[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Rules and Regulations]
[Pages 20810-20820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09426]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2, 25, and 30

[GN Docket No. 14-177; FCC 19-30]


Use of Spectrum Bands Above 24 GHz for Mobile Radio Services

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission or FCC) adopts rules for specific millimeter wave bands 
above 24 GHz in the Fifth Report and Order. The Commission takes two 
actions that continue its efforts to make available millimeter wave 
(mmW) spectrum, at or above 24 GHz, for fifth-generation (5G) wireless, 
Internet of Things, and other advanced spectrum-based services, 
including satellite broadband services. First, the Commission 
establishes rules to allow Fixed-Satellite Service (FSS) operators such 
as satellite broadband service operators, to operate with individually 
licensed earth stations transmitting in the 50.4-51.4 GHz band using 
criteria identical to those applicable in the 24.75-25.25 GHz band. 
Second, the Commission establishes a process for the Department of 
Defense (Department) to operate on a shared basis in the Upper 37 GHz 
band (37.6-38.6 GHz band) in limited circumstances.

DATES: Effective June 12, 2019.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fifth 
Report and Order GN Docket No. 14-177, FCC 19-30, adopted on April 12, 
2019 and released on April 15, 2019. 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 https://docs.fcc.gov/public/attachments/FCC-19-30A1.pdf, 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).

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' Accordingly, the Commission has prepared a Final 
Regulatory Flexibility Analysis (FRFA) concerning the possible impact 
of the rule changes contained in this Fifth Report and Order on small 
entities.

[[Page 20811]]

Paperwork Reduction Act

    The requirements in revised Sec.  25.136 (e), (f), and (g) 
constitute new or modified collections subject to the Paperwork 
Reduction Act of 1995 (PRA), Public Law 104-13. They will be submitted 
to the Office of Management and Budget (OMB) for review under section 
3507(d) of the PRA. OMB, the general public, and other Federal agencies 
will be invited to comment on the new information collection 
requirements contained in this proceeding. This document will be 
submitted to OMB for review under section 3507(d) of the PRA. In 
addition, the Commission notes that, pursuant to the Small Business 
Paperwork Relief Act of 2002, the Commission previously sought, but did 
not receive, specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees. The Commission describes impacts that 
might affect small businesses, which includes more businesses with 
fewer than 25 employees, in the Final Regulatory Flexibility Analysis. 
In the present document, the Commission has assessed the effects of its 
filing requirements on satellite providers and finds that these 
requirements will not impose undue burdens on businesses with fewer 
than 25 employees. The filing requirements the Commission is imposing 
are necessary to ensure that the proposed operations will comply with 
the technical rules the Commission has established and not unduly 
preclude possible future terrestrial operation in the band.

Congressional Review Act

    The Commission will send a copy of the Fifth Report and Order, 
including this FRFA, in a report to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 
U.S.C. 801(a)(1)(A).
    In addition, the Commission will send a copy of the Fifth Report 
and Order, including this FRFA, to the Chief Counsel for Advocacy of 
the SBA. A copy of the Fifth Report and Order, and FRFA (or summaries 
thereof) will also be published in the Federal Register.

I. Introduction

    1. The Commission takes two actions that continues its efforts to 
make available millimeter wave (mmW) spectrum, at or above 24 GHz, for 
5G wireless, Internet of Things (IoT), and other advanced spectrum-
based services, including satellite broadband services. First, the 
Commission establishes rules authorizing FSS operators such as 
satellite broadband service operators, to license individual earth 
stations in the 50.4-51.4 GHz band using criteria identical to those 
applicable in the 24.75-25.25 GHz band. This action will allow FSS 
operators to provide additional capacity that can be used to provide 
faster and more advanced services to their customers. Second, the 
Commission establishes a process for the Department of Defense 
(Department) to operate on a shared basis in the Upper 37 GHz band 
(37.6-38.6 GHz) in limited circumstances. This action will provide 
certainty to potential applicants as the Commission begins the auction 
process for the Upper 37 GHz band, the 39 GHz band (38.6-40 GHz band), 
and the 47 GHz band (47.2-48.2 GHz) later this year.

II. Background

    2. On June 8, 2018, the Commission released the Third Report & 
Order (Third R&O), 83 FR 34478, Memorandum Opinion and Order (MO&O), 
and Third Further Notice of Proposed Rulemaking (Third FNPRM), 83 FR 
34520, in this proceeding. In relevant parts, the Third FNPRM proposed 
permitting the licensing of individual FSS earth stations in the 50.4-
51.4 GHz band using criteria identical to those applicable in the 
24.75-25.25 GHz band. With respect to the 37 GHz band, the Commission 
noted that it had adopted rules that establish coordination zones for 
14 military sites and three scientific sites identified by the National 
Telecommunications and Information Administration (NTIA), and it sought 
comment on ``on how best to accommodate coordination zones for future 
Federal operations at a limited number of additional sites.'' In 
contrast, for the Lower 37 GHz band, the Commission sought comment on a 
proposed coordination mechanism and alternatives to facilitate co-equal 
shared use of the Lower 37 GHz band between Federal and non-Federal 
users, as well as among non-Federal users.
    3. The 50.4-51.4 GHz band includes primary Federal and non-Federal 
allocations for fixed and mobile services, as well as primary Federal 
and non-Federal allocations for fixed-satellite (Earth-to-space) and 
mobile satellite (Earth-to-space) services. In 1998, the Commission 
designated the 50.4-51.4 GHz band for use by wireless (fixed and 
mobile) services. In the Spectrum Frontiers FNPRM, 81 FR 79894, the 
Commission proposed to authorize fixed and mobile operations throughout 
the 50.4-52.6 GHz band in accordance with the part 30 Upper Microwave 
Flexible Use Service (UMFUS) rules. The Commission also proposed to use 
geographic area licensing to license UMFUS stations in the band on a 
Partial Economic Area (PEA) basis and sought comment on sharing with 
satellite services. The Commission received ten satellite applications 
or market access requests and 20 earth station applications seeking to 
use the existing FSS (Earth-to-space) allocation in the 50.4-51.4 GHz 
band for delivery of broadband services.
    4. In the Third FNPRM, the Commission proposed rules that would 
permit licensing of individual FSS earth stations in the 50.4-51.4 GHz 
band using criteria identical to those applicable in the 24.75-25.25 
GHz band Specifically, the Commission proposed to apply the permitted 
aggregate population limits within the specified earth station Power 
Flux Density (PFD) contour on a per-county basis, similar to the 
requirement in the 27.5-28.35 GHz band, and to adopt constraints on the 
number of permitted earth stations on both a per county and a per PEA 
basis. To reflect these requirements, the Commission proposed to modify 
Sec.  25.136 of the Commission's rules to include the 50.4-51.4 GHz 
band. The Commission also proposed to amend footnote NG65 to the U.S. 
Table of Allocations to include the 50.4-51.4 GHz band, making clear 
the relative interference protection obligations between the co-primary 
services.
    5. With respect to the Upper 37 GHz band, the entire 37 GHz band is 
allocated to the fixed and mobile services on a primary basis for 
Federal and non-Federal use. In the Spectrum Frontiers R&O, 81 FR 
79894, the Commission made five decisions addressing the Federal and 
non-Federal use of the band that are relevant here. First, it adopted 
service rules to permit non-Federal fixed and mobile terrestrial 
operation throughout the 37 GHz band. Second, it divided the band into 
two segments: a lower band segment from 37.0-37.6 GHz (Lower 37 GHz 
band) and an upper band segment from 37.6-38.6 GHz (Upper 37 GHz band). 
Third, it made the Lower 37 GHz band available for coordinated co-
primary sharing between Federal and non-Federal users. Fourth, it 
adopted rules to license the Upper 37 GHz band geographically by PEAs 
in 200 megahertz channel blocks (but changed the band plan to 100 
megahertz blocks in the Spectrum Frontiers Fourth R&O, 84 FR 1618). 
Fifth, it established the coordination zones throughout the entire 37-
38.6 GHz band for the 14 military sites and three scientific sites 
identified by NTIA. While the Commission noted that Federal agencies

[[Page 20812]]

still had the ability to add future sites on a coordinated basis, it 
did not indicate how this could be done.
    6. In the Third FNPRM, the Commission sought comment on how best to 
accommodate coordination zones for future Federal operations at a 
limited number of additional sites. The Commission asked whether it 
should amend its rules to add more specific sites for Federal 
operations, or whether it should establish a process that would permit 
Federal entities in the future to identify a limited number of 
additional sites on an as-needed basis. The Commission also asked 
whether the coordination zones previously established in its rules 
might be reduced to better accommodate nearby non-Federal operations 
without adversely impacting Federal operations at those sites.
    7. The Commission received 26 comments and 17 reply comments on the 
Third FNPRM. A list of commenters, reply commenters, and parties filing 
ex parte submissions relating to the issues are addressed in this Fifth 
Report and Order. No petitions for reconsideration of the Third R&O 
were filed.

III. Discussion

A. 50.4-51.4 GHz Band

    8. AT&T, Boeing, EchoStar, SES, SpaceX, Telesat, TIA, and Viasat, 
support licensing of individual FSS earth stations in the 50.4-51.4 GHz 
band. Although not specifically opposed to the idea of allowing earth 
stations to operate in the 50.4-51.4 GHz band, CTIA, Nokia, and T-
Mobile argue that it is premature to adopt rules for sharing between 
terrestrial and FSS operations before UMFUS service rules are adopted. 
They urge the Commission to adopt UMFUS service rules either first or 
simultaneously. In contrast, most satellite operators, asserting that 
there is no need to delay adopting FSS earth station sharing rules, 
point to workability in other bands, imminent plans for 50.4-51.4 GHz 
band satellite deployment, and the need to alleviate the current 
regulatory uncertainty, which the operators describe as debilitating, 
particularly given the high cost and long lead time involved in 
designing and building next-generation satellites. EchoStar and Boeing 
further encourage the Commission not only to swiftly adopt the proposed 
rules, but also to proceed with processing pending earth station 
applications in this band conditioned upon the outcome of the 
proceeding.
    9. With respect to the terms under which the 50.4-51.4 GHz band 
would be made available for individually licensed earth stations, there 
is a split between commenters who support using the same criteria 
applicable in the 24.75-25.25 GHz band and those who ask the Commission 
to adopt more permissive criteria. EchoStar, TIA, and AT&T support the 
criteria contained in the Third FNPRM, which would allow up to three 
earth station locations in a given county and a maximum of 15 earth 
station locations in a given PEA. AT&T, in addition, expressly opposes 
any relaxation in sharing criteria proposed in the Third FNPRM, 
asserting a lack of evidence and justification for disturbing the 
existing balance between services achieved by the rules introduced in 
other bands. T-Mobile similarly cautions that the Commission should go 
no further than the current sharing framework adopted for the 24 GHz 
band, which it characterizes as a consistent approach across already 
allocated bands. In contrast, Boeing, SES, SpaceX, and Telesat ask the 
Commission to adopt more permissive or flexible sharing criteria than 
the Commission proposed, and they assert that the shorter propagation 
distances of the 50.4-51.4 GHz band make it suitable for more robust 
sharing. Similarly, Viasat supports individual licensing of earth 
stations in the 50.4-51.4 GHz band consistent with the more liberal 
sharing framework applicable in the 47.2-48.2 GHz band, and it further 
asks the Commission to clarify that smaller earth stations may be 
permitted to operate in the 47.2-48.2 GHz and 50.4-51.4 GHz bands on a 
secondary basis with respect to terrestrial services. Other parties 
request that the Commission add an allocation for FSS in the 51.4-52.4 
GHz band. CCA contends that the Commission should not adopt rules that 
could prejudice future mobile use.
    10. The Commission adopts its proposal to permit licensing of 
individual FSS earth stations in the 50.4-51.4 GHz band using the 
criteria the Commission adopted for the 24.75-25.25 GHz band. This 
action will allow FSS operators to provide faster and more advanced 
services to their customers. Under those criteria, there may be no more 
than three earth stations in the 50.4-51.4 GHz band in a county and no 
more than 15 earth stations in any PEA. The area in which the earth 
station generates a PFD, at 10 meters above ground level, of greater 
than or equal to -77.6 dBm/m\2\/MHz, together with the similar area of 
any other earth station operating in the 50.4-51.4 GHz band in the same 
county, may not cover, in the aggregate, more than the amount of 
population specified below:

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

Furthermore, the area in which the earth station generates a PFD, at 10 
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz may not contain any major event venue, urban mass transit route, 
passenger railroad, or cruise ship port. In addition, that area shall 
not cross any of the following types of roads, as defined in functional 
classification guidelines issued by the Federal Highway Administration: 
Interstate, Other Freeways and Expressways, or Other Principal 
Arterial.
    11. Although the 50.4-52.6 GHz band remains under consideration for 
UMFUS licensing, establishing UMFUS service rules will require us to 
address issues concerning sharing with co-primary Federal services in 
the 50.4-52.6 GHz band, as well as protection of passive services in 
the adjacent 50.2-50.4 GHz and 52.6-54.25 GHz bands. In the meantime, 
the Commission notes that a significant number of FSS operators seek to 
license space stations and earth stations in the band. As in the case 
of other bands shared between co-primary terrestrial and fixed-
satellite services, (e.g., 24.75-25.25 GHz, 37.5-40 GHz and 47.2-48.2 
GHz), the Commission finds that, where an FSS allocation already exists 
in the 50.4-51.4 GHz band, a limited number of individually licensed 
FSS earth stations can share the 50.4-51.4 GHz band with minimal impact 
on terrestrial operations in this band. Both the 24 GHz and 50 GHz 
bands are satellite uplink bands. As in 24 GHz, the limits, the 
Commission will impose on FSS earth stations in the 50 GHz band will 
``better provide FSS

[[Page 20813]]

with additional capacity for satellite services while permitting 
substantial terrestrial use of the band.'' Throughout this proceeding, 
the Commission has sought to promote spectrum efficiency by permitting 
spectrum made available for UMFUS to be shared with other allocated 
services when possible. The Commission recognizes there are a 
significant number of pending FSS earth station applications for the 
50.4-51.4 GHz band. The Commission agrees that operators in this co-
primary service seeking to proceed with system development need this 
degree of regulatory certainty and should not have to wait while the 
more complex issues associated with UMFUS licensing are addressed and 
resolved. Thus, the Commission adopts the proposed rules, which will 
facilitate sharing between FSS and UMFUS, while the Commission 
continues to consider the rules for terrestrial operations in the band.
    12. At this time, the Commission will not adopt any of the various 
proposals for increased flexibility for FSS earth station licensing. 
The Commission recognizes the differences in propagation 
characteristics between the 50 GHz band and lower frequency bands,\1\ 
but the Commission concludes that, prior to the adoption of UMFUS 
licensing rules, it would be premature to extend FSS earth station 
flexibility beyond the more conservative limits adopted in the 24.75-
25.25 GHz band. Accordingly, the Commission modifies Sec.  25.136 of 
its rules to include the 50.4-51.4 GHz band, thereby applying the 
identical licensing criteria to these FSS earth stations as are 
applicable to those in the 24.75-25.25 GHz band. The Commission also 
makes a minor conforming modification to Sec.  25.130(b)(4) to include 
this newly modified rule section in the list of rule sections with 
which FSS transmitting earth station applicants must comply when 
seeking authorization in bands shared with UMFUS. In addition, the 
Commission amends footnote NG65 to the U.S. Table of Allocations as 
proposed to include the 50.4-51.4 GHz band, making clear the relative 
interference protection obligations between the co-primary services.
---------------------------------------------------------------------------

    \1\ Radio signals in the 50 GHz band are more subject to 
attenuation from oxygen and water vapor than signals in the 24 GHz 
band. Thus, all other things being equal, radio signals in the 50 
GHz band will not travel as far as signals in the 24 GHz band.
---------------------------------------------------------------------------

B. Federal Sites in 37-38.6 GHz

    13. In response to the Third FNPRM, NTIA, on behalf of the 
Department, has identified one additional Federal site in the Upper 37 
GHz band beyond the 14 military sites and three scientific sites 
identified in the Commission's rules. Specifically, it requests a small 
coordination zone around Edwards Air Force Base to the south of Federal 
facilities in China Lake, California. In addition, NTIA requests the 
conversion into a single area of the four overlapping coordination 
zones currently listed in the Table under the China Lake site. NTIA 
indicates that these changes would simplify the Table to ensure 
sufficient protection is available for the Department's operations in 
the China Lake coordination area, as well as ensuring sufficient 
protection for nearby Edwards Air Force Base, without impacting any 
Upper 37 GHz licensees' access to the surrounding population centers in 
southern California. The Commission amends the Table to consolidate the 
China Lake coordination zones and accommodate Edwards Air Force Base.
    14. Further, the Department expects to deploy at additional sites 
in the future, and the lower 37 GHz band (37.0-37.6 GHz) may not be 
sufficient. Because of the Commission's forthcoming plans to auction 
spectrum in this band before the end of the year and because failure to 
address possible coordination with Federal users could create 
uncertainty for potential non-Federal bidders in the auction for 
spectrum in the Upper 37 GHz band, the Commission believes it's 
critical to address these needs for coordination here.
    15. The Commission recognizes that 5G and other advanced 
technologies will support a wide variety of applications, including 
applications that can be used by Federal users. Although the 
Commission's rules identify the current military sites where licensees 
would be required to coordinate within a distance of 30 kilometers, the 
Department expects that there likely will be additional sites where it 
will need to use the band, but the Department cannot specifically 
identify these other locations at this time. Unlike the current sites 
where non-Federal licensees must coordinate with the Department of 
Defense, the Department seeks to coordinate its use of these additional 
sites with non-Federal licensees.
    16. Accordingly, the Commission establishes a process that 
accommodates the military's needs, while protecting the interests of 
non-Federal licensees in the Upper 37 GHz spectrum band. The Department 
may submit requests for access to the Upper 37 GHz band for specific 
additional military bases and ranges, for the purpose of defense 
applications or national security. Such requests must include a 
justification regarding why the proposed operations could not be 
accommodated in the Lower 37 GHz band. The Department is willing to 
limit its requests to operations that cannot be accommodated in the 
Lower 37 GHz band. FCC staff will review the request to assess any 
potential impact on non-Federal licensees, contacting the potentially 
affected licensees and facilitating direct coordination with the 
Department and NTIA (including establishing a mechanism for appropriate 
notice to prospective future successors-in-interest to the affected 
licensees). The FCC will determine whether the request for access can 
be accommodated without creating a significant risk of harmful 
interference to current or planned deployments by potentially affected 
non-Federal licensees. NTIA would provide the applicable military 
departments any new or revised frequency assignments that are 
successfully coordinated. The Commission finds that this process 
strikes a reasonable balance among the stakeholders.
    17. The Commission recognizes the concerns of commenters that 
increasing the number of Federal sites in the Upper 37 GHz band, or 
establishing a process for future Federal sites that lacks sufficient 
certainty, might negatively affect an auction of the Upper 37 GHz band 
and the value of the spectrum. The Commission nonetheless finds that 
the process it adopts here addresses the need for greater certainty for 
bidders in an auction, especially given the technical characteristics 
and expected deployments in the Upper 37 GHz band. First, requests by 
the Department are likely to be relatively rare, as the Commission 
anticipates that most such operations can be accommodated in the Lower 
37 GHz band.\2\ Second, military use, if it cannot be accommodated in 
the Lower 37 GHz band, will be limited to military bases and ranges, 
for the purpose of defense applications or national security, and most 
likely will be in remote areas. Third, the technical characteristics of 
operations in this region of the spectrum, marked by high path losses 
and use of advanced antennas and adaptive power control, can minimize 
any significant impact on licensees' operations. Fourth, as noted 
above, the FCC, after consultation with

[[Page 20814]]

potentially affected licensees, NTIA, and the Department, will 
determine whether the request for access can be accommodated without 
creating a significant risk of harmful interference to current or 
planned deployments by potentially affected non-Federal licensees. 
Although commenters suggest that the Department's needs can be 
accommodated by secondary market transactions with non-Federal 
licensees, the Commission does not find that it would be appropriate 
for secondary markets to be the sole mechanism for addressing future 
needs for defense and national security applications. Moreover, the 
same argument that AT&T raises to support the likelihood of successful 
Department negotiations on the secondary market--that the Department 
already has the practical ability to control the deployment of 
facilities on its military bases and ranges--also supports the 
likelihood that, under the process described above, non-Federal 
licensees could successfully negotiate coordination agreements with the 
Department regarding access to the Upper 37 GHz band at such military 
sites. Accordingly, the Commission believes that the process it 
establishes will protect winning bidders from harmful interference 
while enabling the Department to carry out operations in the Upper 37 
GHz band for specific additional military sites on a limited basis.
---------------------------------------------------------------------------

    \2\ The Commission is continuing discussions with the Department 
of Defense on how to effectuate usage of the Lower 37 GHz band, and 
the Commission intends to take steps towards specifying rules for 
sharing the band within three months, including exploring whether 
giving priority access to military use of the 37.0-37.2 GHz band 
would facilitate usage of the Lower 37 GHz band.
---------------------------------------------------------------------------

    18. The Commission disagrees with T-Mobile's assertion that the 
process it establishes for coordination of future Department access to 
the Upper 37 GHz band is inconsistent with the Administrative Procedure 
Act. First, the Commission provided ample notice in the Third FNPRM for 
its decisions. In the Third FNPRM, the Commission asked not only 
whether it should amend its rules to add more specific sites for 
Federal operations, but also whether it should establish a process that 
would permit Federal entities in the future to identify a limited 
number of additional sites on an as-needed basis. Second, T-Mobile's 
assertion that the process the Commission adopts is arbitrary and 
capricious is based on a description that does not match the process 
its adopt in light of the record generated, and its need to balance 
competing objectives under section 309(j) of the Act. The statutory 
factors the Commission promotes here include, e.g., ``development and 
rapid deployment of new technologies, products, and services for the 
benefit of the public, including those residing in rural areas, without 
administrative or judicial delays;'' and ``efficient and intensive use 
of the electromagnetic spectrum . . . .'' T-Mobile claims that ``the 
proposed process would not include any guidelines for the location or 
number of additional military sites.'' However, the process the 
Commission adopts is limited to specific locations, i.e., military 
bases and ranges, limits requests solely for the purpose of defense 
applications or national security, and only in those instances where 
the Department can justify that its proposed operations cannot by 
accommodated in the Lower 37 GHz band.
    19. In addition, the Commission notes that the Department and the 
wireless industry are working together to advance spectrum-based 
technologies through various collaborative efforts, such as their 
participation in the National Spectrum Consortium and engagement in the 
Defense Advanced Research Projects Agency Spectrum Collaboration 
Challenge. Further, the Department and the wireless industry are 
working together to coordinate operations across many frequency bands, 
such as in the 3.5 GHz band. The Commission anticipates that those 
working relationships can facilitate successful coordination of 
operations in the 37 GHz band.

IV. Final Regulatory Flexibility Analysis

    20. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Third FNPRM released in June 2018 in this 
proceeding. The Commission sought written public comment on the 
proposals in the Third FNPRM, including comments on the IRFA. No 
comments were filed addressing the IRFA. This present FRFA conforms to 
the RFA.

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

    21. In the Fifth Report and Order, the Commission authorizes FSS 
use of the 50.4-51.4 GHz band for individually licensed earth stations, 
which will allow FSS operators to provide additional capacity that can 
be used to provide faster and more advanced services to their 
customers. In authorizing FSS use of the 50.4-51.4 GHz band for 
individually licensed earth stations, the Commission will apply the 
licensing criteria it adopted for the 24.75-25.25 GHz band. 
Accordingly, in the Fifth Report and Order the Commission modify Sec.  
25.136 of its rules to include the 50.4-51.4 GHz band and make a minor 
conforming modification to Sec.  25.130(b)(4) to include this newly 
modified rule section in the list of rules sections that FSS 
transmitting earth station applicants must comply with when seeking 
authorization in bands shared with UMFUS. Additionally, the Commission 
amends footnote NG65 to the U.S. Table of Allocations as proposed to 
include the 50.4-51.4 GHz band, making clear the relative interference 
protection obligations between the co-primary services.
    22. With regard to Federal use in the 37 GHz band, the Commission 
establishes a process that accommodates the military's needs, while 
protecting the interests of non-Federal licensees in the Upper 37 GHz 
spectrum band. The Department may submit requests for access to the 
Upper 37 GHz band for specific additional military sites, such as 
military bases and ranges. Such requests must include a justification 
regarding why the proposed operations could not be accommodated in the 
Lower 37 GHz band. The FCC will review the request to assess any 
potential impact on non-Federal licensees, contacting the potentially 
affected licensees and facilitating direct coordination with the 
Department and NTIA (including establishing a mechanism for appropriate 
notice to prospective future successors-in-interest to the affected 
licensees). The FCC will determine whether the request for access can 
be accommodated without creating a significant risk of harmful 
interference to current or planned deployments by potentially affected 
non-Federal licensees. This action will accommodate military needs 
while providing certainty to potential applicants as the Commission 
begins the auction process for the Upper 37 GHz band, the 39 GHz band 
(38.6-40 GHz band), and the 47 GHz band (47.2-48.2 GHz) later this 
year.

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

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

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

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

[[Page 20815]]

    25. The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

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

    26. The RFA requires the Commission to describe and to estimate the 
number of small entities that may be affected by the rules adopted 
herein. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act.'' A ``small business 
concern'' is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the SBA.
    27. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. The Commission actions, over time, may affect small 
entities that are not easily categorized at present. The Commission 
therefore describes here, at the outset, three broad groups of small 
entities that could be directly affected herein. First, while there are 
industry specific size standards for small businesses that are used in 
the regulatory flexibility analysis, according to data from the SBA's 
Office of Advocacy, in general a small business is an independent 
business having fewer than 500 employees. These types of small 
businesses represent 99.9% of all businesses in the United States which 
translates to 28.8 million businesses.
    28. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
Nationwide, as of August 2016, there were approximately 356,494 small 
organizations based on registration and tax data filed by nonprofits 
with the Internal Revenue Service (IRS).
    29. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2012 Census of Governments indicate that there 
were 90,056 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number there were 37,132 General purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,184 Special purpose governments (independent school 
districts and special districts) with populations of less than 50,000. 
The 2012 U.S. Census Bureau data for most types of governments in the 
local government category show that the majority of these governments 
have populations of less than 50,000. Based on this data the Commission 
estimates that at least 49,316 local government jurisdictions fall in 
the category of ``small governmental jurisdictions.''
    30. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
appropriate size standard under SBA rules is that such a business is 
small if it has 1,500 or fewer employees. For this industry, U.S. 
Census Bureau data for 2012 show that there were 967 firms that 
operated for the entire year. Of this total, 955 firms had employment 
of 999 or fewer employees and 12 had employment of 1,000 employees or 
more. Thus, under this category and the associated size standard, the 
Commission estimates that the majority of wireless telecommunications 
carriers (except satellite) are small entities.
    31. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the UMFUS, the mmW service, Local 
Multipoint Distribution Service (LMDS), the Digital Electronic Message 
Service (DEMS), and the 24 GHz Service, where licensees can choose 
between common carrier and non-common carrier status. At present, there 
are approximately 66,680 common carrier fixed licensees, 69,360 private 
and public safety operational-fixed licensees, 20,150 broadcast 
auxiliary radio licensees, 411 LMDS licenses, 33 24 GHz DEMS licenses, 
777 39 GHz licenses, and five 24 GHz licensees, and 467 mmW licenses in 
the microwave services. The Commission has not yet defined a small 
business with respect to microwave services. The closest applicable SBA 
category is Wireless Telecommunications Carriers (except Satellite) and 
the appropriate size standard for this category under SBA rules is that 
such a business is small if it has 1,500 or fewer employees. For this 
industry, U.S. Census Bureau data for 2012 shows that there were 967 
firms that operated for the entire year. Of this total, 955 had 
employment of 999 or fewer, and 12 firms had employment of 1,000 
employees or more. Thus, under this SBA category and the associated 
standard, the Commission estimates that the majority of fixed microwave 
service licensees can be considered small.
    32. The Commission does not have data specifying the number of 
these licensees that have more than 1,500 employees, and thus is unable 
at this time to estimate with greater precision the number of fixed 
microwave service licensees that would qualify as small business 
concerns under the SBA's small business size standard. Consequently, 
the Commission estimates that there are up to 36,708 common carrier 
fixed licensees and up to 59,291 private operational-fixed licensees 
and broadcast auxiliary radio licensees in the microwave services that 
may be small and may be affected by the rules and policies adopted 
herein. The Commission notes, however, that both the common carrier 
microwave fixed, and the private operational microwave fixed licensee 
categories includes some large entities.
    33. Satellite Telecommunications. This category comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The category has a small business size standard of 
$32.5 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 shows that there were a 
total of 333 firms that operated for the entire year. Of this total, 
299 firms had annual receipts of less than $25 million. Consequently, 
the Commission estimates that the majority of satellite 
telecommunications providers are small entities.
    34. All Other Telecommunications. The ``All Other 
Telecommunications'' category is comprised of establishments primarily 
engaged in providing specialized telecommunications services, such as 
satellite tracking, communications telemetry, and radar station 
operation. This industry also includes establishments primarily engaged 
in providing satellite terminal stations and associated facilities 
connected with one or more terrestrial systems and capable of 
transmitting

[[Page 20816]]

telecommunications to, and receiving telecommunications from, satellite 
systems. Establishments providing internet services or voice over 
internet protocol (VoIP) services via client-supplied 
telecommunications connections are also included in this industry.'' 
The SBA has developed a small business size standard for ``All Other 
Telecommunications,'' which consists of all such firms with gross 
annual receipts of $32.5 million or less. For this category, U.S. 
Census Bureau data for 2012 shows that there were a total of 1,442 
firms that operated for the entire year. Of these firms, a total of 
1400 firms had gross annual receipts of under $25 million and 42 firms 
had gross annual receipts of $25 million to $49, 999,999. Thus, the 
Commission estimates that a majority of ``All Other 
Telecommunications'' firms potentially affected by its actions can be 
considered small.
    35. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has established a size standard for 
this industry of 1,250 employees or less. U.S. Census Bureau data for 
2012 shows that 841 establishments operated in this industry in that 
year. Of that number, 828 establishments operated with fewer than 1,000 
employees, 7 establishments operated with between 1,000 and 2,499 
employees and 6 establishments operated with 2,500 or more employees. 
Based on this data, the Commission concludes that a majority of 
manufacturers in this industry is small.

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

    36. The Commission expects the rules adopted in the Fifth Report 
and Order will impose new or additional reporting or recordkeeping and/
or other compliance obligations on small entities as well as other 
applicants and licensees. FSS earth station applicants and licensees in 
the 50.4-51.4 GHz band will be subject to the reporting, recordkeeping, 
and compliance requirements applicable in the 24.75-25.25 GHz band. 
When they submit applications for authority to operate earth stations 
in the 50.4-51.4 GHz band, they will be required to demonstrate that 
the proposed earth stations comply with technical criteria designed to 
ensure that the earth stations would not unduly limit possible future 
terrestrial service. These demands are necessary to ensure that the 
proposed operations will comply with the technical rules, and not 
unduly preclude possible future terrestrial operation in the band and 
will require small businesses as well as other entities that intend to 
offer such satellite telecommunications services to use professional, 
accounting, engineering or survey services in order to meet these 
requirements. To attain consistency with the existing application of 
the Commission's rules, the reporting, recordkeeping, and other 
compliance requirements resulting from the Commission's actions in the 
Fifth Report and Order will apply to all entities in the same manner.

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

    37. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    38. Rather than creating a new framework for the licensing of FSS 
earth stations in the 50.4-51.4 GHz band, the Commission chose to apply 
the identical licensing criteria applicable to the 24.75-25.25 GHz band 
and adopt existing rule sections that FSS transmitting earth station 
applicants must comply with when seeking authorization in bands shared 
with UMFUS. These steps will minimize the significant economic impact 
on small entities by not increasing the cost of compliance with an 
entirely new set of rules and regulations. Moreover, to the extent an 
entity is already licensed and operating the 24.75-25.25 GHz band, they 
may have the processes and procedures and infrastructure in place to 
facilitate compliance with the Commission's rules, and therefore may 
only incur minimal incremental costs to comply with the rules adopted 
for the 50.4-51.4 GHz band.

V. Ordering Clauses

    39. Accordingly, it is ordered, pursuant to sections 1, 2, 3, 4, 5, 
7, 301, 302, 302a, 303, 304, 307, 309, and 310 of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 153, 154, 155, 157, 301, 302, 302a, 
303, 304, 307, 309, and 310, section 706 of the Telecommunications Act 
of 1996, as amended, 47 U.S.C. 1302, and Sec.  1.411 of the 
Commission's Rules, 47 CFR 1.411, that this Fifth Report and Order is 
hereby adopted.
    40. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Fifth Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    41. It is further ordered that the amendments of the Commission's 
rules as set forth under Final Rules are adopted, effective thirty days 
from the date of publication in the Federal Register. Section 
25.136(e), (f), and (g) contain new or modified information collection 
requirements that require review by OMB under the PRA. The Commission 
directs the Bureau to announce the compliance date for those 
information collections in a document published in the Federal Register 
after OMB approval and directs the Bureau to cause Sec.  25.136(h) to 
be revised accordingly.

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

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

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 2, 25 and 30 as follows:

[[Page 20817]]

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

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
2. In Sec.  2.106, the Table of Frequency Allocations is amended as 
follows:
0
a. Revise page 60.
0
b. In the list of non-Federal Government (NG) Footnotes, footnote NG65 
is revised.
    The revisions read as follows:


Sec.  2.106  Table of Frequency Allocations.

[[Page 20818]]

[GRAPHIC] [TIFF OMITTED] TR13MY19.022


[[Page 20819]]



Non-Federal Government (NG) Footnotes

* * * * *
    NG65 In the bands 24.75-25.25 GHz, 47.2-48.2 GHz, and 50.4-51.4 
GHz, stations in the fixed and mobile services may not claim protection 
from individually licensed earth stations authorized pursuant to 47 CFR 
25.136. However, nothing in this footnote shall limit the right of 
Upper Microwave Flexible Use Service licensees to operate in 
conformance with the technical rules contained in 47 CFR part 30. The 
Commission reserves the right to monitor developments and to undertake 
further action concerning interference between Upper Microwave Flexible 
Use Service and Fixed-Satellite Service, including aggregate 
interference to satellite receivers, if appropriate.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

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

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


0
4. Amend Sec.  25.130 by revising paragraph (b)(4) to read as follows:


Sec.  25.130  Filing requirements for transmitting earth stations.

* * * * *
    (b) * * *
    (4) Applicants for earth stations licensed in accordance with Sec.  
25.136 must demonstrate that the transmitting earth stations will meet 
the relevant criteria specified in that section, including any showings 
required under Sec.  25.136(a)(4), (c), (d)(4), and/or (e)(4).
* * * * *

0
5. Amend Sec.  25.136 by:
0
a. Revising the section heading;
0
b. In paragraph (c)(2), removing ``table 1'' and ``Table 1'' and adding 
in their place ``table 2'' and ``Table 2'', respectively;
0
c. In paragraph (d)(4)(ii), removing ``table 1'' and ``Table 1'' and 
adding in their place ``table 3'' and ``Table 3'', respectively;
0
d. Revising paragraphs (e), (f), and (g); and
0
e. Adding paragraph (h).
    The revisions and addition read as follows:


Sec.  25.136  Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz, 
37.5-40 GHz, 47.2-48.2, GHz and 50.4-51.4 GHz bands.

* * * * *
    (e) Notwithstanding that FSS is co-primary with the Upper Microwave 
Flexible Use Service in the 24.75-25.25 GHz and 50.4-51.4 GHz bands, 
earth stations in these bands shall be limited to individually licensed 
earth stations. An applicant for a license for a transmitting earth 
station in the 24.75-25.25 GHz or 50.4-51.4 GHz band must meet one of 
the following criteria to be authorized to operate without providing 
any additional interference protection to stations in the Upper 
Microwave Flexible Use Service:
    (1) The FSS licensee also holds the relevant Upper Microwave 
Flexible Use Service license(s) for the area in which the earth station 
generates a power flux density (PFD), at 10 meters above ground level, 
of greater than or equal to -77.6dBm/m\2\/MHz;
    (2) The earth station in the 24.75-25.25 GHz band was authorized 
prior to August 20, 2018; or the earth station in the 50.4-51.4 GHz 
band was authorized prior to June 12, 2019; or
    (3) The application for the earth station in the 24.75-25.25 GHz 
band was filed prior to August 20, 2018; or the application for the 
earth station in the 50.4-51.4 GHz band was filed prior to June 12, 
2019; or
    (4) The applicant demonstrates compliance with all of the following 
criteria in its application:
    (i) There are no more than two other authorized earth stations 
operating in the same frequency band within the county where the 
proposed earth station is located that meet the criteria contained in 
either paragraph (e)(1), (2), (3), or (4) of this section, and there 
are no more than 14 other authorized earth stations operating in the 
same frequency band within the Partial Economic Area where the proposed 
earth station is located that meet the criteria contained in paragraph 
(e)(1), (2), (3), or (4) of this section. For purposes of the 
requirement in this paragraph (e)(4), multiple earth stations that are 
collocated with or at a location contiguous to each other shall be 
considered as one earth station;
    (ii) The area in which the earth station generates a power flux 
density (PFD), at 10 meters above ground level, of greater than or 
equal to -77.6 dBm/m\2\/MHz, together with the similar area of any 
other earth station operating in the same frequency band authorized 
pursuant to paragraph (e) of this section, does not cover, in the 
aggregate, more than the amount of population of the county within 
which the earth station is located as noted in table 4 to this 
paragraph (e)(4)(ii):

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

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

[[Page 20820]]

    (f) If an earth station applicant or licensee in the 24.75-25.25 
GHz, 27.5-28.35 GHz, 37.5-40 GHz, 47.2-48.2 GHz and/or 50.4-51.4 GHz 
bands enters into an agreement with an UMFUS licensee, their operations 
shall be governed by that agreement, except to the extent that the 
agreement is inconsistent with the Commission's rules or the 
Communications Act.
    (g) Any earth station authorizations issued pursuant to paragraph 
(a)(4), (c), (d)(4), or (e)(4) of this section shall be conditioned 
upon operation being in compliance with the criteria contained in the 
applicable paragraph.
    (h) Paragraphs (e), (f), and (g) of this section contain new or 
modified information-collection and recordkeeping requirements. 
Compliance with these information-collection and recordkeeping 
requirements will not be required until after approval by the Office of 
Management and Budget. The Commission will publish a document in the 
Federal Register announcing that compliance date and revising this 
paragraph (h) accordingly.

PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE

0
5. The authority citation for part 30 is revised to read as follows:

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


0
6. Amend Sec.  30.205 by:
0
a. Designating the table in paragraph (b) as table 4;
0
b. In newly designated table 4 to paragraph (b), revising the entry for 
``China Lake, CA'' and adding an entry for ``Edwards AFB, CA'' 
immediately following the entry for ``White Sands Missile Range, NM''; 
and
0
c. Adding paragraph (c).
    The revisions and additions read as follows:


Sec.  30.205  Federal coordination requirements.

* * * * *
    (b) * * *

                  Table 4 to Paragraph (b)--Coordination Areas for Federal Terrestrial Systems
----------------------------------------------------------------------------------------------------------------
              Location                               Agency                  Coordination area (decimal degrees)
----------------------------------------------------------------------------------------------------------------
China Lake, CA.....................  Navy.................................  50 kilometer radius centered on
                                                                             latitude 35.614781 and longitude -
                                                                             117.454309.
 
                                                  * * * * * * *
Edwards AFB, CA....................  Air Force............................  20 kilometer radius centered on
                                                                             latitude 34.922905 and longitude -
                                                                             117.891219.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (c) In addition to the locations listed in table 4 to paragraph (b) 
of this section, requests may be submitted to the Commission for access 
to the 37.6-38.6 GHz band for specific additional military bases and 
ranges for the purpose of defense applications or national security 
when the proposed military operations cannot be accommodated in the 37-
37.6 GHz band.

[FR Doc. 2019-09426 Filed 5-10-19; 8:45 am]
BILLING CODE 6712-01-P