing part of the band to be made 
available on a non-exclusive, shared basis will promote access to 
spectrum by a wide variety of entities, support innovative uses of the 
band, and help ensure that spectrum is widely utilized.'' The 
Commission further stated that the approach it adopted provided 
``satellite operators the certainty they need to be able to expand 
their operations into the 37 GHz band in the future. Nothing in the 
petitions supports the change in direction suggested by petitioners.
    32. In the R&O, the Commission directed the Wireless Bureau and 
Office of Engineering and Technology to collaborate with NTIA and 
Federal stakeholders, as well as industry stakeholders and other 
interested parties to further define the sharing framework.'' Initial 
collaboration has identified the issues raised in the 3rd FNPRM adopted 
June 7, 2018. The 3rd FNPRM presents another opportunity to open a 
dialogue about how sharing can best be implemented and achieved in the 
Lower 37 GHz band prior to the adoption of final sharing rules. The 
Commission looks forward to continuing to work with NTIA, Federal 
stakeholders, and industry to complete development of the sharing 
mechanism.

B. FSS Allocation in 42-42.5 GHz

    33. Background. In the R&O, the Commission declined to allocate the 
42 GHz band for fixed satellite service (FSS) downlink operations. It 
concluded there was less reason to expand FSS operations into the 42 
GHz band given that it was already granting FSS

[[Page 34484]]

enhanced access to the 37.5-40 GHz band and because FSS has exclusive 
access to the 40.5-42 GHz band. Rather, the Commission saw greater 
value in making the band available exclusively for terrestrial use.
    34. Various satellite interests sought reconsideration of that 
decision. ViaSat asserts that ``the 42-42.5 GHz band segment could be 
used in connection with the downlink spectrum that currently is 
available for satellite use in the adjacent 37.5-42 GHz band segment to 
achieve increased satellite broadband network capabilities that will be 
needed to meet this exponentially expanding consumer demand.'' ViaSat, 
SES, and O3b argue that providing satellite access to the 42 GHz band 
also comes with an established public interest benefit--helping to 
bridge the digital divide in rural America.
    35. Discussion. The Commission declines to reconsider its decisions 
to not allocate the 42 GHz band for FSS use. The Commission's decision 
was part of an overall goal to have a balanced strategy for sharing 
between terrestrial and satellite services in V-band. Given the 
Commission's prior decisions to provide FSS with exclusive access to 
the 40-42 GHz and 48.2-50.2 GHz bands--plus shared access to the 37.5-
40 GHz and 28 GHz bands, the Commission see nothing arbitrary in 
reserving 500 megahertz of spectrum for exclusive terrestrial use. 
Moreover, the Commission notes that in the 3rd R&O above, the 
Commission provides for shared FSS use of the 24 GHz band. Satellite 
interests raise no new facts and merely reassert arguments they made 
previously regarding the need for the 42 GHz band to deploy broadband. 
They also have not demonstrated that the Commission has committed any 
error.
    36. The MOBILE NOW Act does not require us to give further 
consideration to adding an FSS allocation in the 42 GHz band. While the 
Act asks that the Commission considers how this band may be used to 
provide ``commercial wireless broadband service,'' including licensed 
and/or unlicensed service, it also asks that the Commission include 
technical characteristics under which the band may be employed for 
``mobile or fixed terrestrial wireless operations, including any 
appropriate coexistence requirements.'' By its express language 
limiting any proposed licensed or unlicensed services in the band to 
``mobile and fixed terrestrial operations,'' the Commission finds that 
Congress excluded the alternative of permitting licensed satellite 
service in the band. Legislative history also indicates that Congress 
intended such mmW spectrum for ``mobile or fixed terrestrial wireless 
operations, including for broadband'' without any concomitant 
discussion of satellite service. Accordingly, the Commission does not 
believe the MOBILE NOW Act requires that it reconsider permitting 
satellite service in the 42 GHz band or to consider how this non-
terrestrial service could share with any possible licensed and 
unlicensed terrestrial services on whose coexistence the Commission now 
seeks comment.

V. Final Regulatory Flexibility Analysis

    37. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the 2nd FNPRM released in November 2017 in this 
proceeding. The Commission sought written public comment on the 
proposals in the 2nd FNPRM, including comments on the IRFA. No comments 
were filed addressing the IRFA. This present Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Third Report and Order

    38. In the 3rd R&O, the Commission authorizes Fixed-Satellite 
Service (FSS) use of the 24.75-25.25 GHz band for individually licensed 
earth stations. Under the current rules, Broadcasting Satellite Service 
(BSS) feeder links have priority over other FSS uses in the 24.75-25.25 
GHz band. Given the very light use of the 24.75-25.25 GHz band for BSS 
feeder links, the existence of the Commission's earth station two-
degree spacing rules that can protect BSS feeder links from other FSS 
earth stations in the band, and the power limits placed on BSS feeder 
link earth stations, there is no need to give BSS feeder link earth 
stations priority over other uses of the FSS for earth stations located 
within the United States, or to preclude other FSS earth stations from 
claiming protection from feeder link earth stations located within the 
United States.
    39. The 3rd R&O also creates a buildout standard for UMFUS 
licensees based on geographic area coverage that would be an 
alternative to the current population coverage standard in the current 
rules. A performance metric based on geographic area coverage (or 
presence) would allow for networks that provide meaningful service but 
deploy along other lines than residential population. Such a metric 
could be useful for sensor-based networks, particularly for uses in 
rural areas. The Commission adopts the following metric as an option 
for UMFUS licensees to fulfill their buildout requirements: Geographic 
area coverage of 25% of the license area. The latter standard could 
accommodate deployments, such as sensor networks, that are not designed 
to provide mobile or point-to-multipoint area coverage, and for whom 
calculating ``coverage of 25% of the area'' would therefore not be a 
meaningful standard.
    40. The 3rd R&O also adopts an operability requirement such that 
any device designed to operate within the 24 GHz bands must be capable 
of operating on all frequencies within those bands. This operability 
requirement will ensure that devices developed for the 24 GHz band 
operate throughout the band, making it easier for smaller businesses 
with fewer resources to find equipment that can operate across the 
entire band.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    41. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    42. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments.

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

    43. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1,000 employees or 
more. Thus, under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.

[[Page 34485]]

    44. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the UMFUS and the Millimeter Wave Service 
where licensees can choose between common carrier and non-common 
carrier status. At present, there are approximately 66,680 common 
carrier fixed licensees, 69,360 private and public safety operational-
fixed licensees, 20,150 broadcast auxiliary radio licensees, 411 LMDS 
licenses, 33 24 GHz DEMS licenses, 777 39 GHz licenses, and five 24 GHz 
licenses, and 467 Millimeter Wave licenses in the microwave services. 
The Commission has not yet defined a small business with respect to 
microwave services. The closest applicable SBA category is Wireless 
Telecommunications Carriers (except Satellite) and the appropriate size 
standard for this category under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 shows that there were 967 firms that 
operated for the entire year. Of this total, 955 had employment of 999 
or fewer, and 12 firms had employment of 1,000 employees or more. Thus, 
under this SBA category and the associated standard, the Commission 
estimates that the majority of fixed microwave service licensees can be 
considered small.
    45. The Commission does not have data specifying the number of 
these licensees that have more than 1,500 employees, and thus is unable 
at this time to estimate with greater precision the number of fixed 
microwave service licensees that would qualify as small business 
concerns under the SBA's small business size standard. Consequently, 
the Commission estimates that there are up to 36,708 common carrier 
fixed licensees and up to 59,291 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services that 
may be small and may be affected by the rules and policies adopted 
herein. The Commission notes, however, that both the common carrier 
microwave fixed and the private operational microwave fixed licensee 
categories includes some large entities.
    46. Satellite Telecommunications and All Other Telecommunications. 
This category comprises firms ``primarily engaged in providing 
telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' The category has a small 
business size standard of $32.5 million or less in average annual 
receipts, under SBA rules. For this category, U.S. Census Bureau data 
for 2012 shows that there were a total of 333 firms that operated for 
the entire year. Of this total, 299 firms had annual receipts of less 
than $25 million. Consequently, the Commission estimates that the 
majority of satellite telecommunications providers are small entities.
    47. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments primarily 
engaged in providing specialized telecommunications services, such as 
satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting telecommunications to, and receiving telecommunications 
from, satellite systems. Establishments providing internet services or 
voice over internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry.'' 
The SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census Bureau data for 2012 shows that there were a total of 1442 firms 
that operated for the entire year. Of these firms, a total of 1400 
firms had gross annual receipts of under $25 million and 42 firms had 
gross annual receipts of $25 million to $49,999,999. Thus, the 
Commission estimates that a majority of ``All Other 
Telecommunications'' firms potentially affected by its actions can be 
considered small.
    48. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has established a size standard for 
this industry of 1,250 employees or less. U.S. Census Bureau data for 
2012 shows that 841 establishments operated in this industry in that 
year. Of that number, 828 establishments operated with fewer than 1,000 
employees, 7 establishments operated with between 1,000 and 2,499 
employees and 6 establishments operated with 2,500 or more employees. 
Based on this data, the Commission concludes that a majority of 
manufacturers in this industry is small.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    49. The Commission expects the rules adopted in the 3rd R&O will 
impose new or additional reporting or recordkeeping and/or other 
compliance obligations on small entities as well as other applicants 
and licensees. The projected reporting, recordkeeping, and other 
compliance requirements in the 3rd R&O will apply to all entities in 
the same manner. The revisions the Commission adopts should benefit 
small entities by giving them more information, more flexibility, and 
more options for gaining access to wireless spectrum.
    50. Small entities and other applicants for UMFUS licenses will be 
required to file license applications using the Commission's automated 
Universal Licensing System (ULS). ULS is an online electronic filing 
system that also serves as a powerful information tool, one that 
enables potential licensees to research applications, licenses, and 
antenna structures. It also keeps the public informed with weekly 
public notices, FCC rulemakings, processing utilities, and a 
telecommunications glossary. Small entities, like all other entities 
who are UMFUS applicants, must submit long-form license applications 
must do so through ULS using Form 601, FCC Ownership Disclosure 
Information for the Wireless Telecommunications Services using FCC Form 
602, and other appropriate forms.
    51. The Commission expects that the filing, recordkeeping and 
reporting requirements associated with the demands described above will 
require small businesses as well as other entities that intend to 
utilize these new UMFUS licenses to use professional, accounting, 
engineering or survey services in order to meet these requirements. As 
described below, several steps have been taken that will alleviate the 
burdens of the requirements on small businesses.

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

    52. The RFA requires an agency to describe any significant, 
specifically

[[Page 34486]]

small business, alternatives that it has considered in reaching its 
approach, which may include the following four alternatives (among 
others): (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 or 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.
    53. The Commission does not believe that its adopted changes will 
have a significant economic impact on small entities. As noted above, 
the various construction and performance requirements and their 
associated showings will be the same for small and large businesses 
that license the UMFUS bands. To the extent applying the rules equally 
to all entities results in the cost of complying with these burdens 
being relatively greater for smaller businesses than for large ones, 
these costs are necessary to effectuate the purpose of the 
Communications Act, namely to further the efficient use of spectrum and 
to prevent spectrum warehousing. Likewise compliance with the 
Commission's service and technical rules and coordination requirements 
are necessary for the furtherance of its goals of protecting the public 
while also providing interference free services. Moreover, while small 
and large businesses must equally comply with these rules and 
requirements, the Commission has taken the steps described below to 
help alleviate the burden on small businesses that seek to comply with 
these requirements.
    54. The proposals to facilitate satellite service in the 24 GHz 
band should also assist small satellite businesses by providing them 
with additional flexibility to locate their earth stations without 
causing interference to or receiving interference from UMFUS licensees.

G. Report to Congress

    55. The Commission will send a copy of the 3rd R&O, including this 
FRFA, in a report to Congress pursuant to the Congressional Review Act. 
In addition, the Commission will send a copy of the 3rd R&O, including 
this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
3rd R&O, and FRFA (or summaries thereof) will also be published in the 
Federal Register.

VI. Ordering Clauses

    56. It is ordered, pursuant to the authority found in sections 1, 
2, 3, 4, 5, 7, 301, 302, 302a, 303, 304, 307, 309, and 310 of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 153, 154, 155, 157, 
301, 302, 302a, 303, 304, 307, 309, and 310, section 706 of the 
Telecommunications Act of 1996, as amended, 47 U.S.C. 1302, and Sec.  
1.411 of the Commission's rules, 47 CFR 1.411, that the Third Report 
and Order, Third Further Notice of Proposed Rulemaking, and Memorandum 
Opinion and Order is hereby adopted.
    57. It is further ordered that the Commission's rules are hereby 
amended as set forth in the Final Rules.
    58. It is further ordered that the provisions and requirements of 
this Third Report and Order and the rules adopted herein will become 
effective August 20, 2018, except for rules and requirements which 
contain new or modified information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act and will become effective after the Commission 
publishes a document in the Federal Register announcing such approval 
and the relevant effective date.
    59. It is further ordered that the petitions for reconsideration 
listed in the Petitions for Reconsideration of Spectrum Frontiers 
Report and Order are granted to the extent indicated and are otherwise 
denied.
    60. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Third Report and Order, Third Further Notice of Proposed 
Rulemaking, and Memorandum Opinion and Order, including the Final, 
Supplemental Final, and Initial Regulatory Flexibility Analysis, to the 
Chief Counsel for Advocacy of the Small Business Administration.
    61. It is further ordered that the Commission shall send a copy of 
this Report and Order to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).

List of Subjects in 47 CFR Parts 2, 25 and 30

    Communications common carriers, Communications equipment, Reporting 
and recordkeeping requirements, Satellites.

Federal Communications Commission,
Marlene Dortch,
Secretary, Office of the Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2, 25, and 30 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. In Sec.  2.106, the Table of Frequency Allocations is amended as 
follows:
0
a. Page 54 is revised.
0
b. In the list of non-Federal Government (NG) Footnotes, footnote NG65 
is revised and footnote NG535 is removed.
    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

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

[[Page 34487]]

[GRAPHIC] [TIFF OMITTED] TR20JY18.004


[[Page 34488]]


[GRAPHIC] [TIFF OMITTED] TR20JY18.005


[[Page 34489]]


BILLING CODE 6712-01-C
* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG65 In the bands 24.75-25.25 GHz and 47.2-48.2 GHz, stations in 
the fixed and mobile services may not claim protection from 
individually licensed earth stations authorized pursuant to 47 CFR 
25.136. However, nothing in this footnote shall limit the right of 
UMFUS licensees to operate in conformance with the technical rules 
contained in 47 CFR part 30. The Commission reserves the right to 
monitor developments and to undertake further action concerning 
interference between UMFUS and FSS, including aggregate interference to 
satellite receivers, if appropriate.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
3. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.


0
4. Amend Sec.  25.103 by revising the definitions of ``Routine 
processing or licensing'' and ``Two-degree-compliant space station'' to 
read as follows:


Sec.  25.103  Definitions.

* * * * *
    Routine processing or licensing. Expedited processing of unopposed 
applications for earth stations in the FSS communicating with GSO space 
stations, that satisfy the criteria in Sec. Sec.  25.138(a), 25.211(d), 
25.212(c), 25.212(d), 25.212(e), 25.212(f), or 25.218, include all 
required information, are consistent with all Commission rules, and do 
not raise any policy issues. Some, but not all, routine earth station 
applications are eligible for an autogrant procedure under Sec.  
25.115(a)(3).
* * * * *
    Two-degree-compliant space station. A GSO FSS space station 
operating in the conventional or extended C-bands, the conventional or 
extended Ku-bands, the 24.75-25.25 GHz band, or the conventional Ka-
band within the limits on downlink EIRP density or PFD specified in 
Sec.  25.140(a)(3) and communicating only with earth stations operating 
in conformance with routine uplink parameters specified in Sec. Sec.  
25.138(a), 25.211(d), 25.212(c), (d), or (f), Sec. Sec.  25.218, 
25.221(a)(1) or (a)(3), or Sec.  25.222(a)(1) or (a)(3), Sec.  
25.226(a)(1) or (a)(3), or Sec.  25.227(a)(1) or (a)(3).
* * * * *

0
5. Amend Sec.  25.114 by revising paragraph (d)(7) and removing and 
reserving paragraph (d)(17) to read as follows:


Sec.  25.114  Applications for space station authorizations.

* * * * *
    (d) * * *
    (7) Applicants for authorizations for space stations in the Fixed-
Satellite Service, including applicants proposing feeder links for 
space stations operating in the 17/24 GHz Broadcasting-Satellite 
Service, must also include the information specified in Sec.  
25.140(a). Applicants for authorizations for space stations in the 17/
24 GHz Broadcasting-Satellite Service must also include the information 
specified in Sec.  25.140(b);
* * * * *
    (17) [Reserved]
* * * * *

0
6. Amend Sec.  25.115 by revising paragraphs (e)(1) and (g)(1)(vii) to 
read as follows:


Sec.  25.115  Applications for earth station authorizations.

* * * * *
    (e) * * *
    (1) An application for a GSO FSS earth station license in the 17.8-
19.4 GHz, 19.6-20.2 GHz, 24.75-25.25 GHz, 27.5-29.1 GHz, or 29.25-30 
GHz bands not filed on FCC Form 312EZ pursuant to paragraph (a)(2) of 
this section must be filed on FCC Form 312, Main Form and Schedule B, 
and must include any information required by paragraph (g) or (j) of 
this section or by Sec.  25.130.
* * * * *
    (g) * * *
    (1) * * *
    (vii) The relevant off-axis EIRP density envelopes in Sec. Sec.  
25.138, 25.218, 25.221, 25.222, 25.226, or Sec.  25.227 must be 
superimposed on plots submitted pursuant to paragraphs (g)(1)(i) 
through (vi) of this section.
* * * * *

0
7. Amend Sec.  25.136 by adding new paragraph (g) to read as follows:


Sec.  25.136  Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz, 
37.5-40 GHz and 47.2-48.2 GHz bands.

* * * * *
    (g) Notwithstanding that FSS is co-primary with the Upper Microwave 
Flexible Use Service in the 24.75-25.25 GHz band, earth stations in 
that bands shall be limited to individually licensed earth stations. An 
applicant for a license for a transmitting earth station in the 24.75-
25.25 GHz band must meet one of the following criteria to be authorized 
to operate without providing any additional interference protection to 
stations in the Upper Microwave Flexible Use Service:
    (1) The FSS licensee also holds the relevant Upper Microwave 
Flexible Use Service license(s) for the area in which the earth station 
generates a power flux density (PFD), at 10 meters above ground level, 
of greater than or equal to -77.6 dBm/m2/MHz;
    (2) The earth station in the 24.75-25.25 GHz band was authorized 
prior to August 20, 2018; or
    (3) The application for the earth station in the 24.75-25.25 GHz 
band was filed prior to August 20, 2018; or
    (4) The applicant demonstrates compliance with all of the following 
criteria in its application:
    (i) There are no more than two other authorized earth stations 
operating in the 24.75-25.25 GHz band within the county where the 
proposed earth station is located that meet the criteria contained in 
either paragraphs (g)(1) (g)(2), (g)(3) or (g)(4) of this section, and 
there are no more than 14 other authorized earth stations operating in 
the 24.75-25.25 GHz band within the Partial Economic Area where the 
proposed earth station is located that meet the criteria contained in 
paragraphs (g)(1) (g)(2), (g)(3) or (g)(4) of this section. For 
purposes of this requirement, multiple earth stations that are 
collocated with or at a location contiguous to each other shall be 
considered as one earth station;
    (ii) The area in which the earth station generates a power flux 
density (PFD), at 10 meters above ground level, of greater than or 
equal to -77.6 dBm/m\2\/MHz, together with the similar area of any 
other earth station operating in the 24.75-25.25 GHz band authorized 
pursuant to paragraph (g) of this section, does not cover, in the 
aggregate, more than the amount of population of the county within 
which the earth station is located as noted below:

[[Page 34490]]



                     Table 1 to Paragraph (g)(4)(ii)
------------------------------------------------------------------------
                                             Maximum permitted aggregate
  Population within the county where earth   population within -77.6 dBm/
             station is located                m\2\/MHz PFD contour of
                                                    earth stations
------------------------------------------------------------------------
Greater than 450,000.......................  0.1 percent of population
                                              in county.
Between 6,000 and 450,000..................  450 people.
Fewer than 6,000...........................  7.5 percent of population
                                              in county.
------------------------------------------------------------------------

    (iii) The area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m2/MHz 
does not contain any major event venue, urban mass transit route, 
passenger railroad, or cruise ship port. In addition, the area 
mentioned in paragraph (a)(4)(ii) of this section shall not cross any 
of the following types of roads, as defined in functional 
classification guidelines issued by the Federal Highway Administration 
pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and 
Expressways, or Other Principal Arterial. The Federal Highway 
Administration Office of Planning, Environment, and Realty Executive 
Geographic Information System (HEPGIS) map contains information on the 
classification of roads. For purposes of this rule, an urban area shall 
be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21 
of the United States Code.
    (iv) The applicant has successfully completed frequency 
coordination with the UMFUS licensees within the area in which the 
earth station generates a PFD, at 10 meters above ground level, of 
greater than or equal to -77.6 dBm/m2/MHz with respect to existing 
facilities constructed and in operation by the UMFUS licensee. In 
coordinating with UMFUS licensees, the applicant shall use the 
applicable processes contained in Sec.  101.103(d) of this chapter. (f) 
If an earth station applicant or licensee in the 24.75-25.25 GHz, 27.5-
28.35 GHz, 37.5-40 GHz and/or 47.2-48.2 GHz bands enters into an 
agreement with an UMFUS licensee, their operations shall be governed by 
that agreement, except to the extent that the agreement is inconsistent 
with the Commission's rules or the Communications Act.
* * * * *

0
8. Amend Sec.  25.138 by revising the section heading and paragraph (a) 
introductory text, and paragraph (a)(6) to read as follows:


Sec.  25.138  Licensing requirements for GSO FSS earth stations in the 
conventional Ka-band and the 24.75-25.25 GHz band.

    (a) Applications for earth station licenses in the GSO FSS in the 
conventional Ka-band or the 24.75-25.25 GHz band that indicate that the 
following requirements will be met and include the information required 
by relevant provisions in Sec. Sec.  25.115 and 25.130 may be routinely 
processed:
* * * * *
    (6) The pfd at the Earth's surface produced by emissions from a 
space station operating in the conventional Ka-band, for all conditions 
including clear sky, and for all methods of modulation, shall not 
exceed a level of -118 dBW/m2/MHz, in addition to the limits specified 
in Sec.  25.208(d).
* * * * *

0
9. Amend Sec.  25.140 by:
0
a. Revising paragraphs (a)(2), (a)(3) introductory text, and (a)(3)(iv) 
through (v);
0
b. Adding paragraph (a)(3)(vi);
0
c. Revising paragraphs (b) introductory text, and (b)(3) through (5);
0
d. Removing paragraph (b)(6);
0
e. Removing and reserving paragraph (c); and
0
f. Revising paragraph (d) introductory text.
    The revisions and addition read as follows:


Sec.  25.140  Further requirements for license applications for GSO 
space station operation in the FSS and the 17/24 GHz BSS.

    (a) * * *
    (2) In addition to the information required by Sec.  25.114, an 
applicant for GSO FSS space station operation, including applicants 
proposing feeder links for space stations operating in the 17/24 GHz 
BSS, that will be located at an orbital location less than two degrees 
from the assigned location of an authorized co-frequency GSO space 
station, must either certify that the proposed operation has been 
coordinated with the operator of the co-frequency space station or 
submit an interference analysis demonstrating the compatibility of the 
proposed system with the co-frequency space station. Such an analysis 
must include, for each type of radio frequency carrier, the link noise 
budget, modulation parameters, and overall link performance analysis. 
(See Appendices B and C to Licensing of Space Stations in the Domestic 
Fixed-Satellite Service, FCC 83-184, and the following public notices, 
copies of which are available in the Commission's EDOCS database, 
available at https://www.fcc.gov/edocs: DA 03-3863 and DA 04-1708.) The 
provisions in this paragraph do not apply to proposed analog video 
operation, which is subject to the requirement in paragraph (a)(1) of 
this section.
    (3) In addition to the information required by Sec.  25.114, an 
applicant for a GSO FSS space station, including applicants proposing 
feeder links for space stations operating in the 17/24 GHz BSS, must 
provide the following for operation other than analog video operation:
* * * * *
    (iv) With respect to proposed operation in the 24.75-25.25 GHz band 
(Earth-to-space), a certification that the proposed uplink operation 
will not exceed the applicable EIRP density envelopes in Sec.  
25.138(a) and that the associated space station will not generate a 
power flux density at the Earth's surface in excess of the applicable 
limits in this part, unless the non-routine uplink and/or downlink FSS 
operation is coordinated with operators of authorized co-frequency 
space stations at assigned locations within six degrees of the orbital 
location and except as provided in paragraph (d) of this section.
    (v) With respect to proposed operation in the 4500-4800 MHz (space-
to-Earth), 6725-7025 MHz (Earth-to-space), 10.70-10.95 GHz (space-to-
Earth), 11.20-11.45 GHz (space-to-Earth), and/or 12.75-13.25 GHz 
(Earth-to-space) bands, a statement that the proposed operation will 
take into account the applicable requirements of Appendix 30B of the 
ITU Radio Regulations (incorporated by reference, see Sec.  25.108) and 
a demonstration that it is compatible with other U.S. ITU filings under 
Appendix 30B.
    (vi) With respect to proposed operation in other FSS bands, an 
interference analysis demonstrating compatibility with any previously 
authorized co-frequency space station at a location two degrees away or 
a certification that the proposed operation has been coordinated with 
the operator(s) of the previously authorized

[[Page 34491]]

space station(s). If there is no previously authorized space station at 
a location two degrees away, the applicant must submit an interference 
analysis demonstrating compatibility with a hypothetical co-frequency 
space station two degrees away with the same receiving and transmitting 
characteristics as the proposed space station.
    (b) Each applicant for a license to operate a space station 
transmitting in the 17.3-17.8 GHz band must provide the following 
information, in addition to that required by Sec.  25.114:
* * * * *
    (3) An applicant for a license to operate a space station 
transmitting in the 17.3-17.8 GHz band must certify that the downlink 
power flux density on the Earth's surface will not exceed the values 
specified in Sec.  25.208(c) and/or (w), or must provide the 
certification specified in Sec.  25.114(d)(15)(ii).
    (4) An applicant for a license to operate a space station 
transmitting in the 17.3-17.8 GHz band to be located less than four 
degrees from a previously licensed or proposed space station 
transmitting in the 17.3-17.8 GHz band, must either certify that the 
proposed operation has been coordinated with the operator of the co-
frequency space station or provide an interference analysis of the kind 
described in paragraph (a) of this section, except that the applicant 
must demonstrate that its proposed network will not cause more 
interference to the adjacent space station transmitting in the 17.3-
17.8 GHz band operating in compliance with the technical requirements 
of this part, than if the applicant were locate at an orbital 
separation of four degrees from the previously licensed or proposed 
space station.
    (5) In addition to the requirements of paragraphs (b)(3) and (4) of 
this section, the link budget for any satellite in the 17.3-17.8 GHz 
band (space-to-Earth) must take into account longitudinal 
stationkeeping tolerances. Any applicant for a space station 
transmitting in the 17.3-17.8 GHz band that has reached a coordination 
agreement with an operator of another space station to allow that 
operator to exceed the pfd levels specified in Sec.  25.208(c) or Sec.  
25.208(w), must use those higher pfd levels for the purpose of this 
showing.
    (c) [Reserved]
    (d) An operator of a GSO FSS space station in the conventional or 
extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz 
band (Earth-to-space), or conventional Ka-band may notify the 
Commission of its non-routine transmission levels and be relieved of 
the obligation to coordinate such levels with later applicants and 
petitioners.
* * * * *


Sec.  25.203  [Amended]

0
10. Amend Sec.  25.203 by removing and reserving paragraph (l).

0
11. Amend Sec.  25.204 by removing paragraph (e)(4) and revising 
paragraphs (e) introductory text, (e)(1) and (3) to read as follows:


Sec.  25.204  Power limits for earth stations.

* * * * *
    (e) To the extent specified in paragraphs (e)(1) through (e)(3) of 
this section, earth stations in the Fixed-Satellite Service may employ 
uplink adaptive power control or other methods of fade compensation to 
facilitate transmission of uplinks at power levels required for desired 
link performance while minimizing interference between networks.
    (1) Except when paragraphs (e)(2) through (e)(3) of this section 
apply, transmissions from FSS earth stations in frequencies above 10 
GHz may exceed the uplink EIRP and EIRP density limits specified in the 
station authorization under conditions of uplink fading due to 
precipitation by an amount not to exceed 1 dB above the actual amount 
of monitored excess attenuation over clear sky propagation conditions. 
EIRP levels must be returned to normal as soon as the attenuating 
weather pattern subsides.
* * * * *
    (3) FSS earth stations transmitting to geostationary space stations 
in the 24.75-25.25 GHz, 28.35-28.6 GHz, and/or 29.25-30.0 GHz bands may 
employ uplink adaptive power control or other methods of fade 
compensation. For stations employing uplink power control, the values 
in paragraphs (a)(1), (2), and (4) of Sec.  25.138 may be exceeded by 
up to 20 dB under conditions of uplink fading due to precipitation. The 
amount of such increase in excess of the actual amount of monitored 
excess attenuation over clear sky propagation conditions must not 
exceed 1.5 dB or 15 percent of the actual amount of monitored excess 
attenuation in dB, whichever is larger, with a confidence level of 90 
percent except over transient periods accounting for no more than 0.5 
percent of the time during which the excess is no more than 4.0 dB.
* * * * *

0
12. Amend Sec.  25.209 by revising paragraph (f) to read as follows:


Sec.  25.209  Earth station antenna performance standards.

* * * * *
    (f) A GSO FSS earth station with an antenna that does not conform 
to the applicable standards in paragraphs (a) and (b) of this section 
will be authorized only if the applicant demonstrates that the antenna 
will not cause unacceptable interference. This demonstration must 
comply with the requirements in Sec. Sec.  25.138, 25.218, 25.220, 
25.221, 25.222, 25.226, or Sec.  25.227, as appropriate.
* * * * *

0
13. Amend Sec.  25.210 by revising paragraph (i) to read as follows:


Sec.  25.210  Technical requirements for space stations.

* * * * *
    (i) 17/24 GHz BSS space station antennas transmitting in the 17.3-
17.8 GHz band must be designed to provide a cross-polarization 
isolation such that the ratio of the on axis co-polar gain to the 
cross-polar gain of the antenna in the assigned frequency band is at 
least 25 dB within its primary coverage area.
* * * * *

0
14. Amend Sec.  25.220 by revising paragraph (a) to read as follows:


Sec.  25.220  Non-routine transmit/receive earth station operations.

    (a) The requirements in this section apply to applications for, and 
operation of, earth stations transmitting in the conventional or 
extended C-bands, the conventional or extended Ku-bands, the 24.75-
25.25 GHz band, or the conventional Ka-band that do not qualify for 
routine licensing under relevant criteria in Sec. Sec.  25.138, 25.211, 
25.212, 25.218, 25.221(a)(1) or (a)(3), Sec.  25.222(a)(1) or (a)(3), 
Sec.  25.226(a)(1) or (a)(3), or Sec.  25.227(a)(1) or (a)(3).
* * * * *


Sec.  25.223  [Removed and Reserved]

0
15. Remove and reserve Sec.  25.223.

0
16. Revise Sec.  25.262 to read as follows:


Sec.  25.262  Licensing and domestic coordination requirements for 17/
24 GHz BSS space stations.

    (a) An applicant may be authorized to operate a space station 
transmitting in the 17.3-17.8 GHz band at levels up to the maximum 
power flux density limits defined in Sec.  25.208(c) and/or Sec.  
25.208(w), without coordinating its power flux density levels with 
adjacent licensed or permitted operators, only if there is no licensed 
space station, or prior-filed application for a space station 
transmitting in the 17.3-17.8 GHz band at a location less than four 
degrees from the orbital location at

[[Page 34492]]

which the applicant proposes to operate.
    (b) Any U.S. licensee or permittee authorized to transmit in the 
17.3-17.8 GHz band that does not comply with the power flux-density 
limits set forth in Sec.  25.208(c) and/or Sec.  25.208(w) shall bear 
the burden of coordinating with any future co-frequency licensees and 
permittees of a space station transmitting in the 17.3-17.8 GHz band 
under the following circumstances:
    (1) If the operator's space-to-Earth power flux-density levels 
exceed the power flux-density limits set forth in Sec.  25.208(c) and/
or Sec.  25.208(w) by 3 dB or less, the operator shall bear the burden 
of coordinating with any future operators proposing a space station 
transmitting in the 17.3-17.8 GHz band in compliance with power flux-
density limits set forth in Sec.  25.208(c) and/or Sec.  25.208(w) and 
located within 6 degrees of the operator's 17/24 GHz BSS 
space station.
    (2) If the operator's space-to-Earth power flux-density levels 
exceed the power flux-density limits set forth in Sec.  25.208(c) and/
or Sec.  25.208(w) by more than 3 dB, the operator shall bear the 
burden of coordinating with any future operators proposing a space 
station transmitting in the 17.3-17.8 GHz band in compliance with power 
flux-density limits set forth in Sec.  25.208(c) and/or Sec.  25.208(w) 
and located within 10 degrees of the operator's space 
station.
    (3) If no good faith agreement can be reached, the operator of the 
space station transmitting in the 17.3-17.8 GHz band that does not 
comply with Sec.  25.208(c) and/or Sec.  25.208(w) shall reduce its 
space-to-Earth power flux-density levels to be compliant with those 
specified in Sec.  25.208(c) and/or Sec.  25.208(w).
    (c) Any U.S. licensee or permittee using a space station 
transmitting in the 17.3-17.8 GHz band that is required to provide 
information in its application pursuant to Sec.  25.140(b)(4) must 
accept any increased interference that may result from adjacent space 
stations transmitting in the 17.3-17.8 GHz band that are operating in 
compliance with the rules for such space stations specified in 
Sec. Sec.  25.140(b), 25.202(a)(9) and (e)-(g), 25.208(c) and (w), 
25.210(i)-(j), 25.224, 25.262, 25.264(h), and 25.273(a)(3)).
    (d) Notwithstanding the provisions of this, licensees and 
permittees will be allowed to apply for a license or authorization for 
a replacement satellite that will be operated at the same power level 
and interference protection as the satellite to be replaced.

PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE

0
17. The authority citation for part 30 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307, 
309, 310, 316, 332, 1302.


0
18. Amend Sec.  30.104 by revising the section heading, redesignating 
paragraphs (b) through (e) as paragraphs (c) through (f), adding new 
paragraph (b), and revising newly redesignated paragraphs (c), (e), and 
(f) to read as follows:


Sec.  30.104  Performance requirements.

* * * * *
    (b) In the alternative, a licensee may make its buildout showing on 
the basis of geographic area coverage. To satisfy the requirements of 
using this metric, licensees relying on mobile or point-to-multipoint 
service must show that they are providing reliable signal coverage and 
service to at least 25% of the geographic area of the license. The 
geographic area of the license shall be determined by the total land 
area of the county or counties covered by the license. Licensees 
relying on fixed point-to-point links or other, low-power point-to-
point connections must show that they have deployed at least one 
transmitter or receiver in at least 25% of the census tracts within the 
license area. All equipment relied upon in the showing, whatever type 
of service or connection it provides, must be operational and providing 
service, either to customers or for internal use, as of the date of the 
filing.
    (c) Showings that rely on a combination of multiple types of 
service will be evaluated on a case-by-case basis. Licensees may not 
combine population-based showings with geographic area-based showings.
* * * * *
    (e) Failure to meet this requirement will result in automatic 
cancellation of the license. In bands licensed on a Partial Economic 
Area basis, licensees will have the option of partitioning a license on 
a county basis in order to reduce the population or land area within 
the license area to a level where the licensee's buildout would meet 
one of the applicable performance metrics.
    (f) Existing 24 GHz, 28 GHz and 39 GHz licensees shall be required 
to make a showing pursuant to this section by June 1, 2024.

0
19. Revise Sec.  30.208 to read as follows:


Sec.  30.208  Operability.

    Mobile and transportable stations that operate on any portion of 
frequencies within the 27.5-28.35 GHz or the 37-40 GHz bands must be 
capable of operating on all frequencies within those particular bands. 
Mobile and transportable stations that operate on any portion of either 
the 24.25-24.45 GHz or 24.75-25.25 GHz bands must be capable of 
operating on all frequencies within both of those bands.

[FR Doc. 2018-14806 Filed 7-19-18; 8:45 am]
BILLING CODE 6712-01-P