[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Rules and Regulations]
[Pages 42043-42045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17296]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[GN Docket Nos. 18-122, 17-183, RM-11791, RM-11778; FCC 18-91]


Expanding Flexible Use of the 3.7 to 4.2 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final action.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) adopts certification and information collection 
requirements for 3.7-4.2 GHz band spectrum that will be available for 
new wireless uses while balancing desired speed to the market, 
efficiency of use, and effectively accommodating incumbent Fixed 
Satellite Service (FSS) and Fixed Service (FS) operations in the band.

DATES: The certification requirements are adopted effective August 20, 
2018; except for Earth Station and Space Station Information 
Collections in paragraphs 7-12, which contain information collection 
requirements that have not been approved by the Office of Management 
and Budget. The FCC will publish a document in the Federal Register 
announcing the effective date for those requirements.

FOR FURTHER INFORMATION CONTACT: Christopher Bair of the International 
Bureau, Satellite Division, at 202-418-0945 or 
[email protected]. For information regarding the Paperwork 
Reduction Act contact Cathy Williams, Office of Managing Director, at 
(202) 418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
GN Docket No. 18-122, FCC 18-91, adopted on July 12, 2018, and released 
on July 13, 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).

Paperwork Reduction Act

    The Commission, as part of its continuing effort to reduce 
paperwork burdens, intends to invite the general public and the Office 
of Management and Budget (OMB) to comment on the information collection 
requirements contained in this document, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), the Commission will also seek specific comment on 
how we might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

Congressional Review Act

    The Commission will send a copy of this 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).

I. Introduction

    1. In this proceeding, the Commission is pursuing the joint goals 
of making spectrum available for new wireless uses while balancing 
desired speed to the market, efficiency of use, and effectively 
accommodating incumbent Fixed Satellite Service (FSS) and Fixed Service 
(FS) operations in the band. To gain a clearer understanding of the 
operations of current users in the 3.7-4.2 GHz band, the Commission is 
requiring certifications and collecting information on current FSS 
uses.

II. Background

    2. In the 2017 Mid-Band Notice of Inquiry (Mid-Band NOI), the 
Commission began an evaluation of whether spectrum in-between 3.7 GHz 
and 24 GHz can be made available for flexible use--particularly for 
wireless broadband services.\1\
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    \1\ Expanding Flexible Use in Mid-Band Spectrum Between 3.7 and 
24 GHz, GN Docket No. 17-183, Notice of Inquiry, 32 FCC Rcd 6373 
(2017) (Mid-Band NOI).
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III. Order: Collecting Information on Satellite Usage of the Band

    3. The record in response to the Mid-Band NOI reflects that the 
Commission's information regarding current use of the band is 
inaccurate and/or incomplete. Therefore, the Commission is collecting 
additional information to make an informed decision about the proposals 
discussed herein--including the scope of future FSS, FS, and potential 
mobile use of the band and the appropriate transition methodology. It 
is important that the Commission obtain a clear understanding of the 
operations of current users in the band. This user data will be vital 
to our consideration of how much spectrum could be made available, how 
incumbent operators could be protected, accommodated, or relocated, and 
the overall structure of the band going forward.
    4. In furtherance of the Commission's goals of fostering more 
efficient and intensive use of the 3.7-4.2 GHz band as expeditiously as 
possible while protecting existing operations in the band from harmful 
interference, by this Order the Commission adopts the

[[Page 42044]]

certification and information collection requirements described in 
paragraphs 5-12 below. The Commission and the public will use the 
information collected to evaluate future use of the 3.7-4.2 GHz band. 
The information may also be used in defining incumbent earth stations 
to be protected from harmful interference consistent with parameters 
that may be developed in this proceeding. FSS operators may request 
confidential treatment of some or all of the information that they 
submit, consistent with the Commission's rules.\2\
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    \2\ Although the Broadband Access Coalition argues that all of 
the information required to be submitted by earth stations is ``is 
no different from the detailed technical information provided, and 
made publicly available, for wireless providers in other services,'' 
and thus should not be afforded confidential treatment, Broadband 
Access Coalition June 29, 2018 Ex Parte Letter, GN Docket No. 18-
122, at 4, the Commission will review and assess requests for 
confidential treatment for the information submitted in response to 
this information collection according to the procedures set forth in 
the Commission's rules. See 47 CFR 0.459.
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    5. Earth Station Data.-- In order to evaluate the potential for a 
flexible use allocation in the 3.7-4.2 GHz band and determine how much 
spectrum could be made available, the Commission must evaluate the 
existing earth station usage of C-band satellites--including location 
and technical data that may be necessary to mitigate harmful 
interference. This information will assist the Commission in 
determining whether earth stations will need to be protected as well as 
how they may need to be protected depending on how the Commission moves 
forward with increasing the intensity of terrestrial use of the band. 
It will also allow the Commission to evaluate the feasibility of the 
various transition proposals.
    6. The Commission directs operators of FSS earth stations, 
including temporary fixed or transportable earth stations, in the 3.7-
4.2 GHz band that are licensed or registered (authorized) in 
International Bureau Filing System (IBFS) to certify the accuracy of 
all information reflected on their license or registration in IBFS. 
Given that they recently will have filed for new or modified licenses 
or registrations in IBFS, the Commission exempts from this Order those 
operators that file between April 19, 2018, and October 17, 2018, using 
the processes outlined in the Earth Station Filing Window Public 
Notices, including those that filed without coordination.\3\ This 
certification is necessary to inform the Commission's decisions in this 
proceeding. Although the Commission does not require FSS earth station 
operators to provide additional information on their existing 
operations at this time, the Commission intends to seek comment on 
protecting only those earth stations licensed or registered in IBFS for 
which the licensee/registrant timely files the certification required 
in this Order (to the extent they registered before April 19, 2018). 
The Commission also intends to seek comment on whether further earth 
station information should be collected in the future to facilitate 
more efficient use of the 3.7-4.2 GHz band.\4\
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    \3\ See Temporary Freeze on Applications for New or Modified 
Fixed Satellite Service Earth Stations and Fixed Microwave Stations 
in the 3.7-4.2 GHz Band; 90-Day Window to File Applications for 
Earth Stations Currently Operating in 3.7-4.2 GHz Band, GN Docket 
No. 17-183, WTB Docket No. 18-122, Public Notice, DA 18-398 at 1 
(IB/PSHSB/WTB Apr. 19, 2018), 83 FR 21746 (May 10, 2018); 
International Bureau Announces 90-Day Extension of Filing Window, to 
October 17, 2018, to File Applications for Earth Stations Currently 
Operating in 3.7-4.2 GHz Band, Filing Options for Operators with 
Multiple Earth Station Antennas, Public Notice, DA 18-639 (IB Jun. 
21, 2018), 83 FR 35454 (July 26, 2018) (collectively, the Earth 
Station Filing Window Public Notices).
    \4\ NCTA--The Internet & Television Association filed an ex 
parte suggesting that this information collection order was not 
properly noticed under the Administrative Procedure Act (APA). 
Letter from Danielle Pi[ntilde]eres, NCTA, to Marlene Dortch, FCC, 
GN Docket No. 18-122 at 1-3 (filed July 2, 2018). While the 
Commission has discretion to seek comment before undertaking an 
information collection, it has never taken the position that such 
comment is a necessary prerequisite. Because the information 
collection adopted here is designed solely to obtain the information 
necessary to evaluate whether to adopt future Commission rules, it 
has no direct ``future effect'' and as such is not a rule requiring 
notice under the APA. See 5 U.S.C. 551(4); see also 44 U.S.C. 
3507(c) (providing for PRA approval of an information collection not 
contained in a proposed rule). After adoption of the present Order, 
the Commission will comply with the PRA's requirements, including by 
seeking public comment on, and Office of Management and Budget 
approval of, the final information collection before it becomes 
effective. As is permitted by the PRA, 44 U.S.C. 3506(c)(1)(B)(iii), 
this information collection is mandatory, but this Order does not 
specify any penalty for failure to respond.
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    7. Further, to account for the variable nature of temporary fixed 
or transportable earth stations,\5\ the Commission orders all such 
operations to submit additional information about their operations 
regardless of when they were licensed or registered. This information 
shall include:
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    \5\ A temporary fixed or transportable earth station is a fixed 
earth station that remains at a location for less than six months. 
See 47 CFR 25.277. Operations from these fixed stations are on a 
temporary basis and therefore variable in nature. A satellite news 
gathering truck is a common example of a temporary fixed or 
transportable earth station.
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     Earth station call sign (or IBFS file number if a 
registration filed between April 19, 2018 and October 17, 2018, is 
pending);
     geographic location where the equipment is typically 
stored;
     the area within which the equipment is typically used;
     how often the equipment is used and the duration of such 
use (i.e., please provide examples of typical deployments, e.g., 
operation x days a week at sports arenas within a radius of y miles of 
its home base);
     number of transponders typically used in the 3.7-4.2 GHz 
band and extent of use on both the uplink and downlink; and
     licensee/registrant and point of contact information.
    8. These data are needed to better understand the use of the band 
by temporary fixed or transportable operations. IBFS does not reflect 
the variations in the locations or intermittent use of such operations. 
This presents unique challenges for establishing a means of protecting 
temporary fixed or transportable operations against harmful 
interference.
    9. The Commission directs the Wireless Telecommunications Bureau, 
International Bureau, and Office of Engineering and Technology (the 
Bureaus) to issue a Public Notice that will: (1) Provide detailed 
instructions for earth station licensees or registrants to file 
certifications regarding existing information in IBFS; (2) establish a 
window for initial filings of certifications; and (3) outline the 
details for temporary fixed or transportable earth stations to submit 
the information requested above. Because the Commission may use these 
data to inform its deliberations regarding the future use of the 3.7-
4.2 GHz band, including possible interference avoidance coordination or 
relocation of facilities, the Commission encourages FSS earth station 
operators to update their information in the event of a change in any 
of the operational parameters.
    10. Space Station Data.--In order to evaluate the potential for a 
flexible use allocation in the 3.7-4.2 GHz band and to determine how 
much spectrum could be made available, it is also necessary to evaluate 
the existing FSS downlink capacity of C-band satellites. This 
information will assist the Commission in determining whether there is 
sufficient capacity in the upper portion of the C-band to accommodate 
customers vacating transponders from the lower portion of the C-band. 
It will also allow the Commission to evaluate the feasibility of 
various transition proposals.
    11. Accordingly, operators with existing FSS space station licenses 
or grants of United States market access in the 3.7-4.2 GHz band shall 
provide the following information:
     Satellite call sign, name, and orbital location;

[[Page 42045]]

     expected end-of-life for satellite;
     the approximate dates that any additional C-band 
satellites with a currently pending application in IBFS are planned for 
launch to serve the United States market (note whether this satellite 
is a replacement);
     whether any additional C-band satellites that do not have 
a currently pending application in IBFS are planned for launch to serve 
the United States market and the approximate date of such launch (note 
whether this satellite is a replacement);
     for each transponder operating in the 3.7-4.2 GHz range 
that is operational and legally authorized to serve customers in the 
United States, for the most recent month,\6\ provide the following:
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    \6\ The ``most recent month'' will be defined in the Bureaus' 
forthcoming public notice and will be a month following release of 
this Order.
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     the frequency range of transponder and transponder number; 
\7\
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    \7\ For purposes of this information collection, ``transponder 
number'' refers to a standard 36 megahertz wide transponder and that 
transponder numbering (1-24) is based on the former center-frequency 
requirement for C-band space stations. See 47 CFR 25.211(a) (2014). 
While this rule is no longer in effect, most satellites providing 
service to the United States in the 3.7-4.2 GHz band are configured 
in accordance with the transponder plan described in the rule.
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     the capacity in terms of the number of megahertz on each 
transponder that are currently under contract (also provide this data 
for one month in 2016); \8\
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    \8\ The information collected will provide comparative data of 
transponder usage over time and allow the Commission and the public 
to evaluate options for the future use of the 3.7-4.2 GHz band.
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     For each day in the most recent month, please provide the 
percentage of each transponder's capacity (megahertz) utilized and the 
maximum capacity utilized on that day. (Parties should use the most 
recent month of data and provide the date range at which the data was 
collected; they may also supplement the data with historical trend data 
over recent months up to three years if they feel it displays 
utilization variances);
     the center frequency and bandwidth of the Telemetry 
Tracking and Command beam(s); and
     the call sign and geographic location (using NAD83 
coordinates) of each TT&C receive site.
    12. The Commission will seek approval from the Office of Management 
and Budget (OMB) before the information collection becomes effective, 
and following OMB approval, the Commission will publish notice of the 
effective date of the information collection and filing deadline in the 
Federal Register. The Commission also directs the Bureaus to consider 
whether additional information should be collected from either FSS 
earth station operators or satellite licensees and to seek notice and 
comment regarding the need to initiate a second information collection 
if such additional information is necessary to supplement the 
information submitted in this proceeding.

IV. Ordering Clauses

    13. It is further ordered that pursuant to section 4(i) of the 
Communications Act of 1934, as amended, that this Order is adopted 
effective upon publication in the Federal Register. This Order contains 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 that are not effective until approved by the Office of 
Management and Budget.
    14. It is further ordered that the notice of inquiry, GN Docket No. 
17-183, Expanding Flexible Use in the Mid-Band Spectrum Between 3.7-24 
GHz, adopted on August 3, 2017, is terminated as to the 3.7-4.2 GHz 
band.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-17296 Filed 8-17-18; 8:45 am]
BILLING CODE 6712-01-P