[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Proposed Rules]
[Pages 23508-23519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10675]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1, 2, and 27
[WT Docket No. 19-116, FCC 19-43]
Allocation and Service Rules for the 1675-1680 MHz Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
proposes to reallocate the 1675-1680 MHz band for shared use between
incumbent federal operations and new, non-federal flexible wireless
(fixed or mobile) use operations. The Commission seeks comment on the
appropriate sharing mechanisms that will protect incumbent federal
operations while making the spectrum available for new, non-federal
use. The Commission also proposes service and technical rules designed
to promote efficient and intensive use by any new, non-federal
services.
DATES: Interested parties may file comments on or before June 21, 2019;
and reply comments on or before July 22, 2019.
ADDRESSES: You may submit comments, identified by WT Docket No. 19-116,
by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the Commission's Electronic Comment
Filing System (ECFS): http://fjallfoss.fcc.gov/ecfs2/. See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Generally if more than
one docket or rulemaking number appears in the caption of this
proceeding, filers must submit two additional copies for each
additional docket or rulemaking number. Commenters are only required to
file copies in GN Docket No. 13-111.
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 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: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
FOR FURTHER INFORMATION CONTACT: Anna Gentry, [email protected], of
the Wireless Telecommunications Bureau, Mobility Division, (202) 418-
7769. For additional information
[[Page 23509]]
concerning the PRA information collection requirements contained in
this document, contact Cathy Williams at (202) 418-2918 or send an
email to [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in WT Docket No. 19-116, FCC 19-43,
released on May 13, 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. 19-116. The complete text of the NPRM is also
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-B402, Washington, DC 20554, telephone 202-488-5300, fax
202-488-5563.
This proceeding shall continue to 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.
I. Notice of Proposed Rulemaking
Reallocation of the 1675-1680 MHz Band. Consistent with the
allocation of the broader 1675-1690 MHz band in all three ITU Regions
of the International Table,\1\ the NPRM proposes to reallocate the
1675-1680 MHz band on a co-primary basis for non-federal fixed and
mobile (except aeronautical mobile) services. Similar to the
Commission's allocation of certain other bands, the proposed
reallocation of the 1675-1680 MHz band also would permit the band to be
auctioned and used for fixed and mobile (except aeronautical mobile)
services, thereby providing flexibility for potential users to tailor
the use of the band depending on the specific needs of their networks.
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\1\ See 47 CFR 2.106.
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The 1675-1680 MHz band is currently used by NOAA for the
Meteorological Satellite (MetSat) and Meteorological Aids (MetAids)
services. These services provide robust weather data to the National
Oceanic and Atmospheric Administration (NOAA) and other users, which
they use for forecasting weather, and in part, managing hydrological
resources across the country. MetSat services will continue to occupy
the band until at least 2036. The NPRM seeks comment on an appropriate
sharing mechanism that will allow both federal and non-federal users to
operate successfully in the band. Specifically, the NPRM seeks comment
on how: (1) Current federal earth stations in, and adjacent to, the
band could be protected from harmful interference; (2) planned federal
earth stations could be added to the band while minimizing disruptions
to commercial service; and (3) non-federal earth stations that rely on
the data transmitted in the band by NOAA satellites could continue to
have access to this data.
A number of non-federal users operate earth stations that receive
the signal from the GOES-N and GOES-R series satellites to provide them
access to data necessary to carry out their weather forecasting and
other activities. The Commission believes that these users should
continue to have access to this data, and the NPRM seeks comment on how
best to achieve this goal. The NPRM seeks comment on the number and
location of such non-federal earth stations, the likelihood of
interference at such locations, and ways to mitigate the risk of
interference or otherwise ensure that they continue to have access to
the data were we to allow non-federal fixed and mobile operations. In
this regard, the NPRM notes the Commission also expects that the
completed Spectrum Pipeline Act study \2\ will provide additional
information on these topics. To the extent that particular users rely
on non-federal earth stations for critical public safety, weather
forecasting, and emergency response data and are concerned about their
ability to continue to receive the data directly from the NOAA
satellites if the band is made available for shared operations, the
NPRM encourages them to identify their locations and specific data
needs, and discuss alternative means to receive such data.
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\2\ Title X of the Bipartisan Budget Act of 2015 (Spectrum
Pipeline Act) modified previous legislation to provide funds from
the Spectrum Relocation Fund for research and development,
engineering studies, economic analyses, or other activities that
``improve the efficiency and effectiveness of the spectrum use of
federal entities in order to make available frequencies . . . for
reallocation for non-federal use or shared federal and non-federal
use, or a combination thereof, and for auction in accordance with
such reallocation.'' See Spectrum Pipeline Act, 129 Stat. 584, Sec.
1005(a)(2) (2015). NOAA is currently conducting a study using
Spectrum Relocation Fund support, as provided under the Spectrum
Pipeline Act, regarding the protection methodology necessary to make
the 1675-1680 MHz band available on a shared basis with non-federal
fixed or mobile (except aeronautical mobile) users.
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To ensure that data from GOES satellites is made broadly available
to the public, the NPRM seeks comment on alternative means of
delivering such data to current users and other interested parties. For
example, the NPRM seeks comment on whether an internet-based or private
network content delivery system be used to make the GOES data available
more broadly, without the need for an earth station, and whether this
would be an adequate means of ensuring the data can be accessed
reliably. The NPRM seeks comment on the likely costs of shifting to
alternative delivery systems and whether such a content delivery system
increase the total number of users with reliable access to such data.
To the extent that parties believe that an alternative solution would
be less reliable than an earth station, the NPRM seeks specific comment
on the factors that contribute to the lower reliability for an
internet-based or other terrestrial solution. The NPRM notes that NOAA
already makes some MetSat and other weather data services available
through other means--e.g., the internet--and these services vary in
bandwidth
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requirements. The NPRM seeks comment on whether there are examples in
this or other bands in which other content delivery solutions have
replaced or supplemented earth-station-based receivers, and if so, how
such data feeds perform during major weather events. The NPRM also
seeks comment on any special protections that may be appropriate to
ensure continuity of service for MetSat users.
1675-1680 MHz Band Plan. Given the limited size of this band, the
NPRM proposes to auction 1675-1680 MHz licenses on an unpaired basis
for terrestrial fixed and mobile use. Further, to avoid incompatible
operations among co-channel or adjacent channel licensees, the NPRM
proposes that 1675-1680 MHz be used solely as a downlink band.
Alternatively, the NPRM seeks comment on whether to authorize this band
for a combination of uplink and downlink on a TDD or other basis (as in
the adjacent unpaired 1670-1675 MHz band), or for uplink. The NPRM
seeks comment on the costs and benefits of such alternate approaches,
including the likely use cases each would support. In order to best
accommodate the fullest range of mobile wireless services, the NPRM
proposes to license the 1675-1680 MHz band as a five-megahertz block
and seeks comment on this proposal.
Consistent with the Commission's approach in several other bands
used to provide fixed and mobile services, the NPRM proposes to license
the 1675-1680 MHz band on a geographic area basis. In determining the
appropriate geographic license size, the Commission considers several
factors, including: (1) Facilitating access to spectrum by both small
and large providers; (2) providing for the efficient use of spectrum;
(3) encouraging deployment of wireless broadband services to consumers,
especially those in rural areas and tribal lands; and (4) promoting
investment in and rapid deployment of new technologies and services. In
light of these considerations, the NPRM proposes to license the 1675-
1680 MHz band on a partial economic area (PEA) basis, which may enable
a wide range of bidders to participate in the auction and select the
focused geographic areas that are most suited to their planned
operations using the 1675-1680 MHz spectrum. The NPRM asks commenters
to discuss and quantify the economic, technical, and other public
interest considerations of licensing on a PEA basis, or any other
recommended licensing approach, given that the band will be shared with
federal users.
Licensing and Operating Rules. In order to afford licensees the
flexibility to align licenses in the 1675-1680 MHz band with licenses
in other spectrum bands governed by Part 27 of the Commission's rules,
including the adjacent 1670-1675 MHz band, the NPRM proposes that
licensees in the 1675-1680 MHz band comply with licensing and operating
rules that are applicable to all Part 27 services, including assignment
of licenses by competitive bidding,\3\ flexible use,\4\ regulatory
status,\5\ foreign ownership reporting,\6\ compliance with construction
notification requirements,\7\ renewal criteria,\8\ permanent
discontinuance of operations,\9\ partitioning and disaggregation,\10\
and spectrum leasing.\11\ The NPRM seeks comment on this approach and
asks commenters to identify any aspects of the Commission's general
Part 27 service rules that should be modified to accommodate the
particular characteristics of the 1675-1680 MHz band. In addition, the
NPRM seeks comment on service-specific rules for the 1675-1680 MHz
band, including eligibility, mobile spectrum holdings policies, license
term, performance requirements, renewal term construction obligations,
and other licensing and operating rules.
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\3\ 47 U.S.C. 309(j); 47 CFR 1.2101-1.2114.
\4\ 47 CFR 2.106, 27.2, 27.3.
\5\ 47 CFR 27.10.
\6\ 47 U.S.C. 310; 47 CFR 27.12.
\7\ 47 CFR 27.14(k).
\8\ Id. Sec. 1.949.
\9\ Id. Sec. 1.953.
\10\ Id. Sec. 1.950.
\11\ Id. Sec. 1.9001 et seq.
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Consistent with established Commission practice, the NPRM proposes
to adopt an open eligibility standard for licenses in the 1675-1680 MHz
band. Similar to the Commission's approach in the 2017 Spectrum
Frontiers Order and FNPRM, the NPRM proposes not to adopt a pre-
auction, bright line limit on the ability of any entity to acquire
spectrum in the 1675-1680 MHz band through competitive bidding at
auction.\12\ The NPRM proposes that this band be included in the
Commission's spectrum screen, which helps to identify those markets
that may warrant further competitive analysis, when evaluating proposed
secondary market transactions. In addition, the NPRM proposes to review
spectrum holdings on a case-by-case basis when applications for initial
licenses are filed post-auction to ensure that the public interest
benefits of having a threshold on spectrum applicable to secondary
market transactions are not rendered ineffective. The NPRM seeks
comment on whether and how the similarity of this spectrum to spectrum
currently included in the screen should be factored into the
Commission's analysis, including the suitability of 1675-1680 MHz
spectrum for use in the provision of mobile telephony/broadband
services.
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\12\ Use of Spectrum Bands Above 24 GHz For Mobile Radio
Services et al., GN Docket No. 14-177 et al., Second Report and
Order, Second Further Notice of Proposed Rulemaking, Order on
Reconsideration, and Memorandum Opinion and Order, 32 FCC Rcd 10988,
11009-11011, paras. 70-74 (2017) (2017 Spectrum Frontiers Order and
FNPRM).
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The NPRM proposes a 15-year term for licenses for the 1675-1680 MHz
band, and invites commenters to submit alternate proposals for the
appropriate license term, which should include a discussion on the
costs and benefits. The Commission continues to believe that
performance requirements play a critical role in ensuring that licensed
spectrum does not lie fallow. Accordingly, considering the unique
characteristics of this band, the NPRM proposes that a 1675-1680 MHz
band licensee shall provide reliable signal coverage and offer service
to at least 45 percent of the population in each of its license areas
within 6 years of initial grant (first performance benchmark), and to
at least 80 percent of the population in each of its license areas
within 12 years of initial grant (second performance benchmark). The
NPRM notes that to the extent that sharing in this band is achieved
with protection zones, those zones may limit a non-federal fixed or
mobile licensee's ability to serve some portion of the population. For
purposes of assessing the satisfaction of the buildout requirement, the
NPRM seeks comment on how to account for the areas where federal use
limits or prohibits 1675-1680 MHz use. The NPRM also seeks comment on
alternative methodologies for measuring population coverage
requirements in the Gulf of Mexico (e.g. using off-shore platforms as a
proxy for population coverage).
Along with performance benchmarks, the Commission seeks to adopt a
meaningful and enforceable penalty for failing to meet those
benchmarks. The NPRM proposes that, in the event a 1675-1680 MHz
licensee fails to meet the first performance benchmark, the licensee's
second performance benchmark and license term would be reduced by two
years, thereby requiring it to meet the second performance benchmark
two years sooner (at 10 years into the license term), and reducing its
license term to 13 years. The NPRM further proposes that, in the event
a 1675-1680 MHz licensee fails to meet the second performance benchmark
of
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80 percent population coverage for a particular license area, its
authorization for each such license area shall terminate automatically
without further Commission action. In the event a licensee's authority
to operate terminates, the NPRM proposes that the licensee's spectrum
rights would become available for reassignment pursuant to the
competitive bidding provisions of section 309(j). Further, consistent
with the Commission's rules for other WRS licenses, including AWS-1,
AWS-3, AWS-4 and H Block, the NPRM proposes that any 1675-1680 MHz
licensee that forfeits its license for failure to meet its performance
requirements would be precluded from regaining the license. Finally,
the NPRM seeks comment on whether there are other alternative buildout
and enforcement mechanisms the Commission should consider, including
alternative metrics for licensees that provide services potentially
less suited to a population metric, such as Internet of Things type
services.
In addition to being subject to procedures applicable to all Part
27 licensees for demonstrating compliance with performance
requirements, including the filing of electronic coverage maps and
supporting documentation, the NPRM proposes that such electronic
coverage maps must accurately depict the boundaries of each license
area in the licensee's service territory. If a licensee does not
provide reliable signal coverage to an entire license area, the NPRM
proposes that its map must accurately depict the boundaries of the area
or areas within each license area that are not being served. Further,
the NPRM proposes that each licensee also must file supporting
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.
In addition to, and independent of, the general renewal
requirements contained in Sec. 1.949 of the Commission's rules, which
apply to all WRS licenses, the NPRM also seeks comment on application
of specific renewal term construction obligations to 1675-1680 MHz
licenses. The WRS Renewal Reform FNPRM proposed to apply rules adopted
in that proceeding to all flexible geographic licenses.\13\ Given the
proposal to license this 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 1675-1680
MHz band. The NPRM seeks comment on whether there are unique
characteristics of the 1675-1680 MHz band that might require a
different approach than the various proposals raised by the WRS Renewal
Reform FNPRM.
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\13\ Amendment of Parts 1, 22, 24, 27, 74, 80, 90, 95, and 101
To Establish Uniform License Renewal et al., WT Docket No. 10-112,
Second Report and Order and Further Notice of Proposed Rulemaking
and Order, 32 FCC Rcd 8874, 8915, paras. 111-12 (2017) (WRS Renewal
Reform 2nd R&O and FNPRM).
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If the Commission adopts a geographic area licensing scheme that
allows submission of mutually exclusive applications for the proposed
non-federal use of the 1675-1680 MHz band, it will use a competitive
bidding process as required by the Communications Act.\14\ As the
Commission has done in previous auctions, the NPRM proposes to conduct
any auction for 1675-1680 MHz licenses in conformity with the general
competitive bidding rules set forth in Part 1, subpart Q, of the
Commission's rules.\15\ Under this proposal, such rules would be
subject to any modifications that the Commission may adopt for its Part
1 general competitive bidding rules in the future. The NPRM seeks
comment on general application of the Part 1 competitive bidding rules
to any auction of 1675-1680 MHz band licenses and whether any of the
Part 1 rules or other competitive bidding policies would be
inappropriate or should be modified for an auction of licenses in this
band.
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\14\ See 47 U.S.C. 309(j)(1).
\15\ See 47 CFR 1.2101-1.2114.
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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. In recent years, for other flexible use licenses we have
adopted bidding credits for the two larger designated entity business
sizes provided in the Commission's Part 1 standardized schedule of
bidding credits. For the 1675-1680 MHz band, we seek comment on
defining a small business as an entity with average gross revenues for
the preceding five years not exceeding $55 million, and a very small
business as an entity with average gross revenues for the preceding
five years not exceeding $20 million.\16\ 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 NPRM also seeks comment on whether to offer
rural service providers a designated entity bidding credit for licenses
in this band.\17\
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\16\ The standardized schedule of bidding credits provided in
Sec. 1.2110(f)(2)(i) defines small businesses based on average
gross revenues for the preceding three years. In December 2018,
Congress revised the standard set out in the Small Business Act for
categorizing a business concern as a ``small business concern,'' by
changing the annual average gross receipts benchmark from a three-
year period to a five-year period. Thus, as a general matter, a
Federal agency cannot propose to categorize a business concern as a
``small business concern'' for Small Business Act purposes unless
the size of the concern is based on its annual average gross
receipts ``over a period of not less than 5 years.'' 15 U.S.C.
632(a)(2)(C)(ii)(II), as amended by Small Business Runway Extension
Act of 2018, Public Law 115-324 (Dec. 17, 2018). We therefore
propose to adopt the Small Business Act's revised five-year average
gross receipts benchmark for purposes of determining which entities
qualify for small business bidding credits. But because the SBA has
not yet revised its regulations to update the definition of ``small
business concern,'' for purposes of compliance with the Regulatory
Flexibility Act, the Commission will continue to use the SBA's
current definitions of ``small business,'' which is based on a
three-year benchmark. See infra Appendix C.
\17\ 47 CFR 1.2110(f)(4)(i) (bidding credit of 15 percent for
applicants meeting the requirements for being designated as a rural
service provider). To be eligible to receive a rural service
provider bidding credit, an applicant must meet the requirements set
forth in Part 1. An applicant eligible for both small business
bidding credits and rural service provider bidding credits may only
receive one of the two credits. Id. Sec. 1.2110(f)(2)(i), (4)(i).
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Technical Rules. The NPRM proposes to allow fixed and base station
(downlink) operations in the 1675-1680 MHz band and to apply technical
standards similar to those in other AWS bands. The NPRM also considers
the technical rules governing the adjacent 1670-1675 MHz band and seeks
comment on how the two bands can best coexist either separately, or in
combination. The NPRM seeks to establish technical rules that will help
optimize the potential uses of spectrum, while minimizing the impact on
other users in the band or adjacent bands, consistent with the public
interest.
The NPRM proposes to allow fixed and base stations to operate up to
2000 watts peak equivalent isotropically radiated power (EIRP),
consistent with the limits established for similar services governed by
Part 27 of the Commission's rules. The NPRM proposes an out-of-band
emissions (OOBE) limit for fixed and base stations of 43 + 10
log10 (P) dB, where P is the transmit power in watts. The
NPRM proposes to limit a licensee's predicted
[[Page 23512]]
or measured field strength to 47 dB[micro]V/m (or less) at any location
along the border of its license area. The NPRM does not propose to
limit the height of antennas for either fixed or base stations.
Consistent with existing rules for AWS operations, the NPRM proposes
that operations in the 1675-1680 MHz band would be subject to
international agreements with Mexico and Canada. Finally, Part 27
contains several additional technical rules applicable to all Part 27
services, including Section 27.51 (Equipment authorization), Section
27.52 (RF safety), Section 27.54 (Frequency stability), and Section
27.56 (Antennas structures; air navigation safety).\18\ The NPRM
proposes that all of these Part 27 technical rules should apply to all
1675-1680 MHz band licenses and licensees, including licensees who
acquire their licenses through partitioning or disaggregation.
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\18\ 47 CFR 27.51, 27.52, 27.54, 27.56.
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II. Procedural Matters
Initial Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act of 1980 (RFA), the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the possible significant economic impact on small entities of
the policies and rules proposed in this document. We request written
public comment on the IRFA. Comments must be filed in accordance with
the same deadlines as comments filed in response to the NPRM as set
forth on the first page of this document, and 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 the NPRM, including the IRFA,
to the Chief Counsel for Advocacy of the Small Business Administration.
Initial Paperwork Reduction Act Analysis
The NPRM contains proposed new information collection requirements.
The Commission, as part of its continuing effort to reduce paperwork
burdens, invites the general public and OMB to comment on the
information collection requirements contained in this document, as
required by PRA. 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.''
List of Subjects in 47 CFR Part 1, 2, and 27
Communications common carriers, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 1, 2, and 27
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. 151, 154(i), 154(j), 155, 157, 225, 227,
303(r), 309, 1403, 1404, 1451, and 1452.
0
2. Amend Sec. 1.907 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); 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, subpart 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); 1675-1680 MHz Service (part 27, subpart O); 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); Citizens Broadband Radio Service (part
96, subpart C); 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 1.9005 is amended by revising paragraph (n) to read as
follows:
Sec. 1.9005 Included services.
* * * * *
(n) The Wireless Communications Service in the 1670-1675 MHz band
and 1675-1680 MHz band (part 27 of this chapter);
* * * * *
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
4. 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
5. Section 2.106, the Table of Frequency Allocations, is amended by
revising pages 35, 36, 37, and 38 to read as follows:
Sec. 2.106 Table of Frequency Allocations.
* * * * *
BILLING CODE 6712-01-P
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BILLING CODE 6712-01-C
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PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
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6. 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.
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7. Section 27.1 is amended by adding paragraph (b)(15) to read as
follows:
Sec. 27.1 Basis and purpose.
* * * * *
(b) * * *
(15) 1675-1680 MHz.
* * * * *
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8. Section 27.5 is amended by adding paragraph (m) to read as follows:
Sec. 27.5 Frequencies.
* * * * *
(m) 1675-1680 MHz band. The unpaired 1675-1680 MHz band is
available for assignment on a PEA basis.
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9. Section 27.6 is amended by adding paragraph (m) to read as follows:
Sec. 27.6 Service areas.
* * * * *
(m) 1675-1680 MHz band. The service area for the 1675-1680 MHz band
is based on PEAs as defined in paragraph (l) of this section.
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10. Section 27.13 is amended by adding paragraph (m) to read as
follows:
Sec. 27.13 License period.
* * * * *
(m) 1675-1680 MHz band. Authorizations for the 1675-1680 MHz band
will have a term not to exceed 15 years from the date of issuance or
renewal.
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11. Section 27.14 is amended by revising the first sentence of
paragraph (a) and the first sentence of paragraph (k) and adding
paragraph (u) to read as follows:
Sec. 27.14 Construction requirements.
(a) AWS and WCS licensees, with the exception of WCS licensees
holding authorizations for the 600 MHz band, Block A in the 698-704 MHz
and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz
bands, Block E in the 722-728 MHz band, Block C, C1 or C2 in the 746-
757 MHz and 776-787 MHz bands, 1675-1680 MHz band, Block A in the 2305-
2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and
2355-2360 MHz bands, Block C in the 2315-2320 MHz band, and Block D in
the 2345-2350 MHz band, and with the exception of licensees holding AWS
authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the 2000-
2020 MHz and 2180-2200 MHz bands, or 1695-1710 MHz, 1755-1780 MHz and
2155-2180 MHz bands, must, as a performance requirement, make a showing
of ``substantial service'' in their license area within the prescribed
license term set forth in Sec. 27.13. * * *
* * * * *
(k) Licensees holding WCS or AWS authorizations in the spectrum
blocks enumerated in paragraphs (g), (h), (i), (q), (r), (s), (t), and
(u) of this section, including any licensee that obtained its license
pursuant to the procedures set forth in paragraph (j) of this section,
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. * * *
* * * * *
(u) The following provisions apply to any licensee holding an
authorization in the 1675-1680 MHz band:
(1) A licensee shall provide reliable signal coverage and offer
service within six (6) years from the date of the initial license to at
least forty-five (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 twelve (12) years from the date of the initial license
to at least eighty (80) percent of the population in each of its
license areas (``Final Buildout Requirement'').
(3) If a licensee fails to establish that it meets the First
Buildout Requirement for a particular license area, the licensee's
Final Buildout Requirement deadline and license term will be reduced by
two years.
(4) If a licensee fails to establish that it meets the Final
Buildout Requirement for a particular license area, its authorization
for each license area in which it fails to meet the Final 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.
(5) 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. For the Gulf of Mexico license area, the
licensee shall demonstrate compliance with these performance
requirements, using off-shore platforms, including production,
manifold, compression, pumping and valving platforms as a proxy for
population in the Gulf of Mexico.
(6) An applicant for renewal of a license covered by this paragraph
(u) must make a renewal showing, independent of its performance
requirements, consistent with section 1.949 as a condition of each
renewal.
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12. Section 27.50 is amended by adding paragraph (j) to read as
follows:
Sec. 27.50 Power limits and duty cycle.
* * * * *
(j) In the 1675-1680 MHz band, fixed and base stations are limited
to 2000 watts EIRP peak power.
* * * * *
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13. Section 27.53 is amended by revising paragraph (k) to read as
follows:
Sec. 27.53 Emission limits.
* * * * *
(k)(1) For operations in the 1670-1675 MHz and 1675-1680 MHz bands,
the power of any emission outside the licensee's frequency band(s) of
operation shall be attenuated below the transmitter power (P) by at
least 43 + 10 log (P) dB. Compliance with these provisions is based on
the procedures described in paragraph (a)(5) of this section.
(2) For operations in the 1670-1675 MHz and 1675-1680 MHz bands, to
the extent a licensee establishes unified operations across the AWS
blocks, that licensee may choose not to observe the emission limit
specified in paragraph (k)(1) of this section, strictly between its
adjacent block licenses in a geographic area, so long as it complies
with other Commission rules and is not adversely affecting the
operations of other parties by virtue of exceeding the emission limit.
(3) Private Agreements. Licensees in the 1670-1675 MHz and 1675-
1680 MHz bands may enter into a private agreement with all affected
licensees operating in either band to allow the out-of-band emission
limit described in this paragraph to be exceeded only between the 1670-
1675 MHz and 1675-
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1680 MHz blocks. A licensee who is a party to a private agreement
described in this section (3) must maintain a copy of the agreement in
its station files and disclose it, upon request, to prospective AWS
assignees, transferees, or spectrum lessees and to the Commission.
* * * * *
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14. Section 27.55 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 27.55 Power strength limits.
(a) * * *
(1) 1675-1680, 1995-2000, 2110-2155, 2155-2180, 2180-2200, 2305-
2320, and 2345-2360 MHz bands: 47 dB[micro]V/m.
* * * * *
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15. Section 27.57 is amended by revising paragraph (c) to read as
follows:
Sec. 27.57 International coordination.
* * * * *
(c) Operation in the 1675-1680 MHz, 1695-1710 MHz, 1710-1755 MHz,
1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155
MHz, 2155-2180 MHz, and 2180-2200 MHz bands is subject to international
agreements with Mexico and Canada.
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16. Subpart O, consisting of Sec. Sec. 27.1400, 27.1401, and 27.1410,
is added to read as follows:
Subpart O--1675-1680 MHz Band
Sec.
27.1400 675-1680 MHz band subject to competitive bidding.
27.1401 Designated entities in the 1675-1680 MHz band.
27.1410 Protection of Federal Government meteorological-satellite
operations.
Sec. 27.1400 1675-1680 MHz band subject to competitive bidding.
Mutually exclusive initial applications for 1675-1680 MHz band
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. 27.1401 Designated entities in the 1675-1680 MHz band.
(a) Eligibility for small business provisions--(1) Definitions--(i)
Small business. A small business is an entity that, together with its
affiliates, its controlling interests, and the affiliates of its
controlling interests, has average gross revenues not exceeding $55
million for the preceding five (5) years.
(ii) Very small business. A very small business is an entity that,
together with its affiliates, its controlling interests, and the
affiliates of its controlling interests, has average gross revenues not
exceeding $20 million for the preceding five (5) years.
(2) Bidding credits. A winning bidder that qualifies as a small
business, as defined in this section, or a consortium of small
businesses may use the bidding credit of 15 percent, as specified in
Sec. 1.2110(f)(2)(i)(C) of this chapter. A winning bidder that
qualifies as a very small business, as defined in this section, or a
consortium of very small businesses may use the bidding credit of 25
percent, as specified in Sec. 1.2110(f)(2)(i)(B) of this chapter.
(b) Eligibility for rural service provider bidding credit. A rural
service provider, as defined in Sec. 1.2110(f)(4)(i) of this chapter,
that has not claimed a small business bidding credit may use the
bidding credit of 15 percent specified in Sec. 1.2110(f)(4) of this
chapter.
Sec. 27.1410 Protection of Federal Government Meteorological-
Satellite operations.
(a) 14 Protection Zones. Within 14 Protection Zones, prior to
operating a base station in the 1675-1680 MHz band, licensees must
successfully coordinate such base station operations with Federal
Government entities operating meteorological satellite Earth-station
receivers in the 1675-1710 MHz band.
(b) Additional Protection Zones. Federal earth stations in the
1675-1680 MHz band may be added subject to approval by NTIA and in
compliance with a coordination process that will be announced jointly
by the FCC and NTIA via Public Notice.
(c) Interference. If protected Federal earth stations receive
harmful interference from 1675-1680 MHz band operations in the 1675-
1680 MHz band, a 1675-1680 MHz band licensee must, upon notification,
modify its operations and/or technical parameters as necessary to
eliminate the interference.
(d) Point of contact. 1675-1680 MHz band licensees must provide and
maintain a point of contact at all times so that immediate contact can
be made should interference against protected Federal sites occur.
(e) Coordination procedures. Federal use of the radio spectrum is
generally governed by the National Telecommunications and Information
Administration (NTIA) while non-Federal use is governed by the
Commission. As such, any guidance or details concerning Federal/non-
Federal coordination must be issued jointly by NTIA and the Commission.
The Commission may jointly issue with NTIA one or more public notices
with guidance or details concerning the coordination procedures for the
1675-1680 MHz band.
[FR Doc. 2019-10675 Filed 5-21-19; 8:45 am]
BILLING CODE 6712-01-P