[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Proposed Rules]
[Pages 12987-13001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06349]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, 20, 27 and 90
[WT Docket No. 17-200; FCC 19-18]
Commission Proposes To Reconfigure the 900 MHz Band To Facilitate
Broadband Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) proposes and seeks comment on facilitating broadband
deployment in the 896-901/935-940 MHz band (900 MHz band) currently
configured for narrowband operations. Specifically, the Commission
proposes to realign the band to create a paired \3/3\ megahertz
broadband segment, licensed on a geographic basis, while reserving two
remaining segments for continued narrowband operations. The Commission
proposes to authorize a market-driven voluntary exchange process that
would allow existing licensees in the band to mutually agree to a plan
for clearing of the broadband segment by relocating site-based
incumbents to narrowband spectrum. The Commission also seeks comment on
two other transition methods--an auction of overlay licenses and an
incentive auction, options that might be needed to effectuate 900 MHz
band realignment in certain markets. This proposed action is consistent
with the Commission's ongoing recent efforts to increase access to
flexible-use spectrum.
DATES: Interested parties may file comments on or before May 3, 2019,
and reply comments on or before June 3, 2019.
ADDRESSES: You may submit comments, identified by WT Docket No. 17-200,
by any of the following methods:
Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
Mail: All hand-delivered or messenger-delivered paper
filings for the Commission's Secretary must be delivered to FCC
Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554.
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes and boxes
must be disposed of before entering the building. Commercial overnight
mail (other than U.S. Postal Service Express Mail and Priority Mail)
must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S.
Postal Service first-class, Express, and Priority mail must be
addressed to 445 12th Street SW, Washington, DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
[[Page 12988]]
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Stana Kimball,
[email protected], of the Wireless Telecommunications Bureau,
Mobility Division, (202) 418-1306.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in WT Docket No. 17-200, FCC 19-18,
released on March 14, 2019. The complete text of the NPRM is available
for viewing via the Commission's ECFS website by entering the docket
number, WT Docket No. 17-200. The complete text of the NPRM is also
available for public inspection and copying from 8:00 a.m. to 4:30 p.m.
Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30
a.m. ET on Fridays in the FCC Reference Information Center, 445 12th
Street SW, Room CY-B402, Washington, DC 20554, telephone 202-488-5300,
fax 202-488-5563.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
email to [email protected] or calling the Consumer and Government Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Comment and Reply Comment Filing Instructions
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415 and 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Parties should only file
in GN Docket No. 17-258. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail. All filings must be addressed to
the Commission's Secretary, Office of the Secretary, Federal
Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Ex Parte Presentations
The proceeding this NPRM initiates shall be treated as a ``permit-
but-disclose'' proceeding in accordance with the Commission's ex parte
rules (47 CFR 1.1200 et seq.). Persons making ex parte presentations
must file a copy of any written presentation or a memorandum
summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine
period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentation must (1) list all
persons attending or otherwise participating in the meeting at which
the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda or other filings in the proceeding, the presenter may provide
citations to such data or arguments in his or her prior comments,
memoranda, or other filings (specifying the relevant page and/or
paragraph numbers where such data or arguments can be found) in lieu of
summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules. We find that all ex parte presentations
made by NTIA or Department of Defense representatives are exempt under
our exemption for presentations by federal agencies sharing
jurisdiction with the Commission (see 47 CFR 1.1204(a)(5)).
I. Notice of Proposed Rulemaking
1. The NPRM proposes to realign the 900 MHz band \1\ to enable
broadband deployment, and seeks comment on how to realign the band, how
to conduct a transition, and the technical rules needed to make the
realignment a reality. The NPRM proposes to create a \3/3\ megahertz
segment broadband segment and to reserve the remainder of the 900 MHz
band for continued narrowband operations. The Commission believes this
proposal furthers important goals of the Communications Act of 1934, as
amended (Communications Act), including improving the efficiency of
spectrum use, and seeks comment on this view.
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\1\ The 900 MHz band consists of 399 narrowband (12.5 kilohertz)
frequency pairs grouped into 10-channel blocks that alternate
between Specialized Mobile Radio (SMR) blocks that are
geographically licensed by Major Trading Area (MTA) and Business/
Industrial Land Transportation (B/ILT) blocks in which channels are
assigned on a site-by-site basis.
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A. Band Realignment To Create Broadband Licenses
2. The NPRM propose a 3/3 megahertz broadband segment. The
Commission anticipates that paired three megahertz blocks would be most
suitable to create a viable broadband service in this band, and that
paired 1.5 and .5 megahertz blocks could provide enough spectrum for
900 MHz narrowband operations. Three megahertz blocks are supported by
wireless technical standards such as Long Term Evolution (LTE), and
they are also favored by commenters. The Commission's goal is to open
the 900 MHz band for additional uses that will facilitate increased
efficiency and encourage innovation, while continuing to accommodate
narrowband incumbents. The NPRM seeks comment on this proposed
approach, including its costs and benefits.
3. To provide additional flexibility for the deployment of
broadband services
[[Page 12989]]
in the 900 MHz band, the NPRM proposes to replace the Land Mobile
Service allocation in the 900 MHz band with a Mobile Except
Aeronautical Mobile Service allocation on a co-primary basis with the
Fixed Service, consistent with the allocations in the 890-902 MHz and
928-942 MHz bands in Region 2 of the International Table of Frequency
Allocations.
4. The NPRM proposes to designate 897.5-900.5 MHz/936.5-939.5 MHz
as the broadband segment, leaving two separate narrowband segments: A
1.5/1.5 megahertz segment (896-897.5/935-936.5 MHz) below the broadband
segment and a .5/.5 megahertz segment (900.5-901/939.5-940 MHz) above
the broadband segment.\2\ This arrangement provides 1.5 megahertz of
separation between the broadband segment and the 894-896 MHz Air-Ground
Radiotelephone Service/932-935 MHz fixed microwave systems spectrum,
and 500 kilohertz of separation between the broadband segment and the
901-902/940-941 MHz Narrowband Personal Communications Service
spectrum.
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\2\ That is, we propose that the broadband segment be composed
of the existing channels with center frequencies from 897.5125/
936.5125 MHz (channel 121) to 900.5/939.5 MHz (channel 360).
Channels 1-120 and 361-399 would continue to be designated for
narrowband operations.
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5. Under the Commission's proposal, in the markets that are
transitioned to broadband use through one or more of the mechanisms
described in the NPRM, the 896-897.5/935-936.5 MHz and 900.5-901/939.5-
940 MHz bands would no longer have a distinction between B/ILT and SMR
blocks, but instead they would be designated as the narrowband segment
available for site-based operations. The NPRM seeks comment on the rule
modifications that may be necessary to facilitate band realignment and
the creation of separate narrowband and broadband segments.
Specifically, how should the Commission grant access to the narrowband
segment and determine eligibility for narrowband segment licenses? To
what extent will the Commission's interference protection criteria need
to be modified to account for the existence of incumbent users and new
licensed operations in the narrowband segment? The Commission also
seeks comment on whether any necessary rule changes may vary depending
on the specific transition mechanisms that the Commission may
implement.
6. The NPRM further seeks comment on redesignating the entire band
for broadband operation. It seeks specific comment on whether the
Commission should take any action to facilitate \5/5\ megahertz
broadband operation on a nationwide basis or only in particular areas,
such as where a single licensee controls all or almost all of the band
or where there are very few narrowband users and little demand as
demonstrated by lack of licensing activity. What additional rule
changes, if any, would we need to make to effectuate such a proposal?
The Commission asks commenters to also discuss and quantify the costs
and benefits of this or any other alternative approaches, such as a
1.4/1.4 megahertz broadband channel coupled with larger protection
bands between broadband and narrowband operations.
7. Consistent with the Commission's approach in several other bands
used to provide fixed and mobile services, the NPRM proposes to license
the broadband segment on a geographic area basis and seeks comment on
the appropriate geographic licensing area for the broadband segment.
Due to wide variations in levels of incumbent use of 900 MHz band
across geographic areas, the Commission seeks comment on issuing
broadband licenses on a county-by-county basis and asks whether to base
such a county licensing scheme on 2017 county boundaries, the most
recent county boundaries currently available through the Census Bureau,
as used in the 3.5 GHz band. As an alternative, the Commission seeks
comment on issuing broadband licenses over a larger geography.
8. The NPRM asks commenters to address the most suitable license
area for 900 MHz band broadband licenses, and explain the costs and
benefits of various approaches, especially with respect to rural areas.
Would larger geographic licenses limit the ability of electric
utilities or other non-traditional stakeholders in acquiring such
licenses? Conversely, are there additional reasons that make larger
geographic areas better suited for the broadband license? The
Commission asks stakeholders to also comment on what license size would
best facilitate relocation of incumbent users.
B. Transition to the New Band Alignment
9. The NPRM first proposes to authorize a market-driven, voluntary
exchange process that would allow existing licensees to come together
and mutually agree to a plan for relocating site-based incumbents and
transitioning the band for broadband use. The Commission recognizes,
however, that a voluntary process may not be successful in all markets,
particularly those with a substantial number of incumbents. Therefore,
in order to facilitate a nationwide realignment for broadband uses, the
Commission also seeks comments on the two other methods of
transitioning the band to broadband use: an auction of overlay licenses
and an incentive auction. The NPRM seeks comment on the costs and
benefits of our proposal, any alternatives, and their combinations.
1. A Market-Driven Voluntary Exchange Process
10. The NPRM proposes to initially rely on a market-driven approach
through which 900 MHz licensees may engage in voluntary exchange
mechanisms to facilitate clearing of the broadband segment. This
approach seeks to take advantage of the speed and efficiency of
voluntary realignment through private agreements between incumbents.
The NPRM proposes to give site-based incumbents the opportunity to
relocate on a voluntary basis and allow an eligible party to acquire a
broadband license on a county-by-county basis in the cleared spectrum.
11. Under this proposal, the Commission would require the
prospective broadband licensee to hold the licenses for all 20
geographically-licensed blocks of 900 MHz SMR spectrum in the relevant
county. The prospective broadband licensee could then negotiate with
site-based incumbents to move narrowband operations out of the
broadband segment and agree to clear the spectrum to enable use of 3/3
megahertz of contiguous spectrum. Subject to the restrictions and
requirements discussed in this section, the new broadband licensee
could then apply for a license to operate on a primary basis in the 3/3
megahertz broadband segment in each county it successfully clears.
12. Eligibility. To be eligible for a new 900 MHz broadband license
in a given county, the NPRM proposes that the applicant must: (1) Hold
licenses covering the entire county for all 20 geographically-licensed
SMR blocks,\3\ (2) reach an agreement to clear from the broadband
segment, or demonstrate how it will protect, all covered incumbent
licensees, and (3) agree to return to the Commission all 900 MHz
licenses for the relevant county, including any site-based B/ILT or SMR
licenses. The NPRM seeks comment on these eligibility restrictions,
including
[[Page 12990]]
whether any of the terms should be defined in greater detail. It also
seeks comment on any other eligibility restrictions that may be
necessary to ensure an efficient realignment process and to limit the
amount of spectrum the Commission must license from inventory.
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\3\ The licensee must hold the rights to all spectrum associated
with each of the 20 SMR blocks, i.e., a total of 5 megahertz.
Alternatively, the Commission seeks comment on whether to allow a
licensee to use any combination of 900 MHz spectrum (e.g., B/ILT
and/or SMR) to be eligible for a new broadband license, provided
that such spectrum totals at least 5 megahertz and covers the entire
county for which it seeks a license.
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13. In certain markets, the Commission may currently hold some SMR
inventory, such that the prospective broadband licensee could not hold
all 20 geographically-licensed blocks of SMR spectrum. The NPRM seeks
comment on how to apply the proposed eligibility restriction in such
cases. Should the Commission decline to apply this process where the
Commission would need to issue additional spectrum from inventory
beyond the 1 megahertz already required to create a 3/3 broadband
segment in any market? Or, where some geographic-area SMR licenses
remain in Commission inventory, should it require the prospective
broadband licensee to hold all the SMR licenses that have been issued,
provided that it meets some minimum threshold of licenses? If so, what
would be the appropriate minimum threshold to facilitate the voluntary
exchange process in such markets while also mitigating the risk of an
undue windfall to the prospective broadband licensee?
14. Under this proposal, the prospective broadband licensee must
either reach an agreement to clear, or demonstrate how it will provide
interference protection to, all covered incumbents relating to the
county for which it seeks a 3/3 megahertz broadband license. The NPRM
proposes to define ``covered incumbents'' as any site-based licensee
that is required under current rules to be protected by the placement
of a broadband licensee's base station at any location within the
county. Under existing 900 MHz co-channel separation requirements, co-
channel systems must comply with a minimum spacing criteria of at least
113 kilometers (70 miles) separation distance between base stations.
Under the Commission's proposal, the prospective broadband licensee
would need to account for all covered incumbents in its Transition Plan
by demonstrating one or more of the following: (1) Agreement by covered
incumbents to relocate from the broadband segment, (2) protection of
covered incumbents through compliance with minimum spacing criteria,
and/or (3) protection of covered incumbents through new or existing
letters of concurrence agreeing to lesser base station separations. The
Commission seeks comment on this approach and asks commenters to
discuss the costs and benefits of any alternative approach.
15. Because the Commission's proposal is to implement a process
where successful voluntary negotiations in a given market would result
in band realignment and issuance of initial broadband licenses without
the filing of mutually exclusive applications, the NPRM seeks comment
on the risks that a prospective broadband licensee would realize an
undue windfall in markets where a voluntary exchange is achieved.
Should the Commission require the new broadband licensee to offset the
increase in value resulting from the creation of a contiguous band
segment? Should it require the prospective broadband licensee to
compensate the U.S. Treasury for the difference between the market
value of the 3/3 megahertz broadband license and the total value of the
SMR licenses it relinquishes, plus any costs it incurs to relocate
incumbents from the broadband segment? The Commission seeks comment on
whether these or any other anti-windfall provisions might be
appropriate in this proceeding and how to quantify the public benefits
of implementing a voluntary exchange option to repurpose the 900 MHz
band for broadband use, in light of any potential windfall that might
accrue to incumbents.
16. Applications. The NPRM proposes that an application seeking a
900 MHz broadband license must include: (1) A certification that the
applicant satisfies the eligibility restrictions (Eligibility
Certification), and (2) a plan for transitioning the band in the
particular county (Transition Plan) that describes the private
agreements between the prospective broadband licensee and all covered
incumbents. The Commission proposes that the Transition Plan must
describe in detail all information and actions necessary to accomplish
the realignment, including: (1) The spectrum frequencies within the
broadband segment that the prospective broadband licensee seeks from
Commission inventory, (2) the rights to all 20 geographically-licensed
SMR blocks, and any site-based SMR or B/ILT licenses in the county that
the licensee is relinquishing, (3) the applications that the parties to
the agreement will file for spectrum in the narrowband segment in order
to relocate or repack licensees, (4) a description of how the applicant
will provide interference protection to, and/or relocate from the
broadband segment, all covered incumbents, and (5) any rule waivers or
other actions necessary to implement the agreement.
17. The NPRM also seeks comment on whether incumbent site-based
licensees would be unduly burdened by the imposition of a mandatory
relocation requirement. Would requiring mandatory relocation as a
component of this transition mechanism be an effective means of
mitigating against holdouts, while also preserving the advantages of a
purely voluntary and market-driven approach? Should the Commission
limit any mandatory relocation to counties where the prospective
broadband licensee holds more than 3 megahertz uplink and 3 megahertz
downlink in the 900 MHz band (across the county including both SMR and
site-based licenses) and, if so, how should we calculate the site-based
spectrum holdings? The Commission seeks comment on the costs and
benefits of any approach for addressing the holdout problem.
18. Procedures. The NPRM proposes to commence the voluntary
exchange process by issuing a public notice opening a filing window to
accept applications consistent with the proposed eligibility and
application requirements. Because the voluntary exchange process is an
initial solution that may not result in clearing of a 3/3 broadband
segment in all markets, potentially requiring supplemental transition
methods, the Commission may ultimately implement an overlay or
incentive auction in those areas where the process does not result in
realignment of the band. The Commission therefore seeks comment on
whether the filing window should be open indefinitely, or whether it
should designate some period of time by which any qualifying
applications must be filed. Would creating a finite window help to
encourage negotiations and curtail holdout problems? If so, what period
of time would be sufficient to allow incumbents to complete
negotiations and develop an agreement to transition the band?
Conversely, if the window is undefined, should the Commission provide
notice prior to closing the window in those areas where voluntary
transition is not successful? If so, how much prior notice would be
sufficient for incumbents with pending negotiations to finalize an
agreement and make the necessary filings? The Commission seek comment
on these and any other issues relating to the application filing
window.
2. An Auction of Overlay Licenses
19. The NPRM also seeks comment on whether an auction of overlay
900 MHz broadband licenses, coupled with the right to mandatorily
relocate narrowband incumbents in the entire
[[Page 12991]]
band, might be a viable alternative method in certain markets to ensure
adequate access to broadband spectrum. Under this approach, the
Commission would conduct, where appropriate, an auction of a single 3/3
megahertz overlay license in a geographic area (e.g., county or other
area which the Commission finds most suitable for this transition
method). The winning bidder would be entitled to require incumbents to
relocate to narrowband frequencies outside the 3/3 broadband segment,
provided it pays for appropriate relocation costs as discussed below.
The Commission seeks comment on this alternative approach, particularly
the costs and benefits associated with implementation.
20. The NPRM also asks and seeks comment on whether it should
consider conducting an auction of a single 5/5 megahertz overlay
license in each market. Under the auction of either a 3/3 or 5/5
megahertz overlay license approach, the NPRM also seeks comment on
establishing a framework for compensating relocated incumbents. Should
the Commission require that overlay licensees provide mandatorily
relocated incumbents with ``comparable facilities,'' as the Commission
has required in other bands? Specifically, the Commission seeks comment
on the extent to which the rules governing 800 MHz rebanding would be
appropriate for relocation in the 900 MHz band, or whether other
relocation methodologies are more appropriate.
21. The NPRM seeks comment on the appropriate overall time frame
for mandatory relocation and how the Commission should proceed after
its completion. Would a 2-year period for mandatory relocation be
appropriate, or should the Commission consider a shorter or longer time
frame?
3. An Incentive Auction
22. The NPRM also seeks comment on whether the Commission should
consider using its incentive auction authority to reduce encumbrances
in the 900 MHz band. Under an incentive auction approach, the
Commission would create a single 3/3 megahertz broadband license in
each market by offering incentive-payments to existing MTA licensees in
exchange for relinquishing spectrum usage rights, while also repacking
site-based and any holdout MTA licensees. Incumbents with MTA licenses
would be offered incentive payments in the form of vouchers in exchange
for a commitment to relinquish their licensed spectrum usage rights.
Accepting vouchers would be voluntary, however, and any MTA licensees
participating in the auction for the broadband license would be
required to commit to accepting vouchers for all their current
licenses. In addition, any incumbent that wishes to bid for new
licenses offered at auction would be required to relinquish all of its
existing licenses for vouchers. The Commission would then run a clock
auction to set both the price of new county-level broadband licenses
and the amounts that incumbents will receive for relinquishing their
MTA licenses. This single clock auction would simultaneously serve as
the reverse and forward components of the incentive auction. At the end
of the auction, the value of an incumbent's vouchers would be
determined by the MHz-pops of spectrum usage rights relinquished and
the price per unit of spectrum in the market as determined in an
auction for the broadband license.
23. Under the incentive auction approach, the Commission would
require site-based incumbent licensees to be repacked into the
narrowband segments. All site-based incumbents (both within and outside
the broadband segment) would be repacked simultaneously with the
objective of minimizing the total number of channels required for these
licensees to operate. Newly created vacant channels would be available
to repack non-participating MTA licensees and to create the broadband
license. If the repacking plan determines that there is insufficient
spectrum to create a 3/3 megahertz broadband license, site-based
licensees would be offered vouchers in exchange for a commitment to
relinquish licenses. The NPRM seeks comment on this alternative
transition mechanism.
24. The NPRM also seek comment on whether to reimburse any costs of
relocating existing incumbents and, if so, how significant those costs
likely would be. It also seeks comment on how to quantify the existing
spectrum usage rights for purposes of offering vouchers to incumbents
that do not hold geographic licenses in cases where such offers are
required to achieve a 3/3 megahertz broadband license.
25. The clock auction format would proceed in a series of rounds,
with simultaneous bidding for all the county broadband licenses. In
each round, the auction would announce prices for each county license,
and qualified bidders would indicate whether they are willing to
purchase the county license at that clock price. Bidders would be
subject to activity and eligibility rules that govern the pace at which
they participate in the auction. In each county, the clock price for
the license would increase from round to round if bidders indicate
total demand that exceeds one license. If supply is equal to demand in
a county, a bidder would not be permitted to create ``excess supply''
by reducing its demand for the broadband license. The clock rounds
would continue until, for every county license available, the number of
licenses demanded was less than or equal to one. At that point, those
bidders indicating demand for a county license at the final clock phase
price would be deemed winning broadband license bidders.
26. Following the auction, the processing of voucher payments for
each incumbent licensee would depend on whether the spectrum offered in
the reverse auction was needed in the forward broadband license
auction. In counties where demand at the end of the forward auction
equaled supply, the Commission would cancel the participating
incumbents' licenses and make payments equal to the product of the
final clock price and the MHz-Pops of spectrum relinquished by the
incumbent. In counties where there was no demand for the broadband
license, the Commissions proposes that incumbents would retain their
existing spectrum usage rights and would receive no payments for their
vouchers. To minimize the disruption to existing services, the
Commission further proposes in this case that incumbent licensees would
not be repacked since spectrum in these markets is unlikely to be
sufficiently scarce to justify the cost of the repack. Alternatively,
the Commission could pay for all vouchers and/or repack incumbents in
every county regardless of the demand for a broadband license. The NPRM
seeks comment on these and alternative approaches to implementing
voucher payments and repacking incumbents.
27. The NPRM also seeks comments on the method for ensuring that
the forward auction for broadband licenses will generate sufficient
revenues to pay for all reimbursed vouchers and incumbent relocation
costs, should it be necessary and possible to make such payments. In
the broadcast incentive auction, the Commission adopted a ``final stage
rule'' to ensure that auction proceeds would be sufficient to cover
costs, and in other auctions the Commission has adopted aggregate
reserve prices to fund the estimated relocation costs. In part, the
rule in the broadcast incentive auction implemented a net revenue
requirement for the auction that accounted for any bidding credits,
relocation expenses, and incentive payments. Under such a net revenue
requirement, the auction would not close unless auction proceeds are
sufficient to cover all required
[[Page 12992]]
payments. The Commission seeks comment on whether it should establish
such a net revenue requirement.
C. Licensing and Operating Rules
28. The NPRM proposes to designate the 900 MHz broadband service as
a Miscellaneous Wireless Communications Service governed by Part 27 of
the Commission's rules and asks commenters to identify any aspects of
the Commission's general Part 27 service rules that should be modified
to accommodate the characteristics of the proposed 900 MHz broadband
segment. In the alternative, the Commission asks commenters to address
whether 900 MHz broadband licenses should be regulated under Part 90 of
the Commission's rules so that broadband licensees and narrowband
incumbents in the 900 MHz band would be operating under a single set of
rules.
29. Eligibility. In the event the Commission adopts a voluntary
exchange process for transitioning the 900 MHz band, the NPRM proposes
specific eligibility restrictions for a new 3/3 megahertz broadband
license. Alternatively, if the Commission adopts an overlay or
incentive auction approach for realigning the band, consistent with the
Commission's approach to date toward flexible use geographic licensing,
the Commission seeks comment on adopting an open eligibility standard
for such licenses in the 900 MHz broadband segment. Would adopting an
open eligibility standard for the licensing of 900 MHz broadband
spectrum through competitive bidding, where appropriate, encourage
efforts to develop new technologies, products, and services, while
helping to ensure efficient use of this spectrum? The Commission asks
commenters to discuss the costs and benefits of the open eligibility
proposal on competition, innovation, and investment.
30. Mobile spectrum holdings policies. The NPRM seeks comment
generally on whether and how to address any mobile spectrum holdings
issues involving 900 MHz broadband spectrum to meet the Commission's
statutory requirements and to ensure competitive access to the band.
Given these characteristics, the Commission is not inclined to include
the 900 MHz broadband segment in the Commission's spectrum screen,
which helps to identify markets that may warrant further competitive
analysis when evaluating proposed secondary market transactions. The
NPRM asks commenters advocating for inclusion of the 900 MHz broadband
segment in the screen to address specifically the suitability of this
spectrum for use in the provision of mobile telephony/broadband
services and to further discuss and quantify the costs and benefits of
any proposals to apply mobile spectrum holdings policies to the
proposed 900 MHz broadband segment.
31. License term. The NPRM proposes to adopt a 15-year term for
licenses in the 900 MHz broadband spectrum and seeks comment on the
costs and benefits of this proposal. In addition, the Commission seeks
comment on whether and to what extent we should adopt shorter terms for
subsequent renewal terms, given that relocation, band clearance, and
initial performance requirements already will have been satisfied upon
renewal of a given 900 MHz broadband license. It invites commenters to
submit alternate proposals for the appropriate license term, which
should similarly include a discussion of the costs and benefits.
32. Performance requirements. The NPRM seeks comment on adopting
quantifiable benchmarks in the proposed broadband segment.
Specifically, it seeks comment on requiring a 900 MHz broadband
licensee to provide reliable signal coverage and to offer service to at
least 45 percent of the population in each of its license areas within
six years of the license issuance date (first performance benchmark),
and to at least 80 percent of the population in each of its license
areas within 12 years from the license issue date (second performance
benchmark). The period for complying with these performance
requirements would begin on the date that the is license is issued,
irrespective of the extent to which the broadband licensee is able to
successfully relocate existing licensees out of the 3/3 megahertz
segment. After satisfying the 12-year, second performance benchmark, a
licensee will be expected to continue to provide reliable signal
coverage and offer service at or above that level for the remaining
three years in the proposed 15-year license term in order to warrant
license renewal.
33. The NPRM also seeks comment on whether the proposals discussed
above represent the appropriate balance between license-term length and
a significant final buildout requirement. It seeks comment on the
proposed buildout requirements and any potential alternatives and asks
what alternative metrics would be necessary, if any, to accommodate
potential users of the 900 MHz broadband segment, such as electric
utilities or other B/ILT eligibles. Should the Commission adopt
specific performance requirements tailored to account for use of the
spectrum for private business purposes? The Commission also seeks
comment on whether small entities face any special or unique issues
with respect to buildout requirements such that they would require
certain accommodations or additional time to comply. The Commission
further asks commenters to discuss and quantify how any proposed
buildout requirements will affect investment and innovation, as well as
discuss and quantify other costs and benefits associated with the
proposal.
34. The NPRM proposes to require 900 MHz broadband licensees to
deploy broadband technologies and offer broadband services in
satisfying the proposed performance requirements and seeks comment on
how to define broadband services for the purposes of this obligation.
It also seeks comment on whether to similarly apply a broadband
deployment requirement if the Commission uses an incentive or overlay
auction to transition the 900 MHz band.
35. Penalty for failure to meet performance requirements. The NPRM
proposes that, in the event a 900 MHz broadband licensee fails to meet
the first performance benchmark, the licensee's second benchmark and
license term would be reduced by two years, thereby requiring it to
meet the second performance benchmark two years sooner (i.e., at 10
years into the license term) and reducing its license term to 13 years.
The NPRM further proposes that, in the event a 900 MHz broadband
licensee fails to meet the second performance benchmark for a
particular license area, its authorization for that license area shall
terminate automatically without Commission action.
36. The NPRM proposes that, in the event a licensee's authority to
operate terminates, the licensee's spectrum rights would become
available for reassignment pursuant to the competitive bidding
provisions of section 309(j) of the Communications Act (if 900 MHz
broadband licenses are assigned through competitive bidding). Further,
consistent with the Commission's rules for other broadband licenses,
the Commission proposes that any 900 MHz broadband licensee that
forfeits its license for failure to meet its performance requirements
would be precluded from regaining that license. The NPRM seeks comment
on other penalties that would effectively ensure timely buildout.
37. Competitive bidding procedures. If the Commission adopts a
geographic area licensing scheme that allows acceptance of mutually
exclusive
[[Page 12993]]
applications for 900 MHz broadband licenses, the Commission will grant
the licenses through a system of competitive bidding. The NPRM proposes
to conduct any auction for 900 MHz broadband licenses in conformity
with the general competitive bidding rules set forth in Part 1, subpart
Q, of the Commission's rules and seeks comment on general application
of the Part 1 competitive bidding rules to any auction of 900 MHz
broadband spectrum licenses. It also seeks comment on whether any of
the Commission's Part 1 rules or other competitive bidding policies
would be inappropriate or should be modified for an auction of licenses
in this band. The Commission seeks comment on the costs and benefits of
these proposals.
38. The NPRM seeks comment on whether to make bidding credits for
designated entities available for this band and how to define a small
business if the Commission decides to offer small business bidding
credits. It seeks comment on defining a small business as an entity
with average gross revenues for the preceding three years not exceeding
$55 million, and a very small business as an entity with average gross
revenues for the preceding three years not exceeding $20 million. A
qualifying ``small businesses'' would be eligible for a bidding credit
of 15 percent and qualifying ``very small businesses'' would be
eligible for a bidding credit of 25 percent. The Commission seeks
comment on whether to offer rural service providers a designated entity
bidding credit for licenses in this band.
39. Renewal term construction obligations. In addition to, and
independent of, the general renewal requirements contained in section
1.949 of the Commission's rules, which apply to all Wireless Radio
Services (WRS) licensees, the NPRM also seeks comment on application of
specific renewal term construction obligations to 900 MHz broadband
licensees. The WRS Renewal Reform Further Notice of Proposed Rulemaking
(WRS Renewal Reform FNPRM) sought comment on various renewal term
construction obligations, such as incremental increases in the
construction metric in each subsequent renewal term--e.g., by 5 or 10
percent--up to a certain threshold. The WRS Renewal Reform FNPRM
proposed to apply rules adopted in that proceeding to all flexible
geographic licenses. Given the Commission's proposal to license the 900
MHz band on a geographic basis for flexible use, any additional renewal
term construction obligations proposed in the WRS Renewal Reform FNPRM
also would apply to licenses in the 900 MHz broadband spectrum. The
NPRM seeks comment on whether there are unique characteristics of 900
MHz broadband spectrum that might require a different approach to the
900 MHz band from the various proposals raised by the WRS Renewal
Reform FNPRM. The Commission asks commenters advocating rules specific
to the reconfigured 900 MHz band to address the costs and benefits of
their proposed rules and also discuss how a given proposal would
encourage investment and deployment in areas that might not otherwise
benefit from significant wireless coverage.
D. Technical Rules
1. Broadband Segment
40. The NPRM seeks comment on the proposed technical rules. It
proposes to permit an effective radiated power for base and repeater
stations in the broadband segment not to exceed 400 watts/megahertz in
non-rural areas and 800 watts/megahertz in rural areas, with the
maximum permissible power decreasing as the HAAT rises above 304
meters. It also proposes to establish a median field strength limit of
40 dB[micro]V/m at any given point along the geographic license area
boundary in the broadband segment unless the affected licensee agrees
to a higher field strength limit. This limit corresponds to the current
field strength limit at the border between co-channel 900 MHz SMR
licensees.
41. The NPRM proposes to make broadband licensees responsible for
preventing harmful interference to narrowband operations and for
resolving any interference in the shortest time practicable. Under
existing 900 MHz co-channel separation requirements, co-channel systems
generally must comply with a minimum spacing criteria of at least 113
kilometers (70 miles) separation distance between base stations. The
NPRM seeks comment on applying existing minimum spacing criteria to 900
MHz broadband base station operations as a means of protecting co-
channel narrowband licensees.
42. In addition, section 90.672(a)(1)(i)(A)-(B) currently defines
unacceptable interference in the 900 MHz B/ILT Pool as a median desired
signal strength of -88 dBm or higher as measured at the radiofrequency
input of the receiver of a mobile unit, or -85 dBm or higher as
measured at the radiofrequency input of the receiver of a portable
station. Some commenters, however, propose to define harmful
interference as receiving a median desired signal strength of -98 dBm
or higher as measured at the radiofrequency input of the receiver of a
mobile unit, or -95 dBm or higher as measured at the radiofrequency
input of the receiver of a portable station (hand-held device), and
suggest that we account for environmental noise by incorporating fade
margins of 10 dB. The NPRM seeks comment on whether these criteria are
appropriate, or whether the Commission should adopt technical standards
and procedures that more closely align with the existing rules
regarding unacceptable interference to non-cellular 800 MHz licensees
from 800 MHz cellular systems or Part 22 Cellular Radiotelephone
systems, and within the 900 MHz B/ILT Pool. The Commission also asks
whether it is practical to adopt a single standard to protect all
narrowband operations from broadband operations, or whether separate
criteria are needed for different circumstances, such as if the 897.5-
900.5 MHz/936.5-939.5 MHz band is being used for broadband operations
in one area but an adjacent area has not transitioned to the new band
alignment.
43. The NPRM proposes to establish an out-of-band emission limit
outside a licensee's frequency band of operation to be attenuated by at
least 43 + 10 log (P) dB for uplink operations in the 897.5-900.5 MHz
band and by at least 50 + 10 log (p) dB for downlink operations in the
936.5-939.5 MHz band. The NPRM asks commenters to discuss whether the
proposed out-of-band emission limits are sufficient to protect
narrowband operations in the adjacent narrowband segments, and whether
the Commission should consider other harmful interference mitigation
methods, such as limits on LTE transmitter power or additional
transmitter filtering requirements. The Commission also asks commenters
to discuss whether the proposed technical parameters are consistent
with interference resistance of current 900 MHz narrowband radio
equipment and systems.
2. Narrowband Segments
44. The NPRM seeks comment on whether any changes to the existing
technical and operational rules are necessary or desirable to sustain
continued 900 MHz site-based narrowband operations. Are the existing
Part 90 technical rules suitable for narrowband operations in the newly
designated paired narrowband segments? Specifically, given the proposal
to eliminate the distinction between B/ILT and SMR blocks in the
narrowband segment in transitioned markets, would new and existing
narrowband segment licensees need
[[Page 12994]]
additional or modified interference protections? Under the voluntary
exchange proposal, the band may be transitioned to the new broadband
alignment on a county-by-county basis. Where a county has successfully
been transitioned, would narrowband licensees in adjacent counties not
transitioned to broadband require modified interference protection from
newly licensed co-channel broadband operations? If so, the Commission
asks commenters to specify the changes they believe should be made to
the technical and operational rules for the two narrowband segments.
II. Procedural Matters
Initial Regulatory Flexibility Act Analysis
77. As required by the Regulatory Flexibility Act of 1980 (RFA) (5
U.S.C. 603), the Commission has prepared an Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities of the proposals addressed in
this NPRM. The IRFA is set forth in Appendix B. Written public comments
are requested on the IRFA. These comments must be filed in accordance
with the same filing deadlines for comments on the NPRM and should have
a separate and distinct heading designating them as responses to the
IRFA. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, will send a copy of this NPRM, including
the IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with the Regulatory Flexibility Act.
Initial Paperwork Reduction Act Analysis
78. The NPRM contains proposed modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and 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 seeks specific comment on how it
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
V. Ordering Clauses
79. It is ordered, pursuant to the authority found in sections
4(i), 302, 303, and 309, of the Communications Act of 1934, as amended,
47 U.S.C. 151, 152, 153, 154(i), 201, 301, 302a, 303, 304, 307, 308,
309, 310, 319, 324, 332, 333, and section 1.411 of the Commission's
Rules, 47 CFR 1.411, that this Notice of Proposed Rulemaking is hereby
adopted.
80. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Parts 1, 2, 20, 27, and 90
Administrative practice and procedure, Common carriers,
Communications common carriers, Environmental impact statements, Radio,
Telecommunications.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 1, 2, 20, 27
and 90 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 47 U.S.C. chs. 2, 5, 9, 13; Sec. 102(c), Div. P,
Public Law 115-141, 132 Stat. 1084; 28 U.S.C. 2461, unless otherwise
noted.
0
2. Section 1.907 is amended by revising the definition of ``Covered
Geographic Licenses'' to read as follows:
Sec. 1.907 Definitions.
* * * * *
Covered Geographic Licenses. Covered geographic licenses consist of
the following services: 1.4 GHz Service (part 27, subpart I of this
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and
Digital Electronic Message Services (part 101, subpart G); 218-219 MHz
Service (part 95, subpart F); 220-222 MHz Service, excluding public
safety licenses (part 90, subpart T); 600 MHz Service (part 27, subpart
N); 700 MHz Commercial Services (part 27, subparts F and H); 700 MHz
Guard Band Service (part 27, subpart G); 800 MHz Specialized Mobile
Radio Service (part 90, subpart S); 900 MHz Specialized Mobile Radio
Service (part 90, subpart S); 900 MHz Broadband Service (part 27,
subpart P); Advanced Wireless Services (part 27, subparts K and L);
Air-Ground Radiotelephone Service (Commercial Aviation) (part 22,
subpart G); Broadband Personal Communications Service (part 24, subpart
E); Broadband Radio Service (part 27, subpart M); Cellular
Radiotelephone Service (part 22, subpart H); Dedicated Short Range
Communications Service, excluding public safety licenses (part 90,
subpart M); H Block Service (part 27, subpart K); Local Multipoint
Distribution Service (part 101, subpart L); Multichannel Video
Distribution and Data Service (part 101, subpart P); Multilateration
Location and Monitoring Service (part 90, subpart M); Multiple Address
Systems (EAs) (part 101, subpart O); Narrowband Personal Communications
Service (part 24, subpart D); Paging and Radiotelephone Service (part
22, subpart E; part 90, subpart P); VHF Public Coast Stations,
including Automated Maritime Telecommunications Systems (part 80,
subpart J); Upper Microwave Flexible Use Service (part 30); and
Wireless Communications Service (part 27, subpart D).
* * * * *
0
3. Section 1.1307 is amended by revising Table 1 by revising the entry
for Miscellaneous Wireless Communications Services, and adding a new
entry for 900 MHz Broadband Service between the entry for Broadband
Radio Service and Educational Broadband Service and the entry for Upper
Microwave Flexible Use Service, to read as follows:
Sec. 1.1307 Actions that may have a significant environmental effect,
for which Environmental Assessments (EAs) must be prepared.
* * * * *
(b) * * *
(1) * * *
[[Page 12995]]
Table 1--Transmitters, Facilities and Operations Subject to Routine
Environmental Evaluation
------------------------------------------------------------------------
Service (title 47 CFR rule part) Evaluation required if:
------------------------------------------------------------------------
* * * * * * *
Miscellaneous Wireless Communications (1) For the 1390-1392 MHz, 1392-
Services (part 27 except subparts M 1395 MHz, 1432-1435 MHz, 1670-
and P). 1675 MHz, and 2385-2390 MHz
bands:
Non-building-mounted antennas:
Height above ground level to
lowest point of antenna <10 m
and total power of all
channels >2000 W ERP (3280 W
EIRP).
Building-mounted antennas:
Total power of all channels
>2000 W ERP (3280 W EIRP).
* * * * * * *
900 MHz Broadband Service (subpart P of Non-building-mounted antennas:
part 27). height above ground level to
lowest point of antenna <10 m
and total power of all
channels >1000 W ERP (1640 W
EIRP).
Building-mounted antennas:
Total power of all channels
>1000 W ERP (1640 W EIRP).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
4. Section 1.9005 is amended by adding a new paragraph (mm) to read as
follows:
Sec. 1.9005 Included services.
* * * * *
(mm) The 900 MHz Broadband Service (part 27 of this chapter).
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
5. 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
6. Section 2.106 is amended by revising page 31 to read as follows:
[[Page 12996]]
[GRAPHIC] [TIFF OMITTED] TN03AP19.006
PART 20--COMMERCIAL MOBILE SERVICES
0
7. The authority citation for part 20 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214,
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309,
309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless
otherwise noted.
0
8. Section 20.12 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 20.12 Resale and roaming.
(a)(1) Scope of manual roaming and resale. Paragraph (c) of this
section is applicable to providers of Broadband Personal Communications
Services (part 24, subpart E of this chapter), Cellular Radio Telephone
Service (part 22,
[[Page 12997]]
subpart H of this chapter), Specialized Mobile Radio Services in the
800 MHz and 900 MHz bands (included in part 90, subpart S of this
chapter), and 900 MHz Broadband Service (included in part 27, subpart P
of this chapter) if such providers offer real-time, two-way switched
voice or data service that is interconnected with the public switched
network and utilizes an in-network switching facility that enables the
provider to re-use frequencies and accomplish seamless hand-offs of
subscriber calls. The scope of paragraph (b) of this section,
concerning the resale rule, is further limited so as to exclude from
the requirements of that paragraph those Broadband Personal
Communications Services C, D, E, and F block licensees that do not own
and control and are not owned and controlled by firms also holding
cellular A or B block licenses.
* * * * *
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
0
9. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
0
10. Section 27.1 is amended by adding paragraph (b)(15) to read as
follows:
Sec. 27.1 Basis and purpose.
* * * * *
(b) * * *
(15) 897.5-900.5 MHz and 936.5-939.5 MHz.
* * * * *
0
11. Section 27.5 is amended by adding paragraph (m) to read as follows:
Sec. 27.5 Frequencies.
* * * * *
(m) 900 MHz Broadband. The paired 897.5-900.5 MHz and 936.5-939.5
MHz bands are available for assignment on a geographic basis. For
operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (designated
as Channels 121-360 in section 90.613 of this chapter), no new
applications for narrowband systems under part 90, subpart S of this
chapter will be accepted and no applications for modification of
existing stations for major changes as defined in Sec. 1.929 of this
chapter will be accepted pursuant to Sec. 27.1517 of this part.
* * * * *
0
12. Section 27.12 is amended by revising paragraph (a) to read as
follows:
Sec. 27.12 Eligibility.
(a) Except as provided in paragraph (b) and in Sec. Sec. 27.604,
27.1201, 27.1202, and 27.1509, any entity other than those precluded by
section 310 of the Communications Act of 1934, as amended, 47 U.S.C.
310, is eligible to hold a license under this part.
* * * * *
0
13. Section 27.13 is amended by adding paragraph (m) to read as
follows:
Sec. 27.13 License Period.
* * * * *
(m) 900 MHz Broadband. Authorizations for the 897.5-900.5 MHz and
936.5-939.5 MHz bands will have a term not to exceed 15 years from the
date of initial issuance.
* * * * *
0
14. Part 27 is amended by adding a new subpart P to read as follows:
Subpart P--Regulations Governing Licensing and Use of 900 MHz
Broadband Service in the 896-901 and 935-940 MHz Bands
Sec.
27.1501 Scope
27.1503 Definitions
27.1505 Licensing of the 897.5-900.5/936.5-939.5 MHz band
27.1507 900 MHz Broadband subject to competitive bidding
27.1509 Eligibility
27.1511 Performance requirements
27.1513 [Reserved]
27.1515 [Reserved]
27.1517 Frequencies
27.1519 Effective radiated power limits for 900 MHz Broadband
systems
27.1521 Field strength limit
27.1523 [Reserved]
27.1525 Emission limits
27.1527 [Reserved]
Sec. 27.1501 Scope.
This subpart sets out the regulations governing the licensing and
operations of 900 MHz BB systems operating in the 897.5-900.5/936.5-
939.5 MHz band. It includes eligibility requirements and operational
and technical standards for stations licensed in this band. It also
supplements the rules regarding application procedures contained in
part 1, subpart F of this chapter and the competitive bidding
procedures contained in part 1, subpart Q of this chapter. The rules in
this subpart are to be read in conjunction with the applicable
requirements contained elsewhere in this part; however, in case of
conflict, the provisions of this subpart shall govern with respect to
licensing, competitive bidding and operation in this frequency band.
Sec. 27.1503 Definitions.
Terms used in this subpart shall have the following meanings:
(a) 900 MHz Broadband (900 MHz BB). The market-based 900 MHz
broadband systems in the 897.5-900.5/936.5-939.5 MHz band licensed by
the Commission pursuant to the provisions of this subpart.
(b) 900 MHz Broadband (900 MHz BB) licensee. An entity that holds a
900 MHz BB license issued pursuant to Sec. 27.1505 of this subpart.
(c) 900 MHz Narrowband. The segment of realigned 900 MHz spectrum
in the 896-897.5/900.5-901/935-936.5/939.5-940 MHz band designated for
narrowband operations and licensed pursuant to 47 CFR part 90, subpart
S of this chapter.
(d) Covered incumbent licensee. Any entity that holds an existing
site-based license in the 897.5-900.5/936.5-939.5 MHz band that,
pursuant to Sec. 90.621 of this chapter, is required to be protected
by the 900 MHz BB licensee's placement of a base station at any
location within the county covered by the BB license.
(e) Power spectral density (PSD). The power of an emission in the
frequency domain, such as in terms of ERP or EIRP, stated per unit
bandwidth, e.g., watts/MHz.
(f) Prospective broadband licensee. An entity that holds the
licenses for all 20 blocks of geographically-licensed SMR spectrum in
the 896-901/935-940 MHz band and seeks to acquire a 900 MHz BB license
via a Voluntary Exchange Process.
(g) Voluntary Exchange Process. The process for realigning the 896-
901/935-940 MHz band, whereby the prospective broadband licensee and
covered incumbent licensees voluntarily agree to a Transition Plan that
will relocate to the 900 MHz Narrowband segment and/or provide
interference protection to all incumbent operations, thereby making the
900 MHz Broadband segment available for the prospective broadband
licensee's use, pursuant to the provisions of this subpart.
(h) Transition Plan. Under a Voluntary Exchange Process for
realigning the 900 MHz band, a filing made to the Commission as part of
the prospective broadband licensee's application for a new 900 MHz BB
license that describes: (1) The spectrum frequencies within the
broadband segment that the prospective broadband licensee seeks from
Commission inventory, (2) the rights to all 20 geographically-licensed
SMR blocks, and any site-based SMR or B/ILT licenses in the county that
the licensee is relinquishing, (3) the applications that the parties to
the agreement will file for spectrum in the narrowband segment in order
to relocate or repack licensees, (4) a description of how the applicant
will provide interference protection to, and/or relocate from the
broadband
[[Page 12998]]
segment, all covered incumbents, and (5) any rule waivers or other
actions necessary to implement the Transition Plan.
Sec. 27.1505 Licensing of the 897.5-900.5/936.5-939.5 MHz band.
(a) License Area. [Reserved]
(b) A 900 MHz BB licensee that permanently discontinues service as
defined in Sec. 1.953 must notify the Commission of the discontinuance
within 10 days by filing FCC Form 601 requesting license cancelation.
An authorization will automatically terminate, without specific
Commission action, if service is permanently discontinued as defined in
this chapter, even if a licensee fails to file the required form
requesting license cancelation.
Sec. 27.1507 900 MHz Broadband subject to competitive bidding.
Mutually exclusive initial applications for 900 MHz broadband
licenses are subject to competitive bidding. The general competitive
bidding procedures set forth in 47 CFR part 1, subpart Q of this
chapter will apply unless otherwise provided in this subpart.
Sec. 27.1509 Eligibility
(a) Voluntary Exchange Process. Eligibility for a 900 MHz BB
license in a county that is transitioned using a Voluntary Exchange
Process is limited to the following restrictions:
(1) The applicant must hold the licenses for all 20 blocks of
geographically-licensed 900 MHz SMR spectrum in the county;
(2) The applicant must account for all covered incumbent(s) by
demonstrating one or more of the following: (i) Agreement by covered
incumbent(s) to relocate from the broadband segment, (ii) protection of
covered incumbent(s) through compliance with minimum spacing criteria
set forth in Sec. 90.621(b) of this chapter, and/or (iii) protection
of covered incumbent(s) through new or existing letters of concurrence
agreeing to lesser base station separations. The applicant may use its
current 900 MHz holdings in the narrowband segment to relocate covered
incumbents. Spectrum used for the purposes of relocating incumbent(s)
may not exceed the incumbent's current spectrum holdings in the
relevant county, unless additional channels are necessary to achieve
equivalent coverage and/or capacity; and
(3) The applicant must agree to return to the Commission the rights
to all 20 blocks of geographically-licensed SMR spectrum in the
relevant county, as well as any B/ILT or SMR site-based licenses.
(b) Auction. Eligibility for a 900 MHz BB license in a county that
has been transitioned using an auction mechanism is subject to the
restrictions listed in Sec. 27.12 of this chapter.
Sec. 27.1511 Performance requirements.
(a) 900 MHz BB licensees shall demonstrate compliance with
performance requirements by filing a construction notification with the
Commission, within 15 days of the expiration of the applicable
benchmark, in accordance with the provisions set forth in Sec.
1.946(d) of this chapter.
(1) The licensee must certify whether it has met the applicable
performance requirements. The licensee must file a description and
certification of the areas for which it is providing service. The
construction notifications must include electronic coverage maps and
supporting technical documentation regarding the type of service it is
providing for each licensed area within its service territory and the
type of technology used to provide such service, and certify the
accuracy of such documentation. Supporting documentation must include
the assumptions used to create the coverage maps, including the
propagation model and the signal strength necessary to provide reliable
service with the licensee's technology.
(2) To demonstrate compliance with these performance requirements,
licensees shall use the most recently available decennial U.S. Census
Data at the time of measurement and shall base their measurements of
population served on areas no larger than the Census Tract level. The
population within a specific Census Tract (or other acceptable
identifier) will be deemed served by the licensee only if it provides
reliable signal coverage to and offers service within the specific
Census Tract (or other acceptable identifier). To the extent the Census
Tract (or other acceptable identifier) extends beyond the boundaries of
a license area, a licensee with authorizations for such areas may
include only the population within the Census Tract (or other
acceptable identifier) towards meeting the performance requirement of a
single, individual license.
(b) The following performance requirements apply to 900 MHz BB
licensees:
(1) A licensee shall provide reliable signal coverage and offer
service within six years from the date of the initial license to at
least 45 percent of the population in each of its license areas
(``First Buildout Requirement'').
(2) A licensee shall provide reliable signal coverage and offer
service within 12 years from the date of the initial license to at
least 80 percent of the population in each of its license areas
(``Second Buildout Requirement'').
(3) If a licensee fails to establish that it meets the First
Buildout Requirement for a particular license area, the licensee's
Second Buildout Requirement deadline and license term will be reduced
by two years.
(4) If a licensee fails to establish that it meets the Second
Buildout Requirement for a particular license area, its authorization
for each license area in which it fails to meet the Second Buildout
Requirement shall terminate automatically without Commission action,
and the licensee will be ineligible to regain it if the Commission
makes the license available at a later date.
(c) Broadband Service Requirement. To satisfy the performance
requirements described in paragraph (b), 900 MHz BB licensees must
deploy broadband technologies and offer broadband services.
Sec. 27.1513 [Reserved]
Sec. 27.1515 [Reserved]
Sec. 27.1517 Frequencies.
896-901 MHz and 935-940 MHz bands. The 897.5-900.5 MHz and 936.5-
939.5 MHz band segments are available for licensing with an authorized
bandwidth up to 3 megahertz. The 897.5-900.5 MHz segment must only be
used for uplink transmissions. The 936.5-939.5 MHz segments must only
be used for downlink transmissions.
Sec. 27.1519 Effective radiated power limits for 900 MHz Broadband
systems.
(a) Maximum ERP. The power limits specified in this section are
applicable to operations outside the Canadian and Mexican border areas.
Power limits for operation in those areas are specified in section
27.1523 of this part.
(1) General Limit.
(i) The ERP for base and repeater stations must not exceed 400
watts/megahertz power spectral density (PSD) per sector and an antenna
height of 304 m height above average terrain (HAAT), except that
antenna heights greater than 304 m HAAT are permitted if power levels
are reduced below 400 watts/megahertz ERP in accordance with Table 1 of
paragraph (e) of this section.
(ii) Provided that they also comply with paragraphs (b) and (c) of
this section, licensees are permitted to operate base and repeater
stations with up to a maximum ERP of 1000 watts/megahertz power
spectral density (PSD) per sector and an antenna height of 304
[[Page 12999]]
m height above average terrain (HAAT), except that antenna heights
greater than 304 m HAAT are permitted if power levels are reduced below
1000 watts/megahertz ERP in accordance with Table 2 of paragraph (e) of
this section.
(2) Rural Areas. For systems operating in areas more than 110 km
(68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the
U.S./Canadian border that are located in counties with population
densities of 100 persons or fewer per square mile, based upon the most
recently available population statistics from the Bureau of the Census:
(i) The ERP for base and repeater stations must not exceed 800
watts/megahertz power spectral density (PSD) per sector and an antenna
height of 304 m height above average terrain (HAAT), except that
antenna heights greater than 304 m HAAT are permitted if power levels
are reduced below 800 watts/megahertz ERP in accordance with Table 3 of
paragraph (e) of this section.
(ii) Provided that they also comply with paragraphs (b) and (c) of
this section, base and repeater stations may operate with up to a
maximum ERP of 2000 watts/megahertz power spectral density (PSD) per
sector and an antenna height of 304 m height above average terrain
(HAAT), except that antenna heights greater than 304 m HAAT are
permitted if power levels are reduced below 2000 watts/megahertz ERP in
accordance with Table 4 of paragraph (e) of this section.
(3) Mobile, control and auxiliary test stations must not exceed 10
watts ERP.
(4) Portable stations must not exceed 3 watts ERP.
(b) Power flux density (PFD). Each 900 MHz BB base or repeater
station that exceeds the ERP limit of paragraphs (a)(1)(i) or (a)(2)(i)
of this section must be designed and deployed so as not to exceed a
modeled PFD of 3000 microwatts/m\2\/MHz over at least 98% of the area
within 1 km of the base or repeater station antenna, at 1.6 meters
above ground level. To ensure compliance with this requirement, the
licensee must perform predictive modeling of the PFD values within at
least 1 km of each base or repeater station antenna prior to commencing
such operations and, thereafter, prior to making any site modifications
that may increase the PFD levels around the base or repeater station.
The modeling must take into consideration terrain and other local
conditions and must use good engineering practices for the 900 MHz
band.
(c) Power measurement. Measurement of 900 MHz BB base transmitter
and repeater ERP must be made using an average power measurement
technique. Power measurements for base transmitters and repeaters must
be made in accordance with either of the following:
(1) A Commission-approved average power technique (see FCC
Laboratory's Knowledge Database); or
(2) For purposes of this section, peak transmit power must be
measured over an interval of continuous transmission using
instrumentation calibrated in terms of an rms-equivalent voltage. The
measurement results shall be properly adjusted for any instrument
limitations, such as detector response times, limited resolution
bandwidth capability when compared to the emission bandwidth,
sensitivity, etc., so as to obtain a true peak measurement for the
emission in question over the full bandwidth of the channel.
(d) PAR limit. The peak-to-average ratio (PAR) of the transmission
must not exceed 13 dB.
(e) Height-power limit. As specified in paragraph (a) of this
section, the following tables specify the maximum base station power
for antenna heights above average terrain (HAAT) that exceed 304
meters.
Table 1--Permissible Power and Antenna Heights for Base Stations
Permitted To Transmit With up to 400 Watts/Megahertz
------------------------------------------------------------------------
Effective
radiated power
Antenna height (AAT) in meters (feet) (ERP) (watts/
megahertz)
------------------------------------------------------------------------
Above 1372 (4500).................................... 26
Above 1220 (4000) To 1372 (4500)..................... 28
Above 1067 (3500) To 1220 (4000)..................... 30
Above 915 (3000) To 1067 (3500)...................... 40
Above 763 (2500) To 915 (3000)....................... 56
Above 610 (2000) To 763 (2500)....................... 80
Above 458 (1500) To 610 (2000)....................... 140
Above 305 (1000) To 458 (1500)....................... 240
Up to 305 (1000)..................................... 400
------------------------------------------------------------------------
Table 2--Permissible Power and Antenna Heights for Base Stations
Permitted To Transmit With up to 1000 Watts/Megahertz
------------------------------------------------------------------------
Effective
radiated power
Antenna height (AAT) in meters (feet) (ERP) (watts/
megahertz)
------------------------------------------------------------------------
Above 1372 (4500).................................... 65
Above 1220 (4000) To 1372 (4500)..................... 70
Above 1067 (3500) To 1220 (4000)..................... 75
Above 915 (3000) To 1067 (3500)...................... 100
Above 763 (2500) To 915 (3000)....................... 140
Above 610 (2000) To 763 (2500)....................... 200
Above 458 (1500) To 610 (2000)....................... 350
Above 305 (1000) To 458 (1500)....................... 600
Up to 305 (1000)..................................... 1000
------------------------------------------------------------------------
Table 3--Permissible Power and Antenna Heights for Base Stations
Permitted To Transmit With up to 800 Watts/Megahertz
------------------------------------------------------------------------
Effective
radiated power
Antenna height (AAT) in meters (feet) (ERP) (watts/
megahertz)
------------------------------------------------------------------------
Above 1372 (4500).................................... 52
Above 1220 (4000) To 1372 (4500)..................... 56
Above 1067 (3500) To 1220 (4000)..................... 60
Above 915 (3000) To 1067 (3500)...................... 80
Above 763 (2500) To 915 (3000)....................... 112
Above 610 (2000) To 763 (2500)....................... 160
Above 458 (1500) To 610 (2000)....................... 280
Above 305 (1000) To 458 (1500)....................... 480
Up to 305 (1000)..................................... 800
------------------------------------------------------------------------
Table 4--Permissible Power and Antenna Heights for Base Stations
Permitted To Transmit With up to 2000 Watts/Megahertz
------------------------------------------------------------------------
Effective
radiated power
Antenna height (AAT) in meters (feet) (ERP) (watts/
megahertz)
------------------------------------------------------------------------
Above 1372 (4500).................................... 130
Above 1220 (4000) To 1372 (4500)..................... 140
Above 1067 (3500) To 1220 (4000)..................... 150
Above 915 (3000) To 1067 (3500)...................... 200
Above 763 (2500) To 915 (3000)....................... 280
[[Page 13000]]
Above 610 (2000) To 763 (2500)....................... 400
Above 458 (1500) To 610 (2000)....................... 700
Above 305 (1000) To 458 (1500)....................... 1200
Up to 305 (1000)..................................... 2000
------------------------------------------------------------------------
Sec. 27.1521 Field strength limit.
The predicted or measured median field strength must not exceed 40
dB[micro]V/m at any given point along the 900 MHz BB market boundary,
unless the affected licensee agrees to a different field strength. This
value applies to both the initially offered service areas and to
partitioned service areas.
Sec. 27.1523 [Reserved]
Sec. 27.1525 Emission limits.
The power of any emission outside a licensee's frequency band(s) of
operation shall be attenuated below the transmitter power (P) in watts
by at least the following amounts:
(a) For 900 MHz BB operations in 897.5-900.5 MHz band by at least
43 + 10 log (P) dB.
(b) For 900 MHz BB operations in the 936.5-939.5 MHz band, by at
least 50 + 10 log (P) dB.
(c) Measurement procedure. Compliance with the provisions of
paragraphs (a) and (b) of this section is based on the use of
measurement instrumentation employing a resolution bandwidth of 100 kHz
or greater. However, in the 100 kHz bands immediately outside and
adjacent to the licensee's band, a resolution bandwidth of at least 1
percent of the emission bandwidth of the fundamental emission of the
transmitter may be employed. The emission bandwidth is defined as the
width of the signal between two points, one below the carrier center
frequency and one above the carrier center frequency, outside of which
all emissions are attenuated at least 26 dB below the transmitter
power.
(d) The measurements of emission power can be expressed in peak or
average values, provided they are expressed in the same parameters as
the transmitter power.
PART 90--PRIVATE LAND MOBILE RADIO SERVICES
0
15. The authority citation for part 90 continues to read as follows:
Authority: 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7),
1401-1473.
0
16. Section 90.7 is amended by adding a definition for ``900 MHz
Broadband (900 MHz BB)'' in alphabetical order to read as follows:
Sec. 90.7 Definitions.
* * * * *
900 MHz Broadband (900 MHz BB). See section 27.1503 of part 27 of
this chapter.
* * * * *
0
17. Section 90.35 is be amended by revising paragraph (c)(71) to read
as follows:
Sec. 90.35 Industrial/Business Pool.
(c) * * *
(71) Subpart S of this part contains rules for assignment of
frequencies in the 806-821/851-866 MHz band and for narrowband
operations in the 896-901/935-940 MHz band.
* * * * *
0
18. Section 90.205 is amended by revising paragraph (k) to read as
follows:
Sec. 90.205 Power and antenna height limits.
* * * * *
(k) 806-824 MHz, 851-869 MHz, 896-901 MHz and 935-940 MHz. Power
and height limitations for frequencies in the 806-821/851-866 MHz band
and for narrowband operations in the 896-901/935-940 MHz band are
specified in Sec. 90.635 of this part.
* * * * *
0
19. Section 90.209 is amended by revising paragraph (b)(3) and adding a
new footnote 7 to the table in paragraph (b)(5) to read as follows:
Sec. 90.209 Bandwidth limitations.
* * * * *
(b) * * *
(3) For all other types of emissions, except for emissions
associated with 900 MHz BB systems under subpart P of part 27 of this
chapter, the maximum authorized bandwidth shall not be more than that
normally authorized for voice operations.
* * * * *
(5) * * *
Standard Channel Spacing/Bandwidth
------------------------------------------------------------------------
Authorized
Frequency band (MHz) Channel bandwidth
spacing (kHz) (kHz)
------------------------------------------------------------------------
* * * * * * *
896-901/935-940 7....................... 12.5 13.6
* * * * * * *
------------------------------------------------------------------------
* * * * * * *
7 900 MHz BB systems may operate on channels and with bandwidths
pursuant to the rules specified in subpart P of part 27 of this
chapter.
* * * * *
0
20. Section 90.210 is amended by adding a new footnote 7 to the table
in the introductory text to read as follows:
Sec. 90.210 Emission masks.
* * * * *
[[Page 13001]]
Applicable Emission Masks
------------------------------------------------------------------------
Mask for equipment Mask for equipment
Frequency band (MHz) with audio low pass without audio low
filter pass filter
------------------------------------------------------------------------
* * * * * * *
896-901/935-940 7............. I.................. J
* * * * * * *
------------------------------------------------------------------------
7 Equipment used with 900 MHz BB systems operating under subpart P of
part 27 of this chapter is subject to the emission limitations in Sec.
27.1525 of this chapter.
* * * * *
0
21. Section 90.213 is amended by adding a new footnote 15 to the table
in paragraph (a) to read as follows:
Sec. 90.213 Frequency stability.
(a) * * *
Minimum Frequency Stability
[Parts per million (ppm)]
----------------------------------------------------------------------------------------------------------------
Mobile stations
-------------------------------
Frequency range (MHz) Fixed and base 2 watts or
stations Over 2 watts less output
output power power
----------------------------------------------------------------------------------------------------------------
* * * * * * *
896-901 15...................................................... 140.1 1.5 1.5
* * * * * * *
935-940 15...................................................... 0.1 1.5 1.5
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
15 Equipment used with 900 MHz BB systems operating under subpart P of part 27 of this chapter is exempt from
the frequency stability requirements of this section. Instead, the frequency stability shall be sufficient to
ensure that the fundamental emissions stay within the authorized bands of operation.
* * * * *
* * * * *
0
22. Section 90.601 is amended to read as follows:
Sec. 90.601 Scope.
This subpart sets out the regulations governing the licensing and
operations of all systems operating in the 806-824/851-869 MHz and 896-
901/935-940 MHz bands, except for 900 MHz BB systems operating in the
897.5-900.5/936.5-939.5 MHz band under subpart P of part 27 of this
chapter. It includes eligibility requirements, and operational and
technical standards for stations licensed in these bands. It also
supplements the rules regarding application procedures contained in
part 1, subpart F of this chapter. The rules in this subpart are to be
read in conjunction with the applicable requirements contained
elsewhere in this part; however, in case of conflict, the provisions of
this subpart shall govern with respect to licensing and operation in
these frequency bands.
0
23. Section 90.613 is amended by revising the introductory text to read
as follows:
Sec. 90.613 Frequencies available.
The following table indicates the channel designations of
frequencies available for assignment to eligible applicants under this
subpart. Frequencies shall be assigned in pairs, with mobile and
control station transmitting frequencies taken from the 806-824 MHz
band with corresponding base station frequencies being 45 MHz higher
and taken from the 851-869 MHz band, or with mobile and control station
frequencies taken from the 896-901 MHz band with corresponding base
station frequencies being 39 MHz higher and taken from the 935-940 MHz
band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands
(Channels 121-360), no new applications for narrowband systems under
this subpart will be accepted and no applications for modification of
existing stations for major changes as defined in Sec. 1.929 of this
chapter will be accepted pursuant to Sec. 27.1517 of this chapter.
Only the base station transmitting frequency of each pair is listed in
the following table.
[FR Doc. 2019-06349 Filed 4-2-19; 8:45 am]
BILLING CODE 6712-01-P