[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Pages 22804-22890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05164]



[[Page 22803]]

Vol. 85

Thursday,

No. 79

April 23, 2020

Part II





Federal Communications Commission





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47 CFR Parts 1, 2, 25, et al.





Expanding Flexible Use of the 3.7 to 4.2 GHz Band; Final Rule

  Federal Register / Vol. 85 , No. 79 / Thursday, April 23, 2020 / 
Rules and Regulations  

[[Page 22804]]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 25, 27, and 101

[GN Docket No. 18-122; FCC 20-22; FRS 16548]


Expanding Flexible Use of the 3.7 to 4.2 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) adopts rules to reform the use of the 3.7-4.2 GHz band, 
also known as the C-Band. By repacking existing satellite operations 
into the upper 200 megahertz of the band (and reserving a 20 megahertz 
guard band), the Commission makes 280 megahertz of spectrum available 
for flexible use throughout the contiguous United States, and does so 
in a manner that ensures the continuous and uninterrupted delivery of 
services currently offered in the band. The Commission will hold a 
public auction to ensure that the public recovers a substantial portion 
of the value of this resource. And the Commission schedules that 
auction for later this year, with a robust transition schedule to 
ensure that a significant amount of spectrum is made available quickly 
for upcoming 5G deployments. This action is the next critical step in 
advancing American leadership in 5G and implementing the Commission's 
comprehensive 5G FAST Plan. The Commission modified the Report and 
Order released on March 3, 2020 with an erratum released on March 27, 
2020 and a second erratum released on April 16, 2020. The changes from 
the first and second errata are included in this document.

DATES: 
    Effective date: June 22, 2020.
    Compliance date: Compliance will not be required for Sec. Sec.  
25.138(a) and (b); 25.147(a) through (c); 27.14(w)(1) through (4); 
27.1412(b)(3)(i), (c) introductory text, (c)(2), (d)(1) and (2), and 
(f) through (h); 27.1413(a)(2) and (3), (b), and (c)(3) and (7); 
27.1414(b)(3), (b)(4)(i) and (iii), and (c)(1) through (3) and (6) and 
(7); 27.1415; 27.1416(a); 27.1417; 27.1419; 27.1421; 27.1422(c); 
27.1424; and 101.101, Note (2) until the Commission publishes a 
document in the Federal Register announcing that compliance date.

ADDRESSES: Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Anna Gentry of the Wireless 
Telecommunications Bureau, Mobility Division, at (202) 418-7769 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 Report 
and Order and Order of Proposed Modification in GN Docket No. 18-122, 
FCC 20-22 adopted February 28, 2020 and released March 3, 2020. The 
full text of the Report and Order and Order of Proposed Modification, 
including all Appendices, is available for inspection and copying 
during normal business hours in the FCC Reference Center, 445 12th 
Street SW, Room CY-A257, Washington, DC 20554, or by downloading the 
text from the Commission's website at http://docs.fcc.gov/public/attachments/FCC-20-22A1.pdf. Alternative formats are available for 
people with disabilities (Braille, large print, electronic files, audio 
format), by sending an email to [email protected] or calling the Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
    The Commission will send a copy of this Report and Order and Order 
of Proposed Modification in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

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 Report and Order on small 
entities. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) released in 
July 2018 in this proceeding (83 FR 44128, August 29, 2018). The 
Commission sought written public comment on the proposals in the NPRM, 
including comments on the IRFA. No comments were filed addressing the 
IRFA. This present Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA.

Paperwork Reduction Act

    The requirements in Sec. Sec.  25.138(a) and (b); 25.147(a) through 
(c); 27.14(w)(1) through (4); 27.1412(b)(3)(i), (c) introductory text, 
(c)(2), (d)(1) through (2), and (f) through (h); 27.1413(a)(2) and (3), 
(b), and (c)(3) and (7); 27.1414(b)(3), (b)(4)(i) and (iii), and (c)(1) 
through (3) and (6) and (7); 27.1415; 27.1416(a); 27.1417; 27.1419; 
27.1421; 27.1422(c); 27.1424; and 101.101, Note (2) 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 or modified information collection 
requirements contained in this proceeding. In addition, the Commission 
notes that, pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), 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.

Congressional Review Act

    The Commission will send a copy of this Report & Order to Congress 
and the Government Accountability Office pursuant to the Congressional 
Review Act. See 5 U.S.C. 801(a)(1)(A). In addition, the Commission will 
send a copy of the Report and Order and Order of Proposed Modification, 
including this FRFA, to the Chief Counsel for Advocacy of the SBA. A 
copy of the Report and Order and Order of Proposed Modification, and 
FRFA (or summaries thereof) will also be published in the Federal 
Register.

Synopsis

I. Introduction

    1. In this Report and Order, the Commission expands on its efforts 
to close the digital divide and promote U.S. leadership in the next 
generation of wireless services, including 5G wireless and other 
advanced spectrum-based services, by reforming the use of the 3.7-4.2 
GHz band, also known as the C-Band. By repacking existing satellite 
operations into the upper 200 megahertz

[[Page 22805]]

of the band (and reserving a 20 megahertz guard band), the Commission 
makes a significant amount of spectrum--280 megahertz or more than half 
of the band--available for flexible use throughout the contiguous 
United States, and does so in a manner that ensures the continuous and 
uninterrupted delivery of services currently offered in the band. The 
Commission will hold a public auction to ensure that the public 
recovers a substantial portion of the value of this resource. And it 
schedules that auction for later this year, with a robust transition 
schedule to ensure that a significant amount of spectrum is made 
available quickly for upcoming 5G deployments. This action is the next 
critical step in advancing American leadership in 5G and implementing 
the Commission's comprehensive strategy to Facilitate America's 
Superiority in 5G Technology (the 5G FAST Plan).

II. Background

    2. Mid-band spectrum is well-suited for next generation wireless 
broadband services given the combination of favorable propagation 
characteristics (as compared to high bands) and the opportunity for 
additional channel re-use (as compared to low bands). With the ever-
increasing demand for more data on mobile networks, wireless network 
operators increasingly have focused on adding data capacity. One 
technique for adding capacity is to use smaller cell sizes--i.e., have 
each base station provide coverage over a smaller area. Using mid-band 
frequencies can be advantageous for deploying a higher density of base 
stations. The decreased propagation distances at these frequencies 
reduce the interference between base stations using the same frequency, 
thereby allowing base stations to be more densely packed and increasing 
the overall system capacity. Mid-band spectrum thus presents wireless 
providers with the opportunity to deploy base stations using smaller 
cells to achieve higher spectrum reuse than the lower frequency bands 
while still providing indoor coverage. In addition, mid-band spectrum 
offers more favorable propagation characteristics relative to higher 
bands for fixed wireless broadband services in less densely populated 
areas. Given these characteristics, the Commission expects mid-band 
spectrum to play a prime role in next-generation wireless services, 
including 5G.
    3. For these same reasons, mid-band spectrum was a key focus of 
Congress in the Making Opportunities for Broadband Investment and 
Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOW 
Act), when it considered how to address the pressing need for more 
spectrum for wireless broadband. Specifically, Section 605(b) of the 
MOBILE NOW Act requires the Commission to evaluate ``the feasibility of 
allowing commercial wireless services, licensed or unlicensed, to use 
or share use of the frequencies between 3700 megahertz and 4200 
megahertz.'' The MOBILE NOW Act also requires that, no later than 
December 31, 2022, the Secretary of Commerce and the Commission 
``identify a total of at least 255 megahertz of Federal and non-Federal 
spectrum for mobile and fixed wireless broadband use.'' In making 255 
megahertz available, the MOBILE NOW Act provides that 100 megahertz 
below 8 GHz shall be identified for unlicensed use, 100 megahertz below 
6 GHz shall be identified for use on an exclusive, flexible-use, 
licensed basis for commercial mobile use, and 55 megahertz below 8 GHz 
shall be identified for licensed, unlicensed, or a combination of uses.
    4. The United States is not alone in recognizing the potential of 
mid-band spectrum for 5G. International governing bodies and several 
other countries likewise are reviewing the suitability of a number of 
frequency bands for next generation 5G wireless services, including the 
3.7-4.2 GHz bands. For example, the Radio Spectrum Policy Group of the 
European Commission issued a mandate to the European Conference of 
Postal and Telecommunications Administrations (CEPT) that the 3.4-3.8 
GHz band be the first primary band for 5G, and CEPT currently is 
developing a report that will provide recommendations for updating the 
European regulatory framework for this band. A number of European 
governments are taking actions to make parts of the band available for 
5G. Germany intends to make the 3.4-3.8 GHz band available by the end 
of 2021. In December 2019, France announced the procedures for awarding 
licenses in the 3.4-3.8 GHz band, which it allocated as a ``core'' 5G 
band, consistent with the European Commission's guidance. And the 
Austrian government held its first auction of 5G licenses in the 3.4-
3.8 GHz band in the spring of 2019. There is also significant interest 
in parts of the band in Asia and in Australia. For example, the 
Ministry of Internal Affairs and Communications in Japan awarded 
licenses in the 3.6-4.1 GHz band for 5G in 2019. In August 2019, 
Australia initiated an initial investigation of possible arrangements 
for fixed and mobile broadband use in the 3.7-4.2 GHz band. And in 
November 2018, the United Arab Emirates issued licenses in the 3.3-3.8 
GHz band for the establishment of 5G networks.

A. Current Use of the 3.7-4.2 GHz Band and Adjacent Bands

    5. The 3.7-4.2 GHz band currently is allocated in the United States 
exclusively for non-Federal use on a primary basis for Fixed Satellite 
Service (FSS) and Fixed Service. For FSS, the 3.7-4.2 GHz band (space-
to-Earth or downlink) is paired with the 5.925-6.425 GHz band (Earth-
to-space or uplink), and collectively these bands are known as the 
``conventional C-band.'' Domestically, space station operators use the 
3.7-4.2 GHz band to provide downlink signals of various bandwidths to 
licensed transmit-receive, registered receive-only, and unregistered 
receive-only earth stations throughout the United States. FSS operators 
use this band to deliver programming to television and radio 
broadcasters throughout the country and to provide telephone and data 
services to consumers. The 3.7-4.2 GHz band is also used for reception 
of telemetry signals transmitted from satellites to earth stations, 
typically near the edges of the band, i.e., at 3.7 GHz or 4.2 GHz.
    6. Satellites operating in the C-band typically have 24 
transponders, each with a bandwidth of 36 megahertz. Thus, the 24 
transponders on a satellite use 864 megahertz of spectrum, or 364 
megahertz more than the 500 megahertz available. This is the result of 
spectrum reuse--adjacent transponders overlap, and self-interference is 
avoided by using opposite polarizations. Under existing rules, space 
station operators in the 3.7-4.2 GHz band are authorized to use all 500 
megahertz exclusively at any orbital slot, but non-exclusively in terms 
of geographic coverage. Therefore, multiple FSS incumbents using 
satellites deployed at different locations in the geostationary orbit 
can transmit within overlapping geographic boundaries. Space stations 
that serve or transmit signals into the U.S. market may also be 
providing service to other countries.
    7. For the Fixed Service in the 3.7-4.2 GHz band, 20 megahertz 
paired channels are assigned for point-to-point common carrier or 
private operational fixed microwave links. There are fewer than 100 
fixed service licensees operating in the band.
    8. Last year, in response to a Bureau-level public notice, space 
station operators and earth station owners filed certifications and 
information regarding their 3.7-4.2 GHz usage. Intelsat License

[[Page 22806]]

LCC (Intelsat), SES Americom, Inc. (SES), Eutelsat S.A. (Eutelsat) and 
Telesat Canada, ABS Global (ABS), Hispamar S.A. (Hispasat), and Star 
One S.A. (Star One) provided specific information on the existing C-
band downlink capacity and contracted use for 66 satellites authorized 
to provide service in the 3.7-4.2 GHz band to the United States. In 
March 2019, the most recent month of data collected, the combined FSS 
downlink capacity and usage of those 66 satellites was, respectively, 
59,427 megahertz and 33,138 megahertz in total with 19,961 megahertz of 
usage providing service to the United States (i.e., 33.59% of the total 
capacity of the 66 satellites). Intelsat, SES, Eutelsat, Telesat 
Canada, and Star One have publicly disclosed the provision of service 
to registered earth stations in the United States in the 3.7-4.2 GHz 
band.
    9. The spectrum band immediately below the 3.7-4.2 GHz band is 
already authorized for commercial wireless operations. In 2015, the 
Commission established the Citizens Broadband Radio Service in the 
3.55-3.7 GHz band for shared use between commercial wireless operations 
and incumbent operations--including military radar systems, non-federal 
FSS earth stations, and, for a limited time, grandfathered wireless 
broadband licensees in the 3.65-3.7 GHz band. Under the Commission's 
rules, existing terrestrial wireless operations in the 3.65-3.7 GHz 
band are grandfathered for up to five years or until the end of their 
license term, whichever is longer. The Citizens Broadband Radio Service 
is available for flexible wireless use and will support next generation 
wireless services, including 5G. Spectrum at or below the 3.7 GHz band 
is also used for reception of telemetry signals transmitted by 
satellites. The band just above the 3.7-4.2 GHz band--4.2-4.4 GHz--is 
allocated for aeronautical radionavigation using radio altimeters in 
the United States. In 2015, the World Radio Conference added a global 
co-primary allocation for wireless avionics intra-communications 
systems. Radio altimeters are critical aeronautical safety-of-life 
systems primarily used at altitudes under 2500 feet and must operate 
without harmful interference. Wireless Avionics Intra-Communications 
systems provide communications over short distances between points on a 
single aircraft and are not intended to provide air-to-ground 
communications or communications between two or more aircraft.

B. Procedural History

    10. Mid-Band Notice of Inquiry.--In the NOI, the Commission began 
an evaluation of whether spectrum between 3.7 GHz and 24 GHz could be 
made available for flexible wireless use. The NOI sought comment in 
particular on three mid-range bands that stakeholders had identified 
for expanded flexible use (3.7-4.2 GHz, 5.925-6.425 GHz, and 6.425-
7.125 GHz), and it asked commenters to identify other mid-range 
frequencies that may be suitable for expanded flexible use. The 
Commission asked questions specific to the challenges and opportunities 
presented by each band. For example, the Commission asked commenters to 
identify options for more intensive fixed and mobile use in the 3.7-4.2 
GHz band, including whether the band is desirable or suitable for 
mobile use, whether the existing Fixed Service rules should be modified 
to support more flexible and intensive fixed use, such as point-to-
multipoint services.
    11. Freeze and Filing Window Public Notices.--In April 2018, the 
Wireless Telecommunications, International, and Public Safety and 
Homeland Security Bureaus announced a temporary freeze on the filing of 
new or modified applications for earth station licenses, receive-only 
earth station registrations, and fixed microwave licenses in the 3.7-
4.2 GHz band, in order to preserve the current landscape of authorized 
operations in the band pending the Commission's consideration of the 
issues raised in response to the NOI. In June 2018, the International 
Bureau established a window ending October 17, 2018 (later extended to 
October 31, 2018), for filing applications to license or register 
existing earth stations in the 3.7-4.2 GHz frequency band as a limited 
exception to the earth station application freeze. Further, the 
International Bureau announced a temporary freeze on the filing of 
certain space station applications, effective June 21, 2018.
    12. Order and Notice of Proposed Rulemaking.--In July 2018, the 
Commission adopted an Order and Notice of Proposed Rulemaking (83 FR 
44128, Aug. 28, 2018) (Order and NPRM) in this proceeding. To enable 
the Commission to make an informed decision about the proposals 
discussed in the NPRM, the Order required certain parties to file 
information about their operations--including information on the scope 
of current FSS use of the band--and it noted that several of the 
potential transition methods outlined in the NPRM might require 
additional earth station or space station information.
    13. In the NPRM, the Commission sought comment generally on the 
future of incumbent use of the 3.7-4.2 GHz band and specifically on how 
to define the classes of incumbents, including earth stations, space 
stations, and point-to-point FS. The Commission sought comment on 
revising its part 25 rules to limit eligibility to file applications 
for earth station licenses or registrations to incumbent earth 
stations, proposed to update International Bureau Filing System (IBFS) 
to remove 3.7-4.2 GHz band earth station licenses or registrations for 
which the licensee or registrant did not file the certifications 
required in the Order (to the extent they were licensed or registered 
before April 19, 2018), and sought comment on how to maintain the 
accuracy of IBFS data. Regarding space stations, the Commission 
proposed to revise its rules to bar new applications for space station 
licenses and new petitions for market access concerning space-to-Earth 
operations in the 3.7-4.2 GHz band. Given the limited number of point-
to-point Fixed Service licensees in the band, the Commission proposed 
to sunset point-to-point Fixed Service use in the band, and it sought 
comment on whether existing fixed links should be grandfathered or 
transitioned out of the band over some time period, after which all 
licenses would either be cancelled or modified to operate on a 
secondary, non-interference basis.
    14. The Commission also sought comment on the current and future 
economic value of FSS in the band, on approaches for expanding flexible 
and more intensive fixed use of the band without causing harmful 
interference to incumbent operations, and on proposals to clear all or 
part of the band for flexible use. More specifically, the Commission 
sought comment on a variety of approaches for expanding flexible use in 
the 3.7-4.2 GHz band, including market-based, auction-based, hybrid, 
and other approaches to repurpose some or all of the band. The 
Commission also sought comment on the appropriate band plan, as well as 
the licensing, operating, and technical rules for any new flexible use 
licenses in the band. In response to the NPRM, comments and reply 
comments were due on October 29, 2018 and December 11, 2018, 
respectively.
    15. May Public Notice.--On May 3, 2019, the International and 
Wireless Telecommunications Bureaus issued a public notice (84 FR 
25514, June 3, 2019) (May 3 Public Notice) seeking comment on positions 
taken by the C-Band Alliance, the Small Satellite

[[Page 22807]]

Operators, and T-Mobile. The May 3 Public Notice sought comment on the 
enforceable interference protection rights, if any, granted to space 
station operators against co-primary terrestrial operations and whether 
those rights depend on the extent to which incumbent earth stations 
receive their transmissions within the United States. The May 3 Public 
Notice also sought comment on the enforceable interference protection 
rights granted to licensed or registered receive-only earth station 
operators against co-primary terrestrial operations and whether 
registered receive-only earth station operators are eligible as 
``licensee[s]'' under Section 309(j)(8)(G), to voluntarily relinquish 
their rights to protection from harmful interference in the reverse 
phase of an incentive auction. The May 3 Public Notice also asked 
whether the Commission had authority to offer payments to such earth 
stations to induce them to modify or relocate their facilities. The May 
3 Public Notice also sought comment on the limits, if any, that Section 
316 of the Act places on the proposals raised by the Commission in the 
NPRM or by the commenters in this docket and on obligations, if any, 
that Section 316 of the Act places on the Commission vis-[agrave]-vis 
licensed or registered receive-only earth station operators.
    16. July Public Notice.--On July 19, 2019, the Wireless 
Telecommunications Bureau, International Bureau, Office of Engineering 
and Technology, and Office of Economics and Analytics issued a public 
notice (84 FR 35365, July 23, 2019) (July 19 Public Notice) seeking 
comment on filings by: (1) ACA Connects--America's Communications 
Association, the Competitive Carriers Association, Charter 
Communications, Inc. (ACA Connects Coalition); (2) AT&T and (3) the 
Wireless internet Service Providers Association, Google, and Microsoft 
(WISPA plan). In particular, the July 19 Public Notice sought comment 
on ways to increase the efficient shared use of the C-band through the 
submitted plans, the viability of ACA Connects Coalition's plan to move 
all video programming to fiber, and the viability of fiber generally.

III. Report and Order

    17. The Commission believes C-band spectrum for terrestrial 
wireless uses will play a significant role in bringing next-generation 
services like 5G to the American public and assuring American 
leadership in the 5G ecosystem. The Commission takes action to make 
this valuable spectrum resource available for new terrestrial wireless 
uses as quickly as possible, while also preserving the continued 
operation of existing FSS services during and after the transition. The 
record in this proceeding makes clear that licensing mid-band spectrum 
for flexible use will lead to substantial economic gains, with some 
economists estimating billions of dollars in increases on spending, new 
jobs, and America's economy. At the same time, the Commission also 
recognizes the significant benefit to consumers provided by incumbent 
FSS services throughout the United States. Because the Commission finds 
that incumbent space station operators will be able to maintain the 
same services in the upper 200 megahertz as they are currently 
providing across the full 500 megahertz of C-band spectrum, the rules 
adopted in this Report and Order will benefit the American public by 
simultaneously preserving existing FSS services and making way for the 
provision of next-generation wireless services throughout the 
contiguous United States.
    18. In this Report and Order, the Commission concludes that a 
public auction of the lower 280 megahertz of the C-band will best carry 
out the Commission's goals, and it adds a mobile allocation to the 3.7-
4.0 GHz band so that next-generation services like 5G can use the band. 
Relying on the Emerging Technologies framework, the Commission adopts a 
process to relocate FSS operations into the upper 200 megahertz of the 
band, while fully reimbursing existing operators for the costs of this 
relocation and offering accelerated relocation payments to encourage a 
speedy transition. The Commission also adopts service and technical 
rules for overlay licensees in the 280 megahertz of spectrum designated 
for transition to flexible use.

A. Public Auction of 280 Megahertz of C-Band Spectrum for Flexible Use

    19. After review of the extensive record in this proceeding, the 
Commission adopts a traditional Commission-administered public auction 
of overlay licenses in the 280 megahertz of C-band spectrum made 
available for flexible use. The Commission adopts this approach because 
it will rapidly and effectively repurpose this band for new wireless 
terrestrial uses, rely on established mechanisms for putting this 
valuable spectrum to its highest valued use pursuant to statutory 
criteria designed to promote competition and other important public 
interest goals, and provide reasonable accommodations to eligible space 
station operators and incumbent earth stations. The advantages of the 
public auction include making a significant amount of 3.7-4.2 GHz band 
spectrum available quickly for flexible-use licenses and adopting a 
transition period that aligns stakeholders' incentives, particularly 
those of incumbent FSS operators, so as to achieve an expeditious 
transition, while ensuring effective accommodation of relocated 
incumbent users.
    20. In the NPRM, the Commission sought comment on a variety of 
market-based mechanisms for expanding flexible use in the 3.7-4.2 GHz 
band, including a private sale approach, auction mechanisms, and other 
hybrid approaches that combined elements of various mechanisms. For the 
private sale approach, the NPRM sought comment on a process whereby the 
satellite industry voluntarily would negotiate with any interested 
terrestrial operators for the sale of the space station operators' 
rights in the band and then would clear the negotiated-for spectrum and 
make it available for flexible use while ensuring uninterrupted 
incumbent earth station operations through a variety of potential 
means. With respect to more traditional, Commission-led transition 
mechanisms, the NPRM sought comment on various auction approaches, such 
as an overlay, incentive, and capacity auctions, including transition 
mechanisms used in prior proceedings. The May 3 Public Notice sought 
additional comment on the Commission's authority under the Act as well 
as approaches raised by the C-Band Alliance and T-Mobile. And the July 
19 Public Notice sought additional comment on a public auction approach 
advocated by ACA Connects (the ACA Plan), among other issues. Under 
each of these approaches, the Commission sought comment on how to 
ensure that incumbent C-band users are effectively transitioned out of 
the spectrum made available for flexible-use and on whether to provide 
reimbursement to incumbent space station operators for the costs of 
transitioning their services.
    21. The Commission adopts a traditional Commission-administered 
public auction of overlay licenses to make the C-band spectrum 
available expeditiously for next-generation terrestrial wireless use. 
With overlay licenses, the licensees obtain the rights to geographic 
area licenses ``overlaid'' on top of the incumbent licensees, meaning 
that they may operate anywhere within its geographic area, subject to 
protecting the operations of incumbent licensees. The Commission has 
offered two basic forms of overlay licenses: One that grandfathers 
legacy incumbents and allows their voluntary relocation, and another 
that makes relocation of incumbents to comparable facilities mandatory. 
The Commission

[[Page 22808]]

adopts the latter approach--assigning overlay licenses via public 
auction with rules for clearing the band for flexible use and holding 
incumbents harmless--for several reasons.
    22. First, the Commission finds that a public auction of flexible-
use licenses--conditioned upon relocation of incumbent operations--will 
best ensure fairness and competition in the allocation of these new 
flexible-use licenses. The Commission has a long and successful history 
conducting public auctions of spectrum and has well-established 
oversight processes designed to promote transparency and ensure that 
valuable public spectrum resources are put to their highest and best 
use, while also promoting other public interest goals articulated in 
Section 309(j) of the Act. In more recent years, public auctions of new 
flexible-use rights have played a pivotal role in transitioning 
existing bands and making spectrum available for new uses. Importantly, 
the Commission carefully designs each auction to include transparent 
procedures that promote fair-market pricing and robust participation 
from a diverse group of bidders. Commission control and oversight of 
the auction of new flexible-use licenses in the 3.7-3.98 GHz band will 
ensure that a wide range of interested parties have fair and equal 
access to new spectrum rights that will be vital to the introduction of 
next-generation wireless services.
    23. Second, a public auction will maintain the Commission's ability 
to ensure that incumbent space station operators and earth station 
owners are able to provide and receive the services and content that 
they currently provide and receive both during and after mandatory 
relocation. The safeguards the Commission adopts in conjunction with a 
public auction ensure that the clearing process is both equitable and 
transparent and that it provides customers of these incumbent C-band 
providers assurance that they will continue to be able to receive C-
band services during and after the transition. In addition to licensing 
and technical rules designed to promote harmony between existing C-band 
services and new flexible uses in the band, the Commission adopts rules 
for the transition process to ensure that all relevant stakeholders 
have access to information regarding the necessary steps, costs, 
respective obligations of each party, and overall timeline for 
transitioning existing C-band services to the upper 200 megahertz of 
the band. The Commission's experience in overseeing other complicated, 
multi-stakeholder transitions of diverse incumbents demonstrates the 
need for Commission rules and oversight of the transition process to 
mitigate disputes among stakeholders, expedite the clearing process, 
and ensure all affected parties receive what they are entitled to in a 
timely manner.
    24. Third, the Commission finds that its authority to hold such an 
auction is firmly established. Section 309 governs the Commission's 
process for granting licenses under Title III, and it expressly grants 
the Commission authority to hold an auction where mutually exclusive 
applications are accepted for initial spectrum licenses. The Commission 
has used an auction of overlay licenses on a number of occasions to 
repurpose spectrum for a new service, by requiring incoming licensees 
to clear the band (typically by funding the relocation of incumbent 
licensees) in order to fully deploy the new service in a manner that 
meets the goals and requirements that the Commission had established 
under Section 303 for providing that service. Since 1992, the 
Commission has also adopted a series of rules to enable new licensees 
to enter into voluntary or mandatory negotiations with incumbent 
operators to clear a spectrum band after which, failing an agreement, 
the new entrant could involuntarily clear incumbent operations by 
expressing its intent to commence operations in that band and paying 
for all reasonable relocation costs. Courts repeatedly have approved 
the Commission's use of this authority as a means of introducing new 
services and ensuring that displaced incumbents are placed in positions 
comparable to those that they had occupied prior to displacement. In 
light of this well-established precedent and the Commission's repeated 
success in conducting such auctions in a manner that promotes the 
public interest, convenience, and necessity, the Commission finds that 
it has ample legal authority to employ an auction of overlay licenses 
as a means of introducing new flexible uses in the C-band.
    25. Fourth, the Commission finds that holding a public auction will 
ensure this spectrum gets put to its highest, best use quickly. In 
formulating the transition process and rules adopted in this Report and 
Order, stakeholders have repeatedly emphasized the need to make C-band 
spectrum available for flexible use as quickly as possible, with the 
goal of conducting an auction of overlay licenses in the 3.7-3.98 GHz 
band by the end of 2020. Indeed, by seeking comment, in a separate 
public notice, on procedures for an auction of 3.7 GHz Service licenses 
concurrently with this Report and Order, the Commission immediately 
initiates the necessary Commission processes to prepare for an auction. 
Notably, while satisfying the administrative procedures and 
requirements associated with a Commission-administered auction, the 
timelines adopted in this Report and Order result in spectrum being 
made available for flexible use at least as quickly as any of the other 
transition mechanisms proposed in this proceeding.
    26. The Commission's decision to hold a public auction has 
overwhelming support in the record. A range of commenters with diverse 
interests support Commission-led auction approaches--including those 
involving spectrum clearing and geographic clearing--and they emphasize 
the importance, regardless of the chosen transition approach, that the 
Commission maintain oversight throughout the transition process. 
Several commenters support a traditional forward auction, using a 
standard clock auction format such as that used in Auction 102 for the 
24 GHz band. Many commenters that support a public auction of flexible-
use licenses in a portion of the 3.7-4.2 GHz band emphasize that the 
approach must also include a condition on the licenses requiring new 
flexible-use licensees to reimburse incumbent C-band users for their 
relocation costs. Certain parties that originally advocated for 
alternate transition mechanisms in this proceeding have come to support 
a public auction of overlay licenses as an effective approach to 
repurposing C-band spectrum for flexible use.
    27. Next, the Commission designates 280 megahertz of C-band 
spectrum (3.7-3.98 GHz) throughout the contiguous United States to be 
cleared for auction plus another 20 megahertz (3.98-4.0 GHz) to be 
cleared to serve as a guard band. Given the high demand for mid-band 
spectrum, the Commission in the NPRM sought comment on whether to set a 
``socially efficient amount of [C-band] spectrum'' for repurposing in 
order to ensure this valuable spectrum is put to its highest and best 
use.
    28. The Commission finds that clearing the lower 280 megahertz 
(plus a 20 megahertz guard band) of the C-band strikes the appropriate 
balance between making available as much spectrum as possible for 
terrestrial use in a short timeframe and ensuring sufficient spectrum 
remains to support and protect incumbent uses. In particular, the 
Commission finds that making 280 megahertz available for flexible use 
is sufficiently large to spur necessary investment in equipment and 
network deployment resources for next-

[[Page 22809]]

generation wireless services in this band. Numerous commenters support 
clearing 280 megahertz or more to support terrestrial 5G use.
    29. The Commission's approach will permit all incumbents to 
maintain comparable service for existing customers and to obtain future 
customers in the upper part of the band, while making more efficient 
use of the band as a whole. C-band space station operators that 
currently are serving U.S. customers are in a unique position to 
quickly clear a significant portion of this band spectrally by 
transitioning their services to the upper portion of the band. Through 
a process of ``satellite grooming,'' each satellite company can use 
their internal fleet management resources to determine the most 
efficient way to migrate customers to the upper portion of the band, 
including in some instances by migrating customers to transponders on a 
different space station operator's fleet. The record adequately 
demonstrates the satellite industry's ability to clear 280 megahertz 
for public auction, along with a 20 megahertz guard band, while also 
ensuring that its customers and incumbent earth station operators are 
adequately transitioned and able to continue operations without 
interruption. Furthermore, the rules adopted in this Report and Order 
will ensure that incumbent operations are adequately accommodated and 
can continue to make use of existing satellite services, while 
incurring no significant transition costs. The Commission therefore 
finds that an auction of the lower 280 megahertz of C-band spectrum 
across the contiguous United States will best advance the Commission's 
goal of ensuring the United States' leadership in 5G deployment and 
service offerings without compromising the continued operation of 
existing C-band services.
    30. The Commission's decision to hold a public auction of overlay 
licenses to operate in the 3.7-3.98 GHz band is the result of careful 
review of the extensive record in this proceeding, which included 
transition mechanism proposals submitted by a variety interested 
parties across stakeholder groups.
    31. C-Band Alliance.--The Commission declines to adopt the C-Band 
Alliance proposal for a private sale approach led by incumbent C-band 
space station operators. The Commission finds that, relative to the C-
Band Alliance proposal, the use of a public auction will provide a 
greater benefit to potential bidders, ensure Commission oversight and 
protect the interests of displaced incumbent C-band users, promote a 
rapid transition, and be more firmly grounded in established legal 
authority. First, the C-Band Alliance proposal would place the licensee 
selection process for an entire band of newly configured spectrum into 
private hands by vesting private entities with the exclusive ability to 
allocate new terrestrial rights to valuable C-band spectrum through 
privately negotiated sales that would not be subject to any of the 
procedural protections or public interest requirements that Commission-
led auctions are designed to promote. Such an approach lacks the 
transparency and procompetitive features of a public auction and would 
provide bidders with less certainty about fair and equal access to new 
flexible-use licenses. In contrast to a private sale conducted by 
private entities whose primary incentive would be to maximize profits, 
a Commission-led auction will be driven by broader public interests, 
including robust participation by a diverse group of bidders, 
competitive pricing, and transparent allocation of this valuable public 
resource.
    32. Second, Commission oversight of the public auction and issuance 
of flexible-use licenses conditioned upon relocation of incumbent 
operations will more effectively ensure that all incumbent C-band users 
are made whole upon completion of the transition. The C-Band Alliance's 
proposal would give certain incumbent space station operators 
substantial discretion to decide whether and to what extent all 
affected C-band users should be accommodated in the transition and 
compensated for their relocation costs. This responsibility is directly 
at odds with space station operators' fiduciary duties to their 
shareholders to maximize the retained profits from the private sale. In 
contrast, Commission oversight of a public auction and the transition 
process will be specifically designed to ensure that incumbent C-band 
users are able to maintain their existing services and are reimbursed 
for all reasonable costs associated with the transition.
    33. Third, the Commission believes that a public auction of overlay 
licenses will make spectrum available for flexible-use just as fast as 
a private sale approach. Indeed, the Commission plans to hold the 
public auction this year--just as the C-Band Alliance had proposed for 
its private sale--and the Commission incorporates aspects of their 
proposed transition process and deadlines into this Report and Order. 
The Commission disagrees with the C-Band Alliance argument that any 
Commission-led auction mechanism would fail to overcome the holdout 
problem due to non-exclusive incumbent rights in the band and would 
require significant Commission intervention that would delay the 
auction approach relative to a market-based approach. Despite its 
initial claim that its private sale proposal would solve the holdout 
problem by incentivizing incumbent space station operators to cooperate 
in the transition and collectively sell their shared spectrum rights to 
new flexible-use licensees, only three incumbent C-band space station 
operators are members of the C-Band Alliance and have fully supported 
the C-Band Alliance's proposal. Unless the Commission were to adopt 
rules granting the C-Band Alliance exclusive authority to lead the 
transition and compelling non-member space station operators to 
cooperate with the C-Band Alliance's approach, there would be a 
potential, and indeed likely, holdout problem that could undermine the 
success of such a transition. The Commission believes such exclusive 
authority would raise significant competitive concerns in the absence 
of unanimity among incumbent space station operators. In other words, 
due to the existing licensing regime in this band, the potential 
holdout problem needs to be addressed regardless of whether the 
Commission adopts a public auction or private sale approach. The rules 
adopted in this Report and Order are specifically designed to reduce 
the risk of potential holdouts by aligning the incentives of all 
relevant C-band space station operators with the Commission's goals of 
rapid introduction of C-band spectrum into the marketplace, and the 
Commission finds that its public auction approach will provide for 
rapid clearing upon final action in this proceeding.
    34. Finally, the Commission finds that a public auction is more 
consistent with the Commission's long-standing legal authority to 
manage spectrum in the public interest than a private sale conducted by 
incumbent space station operators. In contrast to the Commission's 
well-established authority to conduct auctions of overlay licenses 
conditioned upon the relocation of incumbent users, the C-Band Alliance 
proposal would require an unprecedented grant of authority to private 
entities to negotiate with new entrants for the conveyance of spectrum-
use rights that FSS licensees do not currently have. While the 
Commission has previously modified the existing licenses of incumbents 
to assign new license rights without creating a mechanism to allow for 
the

[[Page 22810]]

filing of mutually exclusive applications, such modifications were 
adopted in order to authorize the incumbent licensees to provide new or 
additional services. Under the C-Band Alliance proposal, the Commission 
would be granting incumbent space station operators new flexible-use 
rights solely for the purpose of allowing the incumbents to sell those 
rights on the secondary market, without actually requiring them to meet 
any buildout requirements or initiate terrestrial service. Indeed, 
given the full band, full arc nature of FSS licenses, incumbent space 
station operators could not provide terrestrial mobile services without 
causing interference to existing C-band satellite services.
    35. T-Mobile Proposal.--The Commission declines to adopt T-Mobile's 
proposal of an incentive auction and modified proposal of a more 
traditional forward auction of flexible-use licenses. First, T-Mobile's 
proposal exceeds our incentive auction authority. Section 309(j)(8)(G) 
restricts our use of incentive auctions so that only ``licensees'' may 
voluntarily relinquish licensed ``spectrum usage rights'' in exchange 
for accelerated relocation payments. Unlike the incumbent space station 
operators, earth station registrants are not licensees. The 
Communications Act defines the term ``license'' narrowly as ``that 
instrument of authorization required by [the Act] or the rules and 
regulations of the Commission made pursuant to [the Act], for the use 
or operation of apparatus for transmission of energy, or 
communications, or signals by radio, by whatever name the instrument 
may be designated by the Commission.'' Since 1979 the Commission has 
found that licensing receive-only earth stations was not required by 
the Communications Act because, by definition, such earth stations do 
not transmit energy, communications, or signals by radio, and since 
1991 receive-only earth stations have not been eligible to apply for a 
Commission license. While some receive-only earth stations in the C-
band are licensed to transmit in another band (i.e., licensed transmit-
receive earth stations), that license to transmit does not provide the 
earth station operator with the right to transmit in the C-band, where 
they hold no ``licensed spectrum usage rights.'' Because receive-only 
earth stations are (and must be) unlicensed and have no 
``transmission'' authority, earth station registrants may not 
participate in the supply-side of an incentive auction.
    36. Second, because FSS licensees in the C-band share the same non-
exclusive rights to transmit nationwide, across the full 500 megahertz, 
their license rights are not substitutes such that they could compete 
against one another in a reverse auction to forfeit those rights; all 
incumbent space station operators would need to clear their existing 
services from a portion of the band in order to make that spectrum 
available for flexible use. Section 309(j)(8)(G) specifically requires 
that, in order for the Commission to hold an incentive auction, ``at 
least two competing licensees participate in the reverse auction.'' 
Because incumbent C-band space station operators are not competing 
licensees that could bid against one another in a reverse auction, T-
Mobile's proposal would be an unlawful exercise of the Commission's 
incentive auction authority.
    37. Third, the incentive auction would result in a patchwork of 
spectrum and geographic areas being made available for flexible use, 
rather than a uniform block of spectrum being cleared throughout the 
contiguous United States. T-Mobile's proposal would allow incumbent 
earth station owners to agree to clear geographically, for example by 
switching existing C-band services to fiber. This would likely result 
in a disproportionate amount of C-band spectrum being made available in 
urban areas, where the demand for C-band spectrum is higher and the 
costs of transitioning to alternative transition mechanisms is lower 
than in rural areas. The Commission therefore finds that T-Mobile's 
proposal would undermine the Commission's stated goals for this 
proceeding to close the digital divide and promote the introduction of 
next-generation wireless services in all communities, both rural and 
urban, throughout the contiguous United States.
    38. Because our public auction of overlay licenses provides a 
Commission-led auction mechanism to make 280 megahertz available for 
flexible use throughout the contiguous United States and compensate 
incumbent C-band users for their relocation costs, the Commission finds 
that it captures all the benefits of T-Mobile's proposal while avoiding 
the legal and practical complications of an incentive auction in this 
band. Indeed, T-Mobile now agrees that a traditional forward auction of 
overlay licenses will be a more straight-forward approach to implement 
than the incentive auction it originally proposed.
    39. ACA Connects Coalition Proposal.--The Commission declines to 
adopt the ACA Connects Coalition proposal to transition MVPD earth 
stations to fiber and repack remaining earth station users into the 
upper portion of the band. First, while the ACA Connects Coalition 
proposes a public auction to award new terrestrial flexible-use 
licenses and assign obligations for transition costs, it does not 
provide potential bidders with the same certainty as the public auction 
of overlay licenses adopted here. Importantly, the ACA Connects 
Coalition suggests that programmers, MVPDs, and C-band service 
providers would negotiate contracts and develop plans for the 
transition ``in the period between an FCC decision and the completion 
of an auction.'' However, such private contract negotiations would 
involve decisions--such as how much spectrum will be made available, in 
which geographic areas, and on what timeline--that would be crucial for 
potential bidders to understand in advance of the auction. It is 
unclear from the ACA Connects Coalition proposal when these decisions 
would be made and how that information would be conveyed to potential 
bidders such that they could make informed decisions about the spectrum 
band and geographic areas they would compete for at auction. The 
Commission finds that its public auction of overlay licenses will 
provide bidders with more certainty by designating a uniform block of 
280 megahertz that will be made available for flexible use throughout 
the contiguous United States.
    40. Second, the Commission finds that its approach will more 
effectively ensure that all incumbent C-band users are adequately 
transitioned and able to continue receiving C-band services after the 
introduction of new terrestrial wireless operations in the 3.7 GHz 
Service. The Commission agrees with those commenters who point out that 
the ACA Connects Coalition proposal lacks important implementation 
details, such as how to manage the transition of a wide variety of 
stakeholders, including the design, testing, construction, and 
integration of nationwide fiber networks and the necessary provisions 
for maintaining fiber operations in the future. In contrast to the ACA 
Connects Coalition proposal, the approach the Commission adopts here 
ensures that incumbent earth station owners will be effectively 
transitioned and will be able to receive the same C-band services after 
the transition as they do today.
    41. Third, the Commission finds that the ACA Connects Coalition 
proposal is likely to underestimate the complexities and costs of 
transitioning from C-band satellite spectrum to fiber and would be 
unlikely to facilitate more rapid and extensive deployment of 
terrestrial wireless services than the approach the

[[Page 22811]]

Commission adopts in this Report and Order. The ACA Connects Coalition 
proposes that clearing would be conducted on a market-by-market basis, 
which would have ``some urban markets'' available for flexible-use in 
approximately 30 months, the ``majority of remaining markets'' in three 
years, and the last, ``hard-to-build areas'' in five years. The 
Commission shares the concerns of many commenters who doubt that the 
ACA Connects Coalition proposal could be completed by those timelines. 
The Commission finds that its approach minimizes the costs, 
complexities, and risks of delay inherent in the ACA Connects Coalition 
proposal and is therefore more likely to clear a substantial amount of 
C-band spectrum in a faster timeframe via a more efficient mechanism.
    42. Fourth, the Commission finds that the approach adopted in this 
Report and Order is more consistent with the Commission's legal 
authority to manage spectrum and conduct auctions in the public 
interest than the ACA Connects Coalition proposal. Section 309(j) of 
the Act requires that all proceeds from the use of a competitive 
bidding system must be deposited in the U.S. Treasury. The ACA Connects 
Coalition proposal that the Commission retain a portion of the revenues 
from a traditional forward auction to cover the C-band incumbents' 
relocation costs would therefore violate the provisions of Section 
309(j). There is an exception to this rule where the Commission 
exercises its incentive auction authority to incentivize incumbent 
licensees to relinquish their spectrum usage rights in exchange for a 
share of the auctions proceeds. However, because space station 
operators have non-exclusive rights the full C-band nationwide, an 
incentive auction in this band would fail to satisfy the Section 
309(j)(8)(G) requirement that at least two competing licensees must 
participate in the reverse auction. The Commission therefore finds that 
the ACA Connects Coalition proposal would be an unlawful exercise of 
the Commission's incentive auction authority.
1. Allocation of the 3.7-4.2 GHz Band
    43. The Commission adopts rules to add a primary non-Federal 
mobile, except aeronautical mobile, allocation to the 3.7-4.0 GHz band 
nationwide. In the United States, that band currently has exclusive 
non-Federal allocations for FSS and Fixed Service. In addition, the 
International Table of Frequency Allocations also has a mobile 
allocation worldwide in the band, with the limitation that in the 
Americas, Southeast Asia, Australia, and New Zealand, the mobile 
allocation excludes aeronautical mobile.
    44. As the Commission noted in the NPRM, Section 303(y) provides 
the Commission with authority to provide for flexibility of use if: 
``(1) Such use is consistent with international agreements to which the 
United States is a party; and (2) the Commission finds, after notice 
and opportunity for public comment, that (A) such an allocation would 
be in the public interest; (B) such use would not deter investment in 
communications services and systems, or technology development; and (C) 
such use would not result in harmful interference among users.'' 
Adopting a primary non-Federal mobile, except aeronautical mobile, 
allocation to the 3.7-4.0 GHz band and revising the FSS allocation 
within the contiguous United States will foster more efficient and 
intensive use of mid-band spectrum to facilitate and incentivize 
investment in next generation wireless services. Mid-band spectrum is 
important for next generation wireless broadband service due to its 
favorable propagation and capacity characteristics. Allocating the 3.7-
4.0 GHz band nationwide for mobile services also meets the Commission's 
mandate under the MOBILE NOW Act to identify spectrum for mobile and 
fixed wireless broadband use. In addition, adopting this allocation 
will harmonize the Commission's allocations for the 3.7-4.0 GHz band 
with international allocations. Adding a primary mobile service 
allocation will provide the ability to make as much mid-band spectrum 
available as possible, which will help to ensure the nation's success 
in deploying the next generation of wireless services. Finally, because 
we adopt rules designating 3.98-4.0 GHz as a guard band and requiring 
FSS and Fixed Service licensees to transition their services to the 
upper portion of the band and to other bands, respectively, the 
introduction of mobile use will not result in harmful interference 
among users of the 3.7-4.2 GHz band.
    45. The Commission also removes the FSS allocation within the 
contiguous United States in the 3.7-4.0 GHz band. To allow for flexible 
use of the 3.7-3.98 GHz band within the contiguous United States and 
for fixed use outside of the contiguous United States, the Commission 
leaves in place the existing Fixed Service allocation to the 3.7-4.2 
GHz band while sunsetting the existing licenses for point-to-point 
operations within the contiguous United States. Authorizations for FSS 
and Fixed Service operations outside of the contiguous United States 
may continue to operate in the entire 3.7-4.2 GHz band. The Commission 
excludes locations outside of the contiguous United States from the 
public auction and relocation. Locations outside of the contiguous 
United States have a greater need for C-band services, particularly for 
the provision of services necessary for the protection of life and 
property--including telehealth, E911, and education services. The 
Commission agrees that Alaska, Hawaii, and the U.S. territories should 
be excluded from any reallocation and repurposing to terrestrial use 
because C-band service is often the only option available to reach 
remote villages to provide basic telephone service, E911, and broadband 
service used to support applications such as telehealth and distance 
learning. As a result, we believe it is appropriate to retain the FSS 
allocation across the 3.7-4.2 GHz band outside the contiguous United 
States.
    46. The Commission also modifies footnote NG457A which describes 
the status of earth stations on vessels in 3.7-4.2 GHz to be consistent 
with its new band plan. NG457A will now provide that incumbent 
licensees may continue to provide service to earth stations on vessels 
on an unprotected basis vis-[agrave]-vis both fixed service operations 
and the new mobile services. In addition, NG457A will now limit the 
band where ESVs may be coordinated for up to 180 days to 4.0-4.2 GHz 
rather than 3.7-4.2 GHz as in the existing footnote because FSS will no 
longer have primary status below 4 GHz. These changes are necessary 
because of the addition of mobile services and the deletion of FSS in 
the 3.7-4.0 GHz band. While these changes to NG457A were not 
specifically proposed in the NRPM, they logically follow from the 
allocation changes that were proposed because earth stations on vessels 
are an application of the FSS and we proposed to remove FSS from some 
or all of the band in the NPRM.
    47. The Commission's plan will ensure that content that FSS now 
delivers to incumbent earth stations will continue uninterrupted as an 
essential element of the transition mechanism. Although the Commission 
allocates the 3.98-4.0 GHz band to mobile services, except 
aeronautical, for flexible use, the Commission declines at this time to 
establish service rules for that band. Instead, it will function as a 
guard band to protect earth station registrants from harmful 
interference both during and after the transition. The Commission also 
declines to add a mobile allocation to the 4.0-4.2 GHz band reserved 
for primary FSS use at this time, as doing so could undermine 
investment in content distribution. Figures 1 and 2

[[Page 22812]]

below demonstrate the post-transition allocation and uses of the band 
in the contiguous United States and in the rest of the United States, 
respectively.
[GRAPHIC] [TIFF OMITTED] TR23AP20.000

[GRAPHIC] [TIFF OMITTED] TR23AP20.001

2. Competitive Bidding Rules
    48. The Communications Act requires that the Commission resolve any 
mutually exclusive applications for new flexible-use licenses in this 
band through a system of competitive bidding. In the NPRM, the 
Commission sought comment on our proposal to conduct any auction for 
licenses in this band in conformity with the general competitive 
bidding rules set forth in part 1, subpart Q, of the Commission's 
rules. The Commission specifically proposed to employ part 1 rules 
governing competitive bidding design, application and certification 
procedures, reporting requirements, the prohibition on certain 
communications regarding the auction, and designated entity preferences 
and unjust enrichment. These competitive bidding rules provide a 
framework for the auction process. More detailed, auction-specific 
procedures will be addressed in the separate pre-auction process.
    49. Given the record and the Commission's experience in 
successfully conducting auctions pursuant to the part 1 rules, the 
Commission adopts its proposal to employ those rules when developing 
the auction for new licenses in this band. Should the Commission 
subsequently modify its general competitive bidding rules, the 
modifications would apply as well.
    50. We note that Section 647 of the Open-market Reorganization for 
the Betterment of International Telecommunications Act (ORBIT Act) 
prohibits the Commission from assigning by competitive bidding either 
orbital locations or spectrum used for the provision of international 
or global satellite communications services. In the NPRM, the 
Commission tentatively concluded that the ORBIT Act prohibition would 
not apply here, since any auctioned spectrum would be used for a new 
domestic terrestrial service, and the auction mechanisms would not be 
used to assign by competitive bidding orbital locations or spectrum 
used for the provision of international or global satellite 
communications services.
    51. The Commission affirms its tentative conclusion. Based on the 
record and consistent with precedent on this issue, the Commission 
finds that Section 647 of the ORBIT Act does not prohibit it from 
assigning terrestrial licenses in this band through a system of 
competitive bidding.
a. Designated Entity Provisions
    52. In the NPRM, the Commission sought comment on a proposal for 
bidding credits to be offered to designated entities when conducting an 
auction of new licenses in this band. In authorizing the Commission to 
use competitive bidding, Congress mandated that the Commission ``ensure 
that small businesses, rural telephone companies, and businesses owned 
by members of minority groups and women are given the opportunity to 
participate in the provision of spectrum-based services.'' Based on the 
its prior experience with the use of bidding credits in spectrum 
auctions, the Commission finds that using bidding credits is an 
effective tool to achieve the statutory objective of promoting 
participation of designated entities in the provision of spectrum-based 
service.
    53. Small Businesses.--One way the Commission fulfills this mandate 
is through the award of bidding credits to small businesses. In the 
Competitive Bidding Second Memorandum Opinion and Order, the Commission 
stated that it would define eligibility requirements for small 
businesses on a service-specific basis, taking into account the capital 
requirements and other characteristics of each particular service in 
establishing the appropriate threshold. Further, in the Part 1 Third 
Report and Order and the more recent Competitive Bidding Update Report 
and Order (81 FR 43523, July 5, 2016), the Commission, while 
standardizing many auction rules, determined that it would continue a 
service-by-service approach to defining small businesses. In the NPRM, 
the Commission sought comment on whether to adopt bidding credits for 
the two larger designated entity business sizes provided in the part 1 
rules.
    54. In adopting competitive bidding rules for other spectrum bands 
that will

[[Page 22813]]

be used as part of 5G services, the Commission included provisions for 
designated entities to promote opportunities for small businesses, 
rural telephone companies, and businesses owned by members of minority 
groups and women to participate in the provision of spectrum-based 
services. For example, the Commission adopted two small business 
definitions for the auction of licenses in the Upper Microwave Flexible 
Use Service (39 GHz band). These two small business definitions are the 
highest two of three thresholds in the Commission's standardized 
schedule of bidding credits.
    55. The Commission adopts its proposal to apply the two small 
business definitions with higher gross revenues thresholds to auctions 
of overlay licenses in the 3.7-3.98 GHz band. Accordingly, an entity 
with average annual gross revenues for the relevant preceding period 
not exceeding $55 million will qualify as a ``small business,'' while 
an entity with average annual gross revenues for the relevant preceding 
period not exceeding $20 million will qualify as a ``very small 
business.'' Since their adoption in 2015, the Commission has used these 
gross revenue thresholds in auctions for licenses likely to be used to 
provide 5G services in a variety of bands. The results in these 
auctions indicate that these gross revenue thresholds have provided an 
opportunity for bidders claiming eligibility as small businesses to win 
licenses to provide spectrum-based services at auction. These 
thresholds do not appear to be overly inclusive as a substantial number 
of qualified bidders in these auctions do not come within the 
thresholds. This helps preclude designated entity benefits from flowing 
to entities for which such credits are not necessary.
    56. The Commission also adopts its proposal to provide qualifying 
``small businesses'' with a bidding credit of 15% and qualifying ``very 
small businesses'' with a bidding credit of 25%, consistent with the 
standardized schedule in part 1 of the Commission's rules. This 
proposal was modeled on the small business size standards and 
associated bidding credits that the Commission adopted for a range of 
other services. The Commission believes that this two-tiered approach 
has been successful in the past, and it will employ it once again. The 
Commission believes that use of the small business tiers and associated 
bidding credits set forth in the part 1 bidding credit schedule will 
provide consistency and predictability for small businesses. No 
commenter provides any alternative or reason why the bidding credit 
thresholds or small business definitions that the Commission adopts 
would not work in this service.
    57. Rural Service Providers.--In the NPRM, the Commission also 
sought comment on a proposal to offer a bidding credit for rural 
service providers. The rural service provider bidding credit awards a 
15% bidding credit to those that service predominantly rural areas and 
that have fewer than 250,000 combined wireless, wireline, broadband and 
cable subscribers. As a general matter, the Commission ``has made 
closing the digital divide between Americans with, and without, access 
to modern broadband networks its top priority . . . [and is] committed 
to ensuring that all Americans, including those in rural areas, Tribal 
lands, and disaster-affected areas, have the benefits of a high-speed 
broadband connection.''
    58. The Commission finds that a targeted bidding credit will better 
enable entities already providing rural service to compete for spectrum 
licenses at auction and in doing so, will increase the availability of 
5G service in rural areas. Accordingly, the Commission will apply the 
rural service provider bidding credit to auctioning new licenses in 
this band.
3. Licensing and Operating Rules
    59. Building on its previous experience introducing mobile service 
in bands shared with fixed terrestrial and FSS users, the Commission 
adopts rules to license new mobile operations under its part 27 rules, 
with modifications to tailor certain rules to the specific 
characteristics of C-band spectrum. The Commission adopts licensing and 
operating rules that afford licensees the flexibility to align licenses 
in the 3.7-3.98 GHz band with licenses in other spectrum bands governed 
by part 27 of the Commission's rules and other flexible-use services. 
Specifically, finding no opposition in the record, the Commission 
adopts rules requiring 3.7 GHz Service licensees in the 3.7-3.98 GHz 
band to comply with licensing and operating rules that are applicable 
to all part 27 services, including flexible use, regulatory status, 
foreign ownership reporting, compliance with construction requirements, 
renewal criteria, permanent discontinuance of operations, partitioning 
and disaggregation, and spectrum leasing. In addition, the Commission 
adopts service-specific rules for the 3.7-3.98 GHz band, including 
eligibility, mobile spectrum holdings policies, license term, 
performance requirements, renewal term construction obligations, and 
other licensing and operating rules to be included in part 27.
a. Band Plan
    60. Block Size.--The Commission will designate the lower 280 
megahertz of C-band spectrum in 100 megahertz increments as the A and B 
Blocks and in an 80-megahertz increment as C Block. The Commission will 
issue licenses in the A, B, and C Blocks in 20 megahertz ``sub-
blocks.'' Specifically, the A Block (3.7-3.8 GHz), B Block: (3.8-3.9 
GHz), and C Block (3.9-3.98 GHz) will be licensed according to the 
following channel plan:
[GRAPHIC] [TIFF OMITTED] TR23AP20.002

    61. In the NPRM, the Commission sought comment on whether 20 
megahertz blocks would be appropriate for the wireless technologies 
that are likely to be deployed in this band. The Commission sought 
comment on the appropriate block size that would accommodate a wide 
range of terrestrial wireless services, while also providing sufficient 
bandwidth to support 5G services. Commenters support relatively smaller 
sized sub-blocks with the

[[Page 22814]]

potential to aggregate to larger sizes of 60 to 160 megahertz.
    62. The Commission finds that 100 megahertz blocks, with 20 
megahertz sub-blocks, will provide sufficient flexibility for 
interested bidders to tailor their decisions based on the anticipated 
clearing costs and accelerated relocation payment obligations 
associated with a particular amount of spectrum or geographic license 
area. For carrier frequencies below 6 GHz, 3GPP has specified thirteen 
possible channel bandwidths for 5G deployments as follows: 5, 10, 15, 
20, 25, 30, 40, 50, 60, 70, 80, 90, and 100 megahertz. To facilitate 
operation of 100 megahertz bandwidth 5G channels, the Commission 
implements and defines the uniform block size of 100 megahertz that 
would run across the entire band from 3.7-4.0 GHz. By allowing new 
flexible-use licensees to acquire full 100-megahertz blocks, the 
Commission will ensure that C-band spectrum is licensed in sufficiently 
wide bandwidths to enable 5G deployments. The inclusion of 20 megahertz 
sub-blocks provides sufficient flexibility for manufacturers and 
licensees to tailor application of the band to suit future needs, 
especially when considering that LTE can be made to coexist within or 
adjacent to 5G operations. A number of commenters support a Commission 
auction of this spectrum in 20 megahertz blocks. Because it finds that 
20 megahertz sub-blocks provide sufficient flexibility, the Commission 
finds it unnecessary to divide the blocks even smaller into 10 
megahertz sub-blocks, as some commenters have proposed.
    63. Spectrum Block Configuration.--The Commission adopts rules to 
license the A, B, and C 20 megahertz sub-blocks of C-band spectrum in 
an unpaired spectrum block configuration because there is wide support 
in the record for this approach, and it will enhance the flexible and 
efficient use of the band for next-generation services and other 
advance spectrum-based services. In contrast to a paired channel 
configuration that assumes frequency division duplex operations, an 
unpaired spectrum configuration is technology neutral, i.e., enables 
time division duplex operations, which has become increasingly 
prevalent in deployments of digital broadband networks. In light of 
these considerations, the Commission concludes that an unpaired 
spectrum block configuration will provide licensees the flexibility 
necessary to increase the capacity of their networks and make the most 
efficient use of C-band spectrum.
    64. Use of Geographic Licensing.--Consistent with its approach in 
several other bands used to provide fixed and mobile services, the 
Commission finds that it is in the public interest to license the A, B, 
and C Blocks in 20 megahertz sub-blocks on an exclusive, geographic 
area basis. Geographic area licensing provides flexibility to 
licensees, promotes efficient spectrum use, and helps facilitate rapid 
assignment of licenses, using competitive bidding when necessary. There 
is wide support in the record for licensing C-band flexible-use 
spectrum on an exclusive, geographic basis, and the Commission finds 
that such an approach will give certainty to licensees and provide the 
efficiencies of scale and scope that drive innovation, investment, and 
rapid deployment of next generation services.
    65. Geographic License Area.--The Commission adopts PEAs as the 
geographic license area for new 3.7 GHz Service licenses and divide 
those licenses into 20 megahertz sub-blocks within the A, B, and C 
Blocks; the Commission finds that this license-area size best optimizes 
and balances our statutory and regulatory objectives in licensing 
spectrum. In determining the appropriate geographic license area size, 
the Commission must consider 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, including those in rural 
areas and Tribal lands; and (4) promoting investment in and rapid 
deployment of new technologies and services. In the NPRM, the 
Commission sought comment on using PEAs, as well as on licensing on a 
county, nationwide, or other basis.
    66. The Commission finds that licensing on a PEA basis strikes the 
appropriate balance between being sufficiently large to facilitate 
wide-area deployments of 5G, while also being sufficiently small to 
ensure that small and regional carriers are able to compete for new 3.7 
GHz Service licenses. PEAs offer a compromise between EAs, on the one 
hand, and CMAs or counties, on the other hand, because they are smaller 
than EAs and serve to separate rural from urban markets to a greater 
degree than EAs do (given that EAs often include both rural and urban 
markets), yet PEAs are also subdivisions that ``nest'' within EAs and 
can easily be aggregated to larger areas such as EAs, Major Economic 
Areas, and Regional Economic Areas. As a result, licensing new 3.7 GHz 
Service licenses on a PEA basis in the contiguous United States will 
encourage entry by providers that contemplate offering wireless 
broadband service on a localized basis, yet at the same time will not 
preclude carriers that plan to provide service on a much larger 
geographic scale. PEAs therefore will encourage auction participation 
by a diverse group of buyers and will generate competition between 
large, regional, and small carriers across various geographic areas, 
while also minimizing the difficult coordination and border issues that 
might arise from smaller license areas. The Commission agrees with 
commenters that recommend excluding areas outside of the contiguous 
United States from the transition and will not issue licenses in those 
PEAs.
    67. In summary, for Blocks A, B, and C, the Commission will issue 
3.7 GHz Service licenses on a PEA basis for 20 megahertz sub-blocks in 
the contiguous states and the District of Columbia (PEAs 1-41, 43-211, 
213-263, 265-297, 299-359, and 361-411). The Commission will not issue 
flexible-use licenses for Honolulu, Anchorage, Kodiak, Fairbanks, 
Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin 
Islands, American Samoa, and the Gulf of Mexico (PEAs numbers 42, 212, 
264, 298, 360, 412-416).
b. Application Requirements & Eligibility
    68. Licensees in the A, B, and C blocks must comply with the 
Commission's general application requirements. Further, the Commission 
adopts an open eligibility standard for licenses in the A, B, and C 
Blocks. The Commission has determined that eligibility restrictions on 
licenses may be imposed only when open eligibility would pose a 
significant likelihood of substantial harm to competition in specific 
markets and when an eligibility restriction would be effective in 
eliminating that harm.
    69. The Commission agrees that the record in this proceeding does 
not demonstrate a compelling need for regulatory intervention to 
exclude potential participants. The Commission finds that adopting an 
open eligibility standard appropriately relies on market forces and 
will encourage efforts to develop new technologies, products, and 
services, while helping to ensure efficient use of this spectrum. 
Generally applicable qualifications that may apply under the 
Commission's rules, including those relating to citizenship and 
character, apply to any and all licenses issued for flexible use of 
this spectrum, and any person who has been, for reasons of national 
security, barred by any agency of the Federal Government from bidding 
on a contract,

[[Page 22815]]

participating in an auction, or receiving a grant is ineligible.
c. Mobile Spectrum Holdings
    70. The Commission does not impose a pre-auction bright-line limit 
on acquisitions of the 3.7-3.98 GHz band. Instead, it will incorporate 
into the spectrum screen the 280 megahertz of spectrum that we make 
available in the 3.7-3.98 GHz band. The Commission will also perform 
case-by-case review of the long-form license applications filed as a 
result of the auction.
    71. In the NPRM, the Commission sought comment on whether and how 
to address mobile spectrum holdings issues to meet its statutory 
requirements and ensure competitive access in the 3.7-4.2 GHz band, 
including whether to include the 3.7-4.2 GHz band in the spectrum 
screen for secondary market transactions. The Commission proposed not 
to adopt a pre-auction bright-line limit on a party's ability to 
acquire spectrum in the 3.7-4.2 GHz band in a public auction. The 
Commission also asked whether to apply a post-auction case-by-case 
review of holdings when applications for initial licenses are filed and 
whether to limit the amount of spectrum one party can acquire through a 
market-based mechanism.
    72. Similar to its approach in the 2017 Spectrum Frontiers Order 
and FNPRM (83 FR 37, Jan. 2, 2018; 83 FR 85, Jan. 2, 2018) and the 2018 
Spectrum Frontiers Order and FNPRM (83 FR 34478, July 20, 2018), the 
Commission finds that, ``[g]enerally, bright-line, pre-auction limits 
may restrict unnecessarily the ability of entities to participate in 
and acquire spectrum in an auction, and we are not inclined to adopt 
such limits on auction participation absent a clear indication that 
they are necessary to address a specific competitive concern.''
    73. The Commission agrees with commenters that an in-band spectrum 
aggregation limit is unnecessary for this band. Commenters requesting 
an in-band limit raise only general concerns regarding the need to 
prevent a few dominant carriers from obtaining an excessive 
concentration of this spectrum and to ensure smaller carriers have a 
fair opportunity to obtain the spectrum. But limiting the amount of 
3.7-3.98 GHz band spectrum that one party can acquire, as these 
commenters request, could unnecessarily restrict providers' ability to 
participate in the auction and acquire spectrum in this band. This 
ultimately could ``constrain providers in their paths towards 5G 
deployment,'' limit providers' ``incentives to invest'' in the band, 
and ``delay the realization of related economic benefits.'' Further, 
``a variety of spectral paths to 5G deployment in the United States'' 
exist, including the additional opportunities for access to spectrum 
through our recent actions to remove restrictions on the 2.5 GHz band, 
to make the 3.5 GHz band available for priority access licenses, and to 
make millimeter-wave spectrum available through auction. Because the 
Commission's ``balancing of objectives'' has ``shift[ed] towards 
facilitating rapid 5G deployment in the United States,'' and because 
commenters have not pointed to ``a clear indication'' that in-band 
limits ``are necessary to address a specific competitive concern,'' the 
Commission finds it unnecessary to impose an in-band limit on the 3.7-
3.98 GHz band. Instead, the Commission finds that a case-by-case review 
of acquisitions of 3.7-3.98 GHz band spectrum will allow the Commission 
to review spectrum aggregation on market competition without 
unnecessarily restricting entities from acquiring spectrum to deploy 5G 
services.
    74. The Commission will include the A, B, and C Blocks of the 3.7-
3.98 GHz band in the screen for secondary market transactions because 
the spectrum will become ``suitable and available in the near term for 
the provision of mobile telephony/broadband services.'' The relevant 
product market for the screen incorporates both mobile voice and data 
services, including services provided over advanced broadband wireless 
networks--particularly emerging, next generation wireless services. The 
Commission adopts flexible-use rules here to enable terrestrial mobile 
use for 5G deployment. Accordingly, it is appropriate to incorporate 
this band into the screen for mobile telephony/broadband services.
    75. The Commission will add the 280 megahertz to the spectrum 
screen once the auction closes. While winners of the auction must clear 
incumbents from the band following the auction, the Commission finds it 
is ``fairly certain'' that the auctioned spectrum ``will meet the 
criteria for suitable spectrum in the near term'' once the auction 
closes, given the Commission's transition plan. This is consistent with 
its approach for the 600 MHz band (where the Commission found that the 
spectrum was available following the Broadcast Incentive Auction, even 
though incumbents had to be moved) and the 700 MHz band (where the 
Commission found that the spectrum was available a year and a half 
before the spectrum would be cleared by incumbents).
    76. Finally, the Commission will perform case-by-case review of the 
long form applications of the 3.7-3.98 GHz spectrum following the 
auction. The Commission will use the same case-by-case review as it 
does for secondary market transactions, updated to account for the 
additional 3.7-3.98 GHz spectrum. As the Commission has explained, 
case-by-case review ``permits bidders to participate fully'' in 
acquiring the spectrum, ``while still allowing the Commission to assess 
the impact on competition from the assignment of initial . . . 
licenses, and to take appropriate action to preserve or protect 
competition only where necessary.'' As it has done in other bands made 
available for flexible use, the Commission will apply the standard 
articulated in the 2008 Union Telephone Order. This review will create 
sufficient bidder certainty for the auction, consistent with Section 
309(j)(3)(E).
d. License Term
    77. The Commission finds that a 15-year license term will provide 
sufficient time to encourage investment in the 3.7-3.98 GHz band given 
the clearing, relocation, and repacking that must occur prior to mobile 
operations. In the NPRM, the Commission proposed a 15-year license term 
for this very reason, suggesting that 15 years would afford licensees 
sufficient time to achieve significant buildout obligations post-
transition. Many commenters agree that a longer term is warranted where 
time-consuming activities are needed to ready the spectrum for mobile 
use, and several argue that 15 years will promote the provision of 
innovative services and applications.
    78. The Commission agrees and concludes that a 15-year license term 
for the A, B, and C Blocks best serves the public interest by providing 
the time needed for significant investment that ultimately will usher 
in valuable services to consumers.
e. Performance Requirements; Renewal
    79. The Commission recognizes the critical role that performance 
requirements play in ensuring that licensed spectrum does not lie 
fallow. The performance requirements the Commission adopts for the 3.7-
3.98 GHz band take into account the unique characteristics of this 
band, but also will ensure that licensees begin providing service to 
consumers in a timely manner by relying on specific quantifiable 
benchmarks. To support a variety of different use cases in this 
spectrum, the Commission adopts below specific metrics for mobile/
point-to-multipoint, fixed, and IoT services in the A, B, and C Blocks, 
consistent with its proposal in the NPRM.

[[Page 22816]]

    80. Mobile or Point-to-Multipoint Performance Requirements.--The 
Commission concludes that licensees in the A, B, and C Blocks offering 
mobile or point-to-multipoint services must provide reliable signal 
coverage and offer service to at least 45% of the population in each of 
their license areas within eight years of the license issue date (first 
performance benchmark), and to at least 80% of the population in each 
of their license areas within 12 years from the license issue date 
(second performance benchmark). These population benchmarks are 
slightly more aggressive than those for other flexible-use services 
under part 27. Given the critical role of mid-band spectrum in today's 
spectral environment, the Commission finds that this approach is 
warranted.
    81. Commenters generally support performance requirements to 
prevent warehousing of this valuable spectrum, but some object that 
these benchmarks are more stringent than for other part 27 services in 
lower frequency bands that have better propagation characteristics, 
e.g., BRS, H Block, AWS-3, AWS-4, 600 MHz, and 700 MHz Upper C Band, 
that have better propagation characteristics than the 3.7-3.98 GHz 
band.
    82. In the NPRM, the Commission proposed that the deadline for the 
first performance benchmark would be six years from the license issue 
date. However, consistent with the rules the Commission adopts for the 
transition of existing space station and earth station operations to 
the upper 200 megahertz of the band, new flexible-use licensees may not 
commence operations until the necessary clearing has been completed and 
the flexible-use licensee has complied with all obligations to provide 
reimbursement for relocation costs and any additional accelerated 
relocation payments have been made. The Commission anticipates that 
flexible-use licensees will begin deploying their systems and 
constructing their networks while incumbents are still transitioning 
out of the 3.7-3.98 GHz band so that flexible-use licensees are able to 
commence operations soon after incumbent clearing is complete. 
Nevertheless, given the potential length of that transition, the 
Commission finds that a six-year initial benchmark may not be 
reasonable. The Commission therefore finds it appropriate to adjust its 
proposed deadline for the first performance benchmark to eight years 
from the license issue date, in order to provide licensees additional 
time to deploy once the license area has been cleared of FSS use.
    83. The Commission believes that 12 years will provide sufficient 
time for A, B, and C Block licensees, relying on mobile or point-to-
multipoint service in accordance with our part 27 rules, to meet the 
proposed coverage requirements. Given the expected desirability of mid-
band spectrum for the provision of innovative 5G services that promote 
American competitiveness, the performance benchmarks the Commission 
adopts are not unduly burdensome because it expects that the market 
will drive deployment beyond these Commission's benchmarks. The 
Commission anticipates that after satisfying the 12-year second 
performance benchmark, a licensee will continue to provide reliable 
signal coverage, or point-to-point links, as applicable, and offer 
service at or above that level for the remaining three years in the 15-
year license term prior to renewal. The Commission, therefore, declines 
to set the second performance benchmark at the end of the license term, 
as some commenters proposed. Establishing benchmarks before the end of 
the license term will ensure continuity of service over the license 
term, which is essential to the Commission's evaluation under its 
renewal standards. We note that our Wireless Radio Services Renewal 
requirements include safe harbor certifications, in lieu of a detailed 
renewal showing, for qualified licensees.
    84. Alternate IoT Performance Requirements.--The Commission 
recognized in the NPRM that 3.7-3.98 GHz licenses have flexibility to 
provide services potentially less suited to a population coverage 
metric. Therefore, the Commission sought comment on an alternative 
performance benchmark metric for licensees providing IoT-type fixed and 
mobile services. Based on the record evidence, the Commission will 
provide licensees in the A, B, and C Blocks the flexibility to 
demonstrate that they offer geographic area coverage of 35% of the 
license area at the first (eight-year) performance benchmark, and 
geographic area coverage of 65% of the license area at the second (12-
year) performance benchmark. The Commission finds that the 
aforementioned levels of geographic coverage maintain reasonable parity 
between the requirements in these IoT-focused metrics and the 
requirements for mobile providers relying on population-based coverage 
metrics. This framework is intended to provide enough certainty to 
licensees to encourage investment and deployment in these bands as soon 
as possible, while retaining enough flexibility to accommodate both 
traditional services and innovative services or deployment patterns.
    85. A performance metric based on geographic area coverage (or 
presence) will allow for networks that provide meaningful service but 
deploy along lines other than residential population. This definition 
separates ``traditional'' point-to-point links from the sensor and 
device connections that likely will be part of new IoT networks in 
these bands and applies to a network of fixed sensors or smart devices 
operating at low power over short distances. Although the Commission 
adopts an additional metric in order to facilitate the deployment of 
IoT and other innovative services, there is no requirement that a 
licensee build a particular type of network or provide a particular 
type of service in order to use whatever metric it selects to 
demonstrate that it met its performance requirement.
    86. Fixed Point-to-Point Under Flexible Use.--Recognizing that its 
part 27 flexible-use policies enable licensees to potentially offer a 
variety of different services in the 3.7-3.98 GHz band, the Commission 
sought comment in the NPRM on performance metrics for licensees 
offering point-to-point service in the band. For licensees providing 
fixed, point-to-point links, the Commission generally has evaluated 
buildout by comparing the number of links in operation to the 
population of the license area.
    87. The Commission adopts performance metrics using this framework, 
as proposed in the NPRM. Specifically, the Commission adopts a 
requirement that part 27 geographic area licensees providing Fixed 
Service in the A, B, and C Blocks band must demonstrate within eight 
years of the license issue date (first performance benchmark) that they 
have four links operating and providing service, either to customers or 
for internal use, if the population within the license area is equal to 
or less than 268,000. If the population within the license area is 
greater than 268,000, the Commission requires a licensee relying on 
point-to-point service to demonstrate it has at least one link in 
operation and providing service, either to customers or for internal 
use, per every 67,000 persons within a license area. The Commission 
requires licensees relying on point-to-point service to demonstrate 
within 12 years of the license issue date (final performance benchmark) 
that they have eight links operating and providing service, either to 
customers or for internal use, if the population within the license 
area is equal to or less than 268,000. If the population within the

[[Page 22817]]

license area is greater than 268,000, the Commission requires a 
licensee relying on point-to-point service to demonstrate it is 
providing service and has at least two links in operation per every 
67,000 persons within a license area.
    88. These standards are generally similar to the standards the 
Commission established for fixed point-to-point services in the 2.3 GHz 
band and several Spectrum Frontiers bands. In the NPRM, the Commission 
also asked whether to require point-to-point links to operate with a 
transmit power greater than +43 dBm in order to be eligible to be 
counted under the point-to-point buildout standard. The Commission 
observed that for the UMFUS bands, the 43 dBm minimum power requirement 
is intended to separate traditional point-to-point links from the 
sensor and device connections anticipated to be part of new Internet of 
Things networks in those bands. The Commission received no comment on 
this issue. Based on the record, including the different propagation 
characteristics of the 3.7-3.98 GHz band, the Commission find that its 
approach in the Spectrum Frontiers proceeding does not support adoption 
of a similar rule for the 3.7-3.98 GHz band. Links in the 3.7-3.98 GHz 
band, however, must be part of a network that is actually providing 
service, whether to unaffiliated customers or for private, internal 
uses, and all links must be present and operational in accordance with 
our discontinuance and renewal rules. As with the mobile performance 
milestone, the size of the population will be calculated over the 
entire license area.
    89. Penalty for Failure To Meet Performance Requirements.--Along 
with performance benchmarks, the Commission adopts meaningful and 
enforceable penalties for failing to ensure timely build-out. 
Specifically, as proposed in the NPRM, the Commission adopts a rule 
requiring that, in the event a licensee in the A, B, or C Block fails 
to meet the first performance benchmark, the licensee's second 
benchmark and license term would be reduced by two years, thereby 
requiring it to meet the second performance benchmark two years sooner 
(at 10 years into the license term) and reducing its license term to 13 
years. Consistent with the approach in many other bands, the Commission 
concludes that, if a licensee fails to meet the second performance 
benchmark for a particular license area, its authorization for each 
license area in which it fails to meet the performance requirement 
shall terminate automatically without Commission action.
    90. This approach will promote prompt buildout and appropriately 
penalize a licensee for not meeting its performance obligations for a 
particular license area. The Commission declines to adopt a ``use-or-
lose'' regime, as suggested by some commenters, under which a licensee 
would lose only those areas within a license area that are not 
developed. The Commission finds that such an approach, which has been 
adopted rarely for other bands, likely would reduce incentives for 
licensees to build out to the less populated areas covered by their 
license, and would be less effective in ensuring use of the spectrum. 
In addition, in the event a licensee's authority to operate terminates, 
the licensee's spectrum rights would become available for reassignment 
pursuant to the competitive bidding provisions of Section 309(j) and 
any licensee who forfeits its license for failure to meet its 
performance requirements would be precluded from regaining the license.
    91. Compliance Procedures.--In addition to compliance procedures 
applicable to all part 27 licensees, including the filing of electronic 
coverage maps and supporting documentation, the Commission adopts a 
rule requiring that such electronic coverage maps must accurately 
depict both the boundaries of each licensed area and the coverage 
boundaries of the actual areas to which the licensee provides service. 
Although the Commission sought comment on additional compliance 
procedures in the NPRM, only a small number of commenters addressed 
this issue.
    92. As proposed in the NPRM, the rule the Commission is adopting 
requires measurements of populations served on areas no larger than the 
Census Tract level so a licensee deploying small cells has the option 
to measure its coverage using a smaller acceptable identifier such as a 
Census Block. The Commission finds that such procedures will confirm 
that the spectrum is being used consistent with the performance 
requirements. If a licensee does not provide reliable signal coverage 
to an entire license area, the licensee must provide a map that 
accurately depicts the boundaries of the area or areas within each 
license area not being served. Each licensee also must file supporting 
documentation certifying 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. 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. The Commission will adopt conforming 
amendments to part 27 to include these requirements. The Commission 
directs the Wireless Telecommunications Bureau to specify the format of 
submissions, consistent with these determinations.
    93. License Renewal.--As proposed in the NPRM, the Commission will 
apply the general renewal requirements applicable to all Wireless Radio 
Services licensees to 3.7-3.98 GHz band licensees in the A, B, and C 
Blocks. This approach will promote consistency across services.
    94. Renewal Term Construction Obligation.--In addition to, and 
independent of, these general renewal provisions, the Commission finds 
that any additional renewal term construction obligations adopted in 
the Wireless Radio Services Renewal Reform proceeding would apply to 
licenses in the A, B, and C Blocks of the 3.7-3.98 GHz band.
    95. In the NPRM, the Commission noted that the Wireless Radio 
Services Renewal Reform FNPRM (82 FR 41580, Sept. 1, 2017) sought 
comment on various renewal term construction obligations such as 
incremental increases in the construction metric in each subsequent 
renewal term. The Commission also noted that the Wireless Radio 
Services Renewal Reform FNPRM proposed to apply any rules adopted in 
that proceeding to all flexible geographic licenses. Commenters 
generally support the Commission's adopting renewal term construction 
obligations for the 3.7-3.98 GHz band in the context of the Wireless 
Radio Services Renewal Reform proceeding, as its decision ensures 
consistency across services.
    96. The Commission finds that applying any additional renewal term 
construction obligations adopted in the Wireless Radio Services Renewal 
Reform proceeding to licenses in the A, B, and C Blocks will encourage 
robust deployment and maintain consistency across flexible geographic 
licensees.

B. The Transition of FSS Operations

    97. For a successful public auction of overlay licenses in the 3.7-
3.98 GHz band, bidders need to know before an auction commences when 
they will get access to that currently occupied spectrum as well as the 
costs they will incur as a condition of their overlay license. In this 
section, the Commission addresses precisely those questions while also 
setting forth a transition path that ensures that incumbent FSS users 
will continue to receive the content they

[[Page 22818]]

do today both during and after the transition.
    98. That transition of FSS operations relies on the Commission's 
Emerging Technologies framework, a framework the Commission has relied 
on since the early 1990s to facilitate the swift transition of spectrum 
from one use to another. In short, the framework allows for new 
licensees to incentivize a swift transition while requiring those 
licensees to hold incumbents harmless during the transition. 
Specifically, the Commission requires overlay licensees to pay for the 
reasonable relocation costs of incumbent space station and incumbent 
earth station operators who are required to clear the lower 300 
megahertz of the C-band spectrum in the contiguous United States.
    99. To effectuate that process, the Commission takes several steps. 
First, the Commission defines the class of incumbent earth stations and 
incumbent space stations to make clear what FSS entities it expects to 
take part in the transition (and what entities may be eligible for 
relocation payments). Second, the Commission lays out its legal 
authority to carry out the transition as well as the effect of that 
transition on future operations in the C-band. Third, the Commission 
sets a deadline for clearing the band by 2025 while offering incumbent 
space station operators the option to accelerate that process to 2021 
for the lower 120 megahertz and 2023 for the upper 180 megahertz. 
Fourth, the Commission sets forth the relocation payments we expect 
incumbent operators to receive and how to apportion such payments among 
overlay licensees. Fifth, the Commission establishes a neutral, third-
party clearinghouse to manage collection and distribution of relocation 
payments. Sixth, the Commission describes the logistics of 
transitioning FSS operations out of the lower 300 megahertz of the C-
band spectrum. Finally, the Commission addresses additional issues 
related to the FSS transition, including the maintenance of IBFS data 
and revisions to the coordination policy for FSS and Fixed Services. 
The Commission finds that these rules will best promote the rapid and 
effective transition of incumbent FSS operations out of the portion of 
C-band spectrum to be made available for public auction.
1. Incumbent FSS Operations
    100. In this section, the Commission defines the class of incumbent 
FSS space stations and earth stations that must be accommodated during 
the transition and reimbursed for their relocation costs. The 
Commission finds that its definition of incumbents effectively captures 
existing C-band FSS users that will need to be transitioned and 
protected in order to ensure that they are able to continue providing 
and receiving their existing services during and after the transition. 
Commenters generally agree that the Commission should define incumbent 
FSS operations for these purposes.
    101. Incumbent Space Station Operators.--The Commission defines 
``incumbent space station operators'' to include all C-band space 
station operators authorized to provide service to any part of the 
contiguous United States pursuant to an FCC-issued license or grant of 
market access as of June 21, 2018--the date of the International 
Bureau's temporary freeze on certain new space station applications in 
the 3.7-4.2 GHz band. There are eight such operators: ABS, Empresa, 
Eutelsat, Hispasat, Intelsat, SES, Star One, and Telesat.
    102. Incumbent Earth Stations.--The Commission defines ``incumbent 
earth stations'' to be protected from interference from flexible-use 
licensees to include FSS earth stations that: (1) Were operational as 
of April 19, 2018; (2) are licensed or registered (or had a pending 
application for license or registration) in the IBFS database as of 
November 7, 2018; and (3) have timely certified, to the extent required 
by the July 2018 Order adopted in FCC 18-91 (as we clarify below to 
include certain renewal applications and license and registration 
applications filed through November 7, 2018), the accuracy of 
information on file with the Commission.
    103. This definition largely parallels the definition the 
Commission proposed in the NPRM, with a few minor changes. For one, the 
Commission affirms the finding of the International Bureau that 
registrants and licensees that filed applications or modifications 
during the processing window, which effectively updated or confirmed 
their earth station details, are exempt from the separate certification 
requirement. For another, the Commission includes all license and 
registration applications that were filed through November 7, 2018, 
rather than the initial filing window deadline (October 17, 2018) or 
the extended filing deadline (October 31, 2018) due to outages in the 
IBFS filing system around that deadline. Under the approach the 
Commission adopts, the fact that an earth station has not filed an 
exhibit demonstrating coordination with terrestrial Fixed Service 
stations will not disqualify it as an incumbent earth station. For 
earth stations licensed or registered before the processing window, the 
Commission finds that renewal applications, as well as certifications, 
filed by the May 28, 2019 certification deadline, effectively updated 
or confirmed their earth station details. And finally, the Commission 
makes clear that the definition does not include those whose 
authorization terminated by law because the earth station was not 
operational for more than 90 days.
    104. Several commenters, including CCA, Microsoft, Motorola, and 
Verizon, support the Commission's proposed definition of incumbent 
earth stations. The Commission disagrees with commenters who assert the 
definition is too restrictive. Earth station operators have been 
provided ample opportunity to register their earth stations with the 
Commission. In addition to waiving the coordination requirement during 
the freeze filing window, the International Bureau took numerous other 
steps to ease the filing process, including conducting tutorials and 
providing step-by-step filing instructions on the Commission's website 
to assist those unfamiliar with the International Bureau's filing 
system. Moreover, the filing deadline was extended numerous times to 
accommodate filers. Therefore, contrary to the arguments of some 
commenters, the Commission has decided not to open another window for 
the registration of earth stations that existed as of April 19, 2018.
    105. The Commission also declines to adopt the C-Band Alliance's 
suggestion that incumbent earth stations should encompass all earth 
stations identified by the C-Band Alliance. The Commission finds that 
there is a significant public interest in providing a stable, 
comprehensive list of incumbent earth stations that meet the criteria 
described above. The members of the C-Band Alliance and other space 
station operators may, of course, treat unregistered earth stations 
like incumbent earth stations for their own commercial purposes. But 
any such commercial decisions are outside the scope of this proceeding.
    106. The Commission also adopts the proposal in the NPRM that the 
classes of earth stations entitled to protection and transition are 
those registered as fixed or temporary fixed (i.e., transportable) 
earth stations in IBFS. That proposal was supported by the record. The 
Commission did not propose to include other classes of earth stations 
registered in IBFS, such as earth stations on vessels and other 
licensees operating under blanket earth stations, and the record does 
not support the inclusion of any additional classes of earth stations. 
The Commission directs the International Bureau to complete the

[[Page 22819]]

processing of earth station license and registration applications filed 
during the limited freeze filing window.
    107. As the Commission proposed in the NPRM, any receive-only earth 
stations that failed to meet the requirements to be incumbent earth 
stations will be removed from IBFS. In the NPRM, the Commission 
proposed to update IBFS to terminate 3.7-4.2 GHz band earth stations 
licenses or registrations for which the licensee or registrant had not 
timely filed the certification required by the July 2018 Order (to the 
extent it held or applied for a license or registration before April 
19, 2018). Several commenters support such termination, as well as 
eliminating an obligation to protect those stations from harmful 
interference. For the same reasons that the Commission limits incumbent 
earth stations to those that timely filed the required certifications 
or submitted renewal applications by the certification deadline, the 
Commission now directs the International Bureau to terminate 
automatically the registrations of those uncertified receive-only earth 
stations in IBFS, consistent with our treatment of surrendered licenses 
and registrations that no longer authorize operations. The Commission 
proposes to modify the licenses of transmit-receive earth stations that 
failed to submit a certification or submit a renewal application by the 
certification deadline to remove their protection rights in 3.7-4.0 GHz 
and to allow them to continue to receive transmissions on an 
unprotected basis in 4.0-4.2 GHz. These licensed transmit-receive earth 
stations will not be considered eligible earth stations and will not be 
eligible to have their relocation expenses reimbursed, but can adjust 
their reception so as to receive transmissions to the upper 200 
megahertz at their own expense.
2. Clearing the 3.7-4.0 GHz Band of FSS Operations
    108. The Commission next adopts rules to limit FSS operations to 
the 4.0-4.2 GHz band in the contiguous United States. To accomplish 
this goal and make the 3.7-4.0 GHz band available for terrestrial 
wireless use, the Commission uses its authority under Section 316 of 
the Communications Act to modify the existing FSS licenses and market 
access authorizations held by space station operators in the band. The 
Commission finds that such modifications are consistent with its 
statutory authority, supported by judicial and Commission precedent, 
and will serve the public interest. The Commission also revises its 
rules to prohibit new applications for space station licenses and new 
petitions for market access concerning space-to-Earth operations in the 
3.7-4.0 GHz band in the contiguous United States.
    109. Clearing Space Station Operations.--Section 316 of the 
Communications Act vests the Commission with broad authority to modify 
licenses ``if in the judgment of the Commission such action will 
promote the public interest, convenience, and necessity.'' The 
Commission finds that modifying the authorizations of incumbent space 
station operators to clear use of the 3.7-4.0 GHz band (and confine 
their operations in the contiguous United States to the 4.0-4.2 GHz 
band) is within the Commission's statutory authority, consistent with 
prior Commission practice, and will promote the public interest 
convenience, and necessity. The Commission accordingly proposes to 
modify the authorizations of the incumbent space station operations to 
carry out the clearing of this band.
    110. The Commission has long relied on Section 316 to change or 
reduce the frequencies used by a licensed service where it has found 
that doing so would serve the public interest. For example, in the 2002 
MSS Order, the Commission relied on its Section 316 authority to 
relocate the Motient Services, Inc. (Motient) spectrum assignment from 
solely upper L-band frequencies to mostly lower, internationally 
coordinated L-band frequencies and reduce it from 28 to 20 megahertz, 
to enable Motient to construct and operate an economically viable MSS 
system without interfering with maritime distress and safety 
communications. In the DEMS Relocation Order, the Commission, pursuant 
to Section 316, modified licenses to relocate the operations of certain 
Digital Electronic Message Service (DEMS) licensees from the 18 GHz 
band to the 24 GHz band, in order to accommodate Department of Defense 
military systems. Similarly, in the 2004 800 MHz Order (69 FR 67823, 
Nov. 22, 2004), the Commission relied on Section 316 to relocate the 
public safety and other land mobile communications systems operating in 
the 800 MHz band to new spectral locations both within and outside the 
band (including the relocation of a large set of licenses then held by 
Nextel Communications, Inc., to the 1.9 GHz band), in order to 
eliminate the interference to the public safety and other high site, 
non-cellular systems caused by the inherently incompatible operations 
of the band's cellular-architecture multi-cell systems. The Commission 
has also relied on its Section 316 authority to ``rearrang[e] licensees 
within a spectrum band.'' And as part of the recent Spectrum Frontiers 
incentive auction, the Commission modified the authorizations of 
incumbent licensees by altering their assigned frequencies and, in many 
cases, their geographic service areas, in a way that ensured that the 
spectrum usage rights under the modified licenses were comparable to 
those under the originally configured licenses.
    111. Notably, the Commission's modification authority under Section 
316 does not require the consent of licensees. As the United States 
Court of Appeals for the District of Columbia Circuit has stressed, 
``if modification of licenses were entirely dependent upon the wishes 
of existing licensees, a large part of the regulatory power of the 
Commission would be nullified.'' \1\ Indeed, that court has reiterated 
that Congress broadened the Commission's discretion by adding Section 
316, which ``provides the FCC with the authority to modify licenses 
without the approval of their holders.'' \2\ Rather, the Commission 
need only find, as it does here, that the modification ``serves the 
public interest, convenience and necessity.'' \3\ Further, the courts 
have consistently held that the Commission may exercise its license 
modification authority as part of a rulemaking proceeding, as it does 
here.\4\
---------------------------------------------------------------------------

    \1\ Peoples Broadcasting Co. v. United States, 209 F.2d 286, 288 
(D.C. Cir. 1953).
    \2\ Rainbow Broadcasting v. FCC, 949 F.2d 405, 410 (D.C. Cir. 
1991).
    \3\ California Metro Mobile Commc'ns, Inc. v. FCC, 365 F.3d 38, 
45 (D.C. Cir. 2004). As the D.C. Circuit has noted, the Commission's 
judgements on the public interest arising from a license 
modification ``are entitled to substantial judicial deference.'' 
NTCH, Inc. v. FCC,--F.3d --, 2020 WL 855465 at *7 (D.C. Circ. 2020).
    \4\ See Celtronix Telemetry, Inc. v. FCC, 272 F.3d 585, 589 
(D.C. Cir. 2001) (citing cases and noting that the Commission 
retains the power ``to alter the term[s] of existing licenses by 
rulemaking'').
---------------------------------------------------------------------------

    112. The International and Wireless Telecommunications Bureaus 
sought comment on the scope of our Section 316 authority to modify 
licenses in this proceeding in the May 3 Public Notice. The record 
confirms that modifying the licenses of the incumbent space station 
operators falls within the scope of the Commission's authority and 
would serve the public interest. As several commenters argue, modifying 
the authorizations of the incumbent space station operators is in the 
public interest because it will enable the clearing of 280 megahertz 
for public auction while preserving the content distribution system 
currently offered over the C-band spectrum by reserving for incumbent 
space station operators the upper 200 megahertz of the band.
    113. One constraint, however, is that Congress limited the 
Commission's

[[Page 22820]]

authority to only ``modify'' a license under Section 316, which the 
courts have construed to mean we may not effect a ``fundamental 
change'' to a license under this authority. Although effectively 
revoking a license or substantially disrupting a licensee's ability to 
provide service may amount to a fundamental change, courts have 
repeatedly found that if a licensee can continue to provide 
substantially the same service, a modification to that license is not a 
fundamental change.
    114. The Commission finds that the upper 200 megahertz of spectrum 
it is reserving for future FSS operations is sufficient to continue the 
services that are provided today over the whole 500 megahertz of the C-
band. Indeed, all incumbent space station operators that responded to 
the space-station data collection have agreed that the upper 200 
megahertz portion of the band provides a sufficient amount of spectrum 
to support their services. Users of FSS services, agree that 200 
megahertz is a sufficient amount of spectrum for space station 
operators to continue their services uninterrupted. Indeed, by adopting 
the clearing plan proposed by incumbent space station operators 
themselves and that they themselves have claimed allows for the full 
range of C-band services to continue in the contiguous United States, 
the Commission is confident that incumbent space station operators can 
continue to offer the services they do today after they clear their 
operations out of the 3.7-4.0 GHz band (and thus that this license 
modification does not constitute a fundamental change).
    115. In sum, the Commission finds that a Section 316 modification 
would serve the public interest, as it will spur the investment in and 
deployment of next generation wireless services, while ensuring that 
incumbent space station services will be able to maintain the same 
services as they are currently providing. Consistent with prior 
practice, in these circumstances the Commission will accord to grants 
of market access the same protections in this regard that we accord to 
Commission licenses and grants of market access.
    116. The Commission notes that, consistent with the scope of the 
public auction it adopts, the Section 316 license modification that the 
Commission adopts applies only to licenses and grants of market access 
held within the contiguous United States; authorizations for FSS 
operations outside of the contiguous United States may continue to 
operate in the entire 3.7-4.2 GHz band. Commenters argue, and the 
Commission agrees, that the Commission should exclude locations outside 
of the contiguous United States from the license modification. 
Locations outside of the contiguous United States, many of which are 
remote, have a greater need for a wide variety of C-band services, 
particularly for the provision of services necessary for the protection 
of life and property--including telehealth, E911, and education 
services.
    117. The Commission finds that retaining C-band operation is 
important for the time being in areas outside of the contiguous United 
States. As a result, the Commission believes it is appropriate to 
exclude PEAs outside of the contiguous United States from the proposed 
license modification, notably in the Honolulu, Anchorage, Kodiak, 
Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. 
Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (PEA 
numbers 42, 212, 264, 298, 360, 412-416) and FSS operations in those 
PEAs may continue to use the entire 3.7-4.2 GHz band.
    118. The Commission also notes that, due to the nature of space-to-
earth transmissions and the practicalities of space-to-earth 
communications, it does not modify the authorizations of incumbent 
space station operators to prohibit transmissions in the 3.7-4.0 GHz 
band entirely. Transmissions from space station operators can reach 
many countries at the same time. As a result of this, many 
transmissions from space station operators sent to locations outside of 
the contiguous United States and other countries may incidentally 
transmit to earth stations within the contiguous United States. Since 
space-to Earth transmissions pose no risk of harmful interference to 
terrestrial wireless operations, the Commission will allow such 
incidental transmissions without penalty, if the transmissions are duly 
authorized by a foreign government or the Federal Communications 
Commission. In other words, the Commission allows those transmissions 
that incidentally occur within the contiguous United States but are 
directed at earth stations outside that area. Beyond these incidental 
transmissions, the Commission will only permit space station operators 
to continue to operate in the contiguous United States in the 3.7-4.0 
GHz band on an unprotected basis after the sunset date for the purpose 
of transmitting service to earth stations at four designated TT&C 
sites.
    119. The C-Band Alliance and the Small Satellite Operators have 
argued that eliminating their right to operate and be protected from 
harmful interference over the lower 300 megahertz of the C-band without 
their consent would constitute a fundamental change to their license. 
The C-Band Alliance and the Small Satellite Operators also argue that, 
even if their existing services could continue after the transition, 
modifying their licensees would impermissibly alter their ability to 
expand their services to additional customers. The Commission 
disagrees. The D.C. Circuit has consistently upheld the Commission's 
authority to modify licenses where the affected licensee is able to 
continue providing substantially the same service following the 
modification. Thus, regardless of the amount of spectrum being 
repurposed or the licensees' ability to expand its operations after its 
license is modified, the primary consideration in determining whether a 
Section 316 modification is valid is whether the licensee will be able 
to provide substantially the same service after the modification as it 
was able to provide before. In the case of the C-Band Alliance and 
Eutelsat, the record clearly demonstrates that C-Band Alliance members 
will--by their own admission--be able to continue to provide service to 
their existing customers after the transition. For the Small Satellite 
Operators, the record clearly demonstrates that their members provide 
little to no service in the contiguous United States today and, as 
such, the remaining 200 megahertz of spectrum available after the 
transition period exceeds any reasonable estimate of their needs.
    120. First, the amount of spectrum repurposed under a 316 
modification is not the controlling factor in determining whether such 
a modification is valid. The C-Band Alliance and the Small Satellite 
Operators in particular contend that removing a licensee's rights to 
operate in 60% of the spectrum covered by its license constitutes a 
fundamental change to the license on its face. They argue that a 
reduction in the spectrum use rights afforded a licensee constitutes a 
fundamental change, regardless of whether the licensee is actually 
using the spectrum at the time. Both the C-Band Alliance and the Small 
Satellite Operators point to a decision by the Supreme Court, MCI 
Telecommunications Corp. v. FCC, which they assert supports their 
argument that the reduction of a certain percentage of a licensee's 
spectrum usage rights has been found to exceed the Commission's 
``modification authority.'' \5\ However, the Court in MCI was 
addressing a statutory

[[Page 22821]]

interpretation question under Title II of the Act: Whether ``the 
statutory phrase `modify any requirement' gave it authority to 
eliminate rate-filing requirements, `the essential characteristic of a 
rate regulated industry,' for long-distance telephone carriers.'' \6\ 
It was not examining the scope of the Commission's ability to modify a 
license pursuant to its ``broad authority to manage spectrum'' under 
Title III \7\ including its specific authority under Section 316 to 
modify the terms of licenses if--``in the judgment of the 
Commission''--such action ``will promote the public interest, 
convenience, and necessity.'' \8\ Ultimately, the Court concluded that 
rather than a legitimate exercise of the Commission's authority to make 
modifications in the tariffing requirement established by the Act, 
``[w]hat we have here, in reality, is a fundamental revision of the 
statute, changing it from a scheme of rate regulation in long-distance 
common-carrier communications to a scheme of rate regulation only where 
effective competition does not exist. That may be a good idea, but it 
was not the idea Congress enacted into law in 1934.''
---------------------------------------------------------------------------

    \5\ MCI Telecommunications Corp. v. AT&T, 512 U.S. 218, 228-29 
(1994).
    \6\ City of Arlington v. FCC, 569 U.S. 290, 304 (2013).
    \7\ Cellco P'ship v. FCC, 700 F.3d 534, 541-42 (D.C. Cir. 2012) 
(D.C. Cir. 2012) (``expansive powers''), quoting NBC v. United 
States, 319 U.S. 190, 216 (1943); see also NTCH, Inc. v. FCC,--
F.3d--, 2020 WL 855465 at *6 (D.C. Cir. 2020).
    \8\ 47 U.S.C. 316(a)(1).
---------------------------------------------------------------------------

    121. Rather than standing, as the C-Band Alliance and the Small 
Satellite Operators would have it, for the proposition that a 60% 
change of anything, under any circumstances, cannot be regarded as a 
modification, MCI represents the Court's view that eliminating a 
requirement entirely is not a ``modification'' of that requirement. In 
this context, the Commission agrees that eliminating an incumbent space 
station operator's right to transmit entirely would not be a 
modification--but that is not what the Commission does here. Instead, 
the Commission finds that where an incumbent will be fully reimbursed 
to upgrade its facilities so that it can provide the same level of 
service more efficiently using less spectrum, requiring the incumbent 
to do so falls within the Commission's Title III authority to modify a 
license. In other words, a 60% reduction in spectrum available to an 
incumbent space station licensee--under the terms and conditions 
specified herein that provide the continuation of service throughout 
and after a transition--would not fundamentally change the overall 
nature of the rights and privileges originally granted under its 
license, and that the action therefore falls within the modification 
authority that Congress intended to bestow upon the Commission in 
granting this agency its broad Section 316 authority.
    122. Indeed, since MCI, courts have examined various license 
modifications that the Commission has ordered under its Section 316 
authority under the same basic standard the Commission is applying 
here--asking whether the modifications have worked a fundamental change 
in the nature of the license, using as a touchstone whether the 
licensee can still provide the same basic service under the modified 
license that it could prior to the modification. This functional test 
does not apply an arbitrary numerical limit on the amount of spectrum 
that must be preserved under a license. Thus, the C-Band Alliance and 
Small Satellite Operators' argument for applying such a test is 
contrary to both case law and Commission precedent.
    123. Second, the Commission rejects C-Band Alliance and the Small 
Satellite Operators' contention that, since they will be foreclosed 
from transmitting to earth stations below 4.0 GHz, their licenses will 
be fundamentally altered. To the extent their argument rests on the 
potential foreclosure of the future reception of their signals by 
registered earth stations in the 3.7-4.0 GHz band, the Commission finds 
that any harm is, at best, speculative. The incumbent space station 
licensees will retain flexibility to expand their business within the 
4.0-4.2 GHz band after the transition. With the deployment of 
compression and other technologies, this block is sufficient to at 
least serve the licensees' existing customers--which is the relevant 
standard governing the legality of a 316 modification--and may provide 
flexibility to obtain additional customers. The Commission notes that 
the failure of the Small Satellite Operators to demonstrate any 
significant past, present, or future base of earth station customers 
makes it reasonable to assume that any opportunities they might be 
losing as a result of the Commission's actions are, on a practical 
level, de minimis. Moreover, the opportunities they will have to 
continue to serve existing customers and to obtain new customers are 
sufficient to support the Commission's determination that the 
modification the Commission makes to their authorizations does not 
constitute a fundamental change. The Small Satellite Operators have 
failed to demonstrate their ability to lure existing customers away 
from their contracts with other providers or to explain how they had 
planned to obtain new customers, including how they planned to compete 
against the growing reliance on fiber delivery services as a high-
quality substitute for satellite delivery.
    124. Third, space station incumbents will not incur any 
unreimbursed reasonable expenses as a result of this license 
modification. Under the rules adopted here, the new C-band entrants 
would pay for the cost of the reconfiguration of all incumbent earth 
stations, as well as reasonable relocation costs associated with 
repacking FSS operations into the upper portion of the band. In sum, 
because the record indicates that space station operators will continue 
to be able to serve their customers with essentially the same services 
under very similar terms following the license modification we adopt 
today, and should not suffer any interruption of service during the 
repacking process, the Commission concludes that any reduction in 
spectrum access rights here will not effect a ``fundamental change'' 
for these companies under Section 316 precedent.\9\
---------------------------------------------------------------------------

    \9\ See Mobile Relay Assocs. v. FCC, 457 F.3d 1, 12 (D.C. Cir. 
2006) (upholding the Commission's decision not to compensate a 
licensee for hypothetical customer loss it might suffer as a result 
of rebanding).
---------------------------------------------------------------------------

    125. The record in this proceeding, which sought comment on this 
question, supports this conclusion. The Commission also rejects the 
argument that, by modifying FSS space station licenses to remove their 
authorization in the lower 300 megahertz, the Commission will establish 
a ``dangerous precedent about the FCC's ability to unilaterally devalue 
existing licenses.'' First, it is unlikely that the Commission's 
decision to modify incumbent licenses in a manner that will allow them 
to continue to provide service to their customers and reimburse them 
for all of the relocation costs associated with the transition will 
appreciably devalue other, similarly situated non-exclusive licenses. 
According to SIA, the C-band satellite industry has been able to 
realize a return on their investments in the band amounting to an 
estimated $340 million in revenue per year. Given that incumbent space 
station operators will be fully reimbursed for the transition, the 
Commission finds that they will be able to continue to realize such 
returns after they transition to the upper 200 megahertz of the band, 
and that the actions the Commission takes here will not have a chilling 
effect on potential licensees going forward.

[[Page 22822]]

    126. Second, by their very nature, these incumbent space station 
licenses are fundamentally distinct, and easily distinguishable, from 
the exclusive geographic terrestrial licenses that the Commission 
issues through competitive bidding both in the rights conferred to the 
licensees and the method by which they are issued. Incumbent space 
station licensees have non-exclusive access to the band and did not 
obtain their current licenses through competitive bidding. Indeed, 
space station operators with grants of market access did not even have 
to pay an application fee to receive their license and have not been 
obligated to pay any regulatory fees as a condition of the 
authorization. Thus, unlike terrestrial licensees, incumbent space 
station operators have no expectation of exclusive access to a 
particular spectrum band and incurred no appreciable costs for use of 
this valuable public resource beyond investment in their own network. 
These clear differences are more than sufficient to distinguish 
incumbent space station licenses from exclusive terrestrial licenses 
and should reassure terrestrial licensees that their license rights 
will not be appreciably devalued by our actions in this order.
    127. What is more, satellite licensees in this band can effectively 
reuse spectrum at the same terrestrial location without causing 
interference to overlapping transmissions. This effectively gives them 
more capacity than the spectrum in their licenses would provide without 
these techniques, and this will continue to be the case when they 
transition to the upper 200 megahertz of the band. Space station 
operators in the 3.7-4.2 GHz band are authorized to use the entire band 
exclusively at any orbital slot, but non-exclusively in terms of 
geographic coverage. Satellites operating in the C-band typically have 
24 transponders, each with a bandwidth of 36 megahertz. Thus, the 24 
transponders on a given satellite provide capacity that is equivalent 
to 864 megahertz of spectrum, or 364 megahertz more than the 500 
megahertz currently available. This is the result of spectrum reuse--
adjacent transponders overlap, and self-interference is avoided by 
using opposite polarizations. Today, multiple FSS incumbents using 
satellites deployed at different locations in the geostationary orbit 
can transmit within the same geographic boundaries over different 
frequencies or polarizations. After the transition, space station 
operators will still be able to use the same mechanisms to effectively 
achieve more capacity than the spectrum in their licenses will provide. 
In addition, they will be able to take advantage of new technologies to 
improve spectral efficiency (that will be implemented and funded by the 
transition), such as improved data compression and modulation 
techniques to further improve their spectral efficiency.
    128. The Commission likewise rejects the argument that a Section 
316 modification of FSS space station licenses to remove authorization 
in the lower 300 megahertz would constitute an unlawful ``taking'' 
under the Takings Clause of the U.S. Constitution. Commission licenses 
do not constitute a property right. Section 301 of the Act states that 
Commission licenses ``provide for the use of [radio] channels, but not 
the ownership thereof, by persons for limited periods of time.'' 
Section 304 of the Act requires licensees to waive ``any claim to the 
use of any particular frequency or of the electromagnetic spectrum as 
against the regulatory power of the United States because of the 
previous use of the same, whether by license or otherwise.'' Courts 
have generally affirmed that spectrum rights are not property rights 
subject to the Takings Clause.\10\ The plain language of the Act makes 
clear that a spectrum license is just that--a license to use spectrum--
not a deed of ownership. The mere existence of Section 316 authority to 
modify licenses, including by removing authorization to operate on 
certain frequencies, makes clear that a Commission license is not an 
absolute property right to which the Takings Clause might apply.
---------------------------------------------------------------------------

    \10\ See, e.g., NextWave Pers. Commc'ns, Inc., 200 F.3d 43, 51 
(2d Cir. 1999), cert. denied, 531 U.S. 924 (2000) (citing 47 U.S.C. 
301 (the purpose of the Communications Act is to ``to provide for 
the use of [radio] channels, but not the ownership thereof'')).
---------------------------------------------------------------------------

    129. Furthermore, even if FSS space station authorizations 
conferred cognizable property rights, which they do not, the license 
modification the Commission adopts in this Report and Order would not 
amount to a taking. A regulatory taking occurs ``where a regulation 
denies all economically beneficial or productive use'' of the 
property.\11\ The Commission agrees that, ``because C-band satellites 
will still have significant economic benefit for the duration of their 
authorizations despite the C-band transition, the potential for a 
regulatory taking is significantly diminished.'' The U.S. Supreme Court 
has explained that a taking is not readily found where ``interference 
arises from some public program adjusting the benefits and burdens of 
economic life to promote the common good.'' \12\ Here, by the space 
station operators' own admission, they will be able to continue to 
provide service to their existing customers after the transition, and 
the Commission adopts rules ensuring that incumbent FSS licensees are 
made whole for any costs they incur as a result of the transition. The 
Commission's modification of incumbent FSS licenses therefore does not 
amount to a taking under the U.S. Constitution.
---------------------------------------------------------------------------

    \11\ See Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 
1015 (1992); Agins v. City of Tiburon, 447 U.S. 255, 260-61 (1980) 
(balancing the property owner's economic losses and lost reasonable 
investment-backed expectations against the character of the 
government action).
    \12\ Penn Central Transportation Co. v. New York City, 438 U.S. 
104, 124 (1978) (citing Pennsylvania Coal Co. v. Mahon, 260 U.S. 
393, 413 (1991) (``[g]overnment hardly could go on if to some extent 
values incident to property could not be diminished without paying 
for every such change in the general law'')).
---------------------------------------------------------------------------

    130. Clearing Earth Station Operations.--Finally, the Commission's 
public interest analysis for transitioning the 3.7-3.98 GHz band to 
flexible use and reserving the 3.98-4.0 GHz band as a guard band 
extends to incumbent earth stations. The Commission reiterates its 
finding above that earth station registrants are not licensees. The 
Commission issues licenses pursuant to its authority under Title III of 
the Act, which requires a license for ``the transmission of energy, or 
communications or signals by radio.'' The Commission has long concluded 
that, because receive-only earth stations do not transmit, they do not 
require a license under Section 301 of the Act. In adopting rules 
providing for earth station registrants to receive interference 
protection through voluntary coordination, the Commission has done so 
under its Title I ancillary authority to its ``other regulatory 
responsibilities to maximize effective use of satellite 
communications'' over which the Commission has express Title III 
authority, including its Section 301 licensing and conditioning 
authority and its Section 303 authority to regulate radio transmissions 
in various specified ways, and made clear that a receive-only earth 
station registration does not confer a license. While Section 316 
governs the Commission's modification of licenses, the Commission is 
not required by the Act to license receive-only earth stations and has 
found that it is not in the public interest to do so. The Commission 
has therefore relied on its ancillary authority to administer a 
registration regime for these stations, which it has an ongoing 
responsibility to modify as appropriate to ensure that it remains 
consistent with its regulation in the

[[Page 22823]]

public interest of the licensed satellite stations. As an exercise of 
that responsibility, the Commission is thus modifying the earth station 
registrations to comport with the C-band reconfiguration it is ordering 
herein, by limiting the frequencies on which these earth stations may 
receive interference protection to the upper 200 megahertz of C-band 
spectrum.
    131. A relatively small number of earth stations that receive in 
the 3.7-4.2 GHz band are licensed to transmit in another band (i.e., 
licensed transmit-receive earth stations). That license to transmit 
does not provide the earth station operator with the right to transmit 
in the C-band, where they hold no ``licensed spectrum usage rights.'' 
To the extent earth stations have licenses to transmit in another band, 
the Commission finds that it has ample authority to propose to modify 
their authorizations to eliminate their interference protection rights 
in the lower 300 megahertz of the band, once cleared of satellite 
operations under the Commission's Section 316 authority. Like with the 
space station operators, this proposed modification does not effect a 
fundamental change because earth stations will continue to receive the 
same level of service (from satellite providers operating in the upper 
200 megahertz of the band) and will remain able to provide the same 
services to their own customers as before their registration or license 
modification.
    132. New Earth Stations.--On April 19, 2018, the staff released the 
Freeze and 90-Day Earth Station Filing Window Public Notice (83 FR 
35454, July 26, 2018), which froze applications for new or modified 
earth stations in the 3.7-4.2 GHz band to preserve the current 
landscape of authorized operations pending action as part of the 
Commission's ongoing inquiry into the possibility of permitting mobile 
broadband use and more intensive fixed use of the band through this 
proceeding. Given its decision to limit FSS operations in the 3.7-4.0 
GHz band in the contiguous United States but not elsewhere, the 
Commission converts the freeze for new FSS earth stations in the 3.7-
4.0 GHz band in the contiguous United States into an elimination of the 
application process for registrations and licenses for those 
operations, and the Commission lifts the freeze for new FSS earth 
stations in the 3.7-4.2 GHz band outside of the contiguous United 
States as of the publication date of the Report and Order.
    133. The Commission revises the part 25 rules such that 
applications for 3.7-4.0 GHz band earth station licenses or 
registrations in the contiguous United States will no longer be 
accepted. Several commenters support permanently limiting eligibility 
to file applications for earth station licenses or registrations to 
incumbent earth stations. The Commission finds that limiting, as 
described, the registration of new earth stations in spectrum being 
transitioned to primary terrestrial use will provide a stable spectral 
environment for more intensive terrestrial use of 3.7-3.98 GHz and 
facilitate the rapid transition to terrestrial use.
    134. With respect to registered incumbent earth stations that are 
transitioned to the 4.0-4.2 GHz band, the Commission will permit these 
earth stations to be renewed and/or modified to maintain their 
operations in the 4.0-4.2 GHz band. The Commission will not, however, 
accept applications for new earth stations in the 4.0-4.2 GHz portion 
of the band for the time being, during this transition period.
    135. New Space Station Operations.--Consistent with its decision to 
continue to permit satellite operations in the upper 200 megahertz of 
the C-band, the Commission modifies its proposal to revise the rules to 
codify the International Bureau's June 21, 2018 freeze. Specifically, 
the Commission revises its rules to prohibit new applications for space 
station licenses and new petitions for market access concerning space-
to-Earth operations in the 3.7-4.0 GHz band in the contiguous United 
States. Outside the contiguous United States for the 3.7-4.2 GHz band 
and nationwide for the 4.0-4.2 GHz band, these revisions do not apply. 
For the contiguous United States, allowing new satellite space station 
applicants to claim access to the 4.0-4.2 GHz FSS band could complicate 
the transition process. Accordingly, the Commission will continue the 
freeze on new applicants until the transition is completed, which will 
allow incumbent space station operators the flexibility to launch 
additional satellites to achieve an efficient transition to the upper 
portion of the band. Once the transition is completed, the 
International Bureau is directed to release a public notice announcing 
that the freeze is lifted.
    136. Several terrestrial wireless operators support limiting new 
space station operations as proposed by the Commission. The Commission 
finds its approach strikes the appropriate balance between not allowing 
new space station applicants to claim access to the band to complicate 
the transition process and providing incumbent space station operators 
the flexibility to launch additional satellites to achieve an efficient 
transition to the upper portion of the band.
3. Transition Schedule
    137. Consistent with the Emerging Technologies framework, the 
Commission finds a mix of carrots and sticks best accommodates the need 
to clear FSS operations out of the lower 300 megahertz as quickly as 
possible to facilitate new terrestrial, flexible-use operations and the 
need to preserve the content distribution ecosystem now contained in 
the C-band. Given the disagreements in the record on how long the 
transition will take, the Commission finds that a multi-stage 
transition that offers both positive incentives to operators for 
clearing early as well as negative incentives for operators that fail 
to clear by the end of the sunset period will best serve these goals.
    138. The Commission establishes a Relocation Deadline of December 
5, 2025 to ensure that all FSS operations are cleared in a timely 
manner, as well as two Accelerated Relocation Deadlines--a Phase I 
deadline of December 5, 2021 and a Phase II deadline of December 5, 
2023--for incumbent space station operators that voluntarily relocate 
on an accelerated schedule (with additional obligations and incentives 
for such operators). And the Commission sets forth the consequences for 
meeting or failing to meet these deadlines.
    139. In the NPRM, the Commission sought comment on reasonable 
benchmarks for incumbent space station operators to clear and make C-
band spectrum available for flexible use to ensure a timely transition 
process. Recognizing that spectrum would likely be cleared 
incrementally over the course of the full clearing process, the 
Commission sought comment on appropriate periodic reporting 
requirements, as well as any procedural safeguards or penalties that 
may be necessary if the transition facilitator is unable to clear the 
spectrum within the designated clearing time period.
    140. The record is divided on how long it will take to clear the 
lower 300 megahertz for terrestrial operations and relocate incumbent 
space station operators and incumbent earth stations to the upper 200 
megahertz. In the context of proposing a private sale, the C-Band 
Alliance states that it could clear and repack enough satellite 
transponders to make 280 megahertz of spectrum available for 5G use in 
the contiguous United States within 36 months of such a sale in a two-
step process. First, within 18 months of Commission action in this 
proceeding,

[[Page 22824]]

the C-Band Alliance would be able to clear 120 megahertz in 46 of the 
top 50 PEAs. The C-Band Alliance claims it could achieve this benchmark 
without the need to launch new satellites. To achieve this, the C-Band 
Alliance proposes to provide passband filters to all earth stations 
that potentially may be affected by wireless terrestrial operations 
anywhere within the PEA, including earth stations that are outside of, 
but near enough to, the PEA to experience harmful interference. Second, 
within 36 months of its private sale, the C-Band Alliance would be able 
to clear the remaining PEAs for the first 120 megahertz, as well as an 
additional 180 megahertz throughout the contiguous United States. Space 
station operators that are not members of the C-Band Alliance support a 
rapid transition of C-band spectrum and have put forth similar 
transition timelines to those proposed by the C-Band Alliance. Eutelsat 
supports the 18- and 36-month timelines proposed by the C-Band 
Alliance, and states that, with diligent effort from all interested 
parties, an auction could commence in 2020, with transition milestones 
for the release of 100 megahertz and 300 megahertz of spectrum for 
flexible use at the end of 2021 and 2023, respectively. The Small 
Satellite Operators agree that 300 megahertz of C-band spectrum could 
be made available for 5G within 18 to 36 months through the use of non-
proprietary, readily available compression technology. And other 
commenters agree that the proposed 18-month and 36-month timelines are 
attainable if all stakeholders' incentives are properly aligned.
    141. Some commenters express skepticism that a transition of FSS 
operations can be accomplished under the timelines proposed by the C-
Band Alliance. Meanwhile, users of FSS services like broadcasters 
simply caution that the transition will be enormous and complex.''
    142. Given that the members of the C-Band Alliance and Eutelsat 
manage most of the C-band satellite traffic today and are the most 
knowledgeable parties about their operations in the C-band, the 
Commission is inclined to give the C-Band Alliance and Eutelsat the 
opportunity to make good on their claims that they can relocate 
existing C-band operations into the upper 200 megahertz quickly and to 
provide incentives for them to do so. The Commission nonetheless 
recognizes that the transition may take longer than the C-Band Alliance 
and Eutelsat claimed was necessary as a technical matter. Given the 
reasoned skepticism of many in the record and our own agreement with 
commenters that this transition will be an enormous and complex task, 
the Commission adopts a somewhat longer Relocation Deadline of five 
years to ensure the protection of incumbent earth stations should the 
transition take longer than the C-Band Alliance has forecast.
    143. Specifically, the Commission concludes that a Relocation 
Deadline of December 5, 2025 is in the public interest. In particular, 
the Commission finds that the December 5, 2025 transition date strikes 
a fair and appropriate balance between bringing C-band spectrum to 
market and ensuring space station operators, earth station operators, 
and other stakeholders have the necessary time to complete this 
transition in a careful, fair, and cost-effective manner. This date 
ensures this spectrum will be made available for flexible use, while 
guaranteeing that vital television and radio services currently 
provided using the C-band will continue operating without interruption, 
both during and after the transition.
    144. FSS operations in the C-band are critical to the delivery of 
television and radio programming, as well as many other services, for 
tens of millions of Americans, and it is in the public interest to 
ensure that these services are not disrupted. Given this, it is in the 
public interest to avoid sunsetting FSS operations before all services 
can be transitioned fully out of this part of the band. And the 
Commission finds that, even with the uncertainties in the record, a 
transition period through December 5, 2025 will be sufficient to ensure 
continued operations throughout the contiguous United States and the 
relocation of stations to the upper 200 megahertz of the band.
    145. In setting the Relocation Deadline, the Commission must also 
account for the costs to the American public from delays in freeing up 
this important mid-band spectrum for terrestrial use, including for 5G. 
The C-Band Alliance itself has claimed that ``[e]ach year of [delaying 
the deployment of C-band spectrum for flexible use] is value lost 
forever--here, about $50 billion or more per year in consumer 
surplus.'' Whatever the merits of that particular valuation, the 
Commission agrees that delaying the transition of this spectrum longer 
than necessary will have significant negative effects for the American 
consumer and American leadership in 5G. The Commission thus finds that 
because a 2025 deadline is sufficient to relocate existing FSS 
operations, it is imperative we set the Relocation Deadline no later 
than 2025 so that we do not delay the use of this valuable public 
resource any longer than necessary.
    146. The Commission notes that a five-year Relocation Deadline is 
wholly consistent with our precedent and past spectrum transitions. The 
Commission has overseen several complex transitions in other bands, 
involving thousands of authorized entities with diverse operational 
needs, customer bases, and technical requirements. Recent transition 
timelines have been as short as 39 months--such as in the Broadcast 
Incentive Auction--or longer than fourteen years--as in the 800 MHz 
transition.
    147. In the 800 MHz Order, the Commission repacked portions of the 
800 MHz band to address a growing problem of harmful interference to 
800 MHz public safety communication systems caused by the inherent 
incompatibility of those systems with high-density commercial wireless 
systems when situated in an increasingly congested, interleaved 
spectral environment. The 800 MHz repack has taken over fourteen years 
to complete, due to the need to ensure public safety transmissions are 
not disrupted. In contrast, the Commission expects the transition after 
the Broadcast Incentive Auction, which involves repacking full power 
and Class A television broadcast facilities, will take only 39 months. 
The Broadcast Incentive Auction, authorized by Congress, sought to 
reallocate spectrum used by TV broadcasters in order to provide new 
spectrum to be used for next generation wireless services. TV 
broadcasters, who previously used portions of spectrum above Channel 
37, ranging from 614 MHz to 698 MHz, were assigned to a channel ranging 
from Channel 2 to Channel 36, consisting of the VHF low band (between 
Channel 2 and Channel 6), the VHF high band (between Channel 7 and 13), 
and the UHF band (between Channel 14 and 36). Additionally, some TV 
broadcasters operating in channels below Channel 37 were relocated to 
other channels below Channel 37.
    148. The Commission sees this transition as more analogous to the 
Broadcast Incentive Auction repacking than it is to the 800 MHz 
transition. Here, unlike the 800 MHz transition, public safety services 
are not at stake and--although incumbent operations will be protected 
throughout the transition--moving FSS transmissions will not require 
the careful incremental adjustments required in the 800 MHz repack. As 
a result, repacking FSS transmission will not need as much time as has 
been needed for the repack of the 800 MHz band. However, the

[[Page 22825]]

Commission also believes that the C-band transition may take longer 
than the Broadcast Incentive Auction, as this transition will involve a 
variety of different and complex elements that may require a longer 
transition timeline. For example, the transition here will likely 
require the design, construction, launch, and deployment of additional 
new satellites. Additionally, that transition involved only 987 TV 
licenses and not communications and coordination among and 
reimbursement to thousands of satellite and earth station stakeholders.
    149. C-band space station operators do not have direct contractual 
relationships with many of the earth stations that receive their 
service transmissions and, as such, it may take additional time and 
effort to ascertain which FSS earth stations receive content from each 
incumbent space station operator and to assign responsibility for 
clearing each earth station. Regardless, the incumbent space station 
operators are in the best position to expeditiously transition this 
band to flexible use service and we note that they have already made 
significant progress in identifying earth stations and developing 
transition plans.
    150. Despite having claimed it can complete the transition in three 
years, the C-Band Alliance has recently suggested that Commission 
precedent could require a 10-year (or greater) deadline for relocation 
under the Emerging Technologies precedent. The Commission disagrees. 
The Commission acknowledges that the Commission can and has set a 10-
year deadline before, for example, when it relied on the Emerging 
Technologies framework to transition terrestrial fixed service 
licensees relocating from the 18.58-18.8 GHz and 18.8-19.3 GHz bands, 
to the 17.7-18.3 GHz band, in addition to allowing operations in the 
18.3-18.58 GHz and 19.3-19.7 GHz bands on a co-primary basis. But in 
doing so, the Commission expressly found that, based on the 
circumstances before it, a sunset period of ten years for continued co-
primary status of existing terrestrial fixed stations was an 
appropriate compromise that will allow these systems to continue to 
operate in these bands, while giving FSS interests the option to pay 
the cost of relocating such systems if FSS interests want to deploy 
operations in those areas before the 10-year sunset. But just because 
the Commission determined a ten-year transition was appropriate under 
one set of facts does not mean that a ten-year sunset period is 
appropriate or necessary for clearing the C-band. And the C-Band 
Alliance fails to acknowledge that involuntary relocation procedures 
became available after only two years in the precedent it cites--so no 
incumbent was ``entitled'' to a ten-year transition.
    151. Accelerated Relocation.--The Commission also adopts two 
Accelerated Relocation Deadlines--a Phase I deadline of December 5, 
2021 and a Phase II deadline of December 5, 2023--for incumbent space 
station operators that voluntarily relocate on an accelerated schedule 
(with additional obligations and incentives for such operators). The 
Commission will provide an opportunity for accelerated clearing by 
space station operators by making them eligible for accelerated 
relocation payments, if those space station operators are able to meet 
certain early clearance benchmarks for the band.
    152. The Commission also finds that adopting rules to provide for 
Accelerated Relocation Deadlines, with incentives for eligible space 
station operators that voluntarily relocate according to an accelerated 
schedule, will promote the rapid introduction of a significant tranche 
of C-band spectrum by leveraging the technical and operational 
knowledge of space station operators, aligning their incentives to 
achieve a timely transition, and enabling that transition to begin as 
quickly as possible. It is undisputed in the record that eligible C-
band space station operators are in a unique position to quickly clear 
a significant portion of this band spectrally by using satellite 
grooming to repack existing services into the upper portion of the 
band. Thus, under this scenario, the clearing process would begin much 
sooner and proceed at a more rapid pace in the years following release 
of this Report and Order than if the Commission relied on the December 
5, 2025 sunset date as the sole means of incentivizing space station 
operators to make C-band spectrum available for flexible use.
    153. Specifically, eligible space station operators will have the 
option to clear according to the following accelerated clearing 
timeline: (1) Clearing 100 megahertz (3.7-3.8 GHz) by December 5, 2021, 
and (2) clearing the remaining 180 megahertz (3.8-3.98 GHz) by December 
5, 2023. To satisfy the early clearing benchmarks, space station 
operators would be required to clear an additional 20 megahertz by the 
end of the clearing period to be used as a guard band to protect FSS 
users that will continue to operate in the upper portion of the band.
    154. In order to satisfy the Phase I Accelerated Relocation 
Deadline, a space station operator must repack any existing services 
and relocate associated incumbent earth stations throughout the 
contiguous United States into the upper 380 megahertz of the C-band 
(3820-4200 MHz) and must also provide passband filters to block signals 
from the 3700-3820 MHz band to associated incumbent earth stations in 
46 of the top 50 PEAs by December 5, 2021. To satisfy the Phase II 
Accelerated Relocation Deadline, a space station operator must repack 
any existing service and relocate associated incumbent earth stations 
throughout the contiguous United States into the upper 200 megahertz of 
the C-band (4.0-4.2 GHz), and provide passband filters to block signals 
from the 3700-4000 MHz band to all associated incumbent earth stations 
in the contiguous United States by December 5, 2023. In both instances, 
the space station operator must not knowingly cause the incumbent earth 
stations that receive its transmission to temporarily or permanently 
lose service during or after the transition and must take all steps 
necessary to allow incumbent earth station operators to continue to 
receive substantially the same service during and after the relocation 
that they were able to receive before the transition.
    155. As discussed below, a space station operator must coordinate 
with relevant earth station operators to perform any necessary system 
modifications, repointing, or retuning to receive transmissions that 
have been migrated to frequencies on new transponders or satellites, 
and must ensure that any incumbent earth stations currently receiving 
in the bottom 300 megahertz are able to continue receiving those 
services once they are transitioned to the upper portion of the band.
    156. Payments and Penalties Related to the Deadlines.--Incumbent 
space station and earth station operators that clear their existing 
services from the lower 300 megahertz by the Relocation Deadline shall 
be eligible for reimbursement of their reasonable costs to transition.
    157. In addition to reimbursement for their relocation costs, 
incumbent space station operators that satisfy the Accelerated 
Relocation Deadlines shall be eligible to receive an Accelerated 
Relocation Payment. A space station operator that elects to accept the 
Accelerated Relocation Payment for satisfying the Phase I Accelerated 
Relocation Deadline must also commit to complete the transition of the 
full 300 megahertz by the Phase II clearing deadline. If a space 
station operator fails to satisfy either the Phase I or Phase II

[[Page 22826]]

deadline, it will not be eligible for the portion of the accelerated 
relocation payment attributable to the deadline that it missed.
    158. Space station operators that fail to clear their existing 
services from the lower 300 megahertz by the final Relocation Deadline 
will not receive reimbursement for their reasonable relocation costs or 
any additional Accelerated Relocation Payments, and will also be 
subject to penalties for their failure to timely clear. Radio 
transmissions must be authorized by the FCC pursuant to Section 301, 
and transmissions sent by space station operators after the Relocation 
Deadline established above would be unauthorized and a violation of 
Section 301. Unauthorized transmissions by incumbent space station 
operators in violation of Section 301 can result in the imposition of 
sanctions by the FCC on such operators, including forfeiture penalties. 
Thus, after the Relocation Deadline, a space station operator which 
continues to operate in the 3.7-4.0 GHz band with the willful purpose 
of transmitting to earth stations within the contiguous United States, 
both registered and unregistered, would be ``operat[ing] without an 
instrument of authorization for the service'' and potentially subject 
to forfeitures and other sanctions.
    159. While the Commission will review any potential violations on a 
case-by-case basis, unauthorized satellite transmissions to earth 
stations could result in forfeitures based on each unauthorized 
satellite operation, each unauthorized earth station operation, or each 
day of unauthorized operation of such satellites and earth stations. 
There are approximately 20,000 registered earth stations in the 
contiguous U.S., and some space station operators--some of whom 
transmit from multiple satellites--transmit to thousands of earth 
stations in the contiguous U.S. A space station operator operating in 
violation of its authorization could be assessed a separate violation 
on a daily basis for each earth station to which they willfully 
transmit and for each satellite from which the unauthorized 
transmission is sent. Alternatively, the Commission may consider each 
discrete transmission between a satellite and earth station a 
violation, resulting in a penalty for each of those unauthorized 
transmissions. Operation without an instrument of authorization for the 
service carries a base forfeiture of $10,000 per violation.
    160. The Commission's rules allow it to adjust forfeiture penalties 
upward according to a set of criteria. Specifically, in exercising its 
forfeiture authority, the Commission must consider the ``nature, 
circumstances, extent, and gravity of the violation and, with respect 
to the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and such other matters as justice may 
require.'' In addition, the Commission has established forfeiture 
guidelines, under which the Commission may adjust a forfeiture upward 
for violations that are egregious, intentional, or repeated, or that 
cause substantial harm or generate substantial economic gain for the 
violator. Thus, the Commission could potentially upwardly adjust the 
forfeiture penalties for space station operators if it found that a 
space station operator's misconduct merited an increase in penalties.
4. Relocation and Accelerated Relocation Payments
    161. Under the framework the Commission adopts to facilitate a 
public auction of 280 megahertz of C-band spectrum, new overlay 
licensees must pay their share of relocation and accelerated relocation 
payments to reimburse incumbents for the reasonable costs of 
transitioning out of the lower 300 megahertz of the C-band in the 
contiguous United States. In this section, the Commission explains its 
authority to require such payments, explains what relocation costs are 
compensable, estimates the total relocation payments, establishes the 
accelerated relocation payments available to incumbent space stations 
that elect for an accelerated transition and meet those deadlines, and 
explains what share of the costs each overlay licensee will bear.
    162. Authority to Require Payments.--The Commission finds that 
incumbent space station operators and incumbent earth station operators 
that must transition existing services to the upper portion of the band 
should be compensated for the costs of that transition. Because winning 
bidders will benefit from use of the spectrum, the Commission will 
condition their licenses on making all necessary relocation and 
accelerated relocation payments before they are allowed to deploy in 
the spectrum made available for flexible use.
    163. The Commission's broad spectrum management and licensing 
authority under Section 303 provides it with the ability to ``[m]ake 
such rules and regulations and prescribe such restrictions and 
conditions, not inconsistent with law, as may be necessary to carry out 
the provisions of this [Act.]'' \13\ The Commission has repeatedly used 
this authority to impose conditions on new licensees, including 
buildout conditions, public safety obligations, and obligations to 
facilitate the transition of incumbents out of the spectrum at issue 
before commencing operations.
---------------------------------------------------------------------------

    \13\ 47 U.S.C. 303(r).
---------------------------------------------------------------------------

    164. The Commission's authority to require new licensees to make 
relocation payments to incumbents is well established. Starting in 
1992, the Commission adopted a series of rules (known as the Emerging 
Technologies framework) to enable new licensees to enter into voluntary 
or mandatory negotiations with incumbent operators to clear a spectrum 
band after which, failing an agreement, the new entrant could 
involuntarily clear incumbent operations by expressing its intent to 
commence operations in that band and paying for all reasonable 
relocation costs. For example, in 2000, the Commission, recognizing 
that new licensees in a band might be unable to design their systems to 
avoid interference from incumbent stations, adopted a relocation 
reimbursement process to ``afford[ ] reasonable flexibility'' for those 
new licensees ``to roll out their operations in a timely and economic 
manner.'' Similarly, in 2006, the Commission established procedures for 
the relocation of Broadband Radio Service and Fixed Microwave Service 
operation and further adopted cost-sharing rules to identify the 
reimbursement obligations for new entrants benefitting from the 
relocation of those incumbent services.
    165. Notably, the Commission has taken a flexible approach in 
applying the Emerging Technologies framework, tailoring the particular 
obligations on incumbents and new licensees to suit the circumstances. 
And so, for example, the Commission has imposed cost-sharing 
obligations on incoming licensees to insure that relocation expenses 
would be borne by all new licensees that would benefit from such 
clearing--even if one such licensee were to take lead in working with 
incumbents to facilitate speedier clearing. Indeed, in 2013, the 
Commission adopted a cost-sharing mechanism for winning bidders to 
reimburse the entities that had previously cleared incumbents from the 
band.
    166. Courts have upheld the Commission's use of this authority. In 
1996, the U.S. Court of Appeals for the D.C. Circuit upheld the 
Commission's repeal of an exemption, which had previously shielded 
public safety licensees from a relocation regime in

[[Page 22827]]

which new licensees would pay all costs associated with relocating 
incumbents to comparable facilities.\14\ The court found that the 
Commission had ``adequately articulated a reasoned analysis based on 
studies and comments submitted during the rulemaking process'' that 
justified its decision to require all incumbent licensees, including 
public safety licensees, to mandatory relocation. In the 2001 Teledesic 
case, the D.C. Circuit, in affirming the Commission's authority to 
adopt such relocation compensation mechanisms, noted that the 
Commission's ``consistent policy has been to prevent new spectrum users 
from leaving displaced incumbents with a sum of money too small to 
allow them to resume their operations at a new location.'' \15\ The 
court observed that it previously had approved aspects of a similar 
relocation scheme, in a decision upholding the elimination of an 
exemption for public safety incumbents from a relocation regime in 
which new licensees would pay all costs associated with relocating 
incumbents to comparable facilities.
---------------------------------------------------------------------------

    \14\ Ass'n of Public Safety Communications Officials-Int'l, Inc. 
v. FCC, 76 F.3d 395, 397, 400 (D.C. Cir. 1996).
    \15\ Teledesic LLC v. FCC, 275 F.3d 75, 84-86 (D.C. Cir. 2001).
---------------------------------------------------------------------------

    167. That same authority also allows the Commission to require 
overlay licensees to make accelerated relocation payments--payments 
designed to expedite a relocation of incumbents from a band. The 
Commission starts again with the Emerging Technologies framework, in 
which the Commission expressly allowed new licensees to make relocation 
payments separate and above relocation expenses ``as an incentive to 
the incumbent to locate quickly.'' For example, in reallocating certain 
bands for PCS operations in the 1990s, the Commission provided that 
incoming licensees could offer ``premium payments or superior 
facilities, as an incentive to the incumbent to relocate quickly.'' Ten 
years later, the Commission expressly authorized incentive payments to 
incumbent operators to expedite clearing. In those transitions, the 
Commission found that such acceleration agreements not only benefitted 
both entrants and incumbents, but, more importantly, served the public 
interest by significantly expediting transitions to flexible use.
    168. Given the significant public interest benefits of clearing 
terrestrial, mid-band spectrum more quickly, which would bring next-
generation services like 5G to the American public years earlier and 
help assure American leadership in the 5G ecosystem, the Commission 
finds that requiring overlay licensees to make accelerated relocations 
is in the public interest. The Commission starts by noting the 
significant benefits of accelerating a transition of this spectrum. 
Studies in the record indicate that licensing mid-band spectrum will 
lead to substantial economic gains. Economist Jeffrey Eisenach points 
to ``consumer welfare gains from rapid allocation of C-band spectrum to 
mobile broadband carriers,'' and he estimates that the ``annual 
increase in consumer surplus is approximately equal to the total amount 
paid by the purchasers.'' Eisenach also notes that ``for every year of 
delay'' in making the C-band spectrum available, ``consumer welfare is 
reduced by $15 billion.'' Similarly, Coleman Bazelon estimates that 
just one year of delay in transitioning the spectrum would reduce the 
value of repurposing the C-band by between 7% and 11%. Noting that the 
``economic value of spectrum is only a fraction of its total social 
value, the Brattle Group notes that ``every $1 billion in delay costs 
would create total social costs of $10 billion to $20 billion.'' These 
studies underscore the importance of incentivizing incumbents to clear 
the band for 5G use as quickly as possible.
    169. Next, the Commission finds that simply allowing overlay 
licensees to negotiate with incumbent space station operators and 
incumbent earth station operators for an expedited departure from the 
band likely would prove ineffective in ensuring a speedy transition. 
First, incumbent space station operators face holdout problems. The 
complex nature of spectrum-sharing in the band (including the non-
exclusive, non-terrestrially-bound, full band, full arc transmission 
rights held by each incumbent space station operator) poses one hurdle, 
since persuading a single operator to accelerate relocation may have no 
impact on expedited clearing of the band because other operators have 
not relocated (for example, a single incumbent earth station operator 
may have multiple earth stations clustered together, each pointing at a 
different satellite owned by a different incumbent space station 
operator). Because of this regulatory structure, each incumbent space 
station operator has strong incentives to holdout to extract a 
disproportionate premium for its participation. Second, overlay 
licensees face free rider problems. If one flexible-use licensee pays 
to clear a single PEA (let alone the contiguous United States), other 
licensees could benefit significantly from the clearing without paying 
their fair share. Third, numerous coordination problems exist. 
Transitioning the C-band satellite ecosystem to the upper part of the 
band will require communication and coordination with a large and 
diverse group of entities with different interests, including multiple 
incumbent space station operators and thousands of incumbent earth 
stations. Fourth, to meet the clearing deadlines set by the Commission 
and, in so doing, maximize the economic and social benefits of 
providing spectrum for next generation wireless services, space station 
operators will need to begin the clearing process immediately. To 
accomplish an early transition via negotiation, however, the satellite 
licensees would need to know the identities of each of the overlay 
licensees in the band and those will not be known until after the 
completion of the auction, sometime in 2021. Thus, relying solely on 
individual negotiations between licensees to accomplish earlier 
transition would be incompatible with the clearing deadlines 
established by the Commission.
    170. Based on the unique circumstances of the band, the Commission 
therefore finds that it would best serve the public interest, 
consistent with the Emerging Technologies framework, to condition new 
licenses on making acceleration payments to satellite incumbents that 
voluntarily choose to clear the band on an expedited schedule. Like 
relocation payments, the Commission finds that requiring such mandatory 
payments is both in the public interest and within our Title III 
authority.
    171. The Commission finds its decision to require new terrestrial 
licensees to pay relocation costs is broadly supported by the record. 
Commenters overwhelmingly urge the Commission to require new licensees 
to reimburse incumbents' costs to clear the band for flexible use.
    172. Commenters also agree that it is appropriate to require new 
terrestrial licensees to make additional payments above relocation 
costs to incumbents that clear on accelerated timelines.
    173. The vast majority of stakeholders that have submitted filings 
in the record on this issue agree that the Commission has the authority 
to require the new flexible use licensees both to pay the relocation 
costs of the incumbent space station operators and to make an 
accelerated relocation payment when certain conditions are met. The 
Commission's long practice of

[[Page 22828]]

permitting voluntary relocation payments was affirmed by the D.C. 
Circuit in Teledesic. In the proceeding underlying that decision, the 
Commission followed its Emerging Technologies precedent and adopted 
rules that allowed new licensees to compel incumbents to relocate from 
the 18 GHz band and required such licensees to negotiate with 
incumbents prior to requiring them to leave the band and to pay 
reasonable relocation expenses. The SSOs similarly agree that the 
Commission's exercise of its general Title III authority to condition 
wireless licenses would include a mandatory acceleration payment and 
would constitute a reasonable extension of the Commission's Emerging 
Technologies precedent. Still other reports focus on the value of 
accelerating the clearing of this band. Coleman Bazelon estimates that 
a one year of delay in transitioning the spectrum would reduce the 
economic value of repurposing this band by between 7% and 11%. 
Additionally, Bazelon highlights the importance of consumer surplus, or 
social value, associated with accelerated clearing. He notes that 
``every $1 billion in delay costs would create total social costs of 
$10 billion to $20 billion.'' Similarly, Dr. Eisenach, citing a study 
by Hazlett and Munoz, states that the ``annual increase in consumer 
surplus is approximately equal to the total amount paid by the 
purchasers.''
    174. Some commenters argue that the Communications Act prohibits 
the Commission from requiring overlay licensees to make accelerated 
relocation payments because Section 309(j) of the Act requires that 
``all proceeds from the use of a competitive bidding system under this 
subsection shall be deposited in the Treasury.'' The Commission 
disagrees that this statutory provision would preclude such relocation 
payments. Under the rules the Commission adopts, all proceeds from the 
public auction will indeed be deposited in the Treasury in accordance 
with the requirements of the Act. By contrast, accelerated relocation 
payments are not ``proceeds'' of the auction. Instead, they will flow 
from the new licensees to the incumbents. This is precisely the 
arrangement that courts have upheld in the Emerging Technologies 
framework, and precisely the framework that allows us to require 
incumbents to make any relocation payments. The Commission does not 
read OTI as arguing that all relocation payments are prohibited--doing 
so would significantly hinder the Commission's work to manage spectrum 
in the public interest in a variety of bands and contexts (and would 
contradict the clear line of judicial precedent that has affirmed the 
Commission's authority to require such payments). And we cannot see why 
the language of Section 309(j) should treat one form of relocation 
payment as proceeds but not another, so long as all are tied to 
facilitating the swift and efficient transition of incumbents out of 
the band.
    175. Some parties argue that earth station operators should receive 
accelerated relocation payments in exchange for expedited clearing as 
well. The Commission finds such arguments unavailing. Based on the 
record, the Commission anticipate that clearing any given incumbent 
earth station will be a relatively quick process--and will take far 
less time than the deadlines we establish for the transition. Instead, 
it is the fact that incumbent space station operators must account for 
the operational logistics of hundreds if not thousands of incumbent 
earth stations that make the overall transition significantly longer 
than it would take to transition a single earth station. And indeed, 
the Commission already requires incumbent space station operators that 
elect Accelerated Relocation to take upon themselves responsibility for 
transitioning all incumbent earth station operators that receive their 
services--they must coordinate with incumbent earth station registrants 
to perform any necessary system modifications, repointing, or retuning 
to receive transmissions that have been migrated to the upper portion 
of the band. The Commission thus finds that incumbent earth station 
operators can and will transition in a timely manner without the need 
for accelerated relocation payments.
    176. Compensable Relocation Costs. The Commission next sets forth 
guidelines for compensable costs, i.e., those reasonable relocation 
costs for which incumbent space station operators and incumbent earth 
station operators can seek reimbursement. Consistent with Commission 
precedent, compensable costs will include all reasonable engineering, 
equipment, site and FCC fees, as well as any reasonable, additional 
costs that the incumbent space station operators and incumbent earth 
station operators may incur as a result of relocation.
    177. The Commission expects incumbents to obtain the equipment that 
most closely replaces their existing equipment or, as needed, provides 
the targeted technology upgrades necessary for clearing the lower 300 
megahertz, and all relocation costs must be reasonable. ``Reasonable'' 
relocation costs are those necessitated by the relocation in order to 
ensure that incumbent space station operators continue to be able to 
provide substantially the same or better service to incumbent earth 
station operators, and that incumbent earth station operators continue 
to be able to provide substantially the same service to their customers 
after the relocation compared to what they were able to provide before. 
For example, parties have indicated that upgrades such as video 
compression, modulation/coding, and HD to SD down-conversion at 
downlink locations, may be necessary to accomplish efficient clearing--
particularly in an accelerated timeframe. So long as the costs for 
which incumbents are seeking reimbursement are reasonably necessary to 
complete the transition in a timely manner (and reasonable in cost), 
such expenses would be compensable. Similarly, the Commission expects 
that some incumbents will not be able to replace older, legacy 
equipment with equipment that is exactly comparable in terms of 
functionality and cost because of advances in technology and because 
manufacturers often cease supporting older equipment. Incumbents may 
receive the reasonable replacement cost for such newer equipment to the 
extent it is needed to carry out the transition--and the Commission 
intends to allow reimbursement for the cost of that equipment and 
recognize that this equipment necessarily may include improved 
functionality beyond what is necessary to clear the band. In contrast, 
the Commission does not anticipate allowing reimbursement for equipment 
upgrades beyond what is necessary to clear the band. For example, if an 
incumbent builds additional functionalities into replacement equipment 
that are not needed to facilitate the swift transition of the band, it 
must reasonably allocate the incremental costs of such additional 
functionalities to itself and only seek reimbursement for the costs 
reasonably allocated to the needed relocation.
    178. The Commission recognizes that incumbents may attempt to gold-
plate their systems in a transition like this. Incumbents will not 
receive more reimbursement than necessary, and the Commission requires 
that, to qualify for reimbursement, all relocation costs must be 
reasonable. This requirement should give incumbents sufficient 
incentive to be prudent and efficient in their expenditures. If a 
particular expenditure is unreasonable, the incumbent will only receive 
compensation for the reasonable costs that the incumbent

[[Page 22829]]

would have incurred had it made a more prudent decision.
    179. Similarly, the Commission will not reimburse incumbent 
licensees for the speculative value of any business opportunities that 
they claim they would lose as a result of the transition. Since the 
incumbent space station operators will be able not only to maintain 
their current level of service after the transition, but to potentially 
serve new clients by employing point technology and adopting other 
network efficiencies, the Commission finds that there will be no 
compensable loss of business opportunity over and above their actual 
costs associated with the transition. Compensating licensees for 
speculative claims of future loss would be inconsistent with 
established Commission precedent and would not serve the public 
interest.
    180. As in prior cases, the Commission will allow reimbursement of 
some ``soft costs''--``legitimate and prudent transaction expenses'' 
incurred by incumbents ``that are directly attributable'' to 
relocation. The Commission defines soft costs as transactional expenses 
directly attributable to relocation, to include engineering, 
consulting, and attorney fees, as well as costs of acquiring financing 
for clearing costs. This is consistent with suggestions from some 
commenters that the Commission should allow recovery of soft costs for 
relocation expenses.
    181. In some prior proceedings, the Commission has subjected 
``soft'' costs to a cap of 2% of the hard costs involved. Without a 
limit, ``soft cost'' transaction expenses such as engineering and 
attorney fees, could easily eclipse the ``hard costs'' of relocation, 
particularly for the thousands of incumbent earth stations that must be 
filtered, retuned, or repointed. A limit on transaction expenses can 
encourage transition efficiency, as many incumbent earth station 
operators own or manage multiple incumbent earth stations and thus have 
the ability to identify and implement economies of scale. Rather than a 
hard cap, the Commission finds it reasonable to establish a rebuttable 
presumption that soft costs should not exceed 2% of the relocation hard 
costs. This way, an incumbent may demonstrate that any fees in excess 
of 2% were reasonably and unavoidably incurred--and thus properly 
compensable. Establishing a rebuttable presumption is consistent with 
the Commission's approach in the 800 MHz Rebanding proceeding, in which 
the Commission used 2% of the hard costs as a ``useful guideline for 
determining when transactional costs are excessive or unreasonable and 
charge[d] the Transition Administrator to give a particularly hard look 
at any request involving transactional costs that exceed two percent.'' 
As discussed below, the Commission will establish a Relocation Payment 
Clearinghouse that can serve ``as a watchdog over excess transactional 
costs.'' Parties seeking reimbursement for soft costs that exceed 2% 
shall bear the burden of justifying these expenses.
    182. For incumbent space station operators, flexible-use licensees 
will be required to reimburse eligible space station operators for 
their actual relocation costs, as long as they are not unreasonable, 
associated with clearing the lower 300 megahertz of the band while 
ensuring continued operations for their customers. First, the 
Commission expects that procuring and launching new satellites may be 
reasonably necessary to complete the transition. These new satellites 
will support more intensive use of the 4.0-4.2 GHz band after the 
transition. Second, incumbent space station operators will also need to 
consolidate their TT&C sites--to a maximum of four facilities in the 
contiguous United States--and reduce the number of gateway facilities. 
The costs involved with this consolidation process may include the 
installation of additional antennas at these facilities, procurement of 
new real estate, and support for customer migration to the relocated 
facilities. Third, the Commission expects that incumbent space station 
operators will need to install compression and modulation equipment at 
their terrestrial facilities to make more efficient use of spectrum 
resources and ensure that they are able to provide a consistent level 
of service after the transition. All of these migration tasks must be 
coordinated with the earth station transition process to ensure that 
earth stations are able to receive existing C-band services during and 
after the transition.
    183. The Commission reiterates that compensable relocation costs 
are only those that are reasonable and needed to transition existing 
operations in the contiguous United States out of the lower 300 
megahertz of the C-band. In order to meet this standard and qualify as 
eligible for relocation cost reimbursements, an incumbent space station 
operator must have demonstrated, no later than February 1, 2020, that 
it has an existing relationship to provide service via C-band satellite 
transmission to one or more incumbent earth stations in the contiguous 
United States. These existing relationships could include, for example, 
contractual obligations to provide C-band service to be received at a 
specific earth station location. And these existing relationships need 
not be direct but could include indirect relationships through content 
distributors or other entities, so long as the relationship requires 
the provision of C-band satellite services to one or more specific 
incumbent earth stations in the contiguous United States. Based on the 
record, only five incumbent space station operators have such 
operations: Eutelsat, Intelsat, SES, Star One, and Telesat. The 
Commission does not expect any other incumbent space station operators 
to need to incur any relocation costs, and thus the Commission does not 
expect them to be eligible for relocation payments. Nonetheless, such 
operators may be compensated for reasonable relocation costs should 
they demonstrate that those costs were truly required as a direct 
result of the transition of existing C-band services provided to one or 
more incumbent earth stations in the contiguous United States.
    184. For incumbent earth station operators, the Commission expects 
the transition will require two types of system changes that may occur 
separately or simultaneously: Earth station migration and earth station 
filtering. First, earth station migration includes any necessary 
changes that will allow the earth stations to receive C-band services 
on new frequencies or from new satellites once space station operators 
have relocated their services into the upper portion of the band. For 
example, in instances where satellite transmissions need to be moved to 
a new frequency or to a new satellite, earth stations currently 
receiving those transmissions may need to be retuned or repointed in 
order to receive on the new frequencies or from the new satellite. Such 
a transition requires a ``dual illumination'' period, during which the 
same programming is simultaneously downlinked over the original 
frequency or satellite and over the new frequency or satellite so that 
the receiving earth station can continue receiving transmissions from 
the original frequency or satellite until it retunes or repoints the 
antenna to receive on the new frequency or satellite. Earth station 
migration may also require the installation of new equipment or 
software at earth station uplink and/or downlink locations for 
customers identified for technology upgrades necessary to facilitate 
the repack, such as compression technology or modulation. Second, 
passband filters must be installed on all existing earth

[[Page 22830]]

stations to block signals from adjacent channels and to prevent harmful 
interference from new flexible-use operations. Earth station filtering 
can occur either simultaneously with, or after, the earth station 
migration. All of these earth station migration actions must be 
coordinated with satellite transponder clearing in order for earth 
stations to continue receiving existing C-band services during and 
after the transition. As such, the Commission expects relocation costs 
to include the cost to migrate and filter earth stations, including 
costs to retune, repoint, and install new antennas and install filters 
and compression software and hardware. The Commission clarifies that 
incumbent earth station operators will include some gateway earth 
station operators who are likewise eligible for reasonable relocation 
costs, and the Commission recognizes that their reasonable relocation 
costs may differ from those of non-gateway earth stations.
    185. Some commenters request that the Commission give incumbent 
earth station operators flexibility to replace existing earth stations 
with fiber in their transition planning. The Commission agrees that 
providing incumbent earth station operators flexibility may allow them 
to make efficient decisions that better accommodate their needs. But 
the Commission also recognizes that replacing existing C-band 
operations with fiber or other terrestrial services may be, for some 
earth stations, more expensive by an order of magnitude. As such, 
incumbent earth station operators will have a choice: They may either 
accept reimbursement for the reasonable relocation costs by maintaining 
satellite reception or they may accept a lump sum reimbursement for all 
of their incumbent earth stations based on the average, estimated costs 
of relocating all of their incumbent earth stations. Incumbent earth 
station owners that elect the lump sum payment will not be eligible to 
submit estimated or actual reasonable relocation costs to the 
Clearinghouse. The Commission requires incumbent earth station 
operators (including any affiliates) to elect one of these two options, 
which must apply to all of each earth station operator's earth stations 
in the contiguous United States in order to prevent any improper cost 
shifting. And the Commission requires the decision to accept a lump sum 
reimbursement to be irrevocable--by accepting the lump sum, the 
incumbent takes on the risk that the lump sum will be insufficient to 
cover all its relocation costs--to ensure that incumbents have the 
appropriate incentive to accept the lump sum only if doing so is truly 
the more efficient option. While earth station operators that elect the 
lump sum payment will be responsible for performing any necessary 
transition actions, earth station operators that elect the lump sum 
payment must complete relocation consistent with the space station 
operator's deadlines (Phase I and Phase II Accelerated Relocation 
Deadlines to the extent applicable) for transition.
    186. The Commission directs the Wireless Telecommunications Bureau 
to announce the lump sum that will be available per incumbent earth 
station as well as the process for electing lump sum payments. The 
Bureau should identify lump sum amounts for various classes of earth 
stations--e.g., MVPDs, non-MVPDs, gateway sites--as appropriate. 
Incumbent earth station owners must make the lump sum payment election 
no later than 30 days after release of the announcement, and must 
indicate whether each incumbent earth station for which it elects the 
lump sum payment will be transitioned to the upper 200 megahertz in 
order to maintain C-band services or will discontinue C-band services.
    187. The Commission reiterates that compensable relocation costs 
are only those that are reasonable and needed to transition existing 
operations in the contiguous United States out of the lower 300 
megahertz of the C-band. The Commission stresses that, parties should 
seek cost reimbursement pursuant to the process outlined in this Report 
and Order for relocation costs outside of the contiguous United States, 
they must demonstrate that they were required to make the system 
modifications for which they seek reimbursement as a direct result of 
the transition in the contiguous United States to make spectrum 
available for flexible use.
    188. Estimated Relocation Costs of the FSS Transition.--The 
Commission finds it appropriate to provide potential bidders in its 
public auction with an estimate of the relocation costs that they may 
incur should they become overlay licensees. The Commission cautions 
that its estimates are estimates only, and the Commission makes clear 
that overlay licensees will be responsible for the entire allowed costs 
of relocation--even to the extent that those costs exceed the estimated 
range of costs.
    189. The record contains estimates of the total clearing cost 
ranging from about $3 billion to about $6 billion. Based on the current 
record, the Commission believes that reasonable estimated costs will 
include the following ranges, subject to further reevaluation when the 
Commission creates and releases the cost category schedule. With 
respect to satellite procurement and launch costs, the Commission 
believes that $1.28 billion to $2.5 billion is a reasonable estimated 
range. This accounts for $160-$250 million in capital costs for each 
satellite, the high and low ranges provided by the C-Band Alliance and 
SES, respectively, and the estimated range of eight to ten additional 
satellites. With respect to earth station costs, the Commission finds 
that a range of $1 billion to $2 billion is a reasonable estimate for 
repacking transponders, filter installing, re-pointing earth station 
dishes, and antenna feeding. This would account for the lower-end 
estimates provided by the C-Band Alliance and the upper-end estimates 
provided by ACA Connects. With respect to MVPD compression hardware, 
the Commission finds $500-$520 million to be a reasonable estimated 
range. This is consistent with ACA Connects' estimate of about $10,000 
per transcoder and its claim that about 20 transcoders will be needed 
at each of 2,600 MVPD locations. It is also consistent with the C-Band 
Alliance's estimate of $500 million for compression costs. This leads 
to a total clearing cost estimate ranging from about $3.3 billion to 
$5.2 billion.
    190. Accelerated Relocation Payments.--The Commission next 
addresses the amount of accelerated relocation payments that each 
eligible incumbent space station operator would receive if the 
Accelerated Relocation Deadlines are met.
    191. The Commission starts by noting that predictions of the prices 
that will be paid for licenses to operate on this spectrum vary widely 
both in the record and in publicly available reports. On the low side, 
the Public Interest Spectrum Coalition estimates a range of $0.065 to 
$0.196 per MHz-pop and the Brattle Group suggests a range of $0.003 to 
$0.415 per MHz-pop from recent international C-band auctions. On the 
high side, the C-Band Alliance recently submitted a report by NERA 
Economic Consulting that estimates $0.50 to $0.90 per MHz-pop. In the 
middle, Kerrisdale Capital Management analyzed C-band auction revenues 
in three other advanced industrial economies to estimate $0.50 per MHz-
pop and the American Action Forum estimate a range topping out at 
$0.597 per MHz-pop based on an econometric analysis of previous 
auctions.
    192. It is thus no surprise that the commenters have proposed a 
wide range of values for accelerated relocation payments. On the low 
side, Eutelsat proposes making $2.75 billion

[[Page 22831]]

available for ``premium'' payments for accelerated relocation. On the 
high side, the C-Band Alliance essentially argues that incumbent space 
station operators should receive a 50-50 split of auction revenues, or 
a $21.5 to $38.5 billion accelerated relocation payment, on the theory 
that incumbent space station operators should receive an equal part 
given the sale of their ``asset.'' The Commission notes, however, that 
the C-Band Alliance's analysis is based on the assumption that the 
Commission otherwise set a relocation deadline for FSS operations of 10 
years.
    193. The Commission notes, as a preliminary matter, that the C-Band 
Alliance's proposal seems to misunderstand the purpose of accelerated 
relocation payments. Incumbent space station operators are not 
``selling'' their spectrum usage rights--instead they have the right to 
provide the services they currently offer going forward. Indeed, they 
have no terrestrial spectrum usage rights to ``sell.'' Furthermore, the 
transition we adopt, including relocation payments, will make them 
whole during and after that transition. The Commission's responsibility 
is to set an accelerated relocation payment that fairly incentivizes 
incumbent space station operators to expedite the transition while 
increasing the value of the entire transition effort for the American 
public.
    194. The Commission starts by examining the value to the American 
public of an accelerated transition. Specifically, if all eligible 
space station operators are able to hit the Phase I Accelerated 
Relocation Deadline, then terrestrial operations by overlay licensees 
can commence in the lower 100 megahertz of the band in 46 PEAs 
(covering 58% of the population of the contiguous United States) by 
December 5, 2021 rather than December 5, 2023 (the Phase II deadline). 
And if all eligible space station operators are able to hit the Phase 
II Accelerated Relocation Deadline, then terrestrial operations by 
overlay licensees can commence throughout the contiguous United States 
by December 5, 2023 rather than by December 5, 2025 (the Relocation 
Deadline).
    195. One useful exercise to frame an appropriate accelerated 
relocation payment would be to estimate the price that overlay 
licensees would willingly pay for an earlier transition, assuming that 
the free-rider and holdout problems could be overcome. Making the 
spectrum available to a licensee earlier increases the potential 
producer surplus earned by the licensee because it can begin to provide 
services to consumers on that spectrum sooner, thereby granting a 
specific commercial benefit to a new overlay licensee. So long as the 
Commission sets the accelerated relocation payment as a fraction of the 
bidder's expected incremental profits from deploying spectrum earlier, 
overlay licensees will themselves benefit even after making the 
accelerated relocation payment. In other words, if the Commission 
treats an estimated willingness to pay as an upper bound, allowing for 
an accelerated relocation payment in the amount specified would make 
overlay licensees no worse off and would likely make them better off 
for each year they received their new licenses earlier.
    196. To establish a reasonable estimate of the price that overlay 
licensees would willingly pay to accelerate relocation, the Commission 
extrapolates the increase in expected profits from having access to the 
spectrum and the ability to deploy earlier than the Relocation 
Deadline. To do this, the Commission observes that the difference 
between an amount of money received at date T2 and the same 
amount received at an earlier date T1 is simply the 
accumulated interest that can be earned by investing the amount at date 
T1, and holding it until date T2.\16\ If S is the 
present value of an infinite stream of profits associated with 
deploying a spectrum license, then the additional value, A, of 
accelerating the date when spectrum license is available to 
T1, as opposed to T2, is the accumulated interest 
earned from the stream S between those two periods. Mathematically, the 
additional value of accelerating an income stream, S, by m months, 
where the industry annual weighted average cost of capital is r with 
interest compounded monthly is given by: A = [(1+r/12)m-1]S.\17\
---------------------------------------------------------------------------

    \16\ For example, the additional benefit of receiving $100 at 
the beginning of year 4 instead of year 5 if the interest rate were, 
say, 3% compounded annually, is simply .03 x $100 = $3, and the 
total value of receiving that amount at the start of year 4 is 
simply (1 + .03) x $100 = $103. Similarly, the total value of 
receiving $100 in year 3 instead of year 5 would be (1 + .03)\2\ x 
$100 = $106.10, and the incremental value of receiving the $100 two 
years early would be [(1 + .03)\2\-1] x $100 = $6.10.
    \17\ As an example, if a portion of a profit stream that was 
worth say $15 was accelerated by 42 months, and the weighted cost of 
capital was 7%, then the benefit from accelerating that payment is 
given by: A = [(1+.07/12)\42\-1] x $15 = $4.15. For ease of 
calculation, we assume monthly compounding.
---------------------------------------------------------------------------

    197. To apply these observations in this context, the Commission 
uses a weighted average cost of capital of 8.5%, consistent with our 
precedent. The Commission also uses the index of PEA weights adopted by 
the Commission in the 39 GHz reconfiguration proceeding that were based 
on the 600 MHz, 700 MHz, and AWS-3 auctions to estimate that the 46 
PEAs that are cleared by the Phase I Accelerated Relocation Deadline 
account for 77% of the total value of the first 100 megahertz cleared. 
Finally, the Commission estimates the present value of future profits 
that licensees expect to receive from their overlay licenses in 2025 
(the Relocation Deadline) to be $0.50 per MHz-pop. The Commission finds 
this to be a reasonable estimate given the wide range of valuations in 
the record--which notably do not account for the spectrum potentially 
not becoming available until the Relocation Deadline nor for the 
additional costs of clearing this spectrum in the contiguous United 
States. Applying the general formula to the facts at hand then yields 
an estimated increase in economic profits for an accelerated relocation 
of approximately $10.52 billion.
    198. Given the record, the Commission finds that a $9.7 billion 
accelerated relocation payment is reasonable and will serve the public 
interest. The Commission recognizes that the Commission could find 
reasonable several of the methods advocated in the record for 
calculating the total size of the accelerated relocation payment, and 
in doing so, it would need to rely on estimates on several variables 
such as increased willingness to pay for the spectrum, potential future 
industry profits for flexible use licensees, spectrum valuation, and 
the costs of accelerated transitioning. Ultimately, the Commission 
recognizes that this determination is a line-drawing exercise, in which 
it must attempt to establish an amount that is less than the 
incremental value to new entrants of accelerating the clearing deadline 
but large enough to provide an effective incentive to incumbent space 
station operators to complete such accelerated clearing. The Commission 
finds that a $9.7 billion accelerated relocation payment strikes the 
appropriate balance between these considerations and the amounts 
advocated in the record. Although some incumbent space station 
operators have argued for significantly more, the Commission finds that 
$9.7 billion is reasonably close--but still falls below the total 
amount we conservatively estimate that overlay licensees themselves 
would be willing to pay to clear this spectrum early and less than the 
additional profits overlay licensees expect to earn as a result of the 
accelerated clearing. This helps ensure that the Commission does not 
impose an obligation on overlay licensees that the

[[Page 22832]]

Commission is not convinced they would have assumed on their own in the 
typical Emerging Technologies scenario in which voluntary accelerated 
relocation payments would be feasible.
    199. Commenters challenge our decision to establish a $9.7 billion 
payment for accelerated relocation from two directions. Intelsat argues 
the amount is too low, while the Small Satellite Operators argue that 
the amount of the payment is too high. The Commission rejects these 
arguments. Set against one another, these competing arguments 
illustrate the complex policy considerations at issue and how our 
chosen accelerated relocation payment balances these competing 
concerns.
    200. At the outset, each party questions how long relocation should 
take without any accelerated relocation payments. The Commission has 
already explained at length our reasoning for selecting the deadlines 
we do: The Relocation Deadline the Commission chooses reflects the 
balance between bringing C-band spectrum to market quickly (and thus 
not setting an excessively long transition) and ensuring no disruption 
to the C-band content distribution market that hundreds of millions of 
Americans currently rely on C-band services (and thus not setting a too 
short mandatory transition). Hence the Commission disagrees with each 
party that we should adjust the acceleration periods at issue in 
calculating accelerated relocation payments.
    201. Next, parties challenge the decision to establish an upper 
bound at the overlay licensees' willingness to pay for the early 
clearing of spectrum. On the one hand, Intelsat argues that this 
ceiling is too low--and that focusing only on the economic benefit to 
new licensees ignores potential benefits to American consumers from the 
rapid deployment of 5G. The Small Satellite Operators, on the other 
hand, argue that this willingness-to-pay ceiling is too high. They 
argue that the upper bound must be ``proportionate to the cost of 
providing comparable facilities.'' The Commission finds that both 
parties misunderstand the Emerging Technologies framework.
    202. The Commission agrees that it must take into account the 
tremendous public benefits of authorizing terrestrial use of this mid-
band spectrum--but that does not mean the Commission's ability to 
impose obligations on overlay licensees is unbounded. Instead, the 
Commission reads its precedent as recognizing the justification for 
accelerated relocation payments only to the extent that willing market 
actors (free from holdout and free-rider problems) would pay for 
accelerated relocation. And in the end, no rational licensee would pay 
more than the amount they stood to gain from earlier access to the 
spectrum--regardless of whatever value was created for third parties.
    203. The Commission does not read the language quoted as limiting 
the Commission's authority under the Emerging Technologies framework 
but instead just recognizing how the Commission applied that framework 
in one particular context. In that case the Commission had established 
guidelines for good-faith negotiations that limited incumbents' ability 
to demand ``premium payments'' that were not proportionate to the cost 
of providing comparable facilities. But as the court recognized in 
Teledesic, the Commission added that limitation as a check against 
holdout problems created by mandatory good-faith negotiations. Here the 
Commission chooses a different approach to address the problem of 
holdouts as well as the free-rider problem inherent to this transition. 
And by estimating the willingness of overlay licensees to make 
accelerated relocation payments, the Commission avoids the need for a 
lengthy period of mandatory negotiations before mandatory relocation--
which the Commission estimates will bring about significant benefits to 
the public of making this spectrum available for terrestrial use much 
sooner.
    204. Parties challenge the determination that an acceleration 
payment total of $9.7 billion strikes the appropriate balance. The 
Small Satellite Operators argue that it is too much, while Intelsat 
argues that it is not enough. To some extent both parties are correct: 
There is no precise science that allows the Commission to arrive at the 
``right'' accelerated relocation payment total. But that is in large 
part because eligible space station operators have had every incentive 
not to disclose precisely how high an accelerated relocation payment 
must be for them to accept it. As these arguments make plain, the 
Commission's determination of an acceleration payment is a line-drawing 
exercise that balances a number of competing considerations. The 
accelerated relocation payment of $9.7 billion is an $800 million 
reduction from the estimated total willingness of flexible use 
licensees to pay $10.52 billion for earlier access to this spectrum. 
Allocating the vast majority of the estimated total willingness to pay 
to satellite operators (1) maximizes the possibility that such a 
payment will be sufficient to incent early clearing (2) while not 
exceeding the estimated value of acceleration to new licensees, and (3) 
accounts, to some extent, for a relatively conservative estimate of the 
value of the underlying spectrum. Of course, the Commission might have 
chosen a number lower than $9.7 billion, to gamble that space station 
operators might accept a lower price. But the smaller the payment the 
greater the risk that such a payment will be insufficient to incent 
earlier clearing. In light of the enormous benefit that the rapid 
deployment of 5G will confer on American consumers, and the costs of 
delaying such deployment for even one additional year, the Commission 
has chosen the figure that most minimizes that risk. While this 
exercise is necessarily imprecise, the Commission believes that $9.7 
billion threads the needle through all of the considerations raised by 
the Small Satellite Operators, Intelsat, others in the record, as well 
as its own predictive judgment on what is necessary here.
    205. The Commission also finds it necessary to specify the specific 
accelerated relocation payments that will be offered to each of the 
eligible space station operators so that each can make an intelligent 
decision whether to elect to participate in the accelerated relocation 
process. To accelerate clearing, each space station operator will need 
to engage in a complex and iterative process of coordinating between 
its programmer customers and incumbent earth stations, allocating 
resources to effectuate changes in both the space station and earth 
station segments of the FSS network, and orchestrating changes both in 
space and on the ground in order to ensure continuous and uninterrupted 
delivery of content. Given that these burdens will fall more heavily on 
some space station operators than others, the Commission finds that the 
most appropriate basis on which to allocate accelerated relocation 
payments among eligible space station operators is to estimate the 
relative contribution that each eligible space station operator is 
likely to make towards accelerating the transition of the 3.7-3.98 GHz 
band to flexible use and clearing the 3.98-4.0 GHz band, assuming all 
other operators accelerate their clearing. To that end, the Commission 
examines several pieces of evidence in the record.
    206. To start, the Commission finds the best evidence in the record 
is a confidential 2019 report prepared by an independent accounting 
firm on behalf of the C-Band Alliance, which SES has submitted into the 
record. Based on data provided by C-Band Alliance members, this report 
purports to calculate each member of the C-Band Alliance's

[[Page 22833]]

contribution to clearing (based in part on qualifying 2017 revenue) for 
the purpose of determining the share that each C-Band Alliance member 
would receive as a result of this proceeding. The Commission can think 
of no better evidence of the C-Band Alliance members' own understanding 
of their relative contribution to clearing than their own market-based 
assessment of the relative value that each member should derive from 
the process of freeing up this spectrum for flexible use. While many 
variables might enter into any valuation of contribution to clearing--
such as each operator's relative number of earth stations, transponder 
usage, revenue, coverage, or other factors--the C-Band Alliance members 
were best situated to take all those variables into account in 
assigning allocations representing each member's valuation of its 
entitlement to a percentage of the proceeds from a private sale. The 
Commission calls this the ``the market-based agreement'' factor (note 
the Commission does not apply this factor to Star One, which was not a 
party to this agreement).
    207. Intelsat objects to any reliance on this report and its prior 
agreement with SES, Eutelsat, and Telesat on how to approach a swift 
transition of the C-band. The Commission finds Intelsat's objections to 
the 2019 report unpersuasive. For one, Intelsat objects that the 
methodology of the report was premised largely on an assumption that 
SES and Intelsat had equal market share. That may be true--but that 
does not explain why Intelsat agreed to such an assumption just last 
year (nor what it has learned since then). Indeed, whatever the precise 
inputs underlying the confidential 2019 report, the ultimate findings 
were ratified by each member of the C-Band Alliance at the time--
including Intelsat. For another, Intelsat points out that the 
confidential report was developed in the context of a private sale 
proposal in which the C-Band Alliance would receive a single payment 
for both clearing in an accelerated manner and relocation costs. But 
the Commission fails to see the relevance of these distinctions. For 
example, the Commission separately accounts for relocation payments 
from accelerated relocation payments in this Report and Order--but 
Intelsat provides no evidence, nor does any appear on the face of the 
report, that the relative contributions of each operator depended on 
relative relocation costs (nor does Intelsat explain why the separate 
treatment of such costs merits greater (or lesser) allocation of 
accelerated relocation payments). As another example, the Commission 
does not see why the negotiation of these allocations in the context of 
a private sale approach would fail to capture the contributions of the 
various signatories to another approach--like the public auction 
approach the Commission adopts herein. Indeed, the Commission finds the 
fact that these numbers were negotiated between experienced space 
station operators in the context of a concrete plan to clear the C-band 
for terrestrial use makes them more reliable, not less, as evidence of 
relative contribution to clearing. In short, despite Intelsat's recent 
protestations, the Commission finds the report is the single best proxy 
that we have for determining the relative contribution of each eligible 
space station operator (at least those four that signed the agreement) 
to accelerating the process of repurposing this spectrum.
    208. Next, the Commission finds that transponder usage provides 
another proxy for the relative contributions of each space station 
operator to clearing. At a high level, the amount of transponder usage 
should correspond to the amount of traffic that the operator needs to 
repack--and space station operators with more traffic are likely to 
serve a greater number of earth stations with more content. And the 
Commission has reliable data for relative transponder usage: Satellite 
operators submitted confidential usage information in response to the 
Commission's May 2019 request for information on satellite use of the 
C-band. FSS space station licensees with C-band coverage of the United 
States or grants of market access were required to submit the average 
percentage of each transponder's capacity (megahertz) used and the 
maximum percentage of capacity used for each day in March of 2019. From 
this data the Commission can calculate the average megahertz of 
transponder usage as well as the usage shares for each satellite 
operator. The Commission thus includes transponder usage in its 
calculations because the Commission believes that it is a reliable 
proxy of the amount of traffic all eligible incumbent space station 
operators need to repack, as well as their relative contribution to 
accelerated clearing.
    209. Third, the Commission takes into account each eligible space 
station operator's coverage of the contiguous United States with its C-
band satellites. All operators with existing FSS space station licenses 
or grants of United States market access in the 3.7-4.2 GHz band also 
have equal access to the 280 megahertz of spectrum designated to 
transition to flexible use and the 20-megahertz guard band and an equal 
ability to serve customers in this band. Due to this shared licensing 
structure, all eligible space station operators serving incumbent earth 
stations in the contiguous United States will need to play a role in 
the transition and must cooperate to transition the spectrum 
successfully. This factor is, therefore, a very rough proxy for the 
myriad tasks that all eligible space station operators must undertake 
to clear the spectrum and for the fact that one of the eligible space 
station operators does not transmit to the full contiguous United 
States.
    210. Finally, the Commission notes that there is no single correct 
weight to apply to each of these three factors. The Commission places 
the most significant weight on the market-based agreement factor 
because it reflects the parties' own valuation of each operator's 
relative contribution to clearing. But in acknowledgment of Intelsat's 
reservations about using the 2019 report, the fact that the report does 
not consider one eligible space station operator (Star One) because it 
wasn't a member of the C-Band Alliance, and the fact that the 
Commission does not have access to the underlying inputs evaluated by 
the independent auditor, the Commission is also assigning some weight 
to transponder usage and coverage separately. Among these two factors, 
the Commission finds that transponder usage, which reflects actual 
usage of the band, greatly outstrips (by an order of magnitude) the 
value of the third factor (coverage).\18\ Thus, the Commission 
specifies the allocations as follows:
---------------------------------------------------------------------------

    \18\ We round all payments to the nearest thousand dollars and 
therefore the payment total does not sum exactly to $9.7 billion. 
Because we rely on confidential information in calculating these 
allocations and find that disclosing the relative weights placed on 
each factor could inadvertently disclose that confidential 
information to operators with knowledge of their own information, we 
reserve our discussion of the precise numbers involved in our 
calculations to a confidential appendix. And because Star One was 
not a signatory of the market-based agreement, we allocate the 
weight that would otherwise apply to that factor to the second most 
important factor (transponder usage) for its calculation and 
normalize all calculations to take this into account.

[[Page 22834]]



                                   Accelerated Relocation Payment by Operator
----------------------------------------------------------------------------------------------------------------
                                                              Payment        Phase I payment    Phase II payment
----------------------------------------------------------------------------------------------------------------
Intelsat...............................................     $4,865,366,000     $1,197,842,000     $3,667,524,000
SES....................................................      3,968,133,000        976,945,000      2,991,188,000
Eutelsat...............................................        506,978,000        124,817,000        382,161,000
Telesat................................................        344,400,000         84,790,000        259,610,000
Star One...............................................         15,124,000          3,723,000         11,401,000
                                                        --------------------------------------------------------
    Totals.............................................      9,700,001,000      2,388,117,000      7,311,884,000
----------------------------------------------------------------------------------------------------------------

    211. The Clearinghouse will distribute the accelerated relocation 
payments to each eligible space station operator according to the 
amounts provided in the table. The Commission allocates roughly 25% of 
each operator's accelerated relocation payment to the completion of 
Phase I and 75% to the completion of Phase II. This split corresponds 
to the value of accelerated relocation that space station operators 
will need to make at each respective deadline. To be specific, the 
value of Phase II accelerated relocation (vis-[agrave]-vis relocation 
by the Relocation Deadline) is accelerating relocation of all 280 
megahertz of spectrum across the contiguous United States by two years. 
Using the acceleration formula discussed above, this represents 75.38% 
of the total value to bidders of accelerated relocation. The value of 
Phase I accelerated relocation (vis-[agrave]-vis relocation by the 
Phase II Accelerated Relocation Deadline) is accelerating the 
relocation of 100 megahertz of spectrum in the 46 Phase I PEAs by two 
additional years. This represents 24.62% of the total value of bidders 
of accelerated relocation. The Commission notes that allocating the 
Phase I and Phase II payments this way maximizes the incentive for 
incumbent space station operators to complete the full Phase II 
transition in a timely manner, ensuring that all Americans get early 
access to next-generation uses of the 3.7 GHz band.
    212. Taken together, the Commission finds that the three measures 
above should reflect--directly or by proxy--a variety of inputs, 
including relative contribution shares to relocation, population 
coverage in the contiguous United States, traffic, and number of earth 
stations served. These measures incorporate the best data presently 
available to the Commission on which to estimate the contributions of 
each eligible space station operator to the accelerated relocation 
process. Whatever the shortcomings of each individual measure or 
dataset, the Commission finds that these three measures considered 
together provide a reasonable approximation of the eligible space 
station operators' respective contributions, and therefore a reasonable 
basis on which to apportion accelerated relocation payments.
    213. The Commission also finds that several alternative methods 
advocated by space station operators for allocating accelerated 
relocation payments are less reliable and objective than those the 
Commission relies on. For example, several parties suggest that the 
Commission should rely upon C-band revenues in measuring relative 
contributions, with Intelsat claiming that ``revenue earned with 
respect to the current use of C-band spectrum in the contiguous 48 
states provides a reasonable proxy for every one of the factors cited 
by the FCC for value being created by accelerated clearing: The number 
of customers, the amount of encumbered spectrum; the scope of incumbent 
earth stations served; content-distribution revenues; population of the 
United States; and traffic.'' Although the Commission agrees that such 
revenues ordinarily would be closely correlated with traffic and a good 
proxy for a variety of other factors relevant to an eligible space 
station operator's estimated contribution--the record is largely bereft 
of such data. Intelsat itself, for example, has failed to file any 
reliable revenue or revenue share data. Instead, it estimates its own 
C-band revenues based on average usage as well as its own assertion 
that it has higher average wholesale prices than its competitors. The 
only other source evident of Intelsat's market share is a public report 
from Kerrisdale Capital Management that estimates Intelsat to have a 
roughly equal share with SES--although that report did not claim its 
estimates were particularly precise. In short, the Commission fails to 
see the value in relying on these incomplete and not-particularly-
reliable proxies for revenue shares, especially given that actual 
revenue share itself is but a proxy for each operator's relative 
contribution to accelerated relocation.\19\
---------------------------------------------------------------------------

    \19\ Ironically enough, the confidential report filed by SES 
does contain estimated (and audited) revenue shares for one space 
station operator, SES Feb. 20, 2020 Ex Parte, Attach. B 
(confidential), and to its credit, Intelsat does acknowledge as 
such, Intelsat Feb. 21, 2020 Ex Parte at 3. But to the extent such 
information is valuable, we find it better to incorporate it 
directly through the market-based agreement factor described above 
rather than by placing this information on par with other unreliable 
information about revenue shares from elsewhere in the record.
---------------------------------------------------------------------------

    214. Or consider the C-Band Alliance's suggestion to allocate based 
on the number of incumbent earth station C-band feeds in the contiguous 
United States. Whatever the merits of such an approach (including the 
decision to count feeds, not incumbent earth stations), the Commission 
finds the record evidence insufficiently reliable to incorporate this 
metric into our analysis. Rather than pick and choose amongst this 
chaff of last-minute calculations that inevitably favor the filer, the 
Commission finds little evidence that relying on these estimates would 
produce a more accurate estimate of each operator's relative 
contribution to clearing (and we cannot find that a significant delay 
as initially suggested by the C-Band Alliance to create a new dataset 
would be in the public interest).
    215. The Commission also rejects Eutelsat's proposal to allocate 
accelerated relocation payments not by relative contributions to a 
successful accelerated transition but instead based on ``stranded 
capacity,'' i.e., the proportion of C-band satellite capacity that will 
be rendered unusable for protected FSS downlink services during the 
remaining useful lifetime of each relevant satellite. Eutelsat's 
proposal represents a significant departure from the Emerging 
Technologies precedent, fundamentally misinterprets the Commission's 
basis for the allocation of accelerated relocation payments among 
eligible space station operators, and lacks any economic rationale.
    216. First, Eutelsat argues that allocation of accelerated 
relocation payments must be ``reasonably related to the cost of 
relocation'' and that the

[[Page 22835]]

Commission's focus on the relative contribution of each operator to a 
successful transition is inconsistent with the Emerging Technologies 
framework. The Commission disagrees. Contrary to Eutelsat's claim, the 
basis of the Commission's allocation method is designed specifically to 
capture the relative contribution, in terms of both effort and cost, 
that each eligible space station operator will make to meet the 
Accelerated Relocation Deadlines based on three objective factors 
related to each space station operator's relative contribution: A 
market-based agreement reflecting space station operators' assessment 
of their own relative contribution to clearing; transponder usage; and 
satellite coverage in the contiguous United States. Each of these 
factors reflects both the effort that it will take to accelerate 
relocation and the corresponding costs of each operator to accomplish 
such acceleration.
    217. Second, Eutelsat argues that stranded capacity is the better 
``proxy'' for calculating relocation costs and thus allocating 
accelerated relocation payments. Again, the Commission disagrees. For 
one, stranded capacity is not a proxy for actual relocation costs. 
Actual relocation costs are those needed to relocate incumbents to 
comparable facilities that allow them to continue to provide existing 
services. Stranded capacity lacks any consideration of the extent to 
which existing services are actually provided over such capacity such 
that they would need to be relocated. Indeed, Eutelsat fails to 
acknowledge the substantial evidence in the record that the C-band 
satellite business suffers from significant and increasing excess 
capacity and rapidly declining revenues or that a space station 
operator with much stranded capacity but little existing business could 
likely continue to provide all of its existing services within the 
contiguous United States at relatively low cost (e.g., without the need 
for new satellites). In other words, stranded capacity is not a good 
proxy for space station operator relocation costs. Nor is it a good 
proxy for the relocation costs of incumbent earth stations (indeed, 
stranded capacity does not account for such costs at all)--and Eutelsat 
simply asserts that such costs are not relevant. But of course, such 
costs are relevant to a successful relocation; and of course the 
Commission has expressly designed accelerated relocation payments to 
expedite the relocation of incumbent space stations and incumbent earth 
stations, to the benefit of the overlay licensees that require both to 
be relocated so they can deploy new terrestrial services in the band.
    218. Third, despite Eutelsat's claim that its proposal is not a 
request to compensate satellite operators for the ``lost revenues'' or 
opportunity costs resulting from the transition, allocating relocation 
payments according to ``lost C-band capacity,'' without any 
consideration of whether such capacity actually has existing services 
that will need to be relocated as a result of the transition, as 
Eutelsat proposes, is precisely the type of opportunity cost 
calculation for which the Commission's Emerging Technologies precedent 
expressly declines to provide compensation. Rather than compensate 
space station operators based on the burden they are likely to bear in 
accelerating the clearing process, Eutelsat's proposal would reward 
those space station operators with the least-intensive use of existing 
capacity based on an assumption of future use of such capacity that far 
exceeds reasonably foreseeable demand. The Commission therefore finds 
that the formula for allocating accelerated relocation payments among 
eligible space station operators adopted herein, which provides 
compensation based on the relative contributions of each eligible space 
station operator to the accelerated relocation process, is far more 
grounded in Commission precedent and the underlying rationale for 
providing accelerated relocation payments than the allocation method 
proposed by Eutelsat.
    219. Finally, the Commission finds that its definition of eligible 
space station operators appropriately encompasses the incumbent space 
station operators that will incur costs in order to transition existing 
U.S. services to the upper portion of the band and are therefore 
entitled to receive compensation for relocation costs and potential 
accelerated relocation payments. The Small Satellite Operators argue 
that any transition of C-band spectrum must provide compensation, 
including ``premium'' payments above relocation costs, to all space 
station operators that operate space stations that cover parts of the 
United States using C-band spectrum. However, the purpose of relocation 
costs and potential accelerated relocation payments is to compensate 
authorized space station operators that provide C-band services to 
existing U.S. customers using incumbent U.S. earth stations that will 
need to be transitioned to the upper portion of the band or otherwise 
accommodated in order to avoid harmful interference from new flexible-
use operations. The Commission addresses the arguments of two of the 
Small Satellite Operators--Hispasat and ABS--that do not satisfy its 
definition of eligibility for relocation costs.
    220. Hispasat.--Hispasat recently asked the Commission to make 
Hispasat eligible for relocation costs and accelerated relocation 
payments by changing the definition of eligible space station operators 
to remove the requirement that the incumbent space station operator 
must provide service to an incumbent earth station. The Commission 
notes that our definition of incumbent earth stations requires that 
earth stations must have been registered (or licensed as a transmit-
receive earth station) by the relevant deadlines to qualify for 
relocation cost reimbursement. Hispasat states that it ``does currently 
provide service in the contiguous United States'' to nine earth 
stations in the contiguous United States operated by an evangelical 
church that did not register its earth stations with the Commission.
    221. The Commission rejects Hispasat's request. First, the 
Commission is somewhat skeptical of Hispasat's apparently recent 
discovery that it serves earth stations using C-band spectrum in the 
contiguous United States. In its October 2018 comments in this 
proceeding, Hispasat made no mention of providing service to those or 
any other earth stations--indeed, Hispasat there claimed its plans to 
provide C-band services to the United States were placed on hold 
pending the outcome of the July 2018 NPRM. And so The Commission puts 
little weight in Hispasat's recent claim to have generated ``U.S. C-
band revenue'' in 2017 from services provided to the ``at least nine'' 
earth station locations that it claims it still currently serves (a 
claim unsupported by any further documentation). And the Commission 
declines to accept Hispasat's revisions to history that its prior 
filings in this proceeding demonstrate (rather than disclaim) that it 
has been providing satellite service in the contiguous United States 
for some time.
    222. Second, although Hispasat makes much of its speculation that 
the owner of these nine earth stations lacked the sophistication or 
knowledge to register by the relevant deadlines and qualify as 
incumbent earth stations, the Commission finds that Hispasat has not 
even shown that these nine earth stations were eligible to register. 
For one, Hispasat appears to be careful in its filings not to claim 
that it uses the C-band spectrum to provide service to all those earth 
stations. Indeed, the Commission does not see how it could given that 
publicly-available coverage

[[Page 22836]]

data for the Amazonas-3 satellite C-band beam footprint indicate that 
it is not capable of providing service to several of those earth 
station locations.\20\ (In contrast, that same satellite's Ku-band 
North America beam does cover the entire contiguous United States.) For 
another, Hispasat does not provide any specific information regarding 
when the earth stations it claims to serve began using C-band 
spectrum--they had to have been operational as of April 19, 2018, if 
they were going to be eligible to be registered.\21\ For yet another, 
Hispasat provides no explanation of unique circumstances that might 
merit consideration of these stations--and the Commission declines to 
adopt a different standard for the earth stations Hispasat claims to 
serve than the Commission does for any other existing C-band earth 
stations that were not registered by the relevant deadlines. Indeed, 
Hispasat fails to address one of the primary reasons the Commission 
froze new earth station authorizations and required existing earth 
stations to register by a fixed deadline in the first place: To avoid 
gamesmanship and stop operators from establishing new C-band operations 
or earth stations for the purpose of obtaining monies from the 
transition to new terrestrial, flexible-use operations in the band. It 
appears that Hispasat's entire premise is that it, and it alone, should 
be able to engage in that type of last-minute gamesmanship. The 
Commission does not accept that premise.
---------------------------------------------------------------------------

    \20\ See https://www.satbeams.com/footprints?beam=7690 (last 
visited Feb. 23, 2020).
    \21\ Beginning April 19, 2018, the Commission placed a freeze on 
all FSS earth station registrations for earth stations that were not 
operational as of that date.
---------------------------------------------------------------------------

    223. Third, the Commission rejects Hispasat's request because even 
if the Commission accepted it, Hispasat would not be an eligible 
incumbent space station operator. Specifically, the Commission limits 
relocation and accelerated relocation payments to those space station 
operators that had demonstrated, as of February 1, 2020, that they 
would incur any eligible costs as a result of the transition. Because 
Hispasat under its own proposal would not be able to recover any costs 
for transitioning incumbent earth stations (it makes clear that it is 
not asking to obtain incumbent status for the nine earth stations it 
now claims to serve), the only eligible costs it might have would be to 
transition transponder usage to the upper 200 megahertz. And Hispasat 
does not provide any information regarding what, if any, steps it would 
need to take to transition these alleged C-band services to the upper 
200 megahertz; indeed it does not explicitly claim that those services 
are provided over frequencies in the lower 300 megahertz such that they 
would need to be transitioned at all.
    224. Because the purpose of relocation and accelerated relocation 
payments is to compensate eligible space station operators for actually 
relocating their existing services to the upper 200 megahertz, Hispasat 
has failed to demonstrate that the Commission's definition of 
``eligible space station operators'' unduly excludes it from the class 
of incumbent space station operators entitled to relocation and 
accelerated relocation payments.
    225. ABS.--ABS asks the Commission to make incumbent space station 
operators eligible for reimbursement of space station facilities that 
``will not remain comparable after the transition.'' Specifically, to 
be eligible for such reimbursement, ABS proposes that an incumbent 
space station operator must operate a non-replacement satellite that 
gained its FCC authorization to provide service to any part of the 
contiguous United States within 12 months of the announcement of the 
freeze on C-band earth station applications or, alternatively, within 
18 months of the issuance of the NPRM in this proceeding. ABS argues 
that the NOI, freeze on new earth station applications, and the NPRM in 
this proceeding ``undermined ABS's reasonable efforts to commercialize 
the newly licensed satellite--and thus the Commission cannot know how 
much bandwidth ABS would have needed (but for the Commission's actions) 
to avoid an impairment of its C-band authorization.'' As a result, ABS 
argues that it should be compensated for the proportion of the costs of 
launching its ABS-3A satellite attributable to eight transponders that 
will be effected by the transition.
    226. The Commission rejects ABS's argument that uncertainty about 
the outcome of this proceeding resulted in its failure to commercialize 
any of its ABS-3A capacity, as the Commission finds this argument both 
unconvincing and irrelevant. The only ABS satellite capable of serving 
the United States has been operational since 2015. The ABS-3A satellite 
is positioned just south of the Ivory Coast of northwest Africa, and 
both its global and western hemisphere C-band beams provide only edge 
coverage to portions of the Eastern United States.\22\ ABS did not seek 
market access in the United States until March 2017, and only after the 
Commission released the NOI in this proceeding in August 2017 did ABS 
seek Commission authorization to construct an earth station in Hudson, 
NY in February 2018. Despite being granted such authorization in March 
2018, ABS failed to construct and commence operations on the Hudson, NY 
earth station. In sum, ABS's satellite was operational for a year-and-
a-half before it sought U.S. market access, for two years prior to the 
NOI, and nearly three years prior to the freeze on new C-band earth 
station registrations and the subsequent NPRM. The notion that ABS made 
significant investments in launching this satellite with the specific 
intent of providing robust services in the United States and that it 
must be compensated for the loss of those investments is contradicted 
both by its inaction in the United States in the four-and-a-half years 
since it launched ABS-3A and the actual capabilities of ABS-3A to 
provide service outside the United States. Indeed, the satellite's 
global and western hemisphere C-band beams target all or most of the 
South Atlantic Ocean, Africa, the Middle East, Europe, and South 
America and the eastern hemisphere C-band beam covers all or most of 
Africa, Europe, the Mediterranean Sea, and the Middle East.\23\
---------------------------------------------------------------------------

    \22\ See Satbeams Coverage Report, https://www.satbeams.com/footprints?beam=8203 (last visited Feb. 23, 2020).
    \23\ See http://www.absatellite.com/satellite-fleet/abs-3a/ 
(last visited Feb. 23, 2020); accord https://www.satbeams.com/footprints?beam=8203 (last visited Feb. 23, 2020).
---------------------------------------------------------------------------

    227. In any event, the requirement that new licensees reimburse 
incumbents for relocation costs applies to reasonable actual costs 
incurred in clearing the spectrum. This obligation does not include 
reimbursement of space station operators on an assumption of future use 
of currently unused capacity that far exceeds reasonably foreseeable 
demand--the loss of capacity that has not been used, is not used, and 
not likely to ever be used given the significant unused capacity that 
remains available to ABS is not a cognizable expense. Thus, the 
Commission rejects ABS's claim.
    228. Allocating Payment Obligations Among Overlay Licensees.--
Finally, the Commission explains the financial responsibilities that 
each flexible-use licensee will incur to reimburse the space station 
operators. The Commission finds it reasonable to base the share for 
each overlay licensee on the licensee's pro rata share of gross winning 
bids. This approach is similar to the Commission's approach in the H-
Block proceeding, where the

[[Page 22837]]

Commission likewise used a pro rata cost-sharing mechanism based on 
gross winning bids. Indeed, several commenters in this proceeding 
proposed the H-Block pro rata calculation as a model for determining 
winning bidders' shares here.
    229. Specifically, for space station transition and Relocation 
Payment Clearinghouse costs, and in the event the Wireless 
Telecommunications Bureau selects a Relocation Coordinator, Relocation 
Coordinator costs, the pro rata share of each flexible-use licensee 
will be the sum of the final clock phase prices (P) for the set of all 
license blocks (I) that a bidder wins divided by the total final clock 
phase prices for all N license blocks sold in the auction. To determine 
a licensee's reimbursement obligation (RO), that pro rata share would 
then be multiplied by the total eligible relocation costs (RC). 
Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.003

    230. For incumbent earth stations and fixed service incumbent 
licensee transition costs, a flexible-use licensee's pro rata share 
will be determined on a PEA-specific basis, based on the final clock 
phase prices for the license blocks it won in each PEA. To calculate 
the pro rata share for incumbent earth station transition costs in a 
given PEA, the same formula above will be used except now I will be the 
set of licenses a bidder won in the PEA, N will be the total blocks 
sold in the PEA and RC will be the PEA-specific earth station and fixed 
service relocation costs.
    231. For the Phase I accelerated relocation payments, the pro rata 
share of each flexible use licensee of the 3.7 to 3.8 MHz in the 46 
PEAs that are cleared by December 5, 2021, will be the sum of the final 
clock phase prices (P) that the licensee won divided by the total final 
clock phase prices for all M license blocks sold in those 46 PEAs. To 
determine a licensee's RO the pro rata share would then be multiplied 
by the total accelerated relocation payment due for Phase I, A1. 
Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.004

    232. For Phase II accelerated relocation payments, the pro rata 
share of each flexible use licensee will be the sum of the final clock 
phase prices (P) that the licensee won in the entire auction, divided 
by the total final clock phase prices for all N license blocks sold in 
the auction. To determine a licensee's RO the pro rata share would then 
be multiplied by the total accelerated relocation payment due for Phase 
II, A2. Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.005

5. Relocation Payment Clearinghouse
    233. Next, the Commission finds that selecting a single, 
independent Relocation Payment Clearinghouse to oversee the cost-
related aspects of the transition in a fair, transparent manner will 
best serve the public interest. The Commission's experience in 
overseeing other complicated, multi-stakeholder transitions of diverse 
incumbents demonstrates the need for an independent party to administer 
the cost-related aspects of the transition in a fair, transparent 
manner, pursuant to Commission rules and oversight, to mitigate 
financial disputes among stakeholders, and to collect and distribute 
payments in a timely manner.
    234. In the NPRM, the Commission sought comment on a variety of 
approaches for expanding flexible use of the band. The Commission noted 
that, under the private-sale approach, there was record support for a 
centralized facilitator, and it sought comment on having the relevant 
space station operators form a transition facilitator as a cooperative 
entity to coordinate negotiations, clearing, and repacking in the band. 
The Commission also asked about the role of the transition facilitator 
and the form of supervisory authority the Commission should maintain 
over it.
    235. In the July 19 Public Notice, the Commission specifically 
sought comment on how the Commission's approaches during the AWS-3 and 
800 MHz transitions might inform this proceeding. The Commission asked 
whether it should designate a transition administrator or require the 
creation of a clearinghouse to facilitate the sharing of the costs for 
mandatory relocation and repacking.
    236. The Commission agrees with those commenters who contend that, 
regardless of the approach selected to transition some or all of the 
band to flexible use, the Commission should ensure that mechanisms 
exist to guarantee a transparent transition process with appropriate 
Commission oversight. The Commission has adopted cost-sharing plans 
that included private clearinghouses to administer reimbursement 
obligations among licensees, and the Commission finds a similar 
approach to be in the public interest here. The Clearinghouse must be a 
neutral, independent entity with no conflicts of interest 
(organizational or personal) on the part of the organization or its 
officers, directors, employees, contractors, or significant 
subcontractors. The Clearinghouse must have no financial interests in 
incumbent space station operators, incumbent earth station operators, 
content companies that distribute programming using this band, wireless 
operators, or any entity that may seek to acquire flexible-use 
licenses, or to manufacture or market equipment in this band. In 
addition, the officers, directors, employees, and/or contractors of the 
Clearinghouse should also have no financial or organizational conflicts 
of interest. The Clearinghouse must be able to demonstrate that it has 
the requisite expertise to perform the duties required, which will 
include collecting and distributing relocation and accelerated 
relocation payments, auditing incoming and outgoing invoices, 
mitigating cost disputes among parties, and generally acting as 
clearinghouse.
    237. Duties of the Clearinghouse.--The Commission is cognizant of 
the need to establish measures to prevent waste, fraud, and abuse with 
respect to reimbursement disbursements. The Commission finds that the 
record and the Commission's experience in managing other complicated 
transitions demonstrate that an independent Clearinghouse will ensure 
that the transition is administered in a fair, transparent manner, 
pursuant to narrowly-tailored Commission rules and subject to 
Commission oversight.
    238. First, the Clearinghouse will be responsible for collecting 
from all incumbent space station operators and all incumbent earth 
station operators a showing of their relocation costs for the 
transition as well as a demonstration of the reasonableness of those 
costs.\24\ In the event a party other than an incumbent earth station 
operator performs relocation work to transition an earth station (such 
as an incumbent space station operator or a network performing such 
work pursuant to an existing affiliation agreement), that party may 
directly submit the showing of relocation costs and receive 
reimbursement, provided the parties do not submit duplicate filings for 
the same earth station relocation work. The Clearinghouse will 
determine in the first instance whether costs submitted for

[[Page 22838]]

reimbursement are reasonable. Parties seeking reimbursement for actual 
costs must submit to the Clearinghouse a claim for reimbursement, 
complete with sufficient documentation to justify the amount. The 
Clearinghouse shall review reimbursement requests to determine whether 
they are reasonable and to ensure they comply with the requirements 
adopted in this Report and Order. The Clearinghouse shall give parties 
the opportunity to supplement any reimbursement claims that the 
Clearinghouse deems deficient.
---------------------------------------------------------------------------

    \24\ When an incumbent space station operator takes 
responsibility for clearing an incumbent earth station, the 
incumbent space station operator bears solely the responsibility of 
showing relocation costs and their reasonableness.
---------------------------------------------------------------------------

    239. All incumbents seeking reimbursement for their actual costs 
shall provide justification for those costs. Entities must document 
their actual expenses and the Clearinghouse, or a third-party on behalf 
of the Clearinghouse, may conduct audits of entities that receive 
reimbursements. Entities receiving reimbursements must make available 
all relevant documentation upon request from the Clearinghouse or its 
contractor.
    240. To determine the reasonableness of reimbursement requests, the 
Clearinghouse may consider the submission and supporting documentation, 
and any relevant comparable reimbursement submissions. The 
Clearinghouse may also submit to the Wireless Telecommunications Bureau 
for its review and approval a cost category schedule. Reimbursement 
submissions that fall within the estimated range of costs in the cost 
category schedule issued by the Bureau shall be presumed reasonable. If 
the Clearinghouse determines that the amount sought for reimbursement 
is unreasonable, it shall notify the party of the amount it deems 
eligible for reimbursement. The Commission also directs the Wireless 
Telecommunications Bureau to make further determinations related to 
reimbursable costs, as necessary, throughout the transition process.
    241. Second, the Clearinghouse will apportion costs among overlay 
licensees and distribute payments to incumbent space stations, 
incumbent earth station operators, and appropriate surrogates of those 
parties that incur compensable costs. Following the public auction, the 
Clearinghouse shall calculate the total estimated share of each 
flexible-use licensee, as well as the estimated costs for the first six 
months of the transition following the auction. The initial six-month 
estimate shall incorporate the costs incurred prior to the auction as 
well as the six months following the auction. Flexible-use licensees 
shall pay their share of the initial estimated relocation payments into 
a reimbursement fund, administered by the Clearinghouse, shortly after 
the auction. The Clearinghouse shall draw from the reimbursement fund 
to pay approved, invoiced claims.
    242. Going forward, the Clearinghouse shall calculate the overlay 
licensees' share of estimated costs for a six-month period and provide 
overlay licensees with the amounts they owe at least 30 days before 
each six-month deadline. Within 30 days of receiving the calculation of 
their initial share, and then every six months until the transition is 
complete, overlay licensees shall pay their share of estimated costs 
into the reimbursement fund. The Clearinghouse shall draw from the 
reimbursement fund to pay approved reimbursement claims. The 
Clearinghouse shall pay approved claims within 30 days of invoice 
submission to flexible-use licensees so long as funding is available. 
If the reimbursement fund does not have sufficient funds to pay 
approved claims before a six-month replenishment, the Clearinghouse 
shall provide flexible-use licensees with 30 days' notice of the 
additional shares they must contribute. Any interest arising from the 
reimbursement fund shall be used to defray the costs of the transition 
for all overlay licensees on a pro rata basis. At the end of the 
transition, the Clearinghouse shall return any unused amounts to 
overlay licensees according to their shares.
    243. As a condition of their licenses, flexible-use licensees shall 
be responsible collectively for the accelerated relocation payments 
based on their pro rata share of the gross winning bids, similar to the 
way a flexible-use licensee's space station relocation and 
Clearinghouse costs are calculated. Where a space station operator has 
elected to meet the Accelerated Relocation Deadlines, the accelerated 
relocation payment pro rata calculation will be adjusted to reflect the 
winning bidders of the flexible-use licenses benefitting from the 
portion of cleared spectrum. Under this scenario, only the flexible-use 
licensees in the 46 PEAs of the lower 100 megahertz (A block) that are 
the subject of the Phase I Accelerated Relocation Deadline would pay 
the Phase I accelerated relocation payment, and all overlay licensees 
would pay the Phase II accelerated relocation payment.
    244. If an overlay license is relinquished to the Commission prior 
to all relocation cost reimbursements and accelerated relocation 
payments being paid, the remaining payments will be distributed among 
other similarly situated overlay licensees. If a new license is issued 
for the previously relinquished rights prior to final payments becoming 
due, the new overlay licensee will be responsible for the same pro rata 
share of relocation costs and accelerated relocation payments as the 
initial overlay license. If an overlay licensee sells its rights on the 
secondary market, the new overlay licensee will be obligated to fulfill 
all payment obligations associated with the license.
    245. Overlay licensees will, collectively, pay for the services of 
the Clearinghouse and staff. The Clearinghouse shall include its own 
reasonable costs in the cost estimates it uses to collect payments from 
overlay licensees. To ensure the Clearinghouse's costs are reasonable, 
the Clearinghouse shall provide to the Office of the Managing Director 
and the Wireless Telecommunications Bureau, by March 1 of each year, an 
audited statement of funds expended to date, including salaries and 
expenses of the Clearinghouse. It shall also provide additional 
financial information as requested by the Office or Bureau to satisfy 
the Commission's oversight responsibilities and/or agency-specific/
government-wide reporting obligations.
    246. Third, the Clearinghouse will serve in an administrative role 
and in a function similar to a special master in a judicial proceeding. 
The Clearinghouse may mediate any disputes regarding cost estimates or 
payments that may arise in the course of band reconfiguration; or refer 
the disputant parties to alternative dispute resolution fora.\25\ Any 
dispute submitted to the Clearinghouse, or other mediator, shall be 
decided within 30 days after the Clearinghouse has received a 
submission by one party and a response from the other party. 
Thereafter, any party may seek expedited non-binding arbitration, which 
must be completed within 30 days of the recommended decision or advice 
of the Clearinghouse or other mediator. The parties will share the cost 
of this arbitration if it is before the Clearinghouse.
---------------------------------------------------------------------------

    \25\ We clarify that the Clearinghouse's dispute resolution role 
is limited to disputes over cost estimates or payments. Disputes 
related to the transition itself (e.g., facilities, workmanship, 
preservation of service) should be reported to the Relocation 
Coordinator or the Wireless Telecommunications Bureau, as detailed 
below.
---------------------------------------------------------------------------

    247. Should any issues still remain unresolved, they may be 
referred to the Wireless Telecommunications Bureau within 10 days of 
recommended decision or advice of the Clearinghouse or other mediator 
and any decision of the Clearinghouse can be appealed to the Chief of 
the Bureau. When referring

[[Page 22839]]

an unresolved matter, the Clearinghouse shall forward the entire record 
on any disputed issues, including such dispositions thereof that the 
Clearinghouse has considered. Upon receipt of such record and advice, 
the Bureau will decide the disputed issues based on the record 
submitted. The Bureau is directed to resolve such disputed issues or 
designate them for an evidentiary hearing before an Administrative Law 
Judge. If the Bureau decides an issue, any party to the dispute wishing 
to appeal the decision may do so by filing with the Commission, within 
10 days of the effective date of the initial decision, a Petition for 
de novo review, whereupon the matter will be set for an evidentiary 
hearing before an Administrative Law Judge. Parties seeking de novo 
review of a decision by the Bureau are advised that, in the course of 
the evidentiary hearing, the Commission may require complete 
documentation relevant to any disputed matters, and, where necessary, 
and at the presiding judge's discretion, require expert engineering, 
economic or other reports, or testimony. Parties may therefore wish to 
consider possibly less burdensome and expensive resolution of their 
disputes through means of alternative dispute resolution.
    248. Fourth, the Clearinghouse shall provide certain information 
and reports to the Commission to facilitate our oversight of the 
transition. Each quarter, the Clearinghouse shall file progress reports 
in such detail as the Wireless Telecommunications Bureau may require. 
Such reports shall include detail on the status of reimbursement funds 
available for obligation, the relocation and accelerated relocation 
payments issued, the amounts collected from overlay licensees, and any 
certifications filed by incumbents. The quarterly progress reports must 
account for all funds spent to transition the band, including its own 
expenses (including salaries and fees paid to law firms, accounting 
firms, and other consultants). The quarterly progress reports shall 
include descriptions of any disputes and the manner in which they were 
resolved.
    249. The Clearinghouse shall provide to the Wireless 
Telecommunications Bureau and the Office of the Managing Director 
additional information upon request. For example, the Bureau may 
request that the Clearinghouse estimate the average costs of 
transitioning an incumbent earth station to aid the Bureau's 
determination of a lump sum payment for such stations that seek 
flexibility in pursuing the transition. Or the Bureau may require the 
Clearinghouse to file special reports leading up to or after the 
Relocation Deadline or the Accelerated Relocation Deadlines, reporting 
on the status of funds associated with such deadlines so that the 
Commission can take appropriate action in response. The Commission 
would anticipate that the Bureau would require the Clearinghouse to 
issue a special, audited report after the Relocation Deadline, 
identifying any issues that have not readily been referred to the 
Commission as well as what actions, if any, need to be taken for the 
Clearinghouse to complete its obligations (including the estimated 
costs and time frame for completing that work). And the Commission 
directs the Wireless Telecommunications Bureau to assign the 
Clearinghouse any additional tasks as needed to ensure that the 
transition of the band proceeds smoothly and expeditiously.
    250. To the extent commenters argue that an independent 
Clearinghouse is unnecessary, the Commission disagrees. Allowing 
incumbent space station operators, or other stakeholders, to determine 
the reasonableness of their own costs and bill overlay licensees 
accordingly creates an inherent conflict of interest--one that can be 
easily mitigated through an independent third-party Clearinghouse.
    251. Selecting the Clearinghouse.--In the 800 MHz proceeding, the 
Commission appointed a committee of stakeholders to select an 
independent Transition Administrator to manage the complicated process 
of relocating incumbent licensees, including public safety, within the 
800 MHz band. The Commission follows suit and finds that the best 
approach for ensuring that the transition of the band will proceed on 
schedule is for a committee of stakeholders in the band to select a 
Relocation Payment Clearinghouse.
    252. The search committee will be composed of nine members 
appointed by nine entities that we find, collectively, reasonably 
represent the interests of stakeholders in the transition. 
Specifically, Intelsat, SES, Eutelsat, NAB, NCTA, ACA, CTIA, CCA, and 
WISPA will each appoint one representative to the search committee. 
Intelsat, SES, and Eutelsat represent varying views of the space 
station operators, and Eutelsat shares many views similar to those of 
the Small Satellite Operators. Although the interests of incumbent 
earth stations are richly diverse, we find that the membership of NAB, 
NCTA, and ACA and their positions advocated in this proceeding fairly 
represent the broad interests of earth stations large and small, 
including those in rural areas and those that are transportable. The 
Commission also finds that the membership and advocacy of CTIA, CCA, 
and WISPA fairly represents the views of prospective flexible-use 
licensees, including small and rural businesses. The search committee 
should proceed by consensus; however, if a vote on selection of a 
Clearinghouse is required, it shall be by a majority vote.
    253. The Commission recommends the search committee convene by 
March 31, 2020; the Commission requires that it shall convene no later 
than 60 days after publication of this Report and Order in the Federal 
Register. Further, it shall notify the Commission of the detailed 
selection criteria for the position of Clearinghouse by June 1, 2020. 
Such criteria must be consistent with the qualifications, roles, and 
duties of the Clearinghouse. The search committee should ensure that 
the Clearinghouse meets relevant best practices and standards in its 
operation to ensure an effective and efficient transition.
    254. The Clearinghouse should be required, in administering the 
transition, to (1) engage in strategic planning and adopt goals and 
metrics to evaluate its performance, (2) adopt internal controls for 
its operations, (3) use enterprise risk management practices, and (4) 
use best practices to protect against improper payments and to prevent 
fraud, waste, and abuse in its handling of funds. The Clearinghouse 
must be required to create written procedures for its operations, using 
the Government Accountability Office's (GAO) Green Book \26\ to serve 
as a guide in satisfying such requirements.
---------------------------------------------------------------------------

    \26\ GAO, The Green Book: Standards for Internal Control in the 
Federal Government, GAO-14-704G, (rel. Sep 10, 2014). Available at 
http://www.gao.gov/greenbook/overview.
---------------------------------------------------------------------------

    255. The search committee should also ensure that the Clearinghouse 
adopts robust privacy and data security best practices in its 
operations, given that it will receive and process information critical 
to ensuring a successful and expeditious transition. The Clearinghouse 
should therefore also comply with, on an ongoing basis, all applicable 
laws and Federal government guidance on privacy and information 
security requirements such as relevant provisions in the Federal 
Information Security Management Act (FISMA),\27\

[[Page 22840]]

National Institute of Standards and Technology (NIST) publications, and 
Office of Management and Budget guidance. The Clearinghouse should be 
required to hire a third-party firm to independently audit and verify, 
on an annual basis, the Clearinghouse's compliance with privacy and 
information security requirements and to provide recommendations based 
on any audit findings; to correct any negative audit findings and adopt 
any additional practices suggested by the auditor; and to report the 
results to the Bureau.
---------------------------------------------------------------------------

    \27\ Federal Information Security Management Act of 2002 (FISMA 
2002), enacted as Title III, E-Government Act of 2002, Public Law 
107-347, 116 Stat. 2899, 2946 (Dec. 17, 2002) was subsequently 
modified by the Federal Information Security Modernization Act of 
2014 (Pub. L. 113-283, Dec. 18, 2014). As modified, FISMA is 
codified at 44 U.S.C. 3551 et seq.
---------------------------------------------------------------------------

    256. The Wireless Telecommunications Bureau is directed to issue a 
Public Notice notifying the public that the search committee has 
published criteria for the selection of the Clearinghouse, outlining 
the submission requirements, and providing the closing dates for the 
selection of the Clearinghouse.
    257. The search committee shall notify the Commission of its choice 
for the Clearinghouse no later than July 31, 2020. This notification 
shall: (a) Fully disclose any actual or potential organizational or 
personal conflicts of interest or appearance of such conflict of 
interest of the Clearinghouse or its officers, directors, employees, 
and/or contractors; and (b) set out in detail the salary and benefits 
associated with each position. Additionally, the Commission expects 
that the Clearinghouse will enter into one or more appropriate 
contracts with incumbent space station operators, overlay licensees, 
and their agents or designees. The Clearinghouse shall have an ongoing 
obligation to update this information as soon as possible after any 
relevant changes are made.
    258. After receipt of the notification, the Bureau is hereby 
directed to issue a Public Notice inviting comment on whether the 
entity selected satisfies the criteria set out here. Following the 
comment period, the Bureau will issue a final order announcing that the 
criteria established in this Report and Order either have or have not 
been satisfied; should the Bureau be unable to find the criteria have 
been satisfied, the selection process will start over and the search 
committee will submit a new proposed entity. During the course of the 
Clearinghouse's tenure, the Commission will take such measures as are 
necessary to ensure a timely transition.
    259. In the event that the search committee fails to select a 
Clearinghouse and to notify the Commission by July 31, 2020, the search 
committee will be dissolved without further action by the Commission. 
In the event that the search committee fails to select a Clearinghouse 
and to notify the Commission by July 31, 2020, two of the nine members 
of the search committee will be dropped therefrom by lot, and the 
remaining seven members of the search committee shall select a 
Clearinghouse by majority vote by August 14, 2020.
    260. To ensure the timely and efficient transition of the band, the 
Commission directs the Wireless Telecommunications Bureau to provide 
the Clearinghouse with any needed clarifications or interpretations of 
the Commission's orders. The Bureau, in consultation with the Office of 
the Managing Director, may request any documentation from the 
Clearinghouse necessary to provide guidance or carry out oversight. And 
to protect the fair and level playing field for applicants to 
participate in the Commission's auction, beginning on the initial 
deadline for filing auction applications until the deadline for making 
post-auction down payments, the Clearinghouse must make real time 
disclosures of the content and timing of, and the parties to, 
communications, if any, from or to applicants in the auction, as 
applicants are defined by the Commission's rule prohibiting certain 
auction-related communications.\28\
---------------------------------------------------------------------------

    \28\ See 47 CFR 1.2105(c). Because all applicants' 
communications with the Clearinghouse will be public as a result of 
this requirement and therefore available to other applicants, 
applicants must take care that their communications with the 
Clearinghouse do not violate the prohibition against communications 
by revealing bids or bidding strategies. Applicants further will 
have to consider their independent obligation to report potential 
violations to the Commission pursuant to auction rules.
---------------------------------------------------------------------------

    261. The Wireless Telecommunications Bureau is hereby directed to 
issue a Public Notice upon receipt of a request of the Clearinghouse to 
wind down and suspend operations. If no material issues are raised 
within 15 days of the release of said Public Notice, the Bureau may 
grant the Clearinghouse's request to suspend operations on a specific 
date. Overlay licensees must pay all costs prior to the date set forth 
in the Public Notice.
6. The Logistics of Relocation
    262. The Commission next addresses the logistics of relocating FSS 
operations out of the lower 300 megahertz of the C-band spectrum. The 
Commission discusses the obligations for eligible space station 
operators that select to clear by the Accelerated Relocation Deadlines 
and adopts filing requirements and deadlines associated with those 
obligations. The Commission also adopts additional requirements for 
eligible space station operators that do not elect to clear by the 
Accelerated Relocation Deadlines in order to ensure that incumbent 
earth station operators, other C-band satellite customers, and 
prospective flexible-use licensees are adequately informed and 
accommodated throughout the transition. Finally, the Commission finds 
it in the public interest to appoint a Relocation Coordinator to ensure 
that all incumbent space station operators are relocating in a timely 
manner.
    263. In the NPRM, the Commission sought comment on the logistics of 
relocating FSS operations. The Commission sought comment on having the 
relevant space station operators form a transition facilitator as a 
cooperative entity to coordinate negotiations, clearing, and repacking 
in the band. The Commission also asked about the role of the transition 
facilitator and the form of supervisory authority the Commission should 
maintain over it. The Commission also sought comment on a process 
whereby, after the transition facilitator has coordinated with relevant 
stakeholders regarding the transition of services to the upper portion 
of the band, it would file with the Commission a transition plan 
describing the spectrum to be made available for flexible use, the 
timeline for completing the transition, and the commitments each party 
has made to ensure that all relevant stakeholders are adequately 
accommodated and able to continue receiving existing C-band services 
post-transition. The Commission sought comment on whether to require 
that the transition plan explain how the spectrum will be cleared, what 
types of provisions should be required to ensure that relevant 
stakeholders are adequately accommodated, and whether to set a deadline 
for the submission of a transition plan. To facilitate transparency in 
the transition process, the NPRM sought comment on whether the 
transition plan should be subject to Commission approval, and on 
whether it should be made available for public review and comment.
    264. Several commenters argue for a centralized transition 
facilitator to guarantee a transparent transition process with 
appropriate Commission oversight. Several incumbent space station 
operators argue that a transition facilitator to coordinate relocation 
is either unnecessary or that incumbent space station operators should 
coordinate the relocation of their own customers. Several commenters in 
turn support requiring the submission of a transition plan to be made 
available for public review and comment. Commenters ask the Commission 
to require that the transition plan describe

[[Page 22841]]

in detail the estimated costs to transition the band, including 
reimbursement of reasonable costs to incumbent earth station operators 
and satellite customers, the schedule for clearing and deadlines for a 
completed transition, and plans for how incumbents will be accommodated 
and continue to receive existing C-band services.
    265. The Commission finds that making eligible space station 
operators individually responsible for all space station clearing 
obligations will promote an efficient and effective space station 
transition process. In light of the complicated interdependencies 
involved in transitioning earth station operations to the upper 200 
megahertz of C-band spectrum, as well as the extensive number of 
registered incumbent earth stations, incumbent space station operators 
are best positioned to know when and how to migrate incumbent earth 
stations and when filtering incumbent earth stations is feasible. 
Incumbent space station operators have the technical and operational 
knowledge to perform the necessary satellite grooming to transition C-
band satellite services into the upper 200 megahertz of the band. This 
approach will leverage space station operators' expertise, as well as 
their incentive to achieve an effective transition of space station 
operations, in order to maintain ongoing C-band services in the future.
    266. The Commission nonetheless agrees with commenters that the 
Commission must maintain oversight of the transition throughout. The 
Commission tailors this transition plan to whether incumbent space 
station operators elect to meet the Accelerated Relocation Deadlines in 
recognition that such an election would align the incentives of the 
incumbent space station operators with the Commission's goal of rapidly 
introducing mid-band spectrum into the marketplace. The Commission 
starts with that election.
    267. Transition for Operators that Elect Accelerated Relocation.--
If space station operators choose to clear on the accelerated timeframe 
in exchange for an accelerated relocation payment, they must do so via 
a written commitment by filing an Accelerated Relocation Election in 
this docket by May 29, 2020. Commitments to early clearing will be 
crucial components of prospective flexible-use licensees' decisions to 
compete for a particular license at auction. The Commission therefore 
finds it appropriate to require space station operators to commit to 
early clearing as soon as possible to provide bidders with adequate 
certainty regarding the clearing date and payment obligations 
associated with each license. Such elections shall be public and 
irrevocable, and the Commission directs the Wireless Telecommunications 
Bureau to prescribe the precise form of such election via Public Notice 
no later than May 12, 2020.
    268. Because the Commission finds that overlay licensees would only 
value accelerated relocation if a significant majority of incumbent 
earth stations are cleared in a timely manner, the Commission finds 
that at least 80% of accelerated relocation payments must be accepted 
via Accelerated Relocation Elections in order for the Commission to 
accept elections and require overlay licensees to pay accelerated 
relocation payments.\29\ The Commission accordingly directs the 
Wireless Telecommunications Bureau to issue a Public Notice by June 5, 
2020, announcing whether sufficient elections have been made to trigger 
early relocation or not.
---------------------------------------------------------------------------

    \29\ We make clear that if the accelerated elections meet the 
80% threshold, only those space station operators that chose to 
clear on an accelerated timeframe will be expected to meet the 
accelerated deadlines.
---------------------------------------------------------------------------

    269. By electing accelerated relocation, an eligible space station 
operator voluntarily commits to paying the administrative costs of the 
Clearinghouse until the Commission awards licenses to the winning 
bidders in the auction, at which time those administrative costs will 
be repaid to those space station operators.
    270. By electing accelerated relocation, an eligible space station 
operator voluntarily commits not only to relocating its own services 
out of the lower 300 megahertz by the Accelerated Relocation Deadlines 
(both Phase I and Phase II) but also to take responsibility for 
relocating its associated incumbent earth stations by those same 
deadlines. A space station operator must plan, coordinate, and perform 
(or contract for the performance of) all the tasks necessary to migrate 
any incumbent earth station that receives or sends signals to a space 
station owned by that operator, whether the satellite service provider 
is in direct privity of contract with the earth station operator or 
indirectly through another entity; in short, the space station operator 
must provide a turnkey solution to the transition. When a space station 
operator takes responsibility, its associated incumbent earth station 
operators need only facilitate the space station operator's completion 
of that earth station's relocation, for example, by helping with 
scheduling, providing access to facilities, and confirming the work 
performed.
    271. The one exception to the rule is for incumbent earth station 
operators that choose to opt out of the formal relocation process by 
taking the lump sum relocation payment in lieu of its actual relocation 
costs. Such an incumbent earth station operator would then be 
responsible for coordinating with the relevant space station operator 
as necessary and performing all relocation actions on its own, 
including switching to alternative transmission mechanisms such as 
fiber.
    272. Only incumbent earth station transition delays that are beyond 
the control of the incumbent space station operators will not impact 
their eligibility for the accelerated relocation payment. However, to 
partake of this exception, the Commission requires that any eligible 
space station operator submit a notice of any incumbent earth station 
transition delays to the Wireless Telecommunications Bureau within 
seven days of discovering an inability to accomplish the assigned earth 
station transition task. Such a request must include supporting 
documentation to allow for resolution as soon as practicable and must 
be submitted before the Accelerated Relocation Deadlines. To be clear, 
a space station operator's associated incumbent earth stations will 
lose their interference protection for the relevant band once the space 
station operator has met its obligations under the Accelerated 
Relocation Deadline for Phase I or Phase II.
    273. The Commission will determine whether an eligible space 
station operator has met its accelerated benchmark on an individual 
basis in order to protect such operators from potential holdout from 
other operators. Maintaining individualized eligibility can facilitate 
competition among space station operators--after all, content 
distributors and incumbent earth stations are more likely to choose to 
use operators that can meet their publicly elected deadlines for the 
transition than those that fail to do so. And even if some eligible 
space station operators have not relocated by the Accelerated 
Relocation Deadlines, the Commission finds that value still exists for 
flexible-use licensees to be able to start deploying terrestrial 
operations in some areas before the final Relocation Deadline.\30\
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    \30\ Although we anticipate that flexible-use licensees may 
begin deploying and constructing their networks before all 
incumbents have cleared the band, we clarify that--absent the 
consent of affected incumbent earth stations--flexible-use licensees 
may not begin operations until either the filing of a validated 
Certification of Accelerated Relocation or the lapse of the 
Relocation Deadline.

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

[[Page 22842]]

    274. By providing Accelerated Relocation Deadlines that eligible 
space station operators can commit to meet in order to receive 
accelerated relocation payments, the Commission will align the space 
station operators' incentives with the Commission's goal of rapidly 
introducing mid-band spectrum into the marketplace.
    275. The Commission's goal is to facilitate the expeditious 
deployment of next-generation services nationwide across the entire 280 
megahertz made available for terrestrial use, and the Commission's 
rules must properly align the incentives of eligible space station 
operators to hit that target. To the extent eligible space station 
operators can meet the Phase I and Phase II Accelerated Relocation 
Deadlines, they will be eligible to receive the accelerated relocation 
payments associated with those deadlines. And the Commission agrees 
with commenters that electing space station operators should receive 
reduced, but non-zero, accelerated relocation payments should they miss 
the specific deadlines. Indeed, commenters rightly argue that creating 
a ``cliff'' on the first day beyond the relevant deadline could create 
perverse incentives for space station operators to rush the relocation 
process at the expense of their customers (to avoid the loss of the 
entire payment), or to stop transition work entirely (since they could 
not get any accelerated relocation payment if they miss the deadline 
even by a day or a month). The Commission thus adopts a sliding scale 
of decreasing accelerated relocation payments that will provide enough 
of a ``carrot'' for space station operators to continue to accelerate 
their relocation even where they miss the relevant deadline while also 
maintaining a ``stick'' that does not render the accelerated relocation 
deadlines meaningless. Specifically, the Commission adopts the 
following schedule of declining accelerated relocation payments for the 
six months following each Accelerated Relocation Deadline. If an 
incumbent space station operator cannot complete the transition within 
six months of the relevant Accelerated Relocation Deadline, its 
associated payment will drop to zero.

------------------------------------------------------------------------
                                                            Accelerated
           Date of completion               Incremental     relocation
                                           reduction (%)    payment (%)
------------------------------------------------------------------------
By Deadline.............................  ..............             100
1-30 Days Late..........................               5              95
31-60 Days Late.........................               5              90
61-90 Days Late.........................              10              80
91-120 Days Late........................              10              70
121-150 Days Late.......................              20              50
151-180 Days Late.......................              20              30
181+ Days Late..........................              30               0
------------------------------------------------------------------------

    276. Subject to confirmation as to the validity of the 
certification, an eligible space station operator's satisfaction of the 
Accelerated Relocation Deadlines will be determined by the timely 
filing of a Certification of Accelerated Relocation demonstrating, in 
good faith, that it has completed the necessary clearing actions to 
satisfy each deadline. An eligible space station operator shall file a 
Certification of Accelerated Relocation with the Clearinghouse and make 
it available for public review in this docket once it completes its 
obligations but no later than the applicable relocation deadline. The 
Commission directs the Wireless Telecommunications Bureau to prescribe 
the form of such certification.
    277. The Bureau, Clearinghouse, and relevant stakeholders will have 
the opportunity to review the Certification of Accelerated Relocation 
and identify potential deficiencies. The Commission directs the 
Wireless Telecommunications Bureau to prescribe the form of any 
challenges by relevant stakeholders as to the validity of the 
certification, and to establish the process for how such challenges 
will impact the incremental decreases in the accelerated relocation 
payment. If credible challenges as to the space station operator's 
satisfaction of the relevant deadline are made, the Bureau will issue a 
public notice identifying such challenges and will render a final 
decision as to the validity of the certification no later than 60 days 
from its filing. Absent notice from the Bureau of any such deficiencies 
within 30 days of the filing of the certification, the Certification of 
Accelerated Relocation will be deemed validated.
    278. An eligible space station operator that meets the Phase I 
Accelerated Relocation Deadline and files the appropriate Certification 
of Accelerated Relocation may request its Phase I accelerated 
relocation payment for disbursement. The Clearinghouse will collect and 
distribute the accelerated relocation payments. The Clearinghouse shall 
promptly notify overlay licensees following validation of the 
Certification of Accelerated Relocation. Overlay licensees shall pay 
the accelerated relocation payments to the Clearinghouse within 60 days 
of the notice that eligible space station operators have met their 
respective accelerated clearing benchmark.\31\ The Clearinghouse shall 
disburse accelerated relocation payments to relevant space station 
operators within seven days of receiving the payment from overlay 
licensees. Overlay licensees may begin operations in their respective 
blocks and PEAs upon notice of a validated Certification of Accelerated 
Relocation, and, as relevant, following payment of any required 
accelerated relocation payments.\32\
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    \31\ We note that overlay licensees that fail to submit timely 
payment would be in violation of a condition of their license and 
therefore be subject to enforcement action, including potential 
monetary forfeitures, as well as loss of the license.
    \32\ To the extent overlay licensees negotiate to clear 
incumbents from the band earlier than any deadlines, they may deploy 
service with the consent of affected incumbent earth stations 
earlier than the deadline--but only so long as they make all 
required payments to the Clearinghouse in a timely manner.
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    279. Transition for Non-Electing Operators.--By declining to elect 
for accelerated relocation payments, an incumbent space station 
operator is irrevocably forfeiting any right to accelerated relocation 
payments, even if it completes all tasks by the Accelerated Relocation 
Deadlines and files a Certification of Accelerated Relocation. This is 
so because bidders in the public auction must know what obligations 
they will incur if they become overlay licensees, and the commitment to 
accelerated relocation therefore must

[[Page 22843]]

come well in advance of the auction. The Commission therefore finds it 
appropriate to limit eligible space station operators' ability to make 
such an election in the Accelerated Relocation Election filed no later 
than May 29, 2020.
    280. Transition Plan.--The Commission requires each eligible space 
station operator to submit to the Commission and make available for 
public review a Transition Plan describing the necessary steps and 
estimated costs to transition all existing services out of the lower 
300 megahertz of C-band spectrum. Such plans must be filed by June 12, 
2020. The Transition Plan must describe in detail the necessary steps 
for accomplishing the complete transition of existing C-band services 
to the upper 200 megahertz of the band by the Relocation Deadline or, 
as applicable, by the Accelerated Relocation Deadlines.\33\ Except 
where an incumbent earth station owner elects the lump sum payment and 
assumes responsibility for transitioning its own earth stations, 
eligible space station operators that elect Accelerated Relocation 
Payments are responsible for relocating all associated incumbent earth 
stations, and therefore must detail the details of such relocation in 
the Transition Plan.\34\ To the extent an incumbent space station 
operator does not elect Accelerated Relocation Payments but 
nevertheless plans to assume responsibility for relocating its own 
associated incumbent earth stations, it must make that clear in the 
Transition Plan (the responsibility otherwise falls on incumbent earth 
station owners to work with overlay licensees to facilitate an 
appropriate transition). The Transition Plan must also state a range of 
estimated costs for the transition, with appropriate itemization to 
allow reasonable review by overlay licensees, the Clearinghouse, and 
the Commission.
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    \33\ All required filings should be made in the docket for this 
proceeding, GN Docket No. 18-122.
    \34\ We encourage space station operators to coordinate with and 
seek input from associated incumbent earth station operators and 
other C-band satellite customers in developing their Transition 
Plans, and to work cooperatively with earth station operators--even 
those that elect a lump sum payment--during the transition. We 
decline, however, to require space station operators to include all 
of their ``express agreed commitments'' to their customers in the 
transition plans, as QVC and HSN request, as such requirement would 
be overly burdensome. The opportunity to comment on Transition Plans 
provides these customers the opportunity to raise concerns.
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    281. To ensure that incumbent earth station operators, other C-band 
satellite customers, and prospective flexible-use licensees are 
adequately informed regarding the transition, the Transition Plan must 
describe in detail: (1) All existing space stations with operations 
that will need to be repacked into the upper 200 megahertz; (2) the 
number of new satellites, if any, that the space station operator will 
need to launch in order to maintain sufficient capacity post-
transition, including detailed descriptions of why such new satellites 
are necessary; (3) the specific grooming plan for migrating existing 
services to the upper 200 megahertz, including the pre- and post-
transition frequencies that each customer will occupy; \35\ (4) any 
necessary technology upgrades or other solutions, such as video 
compression or modulation, that the space station operator intends to 
implement; (5) the number and location of earth stations antennas 
currently receiving the space station operator's transmissions that 
will need to be transitioned to the upper 200 megahertz; (6) an 
estimate of the number and location of earth station antennas that will 
require retuning and/or repointing in order to receive content on new 
transponder frequencies post-transition; and (7) the specific timeline 
by which the space station operator will implement the actions 
described in items (2) through (6).
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    \35\ While we recognize that space station operators may have an 
interest in maintaining confidentiality regarding certain aspects of 
specific contractual agreements and identifying customer 
information, we require that any information necessary to effectuate 
the transition in a transparent manner must be included in this 
filing. If space station operators will be migrating customers to 
frequencies on a different operator's space station, the details of 
that arrangement between two space station operators would be deemed 
necessary information.
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    282. The Commission recognizes that certain space station operators 
may find it advantageous or necessary to develop a combined space 
station grooming plan that allows for more efficient clearing by, for 
example, migrating customers to excess capacity on another space 
station operator's satellites. Such space station operators are free to 
file either individual or joint Transition Plans, so long as any 
combined plan separately identifies and describes all required 
information (i.e., items 1 through 7) as it pertains to each individual 
operator.
    283. Incumbent earth station operators, programmers, and other C-
band stakeholders will have an opportunity to file comments on each 
Transition Plan by July 13, 2020. The Wireless Telecommunications 
Bureau is directed to issue a Public Notice detailing the process for 
such notice and comment.
    284. The Commission also recognizes that there may be a need for an 
incumbent space station operator to make changes to its Transition Plan 
to update certain information or to cure any defects that may be 
identified by the Commission or by relevant stakeholders during the 
comment window. Space station operators must make any necessary updates 
or resolve any deficiencies in their individual Transition Plans by 
August 14, 2020. After this date, space station operators may only make 
further adjustments to their individual plans with the approval of the 
Commission.
    285. Relocation Coordinator and Status Reports.--The Commission 
finds it in the public interest to provide for a Relocation Coordinator 
to ensure that all incumbent space station operators are relocating in 
a timely manner. If eligible space station operators elect accelerated 
relocation so that a supermajority (80%) of accelerated relocation 
payments are accepted (and thus accelerated relocation is triggered), 
the Commission finds it in the public interest to allow a search 
committee of such operators to select a Relocation Coordinator. 
Specifically, each electing space station operator may select one 
representative for the search committee, and the committee shall work 
by consensus to the extent possible or by supermajority vote 
(representing 80% of electing operators' accelerated relocation 
payments) to the extent consensus cannot be reached.\36\ If electing 
eligible space station operators select a Relocation Coordinator, they 
shall also be responsible for paying for its costs out of accelerated 
relocation payments--this will align the incentives of the Relocation 
Coordinator and the search committee to minimize costs while maximizing 
the chances of meeting the Accelerated Relocation Deadlines.\37\
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    \36\ Given that the space station operators have primary 
responsibility for transitioning their associated incumbent earth 
stations, we decline NCTA's request to include earth station 
operators in the search committee for the Relocation Coordinator.
    \37\ Because this approach for selecting the Relocation 
Coordinator does not require that the selected entity be a neutral 
third-party, it is possible that the search committee will select a 
consortium of eligible space station operators. We therefore reject 
SES's request that overlay licensees, rather than space station 
operators, pay for the costs of the Relocation Coordinator, as such 
an approach could lead to self-dealing on the part of the Relocation 
Coordinator and create unnecessary additional costs for overlay 
licensees.
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    286. The Relocation Coordinator must be able to demonstrate that it 
has the requisite expertise to perform the duties required, which will 
include: (1) Coordinating the schedule for clearing the band; (2) 
performing engineering analysis, as necessary, to determine necessary 
earth station migration actions; (3) assigning obligations, as

[[Page 22844]]

necessary, for earth station migrations and filtering; (4) coordinating 
with overlay licensees throughout the transition process; (5) assessing 
the completion of the transition in each PEA and determining overlay 
licensees' ability to commence operations; and (6) mediating scheduling 
disputes. The search committee shall notify the Commission of its 
choice of Relocation Coordinator no later than July 31, 2020.
    287. The Wireless Telecommunications Bureau is hereby directed to 
issue a Public Notice inviting comment on whether the entity selected 
satisfies the criteria set out here. Following the comment period, the 
Bureau will issue a final order announcing that the criteria 
established in this Report and Order either have or have not been 
satisfied; should the Bureau be unable to find the criteria have been 
satisfied, the selection process will start over and the search 
committee will submit a new proposed entity. During the course of the 
Relocation Coordinator's tenure, the Commission will take such measures 
as are necessary to ensure a timely transition.
    288. In the event that the search committee fails to select a 
Relocation Coordinator and to notify the Commission by July 31, 2020, 
the search committee will be dissolved without further action by the 
Commission. In the event the search committee fails to select a 
Relocation Coordinator, or in the case that at least 80% of accelerated 
relocation payments are not accepted (and thus accelerated relocation 
is not triggered), the Commission will initiate a procurement of a 
Relocation Coordinator to facilitate the transition. Specifically, the 
Commission directs the Office of the Managing Director to initiate a 
procurement process, and the Wireless Telecommunications Bureau to take 
other necessary actions to meet the Accelerated Relocation Deadlines 
(to the extent applicable to any given operator) and the Relocation 
Deadline.
    289. In the case that the Wireless Telecommunications Bureau 
selects the Relocation Coordinator, overlay licensees will, 
collectively, pay for the services of the Relocation Coordinator and 
staff. The Relocation Coordinator shall submit its own reasonable costs 
to the Relocation Payment Clearinghouse, who will then collect payments 
from overlay licensees. It shall also provide additional financial 
information as requested by the Bureau to satisfy the Commission's 
oversight responsibilities and/or agency-specific/government-wide 
reporting obligations. Once selected, the Commission expects that the 
Relocation Coordinator will enter into one or more appropriate 
contracts with incumbent space station operators, overlay licensees, 
and their agents or designees.
    290. However selected, the Relocation Coordinator's 
responsibilities will be the same. In short, the Relocation Coordinator 
may establish a timeline and take actions necessary to migrate and 
filter incumbent earth stations to ensure uninterrupted service during 
and following the transition. The Relocation Coordinator must review 
the Transition Plans filed by all eligible space station operators and 
recommend any changes to those plans to the Commission to the extent 
needed to ensure a timely transition. To the extent that incumbent 
earth stations are not accounted for in eligible space station 
operators' Transition Plans, the Relocation Coordinator must prepare an 
Earth Station Transition Plan for such incumbent earth stations and may 
require each associated space station operator to file the information 
needed for such a plan with the Relocation Coordinator. Where space 
station operators do not elect to clear by the Accelerated Relocation 
Deadlines and therefore are not responsible for earth station migration 
and filtering, the Earth Station Transition Plan must provide timelines 
that ensure all earth station relocation is completed by the Relocation 
Deadline. The Relocation Coordinator will describe and recommend the 
respective responsibility of each party for earth station migration 
obligations in the Earth Station Transition Plan and assist incumbent 
earth stations in transitioning including, for example, by installing 
filters or hiring a third party to install such filters to the extent 
necessary. For example, where an earth station requires repointing or 
retuning to receive transmissions on a new frequency or satellite, it 
might be most efficient for the same party performing those tasks to 
also install the necessary filter at the same time.
    291. The Relocation Coordinator shall coordinate its operations 
with overlay licensees, who must ultimately pay for such relocation 
costs. The most efficient party to perform earth station migration 
actions or install an earth station filter, and the timeframe for doing 
so, likely will vary widely across earth stations. Incumbent space 
station operators must cooperate in good faith with the Relocation 
Coordinator--and the Relocation Coordinator must, likewise, coordinate 
in good faith with incumbent space station operators--throughout the 
transition. The Relocation Coordinator will also be responsible for 
receiving notice from earth station operators or other satellite 
customers of any disputes related to comparability of facilities, 
workmanship, or preservation of service during the transition and shall 
subsequently notify the Wireless Telecommunications Bureau of the 
dispute and provide recommendations for resolution.
    292. To protect the fair and level playing field for applicants to 
participate in the Commission's auction, beginning on the initial 
deadline for filing auction applications until the deadline for making 
post-auction down payments, the Relocation Coordinator must make real-
time disclosures of the content and timing of, and the parties to, 
communications, if any, from or to applicants in the auction, as 
applicants are defined by the Commission's rule prohibiting certain 
auction-related communications.
    293. The Commission also agrees with commenters like Global Eagle 
and NAB that regularly-filed status reports would aid our oversight of 
the transition. Specifically, the Commission requires each eligible 
space station operator to report the status of its clearing efforts on 
a quarterly basis, beginning December 31, 2020. Because eligible space 
station operators will likely need to cooperate to meet the accelerated 
timelines, the Commission invites and encourages them to file joint 
status reports. The Commission also requires the Relocation Coordinator 
to report on the overall status of clearing efforts on the same 
schedule. The Commission directs the Wireless Telecommunications Bureau 
to specify the form and format of such reports.
    294. Finally, the Commission rejects Eutelsat's assertion that the 
Commission should require the Relocation Coordinator to be a neutral 
third party. Eutelsat argues that allowing the Relocation Coordinator 
to be selected by a supermajority vote representing at least 80% of the 
electing operators' accelerated relocation payments would give Intelsat 
and SES effective control over the Relocation Coordinator, leading to 
potential conflicts of interest. Eutelsat argues that the Relocation 
Coordinator should, instead, be a neutral, independent third party akin 
to the Relocation Payment Clearinghouse. The Commission disagrees. The 
Relocation Coordinator's responsibilities will require detailed 
coordination with space station operators and earth stations to assess 
the validity of Transition Plans and ensure that the space station 
operators meet their relocation deadlines. A truly independent 
Relocation Coordinator may not have the requisite knowledge or 
expertise to perform these essential functions and

[[Page 22845]]

complete the transition in a timely manner. Given the complexity of the 
transition process, the importance of rapid clearing, and the need for 
ongoing coordination and cooperation with space station operators and 
their customers, the Commission finds that it is in the public interest 
for the Relocation Coordinator to be selected by parties representing 
the vast majority of the clearing responsibilities in the band. The 
Commission also finds that requiring the Relocation Coordinator to be a 
neutral, disinterested third party could create inefficiencies in the 
clearing process and endanger the successful completion of the 
transition. The Commission notes, however, that the Relocation 
Coordinator's responsibilities are the same vis-[agrave]-vis all 
incumbent space station operators and that it must operate in good 
faith to perform its duties on behalf of each incumbent operator.
7. Other FSS Transition Issues
    295. In this section, the Commission addresses two additional 
issues related to the FSS Transition that were raised in the record.
    296. Maintenance of IBFS Data Accuracy.--The Commission declines to 
require annual certification requirements or discontinuance 
requirements, as requested by advocates of point-to-multipoint flexible 
use in the band. The NPRM asked several questions about how best to 
maintain accurate earth station data in IBFS. The Commission believes 
there is increased awareness among incumbent earth station operators of 
their rights and responsibilities as a result of this proceeding and 
the various public notices associated with it. In addition, because FSS 
will no longer share with point-to-point in the contiguous United 
States and the Commission is not setting aside spectrum for point-to-
multipoint or flexible use in the band on a shared basis with FSS using 
coordination or dynamic spectrum management, the Commission does not 
believe that such additional measures are necessary or worth the 
additional regulatory requirements. Further, Section 25.162 of the 
Commission's rules already requires FSS licensees to keep their 
Commission registration and license information up to date, and it is 
the responsibility of earth station registrants under the Commission's 
rules to surrender any registration or license for an earth station no 
longer in use.
    297. Revising the Coordination Policy Between FSS and FS 
Services.--The full band, full arc coordination policy governs sharing 
between the co-primary FSS and FS services. In the contiguous United 
States this policy will be moot given our decisions today to transition 
the FSS allocation to the upper 200 megahertz of the band and to sunset 
incumbent point-to-point use of the band. Outside the contiguous United 
States, the record does not reflect any significant concerns with the 
existing policy. Indeed, satellite interests support retention of the 
full band, full arc policy and argue that the flexibility of full band, 
full arc is needed to deal with unanticipated satellite failures, 
emergencies on the ground, or unexpected interference. NCTA notes that 
earth station operators require flexibility to repoint and change 
frequencies. Accordingly, the Commission is not adopting its proposal 
to revise the coordination policy at this time to require earth 
stations to report to the Commission the actual frequencies and 
azimuths used. Nonetheless, if an earth station operator alleges 
harmful interference from wireless operations in adjacent bands, it 
must be prepared to provide all relevant technical data regarding its 
station's operation. Additionally, incumbent space station operations 
with earth stations will be protected on a primary basis in the 
remaining upper 200 megahertz of the band. Since the Commission is 
clearing 300 megahertz of the band and declining to permit point-to-
multipoint communications within this band at this time, the Commission 
need not further limit the scope of earth station operations. Allowing 
continued flexibility will also facilitate antenna re-pointing to 
different satellites during the clearing process.

C. Fixed Use in the C-Band

    298. The Commission adopts rules to sunset as of December 5, 2023, 
incumbent point-to-point Fixed Service use under part 101 in the 3.7-
4.2 GHz band in the contiguous United States. The Commission finds that 
doing so will serve the public interest by facilitating the 
introduction of flexible use into this band and providing incumbent 
Fixed Service licensees with a reasonable period to self-relocate their 
permanent fixed operations out of the 3.7-4.2 GHz band. The Commission 
also declines to adopt modifications to part 101 to permit point-to-
multipoint Fixed Service use in the 4.0-4.2 GHz band, as doing so could 
complicate the continued use of the 4.0-4.2 GHz band by FSS licensees 
during and after the transition.
1. Sunsetting Incumbent Point-to-Point Fixed Services
    299. As noted in the NPRM, point-to-point Fixed Service use of the 
band has declined steeply over the past 20 years and many other 
spectrum options are available for point-to-point links. In the 
contiguous United States, there are now only 87 point-to-point Fixed 
Service licenses in this band, of which 51 are permanent point-to-point 
Fixed Service and 36 temporary Fixed Service licenses.\38\ Frequency 
coordination allows FSS and terrestrial fixed microwave to share the 
band on a co-primary basis but coordination of mobile systems would be 
more complicated because the movement of the devices would require 
analyses and interference mitigation to avoid harmful interference to/
from both services. Indeed, the Commission's Emerging Technologies 
framework has largely involved the relocation of fixed services to 
allow for mobile operations under new, flexible-use licenses. The 
Commission must therefore carefully balance these incumbent uses 
against the need for additional spectrum for flexible use in deciding 
upon the best means of resolving issues in this proceeding in the 
public interest.
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    \38\ See Universal Licensing System, https://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp.
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    300. The Commission finds that the relatively limited incumbent 
point-to-point Fixed Service use in this band may be accommodated by 
sunsetting primary operations in the 3.7-4.2 GHz band in the contiguous 
United States as of December 5, 2023. Accordingly, the Commission 
adopts a modified version of our proposal to sunset, in three years, 
incumbent point-to-point Fixed Service use in the 3.7-4.2 GHz band in 
the contiguous United States. Specifically, existing licensees, as of 
April 19, 2018, of licenses for permanent Fixed Service operations will 
have until December 5, 2023, to self-relocate their point-to-point 
links out of the 3.7-4.2 GHz band. The Commission is also revising its 
part 101 rules to specify that no applications for new point-to-point 
Fixed Service operations in the 3.7-4.2 GHz band will be granted for 
locations in the contiguous United States. The record in this 
proceeding demonstrates the need to allocate this spectrum for flexible 
use for the provision of 5G, and commenters overwhelmingly support the 
Commission's proposal to sunset incumbent point-to-point Fixed Service 
use in the contiguous United States. On the other hand, because the 
Commission is not authorizing new flexible-use services outside of the 
contiguous

[[Page 22846]]

United States at this time, the Commission finds that it would not be 
in the public interest to maintain the existing freeze on new point-to-
point Fixed Service links in those areas. Therefore, the freeze on 
point-to-point microwave Fixed Service applications for sites outside 
of the contiguous United States will be lifted on the date of 
publication of this action in the Federal Register. This decision 
lifting the freeze, in part, relieves a restriction and therefore is 
exempt from the effective date requirements of the Administrative 
Procedure Act. Moreover, the Commission finds that there is good cause 
for not delaying the partial lifting of the freeze because such a delay 
would be unnecessary and contrary to the public interest because it 
would not serve purposes of the freeze.
    301. New equipment in other bands is readily available for point-
to-point operations and allowing new authorizations in the 4.0-4.2 GHz 
band could frustrate the satellite repacking and overall repurposing of 
the 3.7-3.98 GHz band for 5G in the contiguous United States. Other 
bands available for assignment for fixed microwave services under part 
101 include 5925-6425, 6525-6875, 6875-7125, 10,700-11,700, 17,700-
18,300, 19,300-19,700 MHz, and 21,200-23,600 MHz. This sunset provision 
that the Commission adopts pursuant to its spectrum management 
authority under Title III will protect the operations of incumbent 
Fixed Service licensees while avoiding harmful interference to new 
flexible-use licensees and facilitating the FSS transition to the upper 
200 megahertz.
    302. In the NPRM, the Commission also sought comment on whether to 
treat those with permanent licenses differently from those with 
temporary licenses. The 36 licenses for temporary fixed links in the 
contiguous United States are blanket licenses to use any frequencies in 
the 3.7-4.2 GHz band for temporary links within a defined geographic 
area, e.g., statewide. These licenses allow carriers to meet short-term 
needs for fixed links by prior coordinating specific frequencies and 
locations with all affected licensees.\39\ Although these licenses have 
10-year terms, a link cannot be used at a given location for more than 
180 days. To be sure, these temporary licenses are different from 
licenses for permanent links. The Commission finds, however, in the 
context of our actions today making 280 megahertz of mid-band spectrum 
available as rapidly as possible, that these distinctions do not 
provide a sufficient public interest justification for treating the 36 
temporary fixed licensees differently from the 51 permanent fixed 
licensees in the 3.7-4.2 GHz band. While temporary fixed licensees 
operate on a non-interference basis, the burden of analyzing and 
responding to coordination requests from these operators and to protect 
any successfully coordinated operations for up to 180 days could add 
additional complexity to new flexible-use deployments and earth-station 
transitions. Accordingly, these 36 licensees will have until December 
5, 2023, to modify or replace their temporary fixed 3.7-4.2 GHz band 
equipment with comparable equipment that operates in other bands. 
Additionally, given that other bands are available for temporary fixed 
operations, the Commission is revising our rules for the contiguous 
United States to bar acceptance of applications for new licenses for 
temporary fixed operations in the 3.7-4.2 GHz band.
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    \39\ See, e.g., Universal Licensing System, Call Sign KCA74 
(authorizing temporary fixed operations statewide in two states in 
three bands); Call Sign KJA75 (authorizing temporary fixed 
operations statewide in nine states in over ten bands).
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    303. Relocation Reimbursement and Cost Sharing.--Incumbent 
licensees of point-to-point Fixed Service links that relocate out of 
the 3.7-4.2 GHz band by December 5, 2023, shall be eligible for 
reimbursement of their reasonable costs based on the well-established 
``comparable facilities'' standard used for the transition of microwave 
links out of other bands. Similar to the Commission's approach for 
earth station clearing, because fixed service relocation affects 
spectrum availability on a local basis, all flexible-use licensees in a 
PEA where an incumbent Fixed Service licensee self-relocated will share 
in the reimbursement of these reasonable costs on a pro rata basis. 
Incumbent Fixed Service licensees will be subject to the same 
demonstration requirements and reimbursement administrative provisions 
as those adopted above for incumbent earth station operators.
    304. Estimated Relocation Costs of the FS Transition.--The 
Commission finds it appropriate to provide potential bidders in our 
public auction with an estimate of the relocation costs that they may 
incur should they become overlay licensees. The Commission cautions 
that our estimates are estimates only, and it makes clear that overlay 
licensees will be responsible for the entire allowed costs of 
relocation--even to the extent that those costs exceed the estimated 
range of costs. The Commission further cautions that the record 
contains no information on the cost estimates of clearing the 87 
incumbent licensees in the band.
    305. The Commission's licensing records reflect that the 51 
licenses for permanent links authorize a total of 702 links (discrete 
frequencies). The Commission notes that for microwave links relocated 
from the 2.1 GHz Advanced Wireless Services bands, $184,991 was the 
average cost per link relocation registered with the AWS Clearinghouse. 
Using this average cost per link to estimate the total cost of clearing 
702 links from the 3.7-4.2 GHz band, results in a cost estimate of 
$129.9 million. Licensees of temporary fixed links were not entitled to 
relocation reimbursement from AWS licensees so the AWS Clearinghouse 
data may be less informative. The record is devoid of any cost data but 
the average cost per temporary link should be 25-50% lower than for 
permanent links because temporary links do not usually involve towers. 
Using $138,743 (25% lower) as the average replacement cost, if each of 
the 36 licensees has equipment for one temporary fixed link in the 3.7-
4.2 GHz band, this results in a cost estimate of $5.13 million and a 
total cost estimate for all fixed links of approximately $135 million.
2. More Intensive Point-to-Multipoint Fixed Use
    306. The Commission has decided to adopt flexible-use rules for 
this band that allow operators the ability to use it for fixed or 
mobile operations (or a combination thereof), and thus declines to 
adopt changes to part 101 that would limit terrestrial use of any 
portion the 3.7-4.2 GHz band to point-to-multipoint Fixed Service use.
    307. In the NPRM, the Commission sought comment on rules that would 
allow for the more intensive point-to-multipoint Fixed Service use of 
the band, how permitting fixed wireless would affect the possible 
future clearing of the band for flexible use and the use of the band 
for satellite operations, and the impact that point-to-multipoint use 
would have on the flexibility of FSS earth stations to modify their 
operations in response to technical and business needs. Although some 
commenters support variations of rules that would license non-
geographic, unauctioned point-to-multipoint Fixed Service use of the 
3.7-4.2 GHz band, a number of commenters oppose the proposal. 
Commenters emphasize that licensing point-to-multipoint Fixed Service 
before or during the transition would substantially devalue the 
spectrum for flexible use, increase the costs of the transition, and 
undermine market-based

[[Page 22847]]

approaches to placing this spectrum to its most valued use.
    308. The Commission agrees and finds that the record demonstrates 
that it would be unwise to open this band to point-to-multipoint Fixed 
use, as a stand-alone service, at this time. Other bands are available 
for point-to-multipoint use, including licensed spectrum immediately 
below 3.7 GHz. In short, permitting flexible use, fixed or mobile, 
services across the entire cleared band will ensure that prospective 
wireless providers have the ability to provide whichever services 
(including point-to-multipoint) that consumers most demand. And 
authorizing more intensive point-to-multipoint Fixed Service use of the 
4.0-4.2 GHz band before the transition is over could dramatically 
complicate the repacking and relocation of FSS operations and earth 
station registrants.

D. Technical Rules for the 3.7-4.2 GHz Band

    309. The Commission adopts technical rules for the 3.7-4.2 GHz band 
spectrum. The Commission finds that the technical rules it adopts 
herein will encourage efficient use of spectrum resources and promote 
investment in the 3.7-3.98 GHz band while protecting incumbent users in 
the band and in adjacent bands.
    310. The Commission notes that Comcast recommends that the 
Commission ``encourage interested stakeholders to convene a broad-based 
group to develop a comprehensive framework for addressing interference 
prevention, detection, mitigation, and enforcement.'' Such groups have 
been successful in the past in providing the Commission with valuable 
insights and useful information regarding spectrum transitions for new 
uses.\40\ The Commission believes that such a multi-stakeholder group 
could provide valuable insight into the complex coexistence issues in 
this band and provide a forum for the industry to work cooperatively 
towards efficient technical solutions to these issues. The Commission 
encourages the industry to convene a group of interested stakeholders 
to develop a framework for interference prevention, detection, 
mitigation, and enforcement in the 3.7-4.2 GHz band. The Commission 
also encourages any multi-stakeholder group that is formed to consider 
best practices and procedures to address issues that may arise during 
the various phases of the C-band transition and to consider coexistence 
issues related to terrestrial wireless operations below 3.7 GHz. To 
ensure that all viewpoints are considered, the Commission encourages 
industry to include representatives of incumbent earth stations 
(including MVPDs and broadcasters), incumbent space station operators, 
wireless network operators, network equipment manufacturers, and 
aeronautical radionavigation equipment manufacturers. The Commission 
does not, however, take a position on the exact makeup or 
organizational structure of any such stakeholder group.
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    \40\ For example, after the Commission created the Citizen's 
Broadband Radio Service, the Wireless Innovation Forum stood up the 
Spectrum Sharing Committee to serve as a common industry and 
government standards body to support the development and advancement 
of Citizen's Broadband Radio Service Standards. See https://cbrs.wirelessinnovation.org/about.
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    311. The Commission directs the Office of Engineering and 
Technology to act as a liaison for the Commission with any such multi-
stakeholder group so formed. In particular, the Commission expects the 
Office to observe the functioning of any such group and the technical 
concerns aired to keep an ear to the ground, as it were, on technical 
developments that come to light as the relocation process occurs. The 
Commission also expects the Office to provide guidance to any such 
group on the topics on which it would be most helpful for the 
Commission to receive input and a sense of the time frames in which 
such input would be helpful.
1. Power Levels
    312. Base Station Power.--To support robust deployment of next-
generation mobile broadband services, the Commission will allow base 
stations in non-rural areas to operate at power levels up to 1640 watts 
per megahertz EIRP. In addition, consistent with other broadband mobile 
services in nearby bands (AWS-1, AWS-3, AWS-4 and PCS), the Commission 
will permit base stations in rural areas to operate with double the 
non-rural power limits (3280 watts per megahertz) in rural areas. The 
Commission extends the same power density limit to emissions with a 
bandwidth less than one megahertz to facilitate uniform power 
distribution across a licensee's authorized band regardless of whether 
wideband or narrowband technologies are being deployed. This approach 
also provides licensees the flexibility to optimize their system 
designs to provide wide area coverage without sacrificing the 
flexibility needed to address coexistence issues with FSS operations. 
Further, because advanced antenna systems often have multiple radiating 
elements in the same sector, the Commission clarifies that the power 
limits it is adopting apply to the aggregate power of all antenna 
elements in any given sector of a base station.
    313. The Commission agrees with commenters and believe that, 
similar to development in other bands, these base station power limits 
will promote investment in the 3.7-3.98 GHz band and facilitate the 
rapid and robust deployment of next generation wireless networks, 
including 5G. The Commission also finds that adopting consistent power 
levels with other AWS bands will allow licensees to achieve similar 
coverage, creating network efficiencies between network deployments in 
different spectrum bands.
    314. The Commission disagrees with commenters that argue that the 
base station power limits in this band should be lower to facilitate 
coexistence with FSS earth stations and flexible-use operations below 
the 3.7 GHz band edge. The Commission believes that the 3.7-3.98 GHz 
band will be a core band for next generation wireless networks, 
including 5G, and will require power levels consistent with other bands 
used for wide area wireless operations to reach its full potential. The 
Commission also finds that the protection mechanisms it adopts herein 
will ensure that the potential for harmful interference to incumbent 
FSS earth stations is minimized regardless of the base station power 
levels permitted in the band. Indeed, the Commission notes that the C-
Band Alliance modified its original proposal specifically to support 
base station power levels consistent with those we adopt here and has 
indicated that such power levels will not inhibit the rapid 
introduction of next generation wireless services to this band.
    315. The Commission declines to adopt its proposal to impose a 
different power level for emissions less than one megahertz wide as we 
do not believe such a distinction is necessary. That is, rather than 
impose an absolute power limit for narrow emissions, the Commission 
adopts the same power density limits for all emissions in the band. 
Verizon supports a power density rule without a separate power limit 
for emissions less than one megahertz and suggests a minimum channel 
bandwidth of five megahertz to ensure use of the band for broadband 
applications. The Commission notes that the power rules for PCS and 
AWS-1, e.g., where base stations are permitted an EIRP of 1640 Watts/
MHz for emissions greater than 1 megahertz or 1640 Watts per emissions 
with a bandwidth of less than 1 MHz, were developed when mobile 
services were transitioning from narrowband (GSM systems) to wideband

[[Page 22848]]

technologies (CDMA). Thus, the Commission adopted the rules to ensure 
continued service to the public regardless of technology deployed. 
While 4G and 5G technologies have continued the trend towards wider 
channel bandwidths, certain narrowband Internet of Things (NB-IoT) 
technologies use smaller bandwidths (e.g., 180 kHz). The Commission 
does not believe a separate power per emission distinction is necessary 
to accommodate narrowband emissions because they are often integrated 
with wideband emissions as additional resource blocks as opposed to 
being deployed as separate systems. Nor does the Commission believe it 
should adopt a minimum emission bandwidth for the band because 
licensees should be permitted to choose the best technology or a mix of 
technologies to meet market demands. Moreover, the Commission is 
mindful of the interference potential possible under our proposed rule 
whereby a licensee could deploy up to five NB-IoT channels in one 
megahertz. This situation could lead to an aggregate power of 8200 
Watts/MHz in an urban area and 16400 Watts/MHz in a rural area. 
Licensees still have flexibility to implement any technology in 
accordance with our technical flexibility framework and can design 
their networks to ensure coverage, but our rules will ensure power 
parity between technologies. This approach should avoid an unlikely, 
yet problematic scenario where a system stacks narrowband high-powered 
emissions to meet coverage goals while also potentially interfering 
with adjacent channel operations. Thus, the Commission set a uniform 
power density distribution across the full 3.7-3.98 GHz band regardless 
of channel bandwidth.
    316. The Commission also declines to adopt a maximum power limit of 
75 dBm EIRP, summed over all antenna elements. While the Commission 
sought comment on this limit in the NPRM, it received little support on 
the record and several parties claimed that such a limit could hinder 
network deployments. The Commission agrees and finds that an upper 
limit could hinder flexibility to deploy wider bandwidth technologies 
without any corresponding benefit, as 3.7-3.98 GHz band licensees will 
design their systems to protect earth station locations around their 
deployments.
    317. Mobile Power.--The Commission adopts a 1 Watt (30 dBm) EIRP 
power limit for mobile devices, as proposed in the NPRM. The Commission 
finds that this mobile power limit will provide adequate power for 
robust mobile service deployment. Additionally, this limit will permit 
operation of mobile power classes as outlined in the 5G standards.\41\ 
The Commission note that most commenters support the proposed 1 Watt 
EIRP mobile power limit as adequate for 5G operations and as being 
consistent with industry standards.\42\
---------------------------------------------------------------------------

    \41\ See 3GPP 38.101-1 NR; User Equipment (UE) radio 
transmission and reception; Part 1: Range 1 Standalone (Release 15).
    \42\ See 3GPP TS 38.101-3 version 15.2.0 Release 15 at 80 (UE 
Power class (PC) For FR1: Power class 3: 23 dBm and Power class 2: 
26 dBm). AT&T Reply at 18; Ericsson Comments at 20; Nokia Comments 
at 12.
---------------------------------------------------------------------------

    318. While a few commenters suggest allowing higher power limits, 
the Commission does not find the record supports a specific need for 
higher power at this time. Mobile devices typically operate at levels 
below 1 Watt to preserve battery life, meet human exposure limits, and 
meet power control requirements.
    319. Similarly, the Commission disagrees with commenters that 
suggest lower mobile power limits consistent with those in the 3.5 GHz 
band. The Citizens Broadband Radio Service, which is based on lower 
power, narrower channels and a dynamic spectrum sharing framework, is 
fundamentally different than the service we are permitting in the 3.7-
3.98 GHz band. Thus, the limits adopted there are not appropriate for 
this band. Licensees are expected to deploy much wider channel 
bandwidths and will operate in exclusively licensed spectrum. The 
mobile power limit the Commission adopts is intended to provide 
consistency between mobile 5G deployments in the 3.7-3.98 GHz band and 
comparable macro cell deployment in the PCS, AWS, and similar bands.
2. Out-of-Band Emissions
    320. Base Station Out-of-Band Emissions.--The Commission adopts 
base station out-of-band emission (OOBE) requirements based on our 
proposed limits, which are similar to other AWS services. Specifically, 
base stations will be required to suppress their emissions beyond the 
edge of their authorization to a conducted power level of -13 dBm/MHz.
    321. This limit is supported by several commenters because it 
avoids unnecessary constraints on flexible-use equipment in areas far 
from FSS earth stations and is compatible with the rules governing 
other mobile broadband services. The Commission adopts a conducted 
limit of -13 dBm/MHz because it is consistent with the emission limits 
the Commission has established for other mobile broadband services and 
the emission limits established for 5G technologies by standards 
bodies, and the Commission finds that this limit has been widely 
accepted as being adequate for reducing unwanted emissions into 
adjacent bands. The C-Band Alliance supports the OOBE limits contained 
in the 3GPP standard for band n77. Here the Commission establishes a 
fixed emission mask that fits within the 3GPP specifications and is 
less complicated. Further, the Commission is not adopting a suggestion 
to relax the limits in the first 10 megahertz outside of a licensee's 
authorized band because there is insufficient debate in the record on 
the impact of such a relaxation to adjacent channel operations and we 
believe manufacturers and licensees are familiar with our standard -13 
dBm/MHz limit and have tools to ensure they meet this limit.
    322. While some commenters support emission suppression to levels 
lower than what the Commission adopts, these more stringent emission 
limits would likely hinder the full potential of 5G deployment in this 
band. Because out-of-band emissions generally continue to decrease with 
spectral separation and manufacturers typically are able to filter 
those emissions to levels lower than what either our adopted limits or 
the 3GPP emission masks require,\43\ the Commission does not believe it 
is necessary to specify additional levels of suppression further 
outside the band.
---------------------------------------------------------------------------

    \43\ 3GPP Standard TS 38.104, version 16.1.0, clause 6.6.4.2.1 
for Category A base stations.
---------------------------------------------------------------------------

    323. For base station OOBE, the Commission applies the part 27 
measurement procedures and resolution bandwidth that are used for AWS 
devices outlined in Sec.  27.53(h). Specifically, a resolution 
bandwidth of 1 megahertz or greater will be used; except in the 1 
megahertz bands immediately outside and adjacent to the licensee's 
frequency block where a resolution bandwidth of at least 1% of the 
emission bandwidth may be employed. These procedures have been 
successfully used to prevent harmful interference from similar services 
operating in nearby bands. Thus, the Commission concludes that there is 
no demonstrated reason to change them for the 3.7-3.98 GHz band.
    324. Mobile Out-of-Band Emissions.--As with base station out-of-
band emission limits, we adopt mobile emission limits similar to our 
standard emission limits that apply to other mobile broadband services. 
Specifically, mobile units must suppress the conducted emissions to no 
more than -13 dBm/MHz outside their authorized frequency band.

[[Page 22849]]

    325. This limit is widely supported by the comments. The Commission 
notes that those emission masks vary by channel bandwidth. The 
Commission agrees that requiring limits more stringent than the 3GPP 
requirements ``could prevent user equipment that operates on wide 
channel bandwidths from being certified for use in the United States.'' 
The Commission adopted a relaxation of the emission limit within the 
first five megahertz of the channel edge by varying the resolution 
bandwidth used when measuring the emission. For emissions within 1 
megahertz from the channel edge, the minimum resolution bandwidth will 
be either one percent of the emission bandwidth of the fundamental 
emission of the transmitter or 350 kilohertz. In the bands between one 
and five megahertz removed from the licensee's authorized frequency 
block, the minimum resolution bandwidth will be 500 kilohertz. The 
adopted relaxation will not affect the interference to FSS above 4.0 
GHz. The adopted relaxation will be entirely contained within the 20 
megahertz guard band. The effect on Citizens Broadband Radio Service 
operations below 3.7 GHz should be minimal. This limit will ensure new 
3.7 GHz Service operators have a robust equipment market in which 
mobile devices can be designed to operate across the variety of 
spectrum bands currently available for mobile broadband services. The 
Commission finds that this limit has been widely accepted as being 
adequate for reducing unwanted emissions into adjacent bands.
    326. The Commission notes that the C-Band Alliance proposed a more 
stringent mobile equipment emission mask, but later supported emission 
masks developed by standards bodies suitable for 5G devices. As with 
the requirements for base stations, the Commission's approach will 
provide equipment developers and adjacent channel licensees certainty 
as compared to the 3GPP 5G OOBE specifications, which vary with 
bandwidth. The limit largely falls within the 3GPP mask and does not 
preclude higher levels of suppression should they be needed.
    327. The Commission notes that, like the AWS requirements, the 
Commission is adopting provisions that permit licensees in the 3.7-3.98 
GHz band to implement private agreements with adjacent block licensees 
to exceed the adopted OOBE limits. Finally, similar to other part 27 
services, the Commission applies Sec.  27.53(i), which states that the 
FCC may, in its discretion, require greater attenuation than specified 
in the rules if an emission outside of the authorized bandwidth causes 
harmful interference.
3. Antenna Height Limits
    328. The Commission adopts its proposal not to restrict antenna 
heights for 3.7-3.98 GHz band operations beyond any requirements 
necessary to ensure physical obstructions do not impact air navigation 
safety. This is consistent with part 27 AWS rules, which generally do 
not impose antenna height limits on antenna structures.
    329. Commenters generally support adopting 3.7-3.98 GHz band rules 
similar to existing part 27 rules to promote consistency.
    330. Rather than using antenna height limits to reduce interference 
between mobile service licensees, as has been done in the past, the 
Commission more recently has used service boundary limits to provide 
licensees more flexibility to design their systems while still ensuring 
harmful interference protection between systems. As this has proven 
successful in other services, the Commission adopts that same approach 
in the 3.7-3.98 GHz band. Further, the Commission believes such limits 
would have limited practical effect because it expects that licensees 
generally will deploy systems predicated on lower tower heights and 
increased cell density achieving maximum 5G data throughput to as many 
consumers as possible. In rural areas where higher antennas may be used 
to provide longer range to serve sparse populations, the Commission 
believes that the service area boundary limits it is adopting will 
ensure that adjacent area licensees are protected from harmful 
interference.
4. Service Area Boundary Limit
    331. The Commission adopts the -76 dBm/m\2\/MHz power flux density 
(PFD) limit at a height of 1.5 meters above ground at the border of the 
licensees' service area boundaries as proposed in the NPRM and also 
permits licensees operating in adjacent geographic areas to voluntarily 
agree to higher levels at their common boundaries.
    332. The commenters that specifically address the service area 
boundary limit support the -76 dBm/m\2\/MHz PFD limit. The Commission 
also notes that this metric is straightforward to calculate or measure 
and also scales with channel bandwidth to provide licensees flexibility 
for demonstrating compliance.
5. International Boundary Requirements
    333. The Commission adopts its proposal to apply Sec.  27.57(c) of 
its rules to this band, which requires all part 27 operations to comply 
with international agreements for operations near the Mexican and 
Canadian borders. This requirement is consistent with all other part 27 
services. Under this provision, licensee operations must not cause 
harmful interference across the border, consistent with the terms of 
the agreements currently in force. The Commission notes that 
modification of the existing rules might be necessary in order to 
comply with any future agreements with Canada and Mexico regarding the 
use of these bands.
6. Other Part 27 Rules
    334. As proposed in the NPRM, the Commission adopts several 
additional technical rules applicable to all part 27 services, 
including Sec. Sec.  27.51 (Equipment authorization), 27.52 (RF 
safety), 27.54 (Frequency stability), and part 1, subpart BB, of the 
Commission's rules (Disturbance of AM Broadcast Station Antenna 
Patterns) for operations in the 3.7-3.98 GHz band. As operations in the 
3.7-3.98 GHz band will be a part 27 service, the Commission finds these 
rules implement important safeguards for all wireless services to 
ensure that devices meet RF safety limits and that the potential for 
causing harmful interference to other operations is minimized. Further, 
few commenters address these issues other than supporting uniformity of 
3.7-3.98 GHz band regulations with other part 27 services that will 
operate in nearby bands.
    335. As the Commission has done for other part 27 services since 
2014, the Commission also require client devices to be capable of 
operating across the entire 3.7-3.98 GHz band. Specifically, the 
Commission adds the 3.7-3.98 GHz band to Section 27.75, which requires 
mobile and portable stations operating in the 600 MHz band and certain 
AWS-3 bands to be capable of operating across the relevant band using 
the same air interfaces that the equipment uses on any frequency in the 
band. This requirement does not require licensees to use any particular 
industry standard. The Commission agrees that cross band operability is 
important to ensure a robust equipment market for all licensees.
7. Protection of Incumbent FSS Earth Stations
    336. The record reflects widely varying views on how to protect 
incumbent operations and whether such protections should be negotiated 
or mandated by rule. The Commission adopts here specific criteria for 
the protection of the incumbent FSS earth stations but acknowledge the 
possibility

[[Page 22850]]

of private negotiations that depart from these limits.
    337. The Commission will require a PFD limit of -124 dBW/m\2\/MHz 
as measured at the earth station antenna. This PFD limit applies to all 
emissions within the earth station's authorized band of operation, 4.0-
4.2 GHz. In the event of early clearing of the lower 100 megahertz 
(Phase 1 of the transition), the limit will apply to all emissions 
within the 3.82-4.2 GHz band. The Commission also requires a PFD limit 
of -16 dBW/m\2\/MHz applied across the 3.7-3.98 GHz band at the earth 
station antenna as a means to prevent receiver blocking. This blocking 
limit applies to all emissions within the 3.7 GHz Service licensee's 
authorized band of operation.
a. Protection From Out of Band Emissions
    338. The Commission adopts a PFD limit to protect registered FSS 
earth stations from out of band emissions from 3.7 GHz Service 
operations. For base and mobile stations operating in the 3.7-3.98 GHz 
band, the Commission adopts a PFD limit of -124 dBW/m\2\/MHz, as 
measured at the antenna of registered FSS earth stations. 3.7 GHz 
Service licensees will be obligated to ensure that the PFD limit at FSS 
earth stations is not exceeded by base and mobile station emissions, 
which may require them to limit mobile operations when in the vicinity 
of an earth station receiver.
    339. The record contains a range of proposals on how FSS earth 
stations should be protected. Notably, the C-Band Alliance proposes a 
formula to calculate the expected received aggregate PSD at each FSS 
earth station receiver. The C-Band Alliance's proposed approach would 
require terrestrial licensees to consider the aggregate effect of all 
mobile and base station operations within 40 km of each earth station 
over a defined span of look angles for the earth station and a defined 
reference antenna. Several commenters argue that the C-Band Alliance's 
proposal is overly protective and would hinder 5G deployment. AT&T 
recommends adopting a PFD limit of -124 dBW/m\2\/MHz for 5G operations 
in the 50 megahertz immediately below the FSS band edge. The Commission 
agrees with this PFD value, but rather than apply it to stations only 
in a specific 50 megahertz as suggested by AT&T, it will apply that 
limit to all wireless operations in the 3.7-3.98 GHz band to ensure 
that earth stations are adequately protected.
    340. The Commission finds that requiring compliance with a PFD 
limit is relatively simple and less burdensome on FSS earth station 
operators and 3.7 GHz Service licensees to implement than a PSD limit. 
Using PFD avoids the complexity of registering complex antenna gain 
patterns for more than twenty thousand earth stations, and it avoids 
multiple angular calculations that would be necessary to predict PSD 
within each satellite receiver. The PFD limit the Commission is 
adopting is based on a reference FSS antenna gain of 0 dBi, 
interference-to-noise (I/N) protection threshold of -6 dB, a 142.8K FSS 
earth station receiver noise temperature, and results in a calculated 
PFD of -120 dBW/m\2\/MHz.\44\ To account for aggregate interference 
effects, which the Commission expects will be dominated by a single 
interferer, we adjust our calculated value by -4 dB (i.e., assuming the 
dominant interferer is 40% of the aggregate power). This results in -
120 dBW/m\2\/MHz -4 dB = -124 dBW/m\2\/MHz as the PFD limit to protect 
earth stations from out-of-band emissions. The Commission finds that 
using these parameters to calculate a PFD limit is reasonable and will 
adequately protect FSS earth station receivers from out-of-band 
emissions from fixed and mobile operations in the 3.7-3.98 GHz band.
---------------------------------------------------------------------------

    \44\ PFD (dBW/m\2\/MHz) = 10*log[(kT)*(4[pi]/[lgr]\2\)*(I/
N)*(10-6 MHz/Hz)] = (-228.6 dBW/Hz) + 10*log(142.8) + 
33.5 dB/m\2\-6 dB (I/N) + 60 dB-Hz/MHz = -120 dBW/m\2\/MHz.
---------------------------------------------------------------------------

    341. The C-Band Alliance offered a method of estimating the effect 
of the aggregate power of all base stations within a certain distance 
of an FSS earth station. It provides a formula that considers the 
impact of aggregate power from all base stations and mobile devices 
from one licensee for operations within 40 km of an earth station, and 
if there are more than one licensee within 40 km it essentially divides 
allotted power by the number of licensees that operate in the subject 
area. This approach has challenges in that the number and location of 
mobile operations may be constantly changing, making it difficult to 
predict the aggregate power for all such stations. Thus, the C-Band 
Alliance approach assumes all relevant stations have equal potential to 
cause interference to an earth station. AT&T argues that the C-Band 
Alliance's aggregate power proposal is flawed, overly complex and does 
not account for the fact that a single dominant interferer drives the 
interference power received, not aggregate interference. The Commission 
agrees that the base stations closest to any earth station will have a 
larger potential for causing harmful interference than stations further 
away. The Commission declines to adopt the C-Band Alliance proposed 
methodology. The Commission finds that the methodology is excessively 
burdensome for FSS operators and terrestrial licensees, and it involves 
complex calculations that are unnecessary to reasonably limit the 
service impact of potential interference. Moreover, the PFD limit the 
Commission is adopting accounts for the potential of aggregate 
interference and will protect FSS earth stations from harmful 
interference.
    342. The C-Band Alliance proposes that earth station protection be 
applied to all locations within one arc second (i.e., about 30 meters 
depending on location) to provide a buffer around stations. The 
Commission declines to establish a buffered protection area for earth 
stations. The Commission observes that the angular variation over a 30 
meter radius protection area is less than 1.7 degrees at distances 
greater than 1 km, and the path loss variation over a 30 meter radius 
protection area at distances greater than 1 km is less than 1 dB.\45\ 
The Commission finds that protecting an area of a certain radius 
instead of an actual deployment could hinder deployment closer to earth 
stations because it could minimize the effect of terrain or shielding.
---------------------------------------------------------------------------

    \45\ 35*log10(1,030/970) = 0.91 dB.
---------------------------------------------------------------------------

b. Protection From Receiver Blocking
    343. The Commission will require base stations and mobiles to meet 
a PFD limit of -16 dBW/m\2\/MHz, as measured at the earth station 
antenna for all registered FSS earth stations. This blocking limit 
applies to all emissions within the 3.7 GHz Service licensee's 
authorized band of operation.
    344. It is possible that emissions operating at high power, even 
one relatively removed in frequency, may overload a receiver in an 
adjacent band, also known as receiver blocking. Such blocking effects 
can be mitigated with filters designed to protect FSS earth stations 
from receiving energy intended for adjacent channels. Ericsson noted 
that the NTIA recommended the RF front-end preselection filters be 
included in new C-band earth station installation to preclude receiver 
front-end overload. The C-Band Alliance proposed an FSS blocking 
protection mechanism based on an aggregate power spectrum density 
(APSD) protection threshold that must be met by all terrestrial 
operators within 40 km of each earth station. The APSD is a function of 
the total amount of C-band spectrum, in megahertz, cleared for 
flexible-use licensees and the number of

[[Page 22851]]

distinct licensees using the same frequency block within a 40 km radius 
of an earth station. The C-Band Alliance also proposed to install 
filters on all protected earth stations to reduce their susceptibility 
to blocking. After a series of refinements and testing of several 
prototype filters, the C-Band Alliance proposed the following 
definition of the FSS earth station filter mask:

------------------------------------------------------------------------
                     Frequency range                        Attenuation
------------------------------------------------------------------------
From 3.7 GHz to 100 megahertz below FSS band edge.......         -70 dB.
From 100 megahertz below lower FSS band edge to 20               -60 dB.
 megahertz below lower FSS band edge....................
From 20 megahertz below lower FSS band edge to 15                -30 dB.
 megahertz below lower FSS band edge....................
From 15 megahertz below lower FSS band edge to lower FSS           0 dB.
 band edge..............................................
------------------------------------------------------------------------

    345. The transition of the 3.7-3.98 GHz band to flexible use may be 
conducted in phases, with an accelerated clearing of the lower 100 
megahertz of the band. Some earth stations may need to have two 
different filters installed over the course of the transition. The 
filter mask above is defined relative to the lower band edge of the FSS 
and is applicable to both phases of the accelerated clearing plan. In 
Phase I, the FSS lower band edge is defined to be 3.82 GHz while in 
Phase II the FSS lower band edge is defined to be 4.0 GHz.
    346. The Commission acknowledges that there can be variation in 
filter performance. However, when properly designed and installed, 
filters can have significant impact in reducing interference to FSS 
earth stations. While the Commission agrees with Verizon that C-band 
filter mask technology may be subject to further improvement, the 
Commission believes that failure to develop a baseline minimum 
specification can and will delay deployment of 5G networks in this 
band.
    347. The Commission adopts a PFD limit to protect FSS earth 
stations from receiver blocking, relying on C-Band Alliance's filter 
specification for suppression of signals from the 3.7-3.98 GHz band. 
PFD is easily modeled at the design phase of a deployment, facilitates 
independent verification and testing by 3.7 GHz Service licensees and 
will greatly reduce the amount of coordination and the burden on all 
relevant parties. The Commission declines to adopt C-Band Alliance's 
suggested PSD limit for the same reasons described above in determining 
the PFD limit for out of band emissions. Most importantly, a PSD limit 
would require the use of detailed antenna pattern data for each 
individual earth station antenna and a multitude of angular 
computations for each base station. This level of complexity is an 
unnecessary burden and is not needed to provide adequate protection for 
earth stations.
    348. C-Band Alliance states that through testing and analysis they 
have determined that the earth station receiver will encounter 
insignificant degradation if the aggregate power level across its 
entire operational frequency range is lower than -59 dBm at the input 
of the low-noise block downconverter (LNB). In determining the PFD 
blocking limit, the Commission uses the -59 dBm saturation limit 
suggested by the C-Band Alliance which includes an aggregate power 
factor, the filter's total rejection, the bandwidth of flexible-use 
service, and a 0 dBi FSS antenna gain. The Commission believes the use 
of 0 dBi FSS antenna gain is a valid assumption that helps simplify 
compliance and, for virtually all earth stations of record, provides 
greater than necessary protection. For the filter mask described above, 
the Commission has determined the total rejection to be 60.85 dB, for 
an accelerated Phase I where 3.7 GHz Service use will only operate in 
the 3.7-3.8 GHz frequency range. In the later Phase II band, the 
Commission has determined the total rejection to be somewhat greater at 
64.46 dB over the full 3.7-4.0 GHz frequency range.\46\ Based on these 
parameters, we adopt a PFD blocking limit of -16 dBW/m\2\/MHz for both 
Phase I and Phase II. This PFD applies at the earth station antenna and 
over the authorized band of operation of the 3.7 GHz Service licensee. 
The Commission declines to adopt Intelsat's request to set the PFD 
blocking limit to -30 dBW/m2/MHz, which incorrectly asserts that 
aggregation was not included in the calculation of the value. The 
Commission anticipates all stakeholders will work with manufacturers to 
obtain filters that have better performance characteristics than the 
baseline minimum specification if they are available. In the event of a 
claim of harmful interference, the earth station operator must 
demonstrate that they have installed a filter that complies with the 
mask described above. If they have not installed such a filter or are 
unable to make such a demonstration, and the 3.7 GHz Service licensee 
can confirm it meets the blocking PFD, the earth station operator will 
have to accept the interference.
---------------------------------------------------------------------------

    \46\ The OOBE limit for base stations in the guard band is -13 
dBm/MHz.
---------------------------------------------------------------------------

c. Full Band/Full Arc Protections
    349. Once the transition is complete, all FSS earth stations will 
operate above 4.0 GHz, so the Commission will continue to allow full 
band/full arc use of that band. The Commission sought comment in the 
NPRM on revising the full band/full arc policy for the C-band and 
several commenters addressed this matter. For example, the C-Band 
Alliance proposed limiting the orbital arc of satellites that may serve 
earth stations in the contiguous United States to 87[deg] W.L. and 
139[deg] W.L. The Commission recognizes, however, that the proposal 
excludes satellites of competing operators that operate outside that 
arc. While the Commission finds merit in knowing the actual spectrum 
uses and orientation of earth stations for protection purposes, the 
Commission finds these merits are outweighed by the need to provide 
flexibility to earth stations that will be transitioned to operate 
above 4.0 GHz. Accordingly, the Commission will maintain the existing 
policy regarding full band/full arc for earth stations above 4.0 GHz.
8. Protection of TT&C Earth Stations
    350. The Commission establishes a protection mechanism to allow 
continued use of the 3.7-4.0 GHz band by space station licensees 
operating TT&C links until these operations can be moved to other 
bands. The Commission notes that, for some satellites, TT&C links 
cannot be moved to other transponders within the satellite, but the 
earth station location for those TT&C links can be moved. Accordingly, 
until a replacement satellite can be launched, certain TT&C links will 
need to continue to operate on a co-channel basis with terrestrial 3.7 
GHz Service spectrum.
a. Identification of TT&C Earth Stations To Be Protected and Operations 
at Protected Sites
    351. According to the record, there are 14 unique locations in the 
contiguous United States where earth stations are currently providing 
TT&C functions in the C-band. Due to the potential to hinder 3.7 GHz 
Service deployment around these locations, the C-Band Alliance 
indicated that these operations could be consolidated into four 
locations. Specifically, they identified Brewster, WA and Hawley, PA as 
two locations where consolidated TT&C could be located. C-Band Alliance 
noted

[[Page 22852]]

``[t]he key selection criteria are that any site: (1) Must be located 
at a sufficient distance from a major urban area or have a terrain 
profile such that the propagation losses between urban area and the 
TT&C/Gateway location will be large enough to attenuate Flexible Use 
base station transmissions to a level that will not unduly impair the 
Flexible Use licensee's operation in that urban area; (2) must be 
geographically diverse from the other TT&C/Gateway sites; (3) requires 
nearby access to major telecommunications points-of-presence; (4) 
requires some existing FSS infrastructure in place that can be improved 
upon for new or additional TT&C/Gateway infrastructure; (5) requires 
unhindered visibility to the geostationary satellite arc to elevation 
angles as low as 5 degrees; (6) must have sufficient land available to 
accommodate up to 20 very large (i.e., up to 13m) transmit/receive 
antennas; (7) must be in an area unaffected by nearby aeronautical 
traffic; and (8) must be able to be built out (e.g., building permits, 
zoning requirements) within a 36-month time frame.'' The space station 
operators must identify the four consolidated TT&C locations as soon as 
feasible, but not later than the submission of the Transition Plan.\47\ 
Should the incumbent space station operators fail to come to consensus, 
the Commission expects that SES would identify two locations and 
Intelsat would identify the other two locations. The Commission's 
Wireless Telecommunications Bureau will assess the proposed locations, 
including consideration of the criteria proposed by C-band Alliance, 
and make a determination as to the reasonableness of the sites. The 
Wireless Telecommunications Bureau will consider the size of the 
population that would be affected as well as other factors in their 
assessment and may require alternative locations if the proposed sites 
are deemed deficient. Identification of the locations must also include 
all the technical parameters necessary to assess coexistence such as 
frequency, authorized bandwidth and specific look angles to existing 
satellites.
---------------------------------------------------------------------------

    \47\ X2nSat requests that the Commission designate the TT&C site 
located in Las Cruces, New Mexico as one of the four protected TT&C 
sites. X2nSat Feb. 13, 2020 Ex Parte at 1. We decline the invitation 
because X2nSat's arguments do not address the key criteria we expect 
the space station operators will use to make their selections.
---------------------------------------------------------------------------

    352. To facilitate protection of TT&C links while also 
transitioning them out of the 3.7 GHz Service band, the Commission will 
not authorize any new TT&C earth station links in the 3.7 GHz Service 
band within the contiguous United States unless it is to consolidate 
existing TT&C links into the selected locations for temporary 
operation. That is, the Commission will allow until December 5, 2021 to 
consolidate TT&C links to four protected locations. The Commission may 
allow existing TT&C operations to continue in their current location 
beyond the December 5, 2021 deadline either through a waiver request 
upon a sufficient showing to the International Bureau or through 
negotiated agreements with affected 3.7 GHz Service licensees. During 
the transition period prior to December 5, 2021, the space station 
operators will work to consolidate TT&C sites to four locations and 
ensure operations are adequately protected through coordination. After 
that date, operations that are not relocated may continue on an 
unprotected basis.
    353. Further, until December 5, 2030, the Commission will allow 
protected operation of TT&C operations in the 3.7-4.0 GHz band at the 
consolidated locations. This should allow sufficient time for 
replacement satellites to be launched and satisfy the lifespan of 
existing satellites. After this transition period, these TT&C links may 
continue to operate on an unprotected basis until the satellites they 
are communicating with cease operation. The Commission will also allow 
negotiated agreements for longer operation where relevant parties 
should be able to arrange operating parameters to coexist to allow 
early entry by 3.7 GHz Service operations or extended operations by 
TT&C earth stations.
    354. Further, the Commission will allow private negotiation of TT&C 
sites as well. Given the limited number of TT&C sites, the Commission 
believes private negotiations between the TT&C station operators and 
3.7 GHz Service licensees may permit early entry of 3.7 GHz Service 
operations or may prolong TT&C operations in instances where these 
operations are designed to coexist. Alternatively, TT&C operations 
could negotiate to relocate to another country that is maintaining C-
band FSS or a remote shielded location in the United States that is not 
heavily populated.
    355. Lockheed Martin provides Launch and Early Operations Phase 
(LEOP) missions for new satellites. They state that the earth station, 
located in Carpentersville, NJ, has a unique topography that ``ensures 
that interference from the facility is highly unlikely and has 
historically resulted in no known interference from Lockheed Martin's 
operations to other users of the band.'' They requested that these LEOP 
operations be allowed to continue through use of the Commission's 
Special Temporary Authority (``STA'') licensing mechanism. The 
Commission agrees that such operations may seek authorization through 
the STA process.
    356. The Commission also finds that earth stations located at TT&C 
sites may continue to be used--on an unprotected basis--for 
international gateway and other operations in the 3.7-4.0 GHz band. 
According to the C-band Alliance, these sites are critical ingestion 
points for a variety of customer services, including foreign language 
programming uplinked outside of the U.S, that require the use of the 
full 3.7-4.2 GHz band. SES contends that operations at these locations 
should be permitted to continue in the 3.7-4.0 GHz band on a protected 
basis. Intelsat argues that the Commission should permit FSS operations 
at designated TT&C sites on a secondary basis.
    357. The Commission agrees with NAB and find that it is in the 
public interest to allow earth stations located at the four designated 
TT&C sites to continue to use the 3.7-4.0 GHz band for international 
gateway, and other purposes, on an unprotected basis during the TT&C 
transition period. Such uses will not cause harmful interference to 
terrestrial deployments in the band and will not be protected from 
harmful interference. As such, permitting these operations will not 
affect future deployments by flexible use licensees or delay the 
transition of the band. Extending interference protection to these 
operations, as requested by SES and C-band Alliance, could effectively 
preclude terrestrial operations across a wide geographic area near each 
TT&C facility across the entire 3.7-4.0 GHz band. This outcome would be 
inconsistent with the Commission's goals for this proceeding and the 
transition plan detailed herein.
    358. The Commission declines to adopt Disney and Eutelsat's 
requests to allow secondary or unprotected FSS operations in the 3.7-
4.0 GHz band nationwide. Expanding FSS access to the 3.7-4.0 GHz band 
during the transition period--even on an unprotected basis--could 
introduce uncertainty into the transition process and raise doubts 
about the availability of the band for new flexible use services. Such 
uses also create a perverse incentive for space station operators and 
earth station operators not to complete their transition work on 
schedule--leading to potential harmful interference or delays in making 
the spectrum available for next-generation services like 5G. In 
contrast, the Commission agrees with NAB that these operations should 
be permitted to continue in the 3.7-4.0 GHz band on an

[[Page 22853]]

unprotected basis at designated TT&C sites during the 10-year TT&C 
transition period, or longer if agreements can be negotiated with 
terrestrial wireless operators. If all of the overlay licensees in the 
relevant PEA(s) agree that extending the use of any or all of these 
four TT&C sites for FSS operations is the highest and best use of the 
spectrum in the area, the Commission finds no public policy 
justification to intervene in such a voluntary transaction and second-
guess the market.
b. Co-Channel Protection Criteria
    359. TT&C earth stations perform a critical function in maintaining 
space station operations. While these operations need adequate 
protection, their operations will have a direct impact on the ability 
of mobile broadband services to operate on the same spectrum. The 
Commission adopted a single out-of-band emissions PFD level for 
protecting FSS earth stations above 4.0 GHz due to the large number of 
earth stations and the fact that many earth station operators lack 
sufficient technical skills to perform engineering analysis of 
potential interference sources. The PFD limit that the Commission 
adopted for earth stations necessarily relied on assumptions of some 
parameters such as noise temperature and elevation angle. TT&C 
operations have a wider range of variability in some of these key 
parameters and previous assumptions may no longer be sufficient. Given 
that there are few TT&C locations to be protected, it is possible to do 
more detailed analysis specific to each site's particular parameters. 
The Commission finds that a protection criteria of I/N = -6 dB is 
appropriate for TT&C links, as we did for the FSS earth stations 
described above. The 3.7 GHz Service licensee must ensure that the 
aggregated power from its operations will meet an I/N of -6 dB as 
received by the TT&C earth station. The Commission will require 3.7 GHz 
Service licensees to coordinate their operations within 70 km of TT&C 
earth stations that continue to operate in the 3.7-3.98 GHz band.
    360. The Commission's decision to coordinate actual parameters for 
TT&C deployments is supported by many factors in the record. For 
example, a significant factor in the distance over which coordination 
is needed is the elevation angle in which the earth station is pointed. 
Several commenters pushed for limiting protections based upon a minimum 
elevation angle in order to reduce the distance from the earth station 
in which 3.7 GHz Service operations must coordinate. The Commission 
agrees that TT&C links are highly unlikely to conduct normal operations 
at such low elevation angles because control signals need a much higher 
degree of reliability than other traffic.\48\ But if a low elevation 
angle is unavoidable, an operator may be able to use technical 
solutions to achieve the necessary reliability. It is understood that 
low elevation angles may be needed during infrequent events such as the 
loss of a satellite.
---------------------------------------------------------------------------

    \48\ See, e.g., Recommendation ITU-R S.1716, Performance and 
availability objectives for fixed-satellite service telemetry, 
tracking and command systems, at 1 (TT&C carriers need higher 
performance reliability objectives than normal traffic carriers) 
(2005), https://www.itu.int/rec/R-REC-S.1716.
---------------------------------------------------------------------------

    361. Further, because there are fewer TT&C earth stations, and they 
are run by highly qualified technical staff, a coordination process 
that takes into account terrain, shielding, polarization and other 
technical parameters will result in adequate earth station protection 
and permit terrestrial use at a closer distance. The space station 
operators who manage TT&C links are sophisticated users with internal 
engineering resources. Reliance on the Commission's typical prior 
coordination process would be the simplest and most thorough approach. 
3.7 GHz Service licensees are expected to take all practical steps 
necessary to minimize the risk of harmful interference to TT&C 
operations. Licensees will cooperate in good faith and make reasonable 
efforts to anticipate and resolve technical problems that may inhibit 
effective and efficient use of the spectrum. Licensees of stations 
suffering or causing harmful interference are expected to cooperate and 
resolve the problem by mutually satisfactory arrangements. If the 
licensees are unable to do so, the Commission may impose restrictions 
including specifying the transmitter power, antenna height, or area or 
hours of operation of the stations concerned. Any 3.7 GHz Service 
licensee with base stations located within the appropriate coordination 
distance is required to provide upon request an engineering analysis to 
the TT&C operator to demonstrate their ability to comply with the -6 dB 
I/N criteria. Both parties are expected to negotiate in good faith. If 
a dispute arises, either party can bring the issue to the FCC. Further, 
the Commission is only providing protection for TT&C operations. Other 
services or content that are capable of moving to different 
transponders must be moved above 4.0 GHz or other FSS bands unless 
parties negotiate other arrangements.
    362. To minimize the impact of this coordination requirement, the 
Commission advises that the protection criteria will be applied only 
for the frequencies, bandwidths and look angles that will be in use at 
each TT&C site, not full band or full arc. For its purposes here, the 
Commission defines co-channel operations as when any of the 3.7 GHz 
Service licensee's authorized frequencies are separated from the center 
frequency of the TT&C earth station by less than 150% of the maximum 
emission bandwidth in use by the TT&C operation. They must continue to 
be protected over the bandwidth that they use. While this definition 
affords co-channel protection over more bandwidth than is in use, it is 
reasonable to allow for graduated receiver selectivity outside of the 
desired channel. The record is clear that the actual parameters of 
earth stations make a significant difference in the coordination 
process and the Commission does not feel it is justified to preclude 
3.7 GHz Service operations by coordinating frequencies or look angles 
that are not being used. Unlike the typical conventional FSS earth 
station operator, TT&C earth station operators are aware of the precise 
engineering antenna patterns, look angles, noise temperature, and other 
specifications that allow a detailed coordination process to 
efficiently protect TT&C functions and allow 3.7 GHz Service operations 
at a safe distance, which can provide better margin for their robust 
operations.
    363. The Commission agrees with commenters asserting that a 150 km 
coordination distance is overly conservative and instead, the 
Commission sets a co-channel coordination distance of 70 km for all 
TT&C operations. First, the Commission notes that it is allowing 
coordination based on the parameters of the TT&C's actual operations 
and finds it highly unlikely that the relevant TT&C locations will be 
pointed at the horizon presenting a burdensome coordination process 
with multiple terrestrial licensees for a scenario that is highly 
unlikely. Further, a 150 km coordination would complicate 3.7 GHz 
Service deployment for several licensees, many of whom would have an 
unlikely chance of having any impact on TT&C operations, especially due 
to their consolidation to areas with terrain shielding and other 
protective factors. Further, should any interference to a protected 
TT&C location occur, we require parties to act in good faith to resolve 
the interference.
c. Adjacent Channel Protection Criteria
    364. To protect TT&C earth stations from adjacent channel 
interference due

[[Page 22854]]

to out-of-band emissions, the Commission set the same interference 
protection criteria of -6 dB I/N ratio. This limit will apply to all 
emissions removed from the TT&C's center frequency by more than 150% of 
the TT&C's necessary emission bandwidth. Prior coordination is not 
required for adjacent channel licenses. Both 3.7 GHz Service licensees 
and TT&C earth station operators are expected to cooperate in good 
faith and make reasonable efforts to anticipate and resolve technical 
problems that may inhibit effective and efficient use of the spectrum. 
The TT&C operators should make available pertinent technical 
information about their systems upon request by the 3.7 GHz Service 
licensees. Licensees of stations suffering or causing harmful 
interference are expected to cooperate and resolve the problem by 
mutually satisfactory arrangements.
    365. To provide protection from potential receiver overload, the 
Commission will require base stations and mobiles to meet a PFD limit 
of -16 dBW/m\2\/MHz, as measured at the TT&C earth station antenna. 
This blocking limit applies to all emissions within the 3.7 GHz Service 
licensee's authorized band of operation. This is the same limit that is 
applied to other earth stations as described above and for the same 
reasons. All TT&C earth stations will be protected based on the 
assumption that robust filters have been installed at the facilities, 
like other FSS earth stations. Because the bandwidth of the TT&C 
emission can vary, this filter will have to be custom fit for each 
earth station. The quality should be just as robust, providing a 
minimum of 60 dB of rejection. The frequency at which the TT&C filter 
must meet this 60 dB of rejection will vary with the bandwidth. The 
Commission expects that the filter should meet 60 dB of rejection for 
all frequencies removed from the TT&C's center frequency by more than 
150% of the TT&C's emission bandwidth, both above and below the TT&C 
channel. Further, the filter should provide 70 dB of rejection for all 
frequencies removed from the TT&C's center frequency by more than 250% 
of the TT&C's emission bandwidth, both above and below. Intelsat now 
claims that the protected bandwidth on both sides of the TT&C's 
telemetry signal must be at least 25 megahertz. But given that TT&Cs 
typically use a channel bandwidth of 400 to 800 kilohertz, the 
Commission finds this claim to be excessive. In the event of a claim of 
harmful interference, the earth station operator must demonstrate that 
they have installed a filter that complies with the mask described 
above. If they have not installed such a filter or are unable to make 
such a demonstration, and the 3.7 GHz Service licensee can confirm it 
meets the PFD, the TT&C operator will have to accept the interference.
9. Coexistence With Aeronautical Radionavigation
    366. The nearby 4.2-4.4 GHz band is allocated to Aeronautical 
Radionavigation and aeronautical mobile (route) services worldwide.\49\ 
This band is home to radio altimeters and Wireless Avionics Intra-
Communications systems used on aircraft and helicopters worldwide. 
Radio altimeters are critical aeronautical safety-of-life systems 
primarily used at altitudes under 2500 feet above ground level (AGL) 
and must operate without harmful interference. Wireless Avionics Intra-
Communications systems provide communications over short distances 
between points on a single aircraft and are not intended to provide 
air-to-ground communications or communications between two or more 
aircraft.
---------------------------------------------------------------------------

    \49\ World Radio Conference-15 added a primary aeronautical 
mobile (route) service (AM(R)S) allocation to the 4.2-4.4 GHz band 
in all ITU Regions, and adopted footnote 5.436, which reserves the 
use of this allocation exclusively for wireless avionics intra-
communications systems.
---------------------------------------------------------------------------

    367. By licensing only up to 3.98 GHz as flexible-use spectrum, the 
Commission is providing a 220-megahertz guard band between new services 
in the lower C-band and radio altimeters and Wireless Avionics Intra-
Communications services operating in the 4.2-4.4 GHz band. This is 
double the minimum guard band requirement discussed in initial comments 
by Boeing and ASRC.
    368. A set of preliminary test results prepared by the Aerospace 
Vehicle Systems Institute was provided to the Commission after the 
comment and reply period. AVSI's study simulated an aggregate 5G 
emission for various amounts of allocated spectrum and measured the 
received power level at which the accuracy of height measurements 
exceeds certain criteria. In one scenario, AVSI modeled a worst-case 
scenario with an aircraft altimeter operating at 200 feet AGL, with 
numerous other altimeters nearby creating in-band interference and 
aggregate base station emissions across the 3.7 to 4.0 GHz band. The 
preliminary results show that there may be a large variation in radio 
altimeter receiver performance between different manufacturers. The 
measured PSD levels at which errors occurred ranged from -21 to -51 
dBm/MHz for the various types of altimeters that were tested. AVSI 
concluded that ``most of the altimeters reported broadly consistent 
susceptibility to OoBI PSD levels until more than approximately 200 to 
250 MHz of OoBI was introduced.'' AVSI noted that as the amount of 
active spectrum increased above 3.9 GHz, the acceptable levels of PSD 
began to decrease.
    369. T-Mobile commissioned a study by Alion to review the AVSI 
report and they raised several concerns. Alion noted that AVSI's 
analysis identified levels of interference where performance 
degradation occurred, but did not investigate whether these levels 
would occur in any reasonable scenario. Alion questioned the 
interference margin assumptions, noting that two of the initial 
altimeters types failed due to interference from other altimeters and 
the scenario had to be adjusted. They also questioned the simulated 
waveform for the 5G emissions, which showed flat out-of-band emissions 
approximately 40 dB below the carrier. Alion noted that emissions 
naturally decrease with frequency separation and concluded that the 
simulated emission ``would not comply with the emission limits for 
virtually any services associated with a base station or fixed station 
governed by FCC rules: part 27 services, part 27.53 or part 96 
services.''
    370. The Commission agrees with T-Mobile and Alion that the AVSI 
study does not demonstrate that harmful interference would likely 
result under reasonable scenarios (or even reasonably ``foreseeable'' 
scenarios to use the parlance of AVSI). The Commission finds the limits 
it sets for the 3.7 GHz Service are sufficient to protect aeronautical 
services in the 4.2-4.4 GHz band. Specifically, the technical rules on 
power and emission limits the Commission sets for the 3.7 GHz Service 
and the spectral separation of 220 megahertz should offer all due 
protection to services in the 4.2-4.4 GHz band. The Commission 
nonetheless agrees with AVSI that further analysis is warranted on why 
there may even be a potential for some interference given that well-
designed equipment should not ordinarily receive any significant 
interference (let alone harmful interference) given these 
circumstances. As such, the Commission encourages AVSI and others to 
participate in the multi-stakeholder group that the Commission expects 
industry will set up--and as requested by AVSI itself. The Commission 
expects the aviation industry to take account of the RF environment 
that is evolving below the 3980 MHz band edge and take

[[Page 22855]]

appropriate action, if necessary, to ensure protection of such devices.
10. Coexistence With the Citizens Broadband Radio Service
    371. The Commission does not require dynamic spectrum management or 
other protection mechanisms suggested by some to protect the Citizens 
Broadband Radio Service (operating below 3.7 GHz) or FSS operations (in 
the 4.0-4.2 GHz band) from new 3.7 GHz Service operations. Although 
some commenters support the use of some form of dynamic spectrum 
management or an automated coordination capability to mitigate 
interference from new 3.7 GHz Service operations into the 3.55-3.7 GHz 
band, the Commission finds such provisions are unwarranted in this 
instance and could hinder efficient 5G deployment in the band. 
Specifically, the Commission notes that the dynamic management approach 
is needed in the Citizens Broadband Radio Service to coordinate access 
between Priority Access Licensees and General Authorized Access users 
and to prevent interference to incumbent Federal and non-Federal 
operations. The same considerations are not present in the 3.7-4.2 GHz 
band and the transition and licensing approach the Commission adopts 
for introducing 3.7 GHz Service to the 3.7-3.98 GHz band is appropriate 
for the unique circumstances and anticipated use cases for the band. 
Further, the Commission denies requests that it require coordination 
between Citizens Broadband Radio Service and 3.7 GHz Service 
operations, but it encourages parties to explore synchronization of TDD 
operations to minimize interference between these adjacent services.
    372. The Commission finds that 3.7 GHz Service operations above 3.7 
GHz can coexist with operations below the band edge. First, the 
Commission notes that the emission limits it is adopting are consistent 
with other mobile service bands that have proven successful in 
coexisting with a variety of adjacent services. Further, the flexible 
nature of the equipment that will likely operate in the Citizens 
Broadband Radio Service band and the advanced spectrum management 
capabilities of the SAS should allow flexibility to access different 
channels in any location that might be near a higher-powered 3.7 GHz 
Service tower or make opportunistic use of different channels in 
different areas. Further, in some instances, operations above and below 
the 3.7 GHz band edge may be synchronized when they are deployed as 
part of a carrier's network. Synchronization of two different carriers 
can be implemented using traditional 3GPP methods based on an absolute 
timing reference.

IV. Final Regulatory Flexibility Analysis

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

    373. In the Report and Order and Order of Proposed Modification 
(Report and Order), the Commission expands on its efforts to close the 
digital divide and secure U.S. leadership in the next generation of 
wireless services, including fifth-generation (5G) wireless and other 
advanced spectrum-based services by making the 3.7-3.98 GHz band 
available for flexible terrestrial wireless use. The Commission adopts 
new rules for this band that are designed to achieve four key goals: 
(1) Make a significant amount of spectrum available for flexible use, 
including 5G services; (2) ensure that a significant amount of that 
spectrum is made available quickly so it can be used in upcoming 5G 
deployments; (3) recover for the public a portion of the value of this 
public spectrum resource; and (4) ensure the continuous and 
uninterrupted delivery of services currently offered in the 3.7-4.2 GHz 
band (C-band). Specifically, the Commission makes 280 MHz of spectrum 
available on a national basis through an auction conducted by the 
Commission. Because this band is prime spectrum for next generation 
wireless services, this action will serve as a critical step in 
advancing United States leadership in 5G and in implementing the 
Commission's comprehensive strategy to Facilitate America's Superiority 
in 5G Technology (the 5G FAST Plan). At the same time, the Commission 
adopts rules to accommodate incumbent Fixed Satellite Service and Fixed 
Services operations in the band, enabling those operators to have 
continuous and uninterrupted delivery of the same video programming and 
other content that they do today.
    374. The 3.7-4.2 GHz band currently is allocated in the United 
States exclusively for non-Federal use on a primary basis for Fixed 
Satellite Service (FSS) and Fixed Service. For FSS, the 3.7-4.2 GHz 
band (space-to-Earth or downlink) is paired with the 5.925-6.425 GHz 
band (Earth-to-space or uplink), and collectively these bands are known 
as the ``conventional C-band.'' Domestically, space station operators 
use the 3.7-4.2 GHz band to provide downlink signals of various 
bandwidths to licensed transmit-receive, registered receive-only, and 
unregistered receive-only earth stations throughout the United States. 
FSS operators use this band to deliver programming to television and 
radio broadcasters throughout the country and to provide telephone and 
data services to consumers. The 3.7-4.2 GHz band is also used for 
reception of telemetry signals transmitted by satellites, typically 
near the edges of the band, i.e., at 3.7 GHz or 4.2 GHz.
    375. The Report and Order expands on the Commission's efforts to 
open up mid-band spectrum by making the 3.7-3.98 GHz band available for 
flexible-use wireless services. The Commission adds a mobile, except 
aeronautical mobile, allocation to the 3.7-4.0 GHz band. The Commission 
also adopts a process to transition this 280 megahertz of spectrum from 
incumbent use to new flexible-use by December 5, 2025, with accelerated 
relocation payment options for space station operators that serve earth 
stations in the contiguous United States to accelerate this transition 
in two stages: (1) 100 megahertz (3.7-3.8 GHz) by December 5, 2021 and 
(2) all 280 megahertz by December 5, 2023. In both cases, the space 
station operators would clear an additional 20 megahertz to be used as 
a guard band. The Commission adopts relocation and accelerated 
relocation payment rules including rules establishing an independent 
Relocation Payment Clearinghouse to oversee the cost-related aspects of 
the transition, as well as a Relocation Coordinator to ensure that all 
incumbent space station operators are relocating in a timely manner and 
ensure uninterrupted service during and following the transition. The 
Commission adopts service and technical rules for flexible-use 
licensees in the 280 megahertz of spectrum designated for transition to 
flexible use.
    376. Adopting a primary non-Federal mobile, except aeronautical 
mobile, allocation to the 3.7-3.98 GHz band will foster more efficient 
and intensive use of mid-band spectrum to facilitate and incentivize 
investment in next generation wireless services. Mid-band spectrum is 
ideal for next generation wireless broadband service due to its 
favorable propagation and capacity characteristics. Allocating the 3.7-
3.98 GHz band for mobile services will also address the Commission's 
mandate under the MOBILE NOW Act to identify spectrum for mobile and 
fixed wireless broadband use. In addition, adopting this allocation 
will harmonize the Commission's allocations for the 3.7-4.0 GHz band 
with international allocations. The Commission's plan will ensure that 
content that FSS now delivers to incumbent earth stations will continue 
uninterrupted.

[[Page 22856]]

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

    377. 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

    378. 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.
    379. 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 Rules Will Apply

    380. The RFA directs agencies to provide a description of and, 
where feasible, an estimate of 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.
    381. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe 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 30.7 million businesses.
    382. 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.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2018, there were 
approximately 571,709 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    383. 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 2017 Census of Governments indicate that there 
were 90,075 local governmental jurisdictions consisting of general 
purpose governments and special purpose governments in the United 
States. Of this number, there were 36,931 general purpose governments 
(county, municipal and town or township) with populations of less than 
50,000 and 12,040 special purpose governments--independent school 
districts with enrollment populations of less than 50,000. Accordingly, 
based on the 2017 U.S. Census of Governments data, we estimate that at 
least 48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    384. 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.
    385. 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 
$35 million or less in average annual receipts, under SBA rules. For 
this category, U.S. Census Bureau data for 2012 show 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, 
we estimate that the majority of satellite telecommunications providers 
are small entities.

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

    386. The Commission expects the rules adopted in the 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. In addition to the rule changes associated 
with transitioning the band through the approach adopted in the Report 
and Order, there are new service rule compliance obligations. New 
licensees in the 3.7-3.98 GHz band will have to meet various service 
rules, including construction benchmarks and technical operating 
requirements. In the event a small entity obtains licenses through 
auction, the small entity licensee would be required to satisfy 
construction requirements, operate in compliance with technical rules 
(e.g., power, out of band emissions, and field strength limits), and 
may have to coordinate with incumbent FSS operations in limited 
instances. Small entity licensees would be responsible for making 
certain construction demonstrations with the Commission through the 
Universal Licensing System showing that they have satisfied the 
relevant construction benchmarks.
    387. All filing, recordkeeping and reporting requirements adopted 
in the Report and Order, including professional, accounting, 
engineering or survey services used in meeting these requirements will 
be the same for small and large entities that intend to utilize these 
new 3.7 GHz Service licenses. To the extent having the same 
requirements for all licensees results in the costs of complying with 
the rules being relatively greater for smaller entities than for large 
ones, these costs are necessary to effectuate the purpose of the 
Communications Act, namely to further the efficient use of spectrum, to

[[Page 22857]]

prevent spectrum warehousing and are necessary to promote fairness. 
Likewise, compliance with the service and technical rules and 
coordination requirements are necessary for the furtherance of the 
goals of protecting the public while also providing interference free 
services. Small entities must therefore comply with these rules and 
requirements. The Commission believes however, that small entities will 
benefit from having more information about opportunities in the 3.7-
3.98 GHz band, more flexibility to provide a wider range of services, 
and more options for gaining access to wireless spectrum.
    388. In order to comply with the rule changes adopted in the Report 
and Order, small entities may be required to hire attorneys, engineers, 
consultants, or other professionals. While the Commission cannot 
quantify the cost of compliance with the rule changes, we note that 
several of the rule changes are consistent with and mirror existing 
policies and requirements used for other part 27 flexible-use licenses. 
Therefore, small entities with existing licenses in other bands may 
already be familiar with such policies and requirements and have the 
processes and procedures in place to facilitate compliance resulting in 
minimal incremental costs to comply with our requirements for the 3.7-
4.2 GHz band. The recordkeeping, reporting and other compliance 
obligations for small entities and other licensees are described below.
    389. Designated Entity Provisions. The Commission adopts the 
proposal to apply the two small business definitions with higher gross 
revenues thresholds to auctions of overlay licenses in the 3.7-3.98 GHz 
band. Accordingly, an entity with average annual gross revenues for the 
relevant preceding period not exceeding $55 million will qualify as a 
``small business,'' while an entity with average annual gross revenues 
for the relevant preceding period not exceeding $20 million will 
qualify as a ``very small business.'' Since their adoption in 2015, the 
Commission has used these gross revenue thresholds in auctions for 
licenses likely to be used to provide 5G services in a variety of 
bands. The results in these auctions indicate that these gross revenue 
thresholds have provided an opportunity for bidders claiming 
eligibility as small businesses to win licenses to provide spectrum-
based services at auction. These thresholds do not appear to be overly 
inclusive as a substantial number of qualified bidders in these 
auctions do not come within the thresholds. This helps preclude 
designated entity benefits from flowing to entities for which such 
credits are not necessary.
    390. The Commission also adopts the proposal to provide qualifying 
``small businesses'' with a bidding credit of 15% and qualifying ``very 
small businesses'' with a bidding credit of 25%, consistent with the 
standardized schedule in part 1 of the rules. This proposal was modeled 
on the small business size standards and associated bidding credits 
that the Commission adopted for a range of other services. The 
Commission believes that use of the small business tiers and associated 
bidding credits set forth in the part 1 bidding credit schedule will 
provide consistency and predictability for small businesses.
    391. Rural Service Providers. In the NPRM, the Commission also 
sought comment on a proposal to offer a bidding credit for rural 
service providers. The rural service provider bidding credit awards a 
15% bidding credit to those that service predominantly rural areas and 
that have fewer than 250,000 combined wireless, wireline, broadband and 
cable subscribers. As a general matter, the Commission ``has made 
closing the digital divide between Americans with, and without, access 
to modern broadband networks its top priority . . . [and is] committed 
to ensuring that all Americans, including those in rural areas, Tribal 
lands, and disaster-affected areas, have the benefits of a high-speed 
broadband connection.'' In this proceeding, a variety of organizations 
and associations that in turn represent the providers that serve the 
most rural and sparsely populated areas of the country have come 
together to stress that ``rules [for bringing this spectrum to market] 
should balance the competing needs of interested parties and offer 
meaningful opportunities for providers of all kinds and sizes to offer 
spectrum-based services to rural consumers.''
    392. Licensing and Operating Rules. The Commission adopts licensing 
and operating rules that afford licensees the flexibility to align 
licenses in the 3.7-3.98 GHz band with licenses in other spectrum bands 
governed by part 27 of the Commission's rules and other flexible-use 
services. Specifically, the Commission adopts rules requiring 3.7 GHz 
Service licensees in the 3.7-3.98 GHz band to comply with licensing and 
operating rules that are similar to all part 27 services, including 
flexible use, regulatory status, foreign ownership reporting, 
compliance with construction requirements, renewal criteria, permanent 
discontinuance of operations, partitioning and disaggregation, and 
spectrum leasing.
    393. Application Requirements and Eligibility. Licensees in the A, 
B, and C blocks must comply with the Commission's general application 
requirements. Further, the Commission adopts an open eligibility 
standard for licenses in the A, B, and C Blocks. The Commission has 
determined that eligibility restrictions on licenses may be imposed 
only when open eligibility would pose a significant likelihood of 
substantial harm to competition in specific markets and when an 
eligibility restriction would be effective in eliminating that harm.
    394. Mobile Spectrum Holdings. The Commission does not impose a 
pre-auction bright-line limit on acquisitions of the 3.7-3.98 GHz band. 
Instead, the Commission will incorporate into the spectrum screen the 
280 megahertz of spectrum that the Commission makes available in the 
3.7-3.98 GHz band. The Commission will also perform case-by-case review 
of the long-form license applications filed as a result of the auction. 
In regard to mobile spectrum holdings, the Commission will include the 
A, B, and C Blocks of the 3.7-3.98 GHz band in the screen for secondary 
market transactions because the spectrum will become ``suitable and 
available in the near term for the provision of mobile telephony/
broadband services.'' The Commission will add the 280 megahertz of 
spectrum to the screen once the auction closes.
    395. Mobile or Point-to-Multipoint Performance Requirements. The 
Commission concludes that licensees in the A, B, and C Blocks offering 
mobile or point-to-multipoint services must provide reliable signal 
coverage and offer service to at least 45% of the population in each of 
their license areas within eight years of the license issue date (first 
performance benchmark), and to at least 80% of the population in each 
of their license areas within 12 years from the license issue date 
(second performance benchmark).
    396. Alternate IoT Performance Requirements. The Commission 
recognized in the NPRM that 3.7-3.98 GHz licenses have flexibility to 
provide services potentially less suited to a population coverage 
metric. Therefore, the Commission sought comment on an alternative 
performance benchmark metric for licensees providing IoT-type fixed and 
mobile services. Based on the record evidence, the Commission will 
allow licenses in the A, B, and C Blocks offering IoT-type services to 
provide geographic area coverage of 35% of the license area at the 
first (eight-year) performance benchmark, and geographic area coverage 
of 65% of the license area at the second (12-year) performance 
benchmark.

[[Page 22858]]

    397. Fixed Point-to-Point under Flexible Use Performance 
Requirements. The Commission adopts a requirement that part 27 
geographic area licensees providing Fixed Service in the A, B, and C 
Blocks band must demonstrate within eight years of the license issue 
date (first performance benchmark) that they have four links operating 
and providing service, either to customers or for internal use, if the 
population within the license area is equal to or less than 268,000. If 
the population within the license area is greater than 268,000, the 
Commission requires a licensee relying on point-to-point service to 
demonstrate it has at least one link in operation and providing 
service, either to customers or for internal use, per every 67,000 
persons within a license area. The Commission requires licensees 
relying on point-to-point service to demonstrate within 12 years of the 
license issue date (final performance benchmark) that they have eight 
links operating and providing service, either to customers or for 
internal use, if the population within the license area is equal to or 
less than 268,000. If the population within the license area is greater 
than 268,000, the Commission requires a licensee relying on point-to-
point service to demonstrate it is providing service and has at least 
two links in operation per every 67,000 persons within a license area.
    398. Penalty for Failure to Meet Performance Requirements. Along 
with performance benchmarks, the Commission adopts meaningful and 
enforceable penalties for failing to ensure timely build-out. 
Specifically, as proposed in the NPRM, the Commission adopts a rule 
requiring that, in the event a licensee in the A, B, or C Block fails 
to meet the first performance benchmark, the licensee's second 
benchmark and license term would be reduced by two years, thereby 
requiring it to meet the second performance benchmark two years sooner 
(at 10 years into the license term) and reducing its license term to 13 
years. If a licensee fails to meet the second performance benchmark for 
a particular license area, its authorization for each license area in 
which it fails to meet the performance requirement shall terminate 
automatically without Commission action.
    399. Compliance Procedures. In addition to compliance procedures 
applicable to all part 27 licensees, including the filing of electronic 
coverage maps and supporting documentation, the Commission adopts a 
rule requiring that such electronic coverage maps must accurately 
depict both the boundaries of each licensed area and the coverage 
boundaries of the actual areas to which the licensee provides service. 
As proposed in the NPRM, the rule the Commission is adopting requires 
measurements of populations served on areas no larger than the Census 
Tract level so a licensee deploying small cells has the option to 
measure its coverage using a smaller acceptable identifier such as a 
Census Block. Each licensee also must file supporting documentation 
certifying 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. 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.
    400. License Renewal. As proposed in the NPRM, the Commission will 
apply the general renewal requirements applicable to all Wireless Radio 
Services (WRS) licensees to 3.7-3.98 GHz band licensees in the A, B, 
and C Blocks. This approach will promote consistency across services.
    401. Renewal Term Construction Obligation. In addition to, and 
independent of, these general renewal provisions, the Commission finds 
that any additional renewal term construction obligations adopted in 
the Wireless Radio Services Renewal Reform proceeding would apply to 
licenses in the A, B, and C Blocks of the 3.7-3.98 GHz band.
    402. New Earth Stations. On April 19, 2018, the staff released the 
Freeze and 90-Day Earth Station Filing Window Public Notice, which 
froze applications for new or modified earth stations in the 3.7-4.2 
GHz band to preserve the current landscape of authorized operations 
pending action as part of the Commission's ongoing inquiry into the 
possibility of permitting mobile broadband use and more intensive fixed 
use of the band through this proceeding. Given the Commission's 
decision to limit FSS operations in the 3.7-4.0 GHz band in the 
contiguous United States but not elsewhere, the Commission converts the 
freeze for new FSS earth stations in the 3.7-4.0 GHz band in the 
contiguous United States into an elimination of the application process 
for registrations and licenses for those operations, and the Commission 
lifts the freeze for new FSS earth stations in the 3.7-4.2 GHz band 
outside of the contiguous United States as of the publication date of 
the Report and Order. Earth stations registered after the filing freeze 
is lifted will not be considered incumbent earth stations and will not 
qualify for reimbursement of relocation costs. Further, any new 
registered earth stations outside of the contiguous United States may 
not claim protection from harmful interference from new flexible-use 
licensees in the contiguous United States.
    403. The Commission revises the part 25 rules such that 
applications for 3.7-4.0 GHz band earth station licenses or 
registrations in the contiguous United States will no longer be 
accepted. Limiting, as described, the registration of new earth 
stations in spectrum being transitioned to primary terrestrial use will 
provide a stable spectral environment for more intensive terrestrial 
use of 3.7-3.98 GHz and facilitate the rapid transition to terrestrial 
use.
    404. With respect to registered incumbent earth stations that are 
transitioned to the 4.0-4.2 GHz band, the Commission will permit these 
earth stations to be renewed and/or modified to maintain their 
operations in the 4.0-4.2 GHz band. The Commission will not, however, 
accept applications for new earth stations in the 4.0-4.2 GHz portion 
of the band for the time being, during this transition period.
    405. Relocation and Accelerated Relocation Payments. New overlay 
licensees must pay their share of relocation and accelerated relocation 
payments to reimburse incumbents for the reasonable costs of 
transitioning out of the lower 300 megahertz of the C-band in the 
contiguous United States. Based on the unique circumstances of the 
band, the Commission also finds it necessary to condition new licenses 
on making acceleration payments to satellite incumbents that 
voluntarily choose to clear the band on an expedited schedule. Like 
relocation payments, the Commission finds that requiring such mandatory 
payments is both in the public interest and within the Commission's 
Title III authority.
    406. Sunsetting Incumbent Point-to-Point Fixed Services. Incumbent 
licensees of temporary fixed and permanent point-to-point Fixed Service 
links will have until December 5, 2023, to self-relocate their point-
to-point links out of the 3.7-4.2 GHz band. The Commission also revises 
its part 101 rules to specify that no applications for new point-to-
point Fixed Service will be granted in the contiguous United States.
    407. Relocation Reimbursement and Cost Sharing for Point-to-Point 
Fixed Services. Incumbent licensees of permanent point-to-point Fixed 
Service links that self-relocate out of the band within December 5, 
2023 shall be eligible for reimbursement of their reasonable costs 
based on the well-established ``comparable facilities''

[[Page 22859]]

standard used for the transition of microwave links out of other bands. 
Similar to the Commission's approach for earth station clearing, 
because fixed service relocation affects spectrum availability on a 
local basis, all flexible-use licensees in a PEA where an incumbent 
Fixed Service licensee self-relocated will share in the reimbursement 
of these reasonable costs on a pro rata basis. Incumbent Fixed Service 
licensees will be subject to the same demonstration requirements and 
reimbursement administrative provisions as those adopted above for 
incumbent earth station operators.
    408. Power Levels for Base Station Power. To support robust 
deployment of next-generation mobile broadband services, the Commission 
will allow base stations in non-rural areas to operate at power levels 
up to 1640 watts per megahertz EIRP. In addition, consistent with other 
broadband mobile services in nearby bands (AWS-1, AWS-3, AWS-4 and 
PCS), the Commission will permit base stations in rural areas to 
operate with double the non-rural power limits (3280 watts per 
megahertz) in rural areas. The Commission extends the same power 
density limit to emissions with a bandwidth less than one megahertz to 
facilitate uniform power distribution across a licensee's authorized 
band regardless of whether wideband or narrowband technologies are 
being deployed.
    409. Power Levels for Mobile Power. The Commission adopts a 1 Watt 
(30 dBm) EIRP power limit for mobile devices, as proposed in the NPRM.
    410. Base Station Out-of-band Emissions. The Commission adopts base 
station out-of-band emission (OOBE) requirements based on the proposed 
limits, which are similar to other AWS services. Specifically, base 
stations will be required to suppress their emissions beyond the edge 
of their authorization to a conducted power level of -13 dBm/MHz. For 
base station OOBE, we apply the part 27 measurement procedures and 
resolution bandwidth that are used for AWS devices outlined in section 
27.53(h). Specifically, a resolution bandwidth of 1 megahertz or 
greater will be used; except in the 1 megahertz bands immediately 
outside and adjacent to the licensee's frequency block where a 
resolution bandwidth of at least 1% of the emission bandwidth may be 
employed.
    411. Mobile Out-of-Band Emissions. As with base station out-of-band 
emission limits, the Commission adopts mobile emission limits similar 
to the standard emission limits that apply to other mobile broadband 
services. Specifically, mobile units must suppress the conducted 
emissions to no more than -13 dBm/MHz outside their authorized 
frequency band. We adopted a relaxation of the emission limit within 
the first five megahertz of the channel edge by varying the resolution 
bandwidth used when measuring the emission. For emissions within 1 MHz 
from the channel edge, the minimum resolution bandwidth will be either 
one percent of the emission bandwidth of the fundamental emission of 
the transmitter or 350 kHz. In the bands between one and five megahertz 
removed from the licensee's authorized frequency block, the minimum 
resolution bandwidth will be 500 kHz. The relaxation will not affect 
the interference to FSS above 4.0 GHz. The relaxation will be entirely 
contained within the 20 MHz guard band. The effect on CBRS operations 
below 3.7 GHz should be minimal.
    412. Antenna Heights Limit. The Commission adopts the proposal not 
to restrict antenna heights for 3.7-3.98 GHz band operations beyond any 
requirements necessary to ensure air navigation safety. This is 
consistent with part 27 AWS rules, which generally do not impose 
antenna height limits on antenna structures.
    413. Service Area Boundary Limit. The Commission adopts the -76 
dBm/m2/MHz power flux density (PFD) limit at a height of 1.5 meters 
above ground at the border of the licensees' service area boundaries as 
proposed in the NPRM and also permits licensees operating in adjacent 
geographic areas to voluntarily agree to higher levels at their common 
boundaries.
    414. International Boundary Requirements. The Commission adopts the 
proposal to apply section 27.57(c) of the rules, which requires all 
part 27 operations to comply with international agreements for 
operations near the Mexican and Canadian borders.
    415. Other Part 27 Rules. The Commission adopts several additional 
technical rules applicable to all part 27 services, including sections 
27.51 (Equipment authorization), 27.52 (RF safety), 27.54 (Frequency 
stability), and part 1, subpart BB of the Commission's rules 
(Disturbance of AM Broadcast Station Antenna Patterns) for operations 
in the 3.7-3.98 GHz band. The Commission requires client devices to be 
capable of operating across the entire 3.7-3.98 GHz band. Specifically, 
the Commission adds the 3.7-3.98 GHz band to section 27.75, which 
requires mobile and portable stations operating in the 600 MHz band and 
certain AWS-3 bands to be capable of operating across the relevant band 
using the same air interfaces that the equipment uses on any frequency 
in the band. This requirement does not require licensees to use any 
particular industry standard.
    416. Protection from Out of Band Emissions. The Commission adopts a 
PFD limit to protect registered FSS earth stations from out of band 
emissions from 3.7 GHz Service operations. For base and mobile stations 
operating in the 3.7-3.98 GHz band, the Commission adopts a PFD limit 
of -124 dBW/m\2\/MHz, as measured at the antenna of registered FSS 
earth stations. 3.7 GHz Service licensees will be obligated to ensure 
that the PFD limit at FSS earth stations is not exceeded by base and 
mobile station emissions, which may require them to limit mobile 
operations when in the vicinity of an earth station receiver.
    417. Protection from Receiver Blocking. The Commission will require 
base stations and mobiles to meet a PFD limit of -16 dBW/m\2\/MHz, as 
measured at the earth station antenna for all registered FSS earth 
stations. This blocking limit applies to all emissions within the 3.7 
GHz Service licensee's authorized band of operation.
    418. Co-Channel Protection Criteria for TT&C Earth Stations. A 
protection criteria of I/N = -6 dB is appropriate for TT&C links. The 
Commission will require 3.7 GHz Service licensees to coordinate their 
operations within 70 km of TT&C earth stations that continue to operate 
in the 3.7-3.98 GHz band.
    419. Adjacent Channel Protection Criteria for TT&C Earth Stations. 
To protect TT&C earth stations from adjacent channel interference due 
to out-of-band emissions, the Commission sets the same interference 
protection criteria of -6 dB I/N ratio. Prior coordination is not 
required for adjacent channel licenses. To provide protection from 
potential receiver overload, the Commission will require base stations 
and mobiles to meet a PFD limit of -16 dBW/m\2\/MHz, as measured at the 
TT&C earth station antenna.
    420. Small entities may be required to hire attorneys, engineers, 
consultants, or other professionals to comply with the rule changes 
adopted in the Report and Order. Although the Commission cannot 
quantify the cost of compliance with the rule changes, we note that 
several of the rule changes are consistent with and mirror existing 
policies and requirements used for other part 27 flexible-use licenses. 
Therefore, small entities with existing licenses in other bands may 
already be familiar with such policies and requirements and have the 
processes and procedures in place to facilitate compliance resulting in 
minimal incremental costs to comply

[[Page 22860]]

with our requirements for the 3.7-4.2 GHz band.

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

    421. 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.
    422. In the Report and Order, the Commission has adopted a 
transition using a Commission-led competitive bidding process to make 
C-band spectrum available for next-generation terrestrial wireless use. 
We considered the position of the Small Satellite Operators, the C-Band 
Alliance, and the approaches of other commenters but believe that the 
Commission-led forward auction will leverage the best features of the 
various proposals submitted in the record and allow us to repurpose the 
socially efficient amount of spectrum for flexible use rapidly and 
transparently. It will also facilitate robust deployment of next-
generation terrestrial wireless networks and ensure that qualified 
incumbents in the band are able to continue their operations without 
interruption. The advantages of the public auction approach include 
making a significant amount of 3.7-4.2 GHz band spectrum available 
quickly through a public auction of flexible use license, followed by a 
transition period that leverages incumbent FSS operators' expertise to 
achieve an effective relocation of existing services to the upper 
portion of the band, aligns stakeholders' incentives so as to achieve 
an expeditious transition, and ensures effective accommodation of 
incumbent users. It will also facilitate robust deployment of next 
generation terrestrial wireless networks and ensure that qualified 
incumbents in the band are able to continue their operations without 
interruption. We find that the public auction approach fulfills the 
Commission's obligations to manage spectrum in the public interest.
    423. To ensure that small entities and all eligible interests are 
included in the Transition Plans and compensated for the transition to 
the upper 200 megahertz of the band, the transition obligations the 
Commission adopts require that, in order for a space station operator 
to satisfy the clearing benchmarks and become eligible for 
reimbursement of reasonable relocation costs and potential accelerated 
relocation payments, it must demonstrate that the space station 
transmissions and receiving earth station operations have been 
sufficiently cleared such that the new flexible-use licensee could 
begin operating without causing harmful interference to registered 
incumbent earth stations. We find that, if the Small Satellite 
Operators satisfy our definition of eligible space station operators 
such that they have incumbent registered earth station customers that 
will need to be transitioned to the upper portion of the band, then 
they would be entitled to reimbursement of reasonable relocation costs 
and potential accelerated relocation payments. This will ensure that 
any small space station operator incumbent affected by the transition 
will have the opportunity to participate.
    424. The Report and Order adopts bidding credits for small and very 
small businesses. The auction of flexible-use licenses relies heavily 
on a competitive marketplace to set the value of spectrum and 
compensate incumbents for the costs of transitioning out of the lower 
300 megahertz of the band. Specifically, for small entities, the 
Commission is focused on facilitating competition in the band and 
ensuring that all relevant interests, not just those of the largest 
companies, are represented. This will help to reduce the potential 
economic impact on small entities.
    425. The license areas chosen in the Report and Order should 
provide spectrum access opportunities for smaller carriers by giving 
them access to less densely populated areas that match their 
footprints. While PEAs are small enough to provide spectrum access 
opportunities for smaller carriers and PEAs can be further 
disaggregated, these units of area also nest within and may be 
aggregated to form larger license areas. Thus, the rules should enable 
small entities and other providers providing service in the 3.7-3.98 
GHz band to adjust their spectrum holdings more easily and build their 
networks pursuant to individual business plans, allowing them to manage 
the economic impact. We also believe this should result in small 
entities having an easier time acquiring or accessing spectrum.
    426. Another step taken by the Commission that should help minimize 
the economic impact for small entities is the adoption of 15-year 
license terms for licenses in the 3.7-3.98 GHz band. Small entities 
should benefit from the opportunity for long term operational certainty 
and a longer period to develop, test and provision innovative services 
and applications. This longer licensing term should also allow small 
entities to curtail and spread out its costs. Lastly, as mentioned 
above, many of the rule changes adopted in the Report and Order are 
consistent with and mirror existing requirements for other bands. The 
Commission's decision to take this approach for the 3.7-3.98 GHz band 
should minimize the economic impact for small entities who are already 
obligated to comply with and have been complying with existing 
requirements in other bands.

V. Ordering Clauses

    427. Accordingly, It is ordered that, pursuant to Sections 1, 2, 
4(i), 4(j), 5(c), 201, 302, 303, 304, 307(e), 309, and 316 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 155(c), 201, 302, 303, 304, 307(e), 309, and 316, this Report 
and Order is hereby adopted.
    428. It is further ordered that the rules and requirements as 
adopted herein are adopted, effective sixty (60) days after publication 
in the Federal Register; and that the Order of Proposed Modification is 
effective as of the date of publication in the Federal Register; 
provided, however, that compliance will not be required for Sec. Sec.  
25.138(a) and (b); 25.147(a) through (c); 27.14(w)(1) through (4); 
27.1412(b)(3)(i), (c) introductory text, (c)(2), (d)(1) and (2), and 
(f) through (h); 27.1413(a)(2) and (3), (b), and (c)(3) and (7); 
27.1414(b)(3), (b)(4)(i) and (iii), (c)(1) through (3); 27.1415; 
27.1416(a); 27.1417; 27.1419; 27.1421; 27.1422(c); 27.1424; and 
101.101, Note (2) of the Commission's rules, which contain new or 
modified information collection requirements that require review by the 
Office of Management and Budget (OMB) under the Paperwork Reduction 
Act, until the effective date for those information collections is 
announced in a document published in the Federal Register after the 
Commission receives OMB approval. The Commission directs the Bureau to 
issue such document announcing the compliance dates for Sec. Sec.  
25.138(a) and (b); 25.147(a) through (c); 27.14(w)(1) through (4); 
27.1412(b)(3)(i), (c) introductory text, (c)(2), (d)(1) and (2), and 
(f) through (h); 27.1413(a)(2) and (3), (b), and (c)(3) and (7); 
27.1414(b)(3), (b)(4)(i) and (iii), (c)(1) through (3); 27.1415; 
27.1416(a); 27.1417; 27.1419; 27.1421; 27.1422(c);

[[Page 22861]]

27.1424; and 101.101, Note (2) accordingly.
    429. It is further ordered that the freeze on applications for new 
FSS earth stations in the 3.7-4.2 GHz band outside of the contiguous 
United States and on applications for new point-to-point microwave 
Fixed Service sites outside of the contiguous United States will be 
lifted on the date of publication of this Report and Order in the 
Federal Register.
    430. It is further ordered that, pursuant to Section 309 and 316 of 
the Communications Act of 1934, as amended, 47 U.S.C. 309 and 316, in 
the Order of Proposed Modification the Commission proposes that the 
licenses and authorizations of all 3.7-4.2 GHz FSS licensees and market 
access holders; all transmit-receive earth station licenses; and all 
Fixed Service licenses will be modified pursuant to the conditions 
specified in this Report and Order at paragraphs 123-125, 321, 323, 
325, these modification conditions will be effective 60 days after 
publication of this Report and Order and Order in the Federal Register, 
provided, however, that in the event any FSS licensee, Fixed Service 
licensee, transmit-receive earth station licensee, or any other 
licensee or permittee who believes that its license or permit would be 
modified by this proposed action, seeks to protest this proposed 
modification and its accompanying timetable, the proposed license 
modifications specified in this Report and Order and Order and 
contested by the licensee or permittee shall not be made final as to 
such licensee or permittee unless and until the Commission orders 
otherwise. Pursuant to Section 316(a)(1) of the Communications Act of 
1934, as amended, 47 U.S.C. 316(a)(1), publication of this Report and 
Order in the Federal Register shall constitute notification in writing 
of our Order proposing the modification of the 3.7-4.2 GHz FSS 
licenses, Fixed Service Licenses, transmit-receive earth station 
licenses, and of the grounds and reasons therefore, and those licensees 
and any other party seeking to file a protest pursuant to Section 316 
shall have 30 days from the date of such publication to protest such 
Order.
    431. It is further ordered, pursuant to Section 309 and 316 of the 
Communications Act of 1934, as amended, 47 U.S.C. 309 and 316, that 
following the final modification of each FSS license and transmit-
receive earth station license, the International Bureau shall further 
modify such licenses as are necessary in order to implement the 
specific band reconfiguration in the manner specified in this Report 
and Order; and the Wireless Telecommunications Bureau shall modify each 
Fixed Service license as necessary in order to implement the specific 
band reconfiguration in the manner specified in this Report and Order.
    432. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    433. It is further ordered that this Report and Order SHALL BE sent 
to Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    434. It is our intention in adopting these rules that, if any 
provision of the Report and Order or the rules, or the application 
thereof to any person or circumstance, is held to be unlawful, the 
remaining portions of such Report and Order and the rules not deemed 
unlawful, and the application of the Report and Order and the rules to 
other persons or circumstances, shall remain in effect to the fullest 
extent permitted by law.

List of Subjects in 47 CFR Parts 1, 2, 25, 27, and 101

    Administrative practice and procedures, Communications, 
Communications equipment, Radio, Reporting and recordkeeping 
requirements, Satellites, Telecommunications.

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 25, 27, and 101 as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority:  47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, 
unless otherwise noted.


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, of this 
chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and 
Digital Electronic Message Services (part 101, subpart G, of this 
chapter); 218-219 MHz Service (part 95, subpart F, of this chapter); 
220-222 MHz Service, excluding public safety licenses (part 90, subpart 
T, of this chapter); 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); 3.7 GHz Service (part 27, subpart O); Advanced Wireless 
Services (part 27, subparts K and L); Air-Ground Radiotelephone Service 
(Commercial Aviation) (part 22, subpart G, of this chapter); Broadband 
Personal Communications Service (part 24, subpart E, of this chapter); 
Broadband Radio Service (part 27, subpart M); Cellular Radiotelephone 
Service (part 22, subpart H); Citizens Broadband Radio Service (part 
96, subpart C, of this chapter); 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, of this chapter); Upper 
Microwave Flexible Use Service (part 30 of this chapter); and Wireless 
Communications Service (part 27, subpart D).
* * * * *

0
3. Amend Sec.  1.9005 by:
0
a. Removing the word ``and'' at the end of paragraph (kk);
0
b. Removing the period at the end of paragraph (ll) and adding ``; 
and'' in its place; and
0
c. Adding paragraph (mm).
    The addition reads as follows:


Sec.  1.9005   Included services.

* * * * *
    (mm) The 3.7 GHz Service in the 3.7-3.98 GHz band.

[[Page 22862]]

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. Amend Sec.  2.106 by revising page 41 of the Table of Frequency 
Allocations and adding footnote NG182 and revising footnote NG457A in 
the list of Non-Federal Government (NG) Footnotes to read as follows:


Sec.  2.106   Table of Frequency Allocations.

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

[[Page 22863]]

[GRAPHIC] [TIFF OMITTED] TR23AP20.006

BILLING CODE 6712-01-C

[[Page 22864]]

* * * * *

Non-Federal Government (NG) Footnotes

* * * * *
    NG182 In the band 3700-4200 MHz, the following provisions shall 
apply:
    (a) Except as provided in paragraph (c)(1) of this footnote, any 
currently authorized space stations serving the contiguous United 
States may continue to operate on a primary basis, but no 
applications for new space station authorizations or new petitions 
for market access shall be accepted for filing after June 21, 2018, 
other than applications by existing operators in the band seeking to 
make more efficient use of the band 4000-4200 MHz. Applications for 
extension, cancellation, replacement, or modification of existing 
space station authorizations in the band will continue to be 
accepted and processed normally.
    (b) In areas outside the contiguous United States, the band 
3700-4000 MHz is also allocated to the fixed-satellite service 
(space-to-Earth) on a primary basis.
    (c) In the contiguous United States, i.e., the contiguous 48 
states and the District of Columbia as defined by Partial Economic 
Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, 
which includes areas within 12 nautical miles of the U.S. Gulf 
coastline (see Sec.  27.6(m) of this chapter), the following 
provisions apply:
    (1) Incumbent use of the fixed-satellite service (space-to-
Earth) in the band 3700-4000 MHz is subject to the provisions of 
Sec. Sec.  25.138, 25.147, 25.203(n) and part 27, subpart O, of this 
chapter;
    (2) Fixed service licensees authorized as of April 19, 2018, 
pursuant to part 101 of this chapter, must self-relocate their 
point-to-point links out of the band 3700-4200 MHz by December 5, 
2023;
    (3) In the band 3980-4000 MHz, no new fixed or mobile operations 
will be permitted until specified by Commission rule, order, or 
notice.
* * * * *
    NG457A Earth stations on vessels (ESVs), as regulated under 47 
CFR part 25, are an application of the fixed-satellite service and 
the following provisions shall apply:
    (a) In the band 3700-4200 MHz, ESVs may be authorized to receive 
FSS signals from geostationary satellites. ESVs in motion are 
subject to the condition that these earth stations may not claim 
protection from transmissions of non-Federal stations in the fixed 
and mobile except aeronautical mobile services. While docked, ESVs 
receiving in the band 4000-4200 MHz may be coordinated for up to 180 
days, renewable. NG182 applies to incumbent licensees that provide 
service to ESVs in the band 3700-4000 MHz.
    (b) In the band 5925-6425 MHz, ESVs may be authorized to 
transmit to geostationary satellites on a primary basis.
* * * * *

PART 25--SATELLITE COMMUNICATIONS

0
6. 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
7. Amend Sec.  25.103 by adding the definition of ``Contiguous United 
States (CONUS)'' in alphabetical order to read as follows:


Sec.  25.103   Definitions.

* * * * *
    Contiguous United States (CONUS). For purposes of subparts B and C 
of this part, the contiguous United States consists of the contiguous 
48 states and the District of Columbia as defined by Partial Economic 
Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which 
includes areas within 12 nautical miles of the U.S. Gulf coastline. In 
this context, the rest of the United States includes the Honolulu, 
Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern 
Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of 
Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416). See Sec.  27.6(m) 
of this chapter.
* * * * *

0
8. Amend Sec.  25.109 by adding paragraph (e) to read as follows:


Sec.  25.109   Cross-reference.

* * * * *
    (e) Space and earth stations in the 3700-4200 MHz band may be 
subject to transition rules in part 27 of this chapter.

0
9. Add Sec.  25.138 to read as follows:


Sec.  25.138   Earth Stations in the 3.7-4.2 GHz band.

    (a) Applications for new, modified, or renewed earth station 
licenses and registrations in the 3.7-4.0 GHz portion of the band in 
CONUS are no longer accepted.
    (b) Applications for new earth station licenses or registrations 
within CONUS in the 4.0-4.2 GHz portion of the band will not be 
accepted until the transition is completed and upon announcement by the 
International Bureau via Public Notice that applications may be filed.
    (c) Fixed and temporary fixed earth stations operating in the 3.7-
4.0 GHz portion of the band within CONUS will be protected from 
interference by licensees in the 3.7 GHz Service subject to the 
deadlines set forth in Sec.  27.1412 of this chapter and are eligible 
for transition into the 4.0-4.2 GHz band so long as they:
    (1) Were operational as of April 19, 2018 and continue to be 
operational;
    (2) Were licensed or registered (or had a pending application for 
license or registration) in the IBFS database on November 7, 2018; and
    (3) Timely certified the accuracy of the information on file with 
the Commission by May 28, 2019.
    (d) Fixed and temporary earth station licenses and registrations 
that meet the criteria in paragraph (c) of this section may be renewed 
or modified to maintain operations in the 4.0-4.2 GHz band.
    (e) Applications for new, modified, or renewed licenses and 
registrations for earth stations outside CONUS operating in the 3.7-4.2 
GHz band will continue to be accepted.

0
10. Add Sec.  25.147 to read as follows:


Sec.  25.147   Space Stations in the 3.7-4.2 GHz band.

    The 3.7-4.0 GHz portion of the band is being transitioned in CONUS 
from FSS GSO (space-to-Earth) to the 3.7 GHz Service.
    (a) New applications for space station licenses and petitions for 
market access concerning space-to-Earth operations in the 3.7-4.0 GHz 
portion of the band within CONUS will no longer be accepted.
    (b) Applications for new or modified space station licenses or 
petitions for market access in the 4.0-4.2 GHz portion of the band 
within CONUS will not be accepted during the transition except by 
existing operators in the band to implement an efficient transition.
    (c) Applications for new or modified space station licenses or 
petitions for market access for space-to-Earth operations in the 3.7-
4.2 GHz band outside CONUS will continue to be accepted.

0
11. Amend Sec.  25.203 by adding paragraph (n) to read as follows:


Sec.  25.203   Choice of sites and frequencies.

* * * * *
    (n) From December 5, 2021 until December 5, 2030, consolidated 
telemetry, tracking, and control (TT&C) operations at no more than four 
locations may be authorized on a primary basis to support space station 
operations, and no other TT&C operations shall be entitled to 
interference protection in the 3.7-4.0 GHz band.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
12. The authority citation for part 27 continues to read as follows:

    Authority:  47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336, 
337, 1403, 1404, 1451, and 1452, unless otherwise noted.


0
13. Amend Sec.  27.1 by adding paragraph (b)(15) and revising paragraph 
(c) to read as follows:

[[Page 22865]]

Sec.  27.1   Basis and purpose.

* * * * *
    (b) * * *
    (15) 3700-3980 MHz.
    (c) Scope. The rules in this part apply only to stations authorized 
under this part or authorized under another part of this chapter on 
frequencies or bands transitioning to authorizations under this part.

0
14. Amend Sec.  27.4 by adding in alphabetical order the definition for 
``3.7 GHz Service'' to read as follows:


Sec.  27.4   Terms and definitions.

    3.7 GHz Service. A radiocommunication service licensed under this 
part for the frequency bands specified in Sec.  27.5(m) (3700-3980 MHz 
band).
* * * * *

0
15. Amend Sec.  27.5 by adding paragraph (m) to read as follows:


Sec.  27.5   Frequencies.

* * * * *
    (m) 3700-3980 MHz band. The 3.7 GHz Service is comprised of Block A 
(3700-3800 MHz); Block B (3800-3900 MHz); and Block C (3900-3980 MHz). 
These blocks are licensed as 14 individual 20 megahertz sub-blocks 
available for assignment in the contiguous United States on a Partial 
Economic Area basis, see Sec.  27.6(m), as follows:
[GRAPHIC] [TIFF OMITTED] TR23AP20.007


0
16. Amend Sec.  27.6 by adding paragraph (m) to read as follows:


Sec.  27.6   Service areas.

* * * * *
    (m) 3700-3980 MHz Band. Service areas in the 3.7 GHz Service are 
based on Partial Economic Areas (PEAs) as defined by appendix A to this 
subpart (see Wireless Telecommunications Bureau Provides Details About 
Partial Economic Areas, DA 14-759, Public Notice, released June 2, 
2014, for more information). The 3.7 GHz Service will be licensed in 
the contiguous United States, i.e., the contiguous 48 states and the 
District of Columbia as defined by Partial Economic Areas Nos. 1-41, 
43-211, 213-263, 265-297, 299-359, and 361-411. The service areas of 
PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 
nautical miles from the U.S. Gulf coastline. The 3.7 GHz Service will 
not be licensed for the following PEAs:

                        Table 3 to Paragraph (m)
------------------------------------------------------------------------
                  PEA No.                             PEA name
------------------------------------------------------------------------
42........................................  Honolulu, HI.
212.......................................  Anchorage, AK.
264.......................................  Kodiak, AK.
298.......................................  Fairbanks, AK.
360.......................................  Juneau, AK.
412.......................................  Puerto Rico.
413.......................................  Guam-Northern Mariana
                                             Islands.
414.......................................  US Virgin Islands.
415.......................................  American Samoa.
------------------------------------------------------------------------


0
17. Add appendix A to subpart A of part 27 to read as follows:

Appendix A to Subpart A of Part 27--List of Partial Economic Areas With 
Corresponding Counties

------------------------------------------------------------------------
                                   Federal
                                 Information
            PEA No.               Processing     County name      State
                                  System No.
------------------------------------------------------------------------
1..............................        09001  Fairfield........  CT
1..............................        09003  Hartford.........  CT
1..............................        09005  Litchfield.......  CT
1..............................        09007  Middlesex........  CT
1..............................        09009  New Haven........  CT
1..............................        09011  New London.......  CT
1..............................        09013  Tolland..........  CT
1..............................        09015  Windham..........  CT
1..............................        34003  Bergen...........  NJ
1..............................        34013  Essex............  NJ
1..............................        34017  Hudson...........  NJ
1..............................        34019  Hunterdon........  NJ
1..............................        34021  Mercer...........  NJ
1..............................        34023  Middlesex........  NJ
1..............................        34025  Monmouth.........  NJ
1..............................        34027  Morris...........  NJ
1..............................        34029  Ocean............  NJ
1..............................        34031  Passaic..........  NJ
1..............................        34035  Somerset.........  NJ
1..............................        34037  Sussex...........  NJ
1..............................        34039  Union............  NJ
1..............................        34041  Warren...........  NJ
1..............................        36005  Bronx............  NY
1..............................        36027  Dutchess.........  NY
1..............................        36047  Kings............  NY
1..............................        36059  Nassau...........  NY
1..............................        36061  New York.........  NY
1..............................        36071  Orange...........  NY
1..............................        36079  Putnam...........  NY
1..............................        36081  Queens...........  NY
1..............................        36085  Richmond.........  NY
1..............................        36087  Rockland.........  NY
1..............................        36103  Suffolk..........  NY
1..............................        36105  Sullivan.........  NY
1..............................        36111  Ulster...........  NY
1..............................        36119  Westchester......  NY
1..............................        42025  Carbon...........  PA
1..............................        42069  Lackawanna.......  PA
1..............................        42077  Lehigh...........  PA
1..............................        42079  Luzerne..........  PA
1..............................        42089  Monroe...........  PA
1..............................        42095  Northampton......  PA
2..............................        06029  Kern.............  CA
2..............................        06037  Los Angeles......  CA
2..............................        06059  Orange...........  CA
2..............................        06065  Riverside........  CA
2..............................        06071  San Bernardino...  CA
2..............................        06079  San Luis Obispo..  CA
2..............................        06083  Santa Barbara....  CA
2..............................        06111  Ventura..........  CA
3..............................        17031  Cook.............  IL
3..............................        17043  DuPage...........  IL
3..............................        17063  Grundy...........  IL
3..............................        17089  Kane.............  IL
3..............................        17091  Kankakee.........  IL
3..............................        17093  Kendall..........  IL
3..............................        17097  Lake.............  IL
3..............................        17111  McHenry..........  IL
3..............................        17197  Will.............  IL
3..............................        18091  La Porte.........  IN
3..............................        18089  Lake.............  IN
3..............................        18127  Porter...........  IN
4..............................        06001  Alameda..........  CA
4..............................        06013  Contra Costa.....  CA
4..............................        06041  Marin............  CA
4..............................        06053  Monterey.........  CA
4..............................        06055  Napa.............  CA
4..............................        06075  San Francisco....  CA
4..............................        06077  San Joaquin......  CA
4..............................        06081  San Mateo........  CA
4..............................        06085  Santa Clara......  CA
4..............................        06087  Santa Cruz.......  CA
4..............................        06095  Solano...........  CA
4..............................        06097  Sonoma...........  CA
4..............................        06099  Stanislaus.......  CA

[[Page 22866]]

 
5..............................        11001  District of        DC
                                               Columbia.
5..............................        24003  Anne Arundel.....  MD
5..............................        24005  Baltimore........  MD
5..............................        24510  Baltimore City...  MD
5..............................        24009  Calvert..........  MD
5..............................        24011  Caroline.........  MD
5..............................        24013  Carroll..........  MD
5..............................        24017  Charles..........  MD
5..............................        24019  Dorchester.......  MD
5..............................        24025  Harford..........  MD
5..............................        24027  Howard...........  MD
5..............................        24029  Kent.............  MD
5..............................        24031  Montgomery.......  MD
5..............................        24033  Prince George's..  MD
5..............................        24035  Queen Anne's.....  MD
5..............................        24037  St. Mary's.......  MD
5..............................        24041  Talbot...........  MD
5..............................        51510  Alexandria City..  VA
5..............................        51013  Arlington........  VA
5..............................        51059  Fairfax..........  VA
5..............................        51600  Fairfax City.....  VA
5..............................        51610  Falls Church City  VA
5..............................        51107  Loudoun..........  VA
5..............................        51683  Manassas City....  VA
5..............................        51685  Manassas Park      VA
                                               City.
5..............................        51153  Prince William...  VA
6..............................        10001  Kent.............  DE
6..............................        10003  New Castle.......  DE
6..............................        24015  Cecil............  MD
6..............................        34001  Atlantic.........  NJ
6..............................        34005  Burlington.......  NJ
6..............................        34007  Camden...........  NJ
6..............................        34009  Cape May.........  NJ
6..............................        34011  Cumberland.......  NJ
6..............................        34015  Gloucester.......  NJ
6..............................        34033  Salem............  NJ
6..............................        42011  Berks............  PA
6..............................        42017  Bucks............  PA
6..............................        42029  Chester..........  PA
6..............................        42045  Delaware.........  PA
6..............................        42071  Lancaster........  PA
6..............................        42091  Montgomery.......  PA
6..............................        42101  Philadelphia.....  PA
7..............................        25001  Barnstable.......  MA
7..............................        25005  Bristol..........  MA
7..............................        25007  Dukes............  MA
7..............................        25009  Essex............  MA
7..............................        25017  Middlesex........  MA
7..............................        25019  Nantucket........  MA
7..............................        25021  Norfolk..........  MA
7..............................        25023  Plymouth.........  MA
7..............................        25025  Suffolk..........  MA
7..............................        25027  Worcester........  MA
7..............................        44001  Bristol..........  RI
7..............................        44003  Kent.............  RI
7..............................        44005  Newport..........  RI
7..............................        44007  Providence.......  RI
7..............................        44009  Washington.......  RI
8..............................        48085  Collin...........  TX
8..............................        48113  Dallas...........  TX
8..............................        48121  Denton...........  TX
8..............................        48139  Ellis............  TX
8..............................        48181  Grayson..........  TX
8..............................        48221  Hood.............  TX
8..............................        48251  Johnson..........  TX
8..............................        48257  Kaufman..........  TX
8..............................        48367  Parker...........  TX
8..............................        48397  Rockwall.........  TX
8..............................        48439  Tarrant..........  TX
8..............................        48497  Wise.............  TX
9..............................        12011  Broward..........  FL
9..............................        12043  Glades...........  FL
9..............................        12051  Hendry...........  FL
9..............................        12061  Indian River.....  FL
9..............................        12085  Martin...........  FL
9..............................        12086  Miami-Dade.......  FL
9..............................        12087  Monroe...........  FL
9..............................        12093  Okeechobee.......  FL
9..............................        12099  Palm Beach.......  FL
9..............................        12111  St. Lucie........  FL
10.............................        48039  Brazoria.........  TX
10.............................        48071  Chambers.........  TX
10.............................        48157  Fort Bend........  TX
10.............................        48167  Galveston........  TX
10.............................        48201  Harris...........  TX
10.............................        48291  Liberty..........  TX
10.............................        48339  Montgomery.......  TX
10.............................        48473  Waller...........  TX
11.............................        13011  Banks............  GA
11.............................        13013  Barrow...........  GA
11.............................        13035  Butts............  GA
11.............................        13057  Cherokee.........  GA
11.............................        13059  Clarke...........  GA
11.............................        13063  Clayton..........  GA
11.............................        13067  Cobb.............  GA
11.............................        13085  Dawson...........  GA
11.............................        13089  DeKalb...........  GA
11.............................        13097  Douglas..........  GA
11.............................        13105  Elbert...........  GA
11.............................        13113  Fayette..........  GA
11.............................        13117  Forsyth..........  GA
11.............................        13119  Franklin.........  GA
11.............................        13121  Fulton...........  GA
11.............................        13133  Greene...........  GA
11.............................        13135  Gwinnett.........  GA
11.............................        13137  Habersham........  GA
11.............................        13139  Hall.............  GA
11.............................        13147  Hart.............  GA
11.............................        13151  Henry............  GA
11.............................        13157  Jackson..........  GA
11.............................        13159  Jasper...........  GA
11.............................        13187  Lumpkin..........  GA
11.............................        13195  Madison..........  GA
11.............................        13211  Morgan...........  GA
11.............................        13217  Newton...........  GA
11.............................        13219  Oconee...........  GA
11.............................        13221  Oglethorpe.......  GA
11.............................        13223  Paulding.........  GA
11.............................        13241  Rabun............  GA
11.............................        13247  Rockdale.........  GA
11.............................        13257  Stephens.........  GA
11.............................        13265  Taliaferro.......  GA
11.............................        13297  Walton...........  GA
11.............................        13311  White............  GA
12.............................        26049  Genesee..........  MI
12.............................        26087  Lapeer...........  MI
12.............................        26093  Livingston.......  MI
12.............................        26099  Macomb...........  MI
12.............................        26125  Oakland..........  MI
12.............................        26155  Shiawassee.......  MI
12.............................        26147  St. Clair........  MI
12.............................        26161  Washtenaw........  MI
12.............................        26163  Wayne............  MI
13.............................        12009  Brevard..........  FL
13.............................        12017  Citrus...........  FL
13.............................        12035  Flagler..........  FL
13.............................        12049  Hardee...........  FL
13.............................        12055  Highlands........  FL
13.............................        12069  Lake.............  FL
13.............................        12083  Marion...........  FL
13.............................        12095  Orange...........  FL
13.............................        12097  Osceola..........  FL
13.............................        12105  Polk.............  FL
13.............................        12117  Seminole.........  FL
13.............................        12119  Sumter...........  FL
13.............................        12127  Volusia..........  FL
14.............................        39007  Ashtabula........  OH
14.............................        39019  Carroll..........  OH
14.............................        39029  Columbiana.......  OH
14.............................        39035  Cuyahoga.........  OH
14.............................        39043  Erie.............  OH
14.............................        39055  Geauga...........  OH
14.............................        39077  Huron............  OH
14.............................        39085  Lake.............  OH
14.............................        39093  Lorain...........  OH
14.............................        39099  Mahoning.........  OH
14.............................        39103  Medina...........  OH
14.............................        39133  Portage..........  OH
14.............................        39151  Stark............  OH
14.............................        39153  Summit...........  OH
14.............................        39155  Trumbull.........  OH
14.............................        42085  Mercer...........  PA
15.............................        04013  Maricopa.........  AZ
16.............................        53009  Clallam..........  WA
16.............................        53031  Jefferson........  WA
16.............................        53033  King.............  WA
16.............................        53035  Kitsap...........  WA
16.............................        53053  Pierce...........  WA
16.............................        53061  Snohomish........  WA
17.............................        27003  Anoka............  MN
17.............................        27009  Benton...........  MN
17.............................        27019  Carver...........  MN
17.............................        27025  Chisago..........  MN
17.............................        27037  Dakota...........  MN
17.............................        27053  Hennepin.........  MN
17.............................        27123  Ramsey...........  MN
17.............................        27139  Scott............  MN
17.............................        27141  Sherburne........  MN
17.............................        27145  Stearns..........  MN
17.............................        27163  Washington.......  MN
17.............................        27171  Wright...........  MN
17.............................        55109  St. Croix........  WI
18.............................        06073  San Diego........  CA
19.............................        41003  Benton...........  OR
19.............................        41005  Clackamas........  OR
19.............................        41007  Clatsop..........  OR
19.............................        41009  Columbia.........  OR
19.............................        41041  Lincoln..........  OR
19.............................        41043  Linn.............  OR
19.............................        41047  Marion...........  OR
19.............................        41051  Multnomah........  OR
19.............................        41053  Polk.............  OR
19.............................        41057  Tillamook........  OR
19.............................        41067  Washington.......  OR
19.............................        41071  Yamhill..........  OR
19.............................        53011  Clark............  WA
19.............................        53015  Cowlitz..........  WA
19.............................        53069  Wahkiakum........  WA
20.............................        08001  Adams............  CO
20.............................        08005  Arapahoe.........  CO
20.............................        08013  Boulder..........  CO
20.............................        08014  Broomfield.......  CO
20.............................        08031  Denver...........  CO
20.............................        08035  Douglas..........  CO
20.............................        08047  Gilpin...........  CO
20.............................        08059  Jefferson........  CO
21.............................        12053  Hernando.........  FL
21.............................        12057  Hillsborough.....  FL
21.............................        12101  Pasco............  FL
21.............................        12103  Pinellas.........  FL

[[Page 22867]]

 
22.............................        06005  Amador...........  CA
22.............................        06007  Butte............  CA
22.............................        06011  Colusa...........  CA
22.............................        06017  El Dorado........  CA
22.............................        06021  Glenn............  CA
22.............................        06057  Nevada...........  CA
22.............................        06061  Placer...........  CA
22.............................        06067  Sacramento.......  CA
22.............................        06101  Sutter...........  CA
22.............................        06113  Yolo.............  CA
22.............................        06115  Yuba.............  CA
23.............................        42003  Allegheny........  PA
23.............................        42005  Armstrong........  PA
23.............................        42007  Beaver...........  PA
23.............................        42019  Butler...........  PA
23.............................        42063  Indiana..........  PA
23.............................        42073  Lawrence.........  PA
23.............................        42125  Washington.......  PA
23.............................        42129  Westmoreland.....  PA
24.............................        17005  Bond.............  IL
24.............................        17027  Clinton..........  IL
24.............................        17121  Marion...........  IL
24.............................        17133  Monroe...........  IL
24.............................        17163  St. Clair........  IL
24.............................        29071  Franklin.........  MO
24.............................        29099  Jefferson........  MO
24.............................        29183  St. Charles......  MO
24.............................        29189  St. Louis........  MO
24.............................        29510  St. Louis City...  MO
25.............................        21015  Boone............  KY
25.............................        21023  Bracken..........  KY
25.............................        21037  Campbell.........  KY
25.............................        21077  Gallatin.........  KY
25.............................        21081  Grant............  KY
25.............................        21117  Kenton...........  KY
25.............................        21135  Lewis............  KY
25.............................        21161  Mason............  KY
25.............................        21191  Pendleton........  KY
25.............................        39001  Adams............  OH
25.............................        39015  Brown............  OH
25.............................        39017  Butler...........  OH
25.............................        39025  Clermont.........  OH
25.............................        39027  Clinton..........  OH
25.............................        39061  Hamilton.........  OH
25.............................        39071  Highland.........  OH
25.............................        39165  Warren...........  OH
26.............................        04015  Mohave...........  AZ
26.............................        32003  Clark............  NV
27.............................        49011  Davis............  UT
27.............................        49035  Salt Lake........  UT
27.............................        49045  Tooele...........  UT
27.............................        49049  Utah.............  UT
27.............................        49057  Weber............  UT
28.............................        48013  Atascosa.........  TX
28.............................        48029  Bexar............  TX
28.............................        48091  Comal............  TX
28.............................        48187  Guadalupe........  TX
29.............................        12001  Alachua..........  FL
29.............................        12003  Baker............  FL
29.............................        12007  Bradford.........  FL
29.............................        12019  Clay.............  FL
29.............................        12023  Columbia.........  FL
29.............................        12029  Dixie............  FL
29.............................        12031  Duval............  FL
29.............................        12041  Gilchrist........  FL
29.............................        12047  Hamilton.........  FL
29.............................        12067  Lafayette........  FL
29.............................        12075  Levy.............  FL
29.............................        12089  Nassau...........  FL
29.............................        12107  Putnam...........  FL
29.............................        12109  St. Johns........  FL
29.............................        12121  Suwannee.........  FL
29.............................        12125  Union............  FL
30.............................        20091  Johnson..........  KS
30.............................        20209  Wyandotte........  KS
30.............................        29037  Cass.............  MO
30.............................        29047  Clay.............  MO
30.............................        29095  Jackson..........  MO
30.............................        29165  Platte...........  MO
30.............................        29177  Ray..............  MO
31.............................        18011  Boone............  IN
31.............................        18035  Delaware.........  IN
31.............................        18057  Hamilton.........  IN
31.............................        18063  Hendricks........  IN
31.............................        18081  Johnson..........  IN
31.............................        18095  Madison..........  IN
31.............................        18097  Marion...........  IN
32.............................        21047  Christian........  KY
32.............................        47021  Cheatham.........  TN
32.............................        47037  Davidson.........  TN
32.............................        47043  Dickson..........  TN
32.............................        47125  Montgomery.......  TN
32.............................        47147  Robertson........  TN
32.............................        47149  Rutherford.......  TN
32.............................        47165  Sumner...........  TN
32.............................        47187  Williamson.......  TN
32.............................        47189  Wilson...........  TN
33.............................        37053  Currituck........  NC
33.............................        51550  Chesapeake City..  VA
33.............................        51620  Franklin City....  VA
33.............................        51073  Gloucester.......  VA
33.............................        51650  Hampton City.....  VA
33.............................        51093  Isle of Wight....  VA
33.............................        51095  James City.......  VA
33.............................        51115  Mathews..........  VA
33.............................        51700  Newport News City  VA
33.............................        51710  Norfolk City.....  VA
33.............................        51735  Poquoson City....  VA
33.............................        51740  Portsmouth City..  VA
33.............................        51175  Southampton......  VA
33.............................        51800  Suffolk City.....  VA
33.............................        51181  Surry............  VA
33.............................        51810  Virginia Beach     VA
                                               City.
33.............................        51830  Williamsburg City  VA
33.............................        51199  York.............  VA
34.............................        06019  Fresno...........  CA
34.............................        06031  Kings............  CA
34.............................        06039  Madera...........  CA
34.............................        06107  Tulare...........  CA
35.............................        48209  Hays.............  TX
35.............................        48331  Milam............  TX
35.............................        48453  Travis...........  TX
35.............................        48491  Williamson.......  TX
36.............................        22051  Jefferson Parish.  LA
36.............................        22057  Lafourche Parish.  LA
36.............................        22071  Orleans Parish...  LA
36.............................        22075  Plaquemines        LA
                                               Parish.
36.............................        22087  St. Bernard        LA
                                               Parish.
36.............................        22089  St. Charles        LA
                                               Parish.
36.............................        22093  St. James Parish.  LA
36.............................        22095  St. John the       LA
                                               Baptist Parish.
36.............................        22103  St. Tammany        LA
                                               Parish.
36.............................        22105  Tangipahoa Parish  LA
36.............................        22109  Terrebonne Parish  LA
36.............................        22117  Washington Parish  LA
36.............................        28109  Pearl River......  MS
37.............................        39041  Delaware.........  OH
37.............................        39045  Fairfield........  OH
37.............................        39049  Franklin.........  OH
37.............................        39097  Madison..........  OH
37.............................        39129  Pickaway.........  OH
38.............................        55079  Milwaukee........  WI
38.............................        55089  Ozaukee..........  WI
38.............................        55131  Washington.......  WI
38.............................        55133  Waukesha.........  WI
39.............................        40017  Canadian.........  OK
39.............................        40027  Cleveland........  OK
39.............................        40031  Comanche.........  OK
39.............................        40051  Grady............  OK
39.............................        40081  Lincoln..........  OK
39.............................        40083  Logan............  OK
39.............................        40087  McClain..........  OK
39.............................        40109  Oklahoma.........  OK
39.............................        40125  Pottawatomie.....  OK
40.............................        01015  Calhoun..........  AL
40.............................        01073  Jefferson........  AL
40.............................        01117  Shelby...........  AL
40.............................        01115  St. Clair........  AL
40.............................        01121  Talladega........  AL
40.............................        01125  Tuscaloosa.......  AL
40.............................        01127  Walker...........  AL
41.............................        36011  Cayuga...........  NY
41.............................        36017  Chenango.........  NY
41.............................        36023  Cortland.........  NY
41.............................        36025  Delaware.........  NY
41.............................        36043  Herkimer.........  NY
41.............................        36053  Madison..........  NY
41.............................        36065  Oneida...........  NY
41.............................        36067  Onondaga.........  NY
41.............................        36075  Oswego...........  NY
41.............................        36077  Otsego...........  NY
41.............................        36097  Schuyler.........  NY
41.............................        36109  Tompkins.........  NY
42.............................        15001  Hawaii...........  HI
42.............................        15003  Honolulu.........  HI
42.............................        15005  Kalawao..........  HI
42.............................        15007  Kauai............  HI
42.............................        15009  Maui.............  HI
43.............................        37071  Gaston...........  NC
43.............................        37119  Mecklenburg......  NC
43.............................        37179  Union............  NC
44.............................        36037  Genesee..........  NY
44.............................        36051  Livingston.......  NY
44.............................        36055  Monroe...........  NY
44.............................        36069  Ontario..........  NY
44.............................        36073  Orleans..........  NY
44.............................        36099  Seneca...........  NY
44.............................        36101  Steuben..........  NY
44.............................        36117  Wayne............  NY
44.............................        36121  Wyoming..........  NY
44.............................        36123  Yates............  NY
45.............................        37063  Durham...........  NC
45.............................        37135  Orange...........  NC
45.............................        37183  Wake.............  NC
46.............................        05005  Baxter...........  AR
46.............................        05009  Boone............  AR
46.............................        05015  Carroll..........  AR
46.............................        05023  Cleburne.........  AR
46.............................        05029  Conway...........  AR
46.............................        05045  Faulkner.........  AR

[[Page 22868]]

 
46.............................        05049  Fulton...........  AR
46.............................        05063  Independence.....  AR
46.............................        05065  Izard............  AR
46.............................        05067  Jackson..........  AR
46.............................        05069  Jefferson........  AR
46.............................        05071  Johnson..........  AR
46.............................        05085  Lonoke...........  AR
46.............................        05089  Marion...........  AR
46.............................        05101  Newton...........  AR
46.............................        05105  Perry............  AR
46.............................        05115  Pope.............  AR
46.............................        05117  Prairie..........  AR
46.............................        05119  Pulaski..........  AR
46.............................        05125  Saline...........  AR
46.............................        05129  Searcy...........  AR
46.............................        05135  Sharp............  AR
46.............................        05137  Stone............  AR
46.............................        05141  Van Buren........  AR
46.............................        05145  White............  AR
46.............................        05147  Woodruff.........  AR
46.............................        05149  Yell.............  AR
47.............................        48061  Cameron..........  TX
47.............................        48215  Hidalgo..........  TX
47.............................        48427  Starr............  TX
47.............................        48489  Willacy..........  TX
48.............................        42001  Adams............  PA
48.............................        42041  Cumberland.......  PA
48.............................        42043  Dauphin..........  PA
48.............................        42067  Juniata..........  PA
48.............................        42075  Lebanon..........  PA
48.............................        42099  Perry............  PA
48.............................        42133  York.............  PA
49.............................        36001  Albany...........  NY
49.............................        36021  Columbia.........  NY
49.............................        36035  Fulton...........  NY
49.............................        36039  Greene...........  NY
49.............................        36041  Hamilton.........  NY
49.............................        36057  Montgomery.......  NY
49.............................        36083  Rensselaer.......  NY
49.............................        36091  Saratoga.........  NY
49.............................        36093  Schenectady......  NY
49.............................        36095  Schoharie........  NY
49.............................        36113  Warren...........  NY
49.............................        36115  Washington.......  NY
50.............................        37149  Polk.............  NC
50.............................        45007  Anderson.........  SC
50.............................        45021  Cherokee.........  SC
50.............................        45045  Greenville.......  SC
50.............................        45073  Oconee...........  SC
50.............................        45077  Pickens..........  SC
50.............................        45083  Spartanburg......  SC
50.............................        45087  Union............  SC
51.............................        18019  Clark............  IN
51.............................        18043  Floyd............  IN
51.............................        18077  Jefferson........  IN
51.............................        18143  Scott............  IN
51.............................        21029  Bullitt..........  KY
51.............................        21041  Carroll..........  KY
51.............................        21103  Henry............  KY
51.............................        21111  Jefferson........  KY
51.............................        21185  Oldham...........  KY
51.............................        21211  Shelby...........  KY
51.............................        21223  Trimble..........  KY
52.............................        21019  Boyd.............  KY
52.............................        21043  Carter...........  KY
52.............................        21063  Elliott..........  KY
52.............................        21089  Greenup..........  KY
52.............................        39053  Gallia...........  OH
52.............................        39087  Lawrence.........  OH
52.............................        39105  Meigs............  OH
52.............................        39167  Washington.......  OH
52.............................        54005  Boone............  WV
52.............................        54007  Braxton..........  WV
52.............................        54011  Cabell...........  WV
52.............................        54013  Calhoun..........  WV
52.............................        54015  Clay.............  WV
52.............................        54019  Fayette..........  WV
52.............................        54021  Gilmer...........  WV
52.............................        54035  Jackson..........  WV
52.............................        54039  Kanawha..........  WV
52.............................        54043  Lincoln..........  WV
52.............................        54045  Logan............  WV
52.............................        54053  Mason............  WV
52.............................        54067  Nicholas.........  WV
52.............................        54073  Pleasants........  WV
52.............................        54079  Putnam...........  WV
52.............................        54081  Raleigh..........  WV
52.............................        54085  Ritchie..........  WV
52.............................        54087  Roane............  WV
52.............................        54089  Summers..........  WV
52.............................        54099  Wayne............  WV
52.............................        54101  Webster..........  WV
52.............................        54105  Wirt.............  WV
52.............................        54107  Wood.............  WV
52.............................        54109  Wyoming..........  WV
53.............................        04003  Cochise..........  AZ
53.............................        04019  Pima.............  AZ
53.............................        04023  Santa Cruz.......  AZ
54.............................        36029  Erie.............  NY
54.............................        36063  Niagara..........  NY
55.............................        01033  Colbert..........  AL
55.............................        01049  DeKalb...........  AL
55.............................        01055  Etowah...........  AL
55.............................        01059  Franklin.........  AL
55.............................        01071  Jackson..........  AL
55.............................        01077  Lauderdale.......  AL
55.............................        01079  Lawrence.........  AL
55.............................        01083  Limestone........  AL
55.............................        01089  Madison..........  AL
55.............................        01095  Marshall.........  AL
55.............................        01103  Morgan...........  AL
55.............................        47103  Lincoln..........  TN
56.............................        26005  Allegan..........  MI
56.............................        26015  Barry............  MI
56.............................        26023  Branch...........  MI
56.............................        26025  Calhoun..........  MI
56.............................        26067  Ionia............  MI
56.............................        26077  Kalamazoo........  MI
56.............................        26107  Mecosta..........  MI
56.............................        26117  Montcalm.........  MI
56.............................        26121  Muskegon.........  MI
56.............................        26123  Newaygo..........  MI
56.............................        26127  Oceana...........  MI
56.............................        26159  Van Buren........  MI
57.............................        51036  Charles City.....  VA
57.............................        51041  Chesterfield.....  VA
57.............................        51057  Essex............  VA
57.............................        51075  Goochland........  VA
57.............................        51085  Hanover..........  VA
57.............................        51087  Henrico..........  VA
57.............................        51097  King and Queen...  VA
57.............................        51101  King William.....  VA
57.............................        51103  Lancaster........  VA
57.............................        51119  Middlesex........  VA
57.............................        51127  New Kent.........  VA
57.............................        51133  Northumberland...  VA
57.............................        51145  Powhatan.........  VA
57.............................        51159  Richmond.........  VA
57.............................        51760  Richmond City....  VA
58.............................        17023  Clark............  IL
58.............................        18007  Benton...........  IN
58.............................        18015  Carroll..........  IN
58.............................        18017  Cass.............  IN
58.............................        18021  Clay.............  IN
58.............................        18023  Clinton..........  IN
58.............................        18045  Fountain.........  IN
58.............................        18055  Greene...........  IN
58.............................        18067  Howard...........  IN
58.............................        18093  Lawrence.........  IN
58.............................        18103  Miami............  IN
58.............................        18105  Monroe...........  IN
58.............................        18107  Montgomery.......  IN
58.............................        18109  Morgan...........  IN
58.............................        18117  Orange...........  IN
58.............................        18119  Owen.............  IN
58.............................        18121  Parke............  IN
58.............................        18133  Putnam...........  IN
58.............................        18153  Sullivan.........  IN
58.............................        18157  Tippecanoe.......  IN
58.............................        18159  Tipton...........  IN
58.............................        18165  Vermillion.......  IN
58.............................        18167  Vigo.............  IN
58.............................        18171  Warren...........  IN
58.............................        18181  White............  IN
59.............................        05035  Crittenden.......  AR
59.............................        47157  Shelby...........  TN
59.............................        47167  Tipton...........  TN
60.............................        33001  Belknap..........  NH
60.............................        33011  Hillsborough.....  NH
60.............................        33013  Merrimack........  NH
60.............................        33015  Rockingham.......  NH
60.............................        33017  Strafford........  NH
61.............................        39039  Defiance.........  OH
61.............................        39051  Fulton...........  OH
61.............................        39063  Hancock..........  OH
61.............................        39065  Hardin...........  OH
61.............................        39069  Henry............  OH
61.............................        39095  Lucas............  OH
61.............................        39123  Ottawa...........  OH
61.............................        39125  Paulding.........  OH
61.............................        39143  Sandusky.........  OH
61.............................        39147  Seneca...........  OH
61.............................        39171  Williams.........  OH
61.............................        39173  Wood.............  OH
61.............................        39175  Wyandot..........  OH
62.............................        39021  Champaign........  OH
62.............................        39023  Clark............  OH
62.............................        39057  Greene...........  OH
62.............................        39109  Miami............  OH
62.............................        39113  Montgomery.......  OH
62.............................        39135  Preble...........  OH
63.............................        40021  Cherokee.........  OK
63.............................        40037  Creek............  OK
63.............................        40097  Mayes............  OK
63.............................        40113  Osage............  OK
63.............................        40131  Rogers...........  OK
63.............................        40143  Tulsa............  OK
63.............................        40145  Wagoner..........  OK
64.............................        18039  Elkhart..........  IN
64.............................        18049  Fulton...........  IN
64.............................        18085  Kosciusko........  IN
64.............................        18087  Lagrange.........  IN
64.............................        18099  Marshall.........  IN
64.............................        18131  Pulaski..........  IN
64.............................        18141  St. Joseph.......  IN
64.............................        18149  Starke...........  IN
64.............................        26021  Berrien..........  MI
64.............................        26027  Cass.............  MI
64.............................        26149  St. Joseph.......  MI
65.............................        12021  Collier..........  FL
65.............................        12071  Lee..............  FL
66.............................        26037  Clinton..........  MI
66.............................        26045  Eaton............  MI

[[Page 22869]]

 
66.............................        26059  Hillsdale........  MI
66.............................        26065  Ingham...........  MI
66.............................        26075  Jackson..........  MI
66.............................        26091  Lenawee..........  MI
66.............................        26115  Monroe...........  MI
67.............................        12015  Charlotte........  FL
67.............................        12027  DeSoto...........  FL
67.............................        12081  Manatee..........  FL
67.............................        12115  Sarasota.........  FL
68.............................        26081  Kent.............  MI
68.............................        26139  Ottawa...........  MI
69.............................        25003  Berkshire........  MA
69.............................        25011  Franklin.........  MA
69.............................        25013  Hampden..........  MA
69.............................        25015  Hampshire........  MA
69.............................        50003  Bennington.......  VT
70.............................        06015  Del Norte........  CA
70.............................        41011  Coos.............  OR
70.............................        41015  Curry............  OR
70.............................        41019  Douglas..........  OR
70.............................        41029  Jackson..........  OR
70.............................        41033  Josephine........  OR
70.............................        41039  Lane.............  OR
71.............................        47001  Anderson.........  TN
71.............................        47009  Blount...........  TN
71.............................        47013  Campbell.........  TN
71.............................        47093  Knox.............  TN
71.............................        47105  Loudon...........  TN
71.............................        47129  Morgan...........  TN
71.............................        47145  Roane............  TN
71.............................        47151  Scott............  TN
71.............................        47173  Union............  TN
72.............................        12005  Bay..............  FL
72.............................        12013  Calhoun..........  FL
72.............................        12037  Franklin.........  FL
72.............................        12039  Gadsden..........  FL
72.............................        12045  Gulf.............  FL
72.............................        12063  Jackson..........  FL
72.............................        12065  Jefferson........  FL
72.............................        12073  Leon.............  FL
72.............................        12077  Liberty..........  FL
72.............................        12079  Madison..........  FL
72.............................        12123  Taylor...........  FL
72.............................        12129  Wakulla..........  FL
72.............................        13087  Decatur..........  GA
72.............................        13099  Early............  GA
72.............................        13131  Grady............  GA
72.............................        13201  Miller...........  GA
72.............................        13253  Seminole.........  GA
72.............................        13275  Thomas...........  GA
73.............................        48141  El Paso..........  TX
74.............................        13047  Catoosa..........  GA
74.............................        13083  Dade.............  GA
74.............................        13295  Walker...........  GA
74.............................        47007  Bledsoe..........  TN
74.............................        47011  Bradley..........  TN
74.............................        47065  Hamilton.........  TN
74.............................        47115  Marion...........  TN
74.............................        47107  McMinn...........  TN
74.............................        47121  Meigs............  TN
74.............................        47123  Monroe...........  TN
74.............................        47139  Polk.............  TN
74.............................        47143  Rhea.............  TN
74.............................        47153  Sequatchie.......  TN
75.............................        35001  Bernalillo.......  NM
75.............................        35043  Sandoval.........  NM
76.............................        06003  Alpine...........  CA
76.............................        06027  Inyo.............  CA
76.............................        06035  Lassen...........  CA
76.............................        06051  Mono.............  CA
76.............................        06063  Plumas...........  CA
76.............................        06091  Sierra...........  CA
76.............................        32510  Carson City......  NV
76.............................        32001  Churchill........  NV
76.............................        32005  Douglas..........  NV
76.............................        32007  Elko.............  NV
76.............................        32011  Eureka...........  NV
76.............................        32013  Humboldt.........  NV
76.............................        32015  Lander...........  NV
76.............................        32019  Lyon.............  NV
76.............................        32027  Pershing.........  NV
76.............................        32029  Storey...........  NV
76.............................        32031  Washoe...........  NV
76.............................        32033  White Pine.......  NV
77.............................        23001  Androscoggin.....  ME
77.............................        23005  Cumberland.......  ME
77.............................        23007  Franklin.........  ME
77.............................        23013  Knox.............  ME
77.............................        23015  Lincoln..........  ME
77.............................        23017  Oxford...........  ME
77.............................        23023  Sagadahoc........  ME
77.............................        23031  York.............  ME
78.............................        37001  Alamance.........  NC
78.............................        37081  Guilford.........  NC
78.............................        37151  Randolph.........  NC
79.............................        28001  Adams............  MS
79.............................        28005  Amite............  MS
79.............................        28021  Claiborne........  MS
79.............................        28023  Clarke...........  MS
79.............................        28029  Copiah...........  MS
79.............................        28031  Covington........  MS
79.............................        28035  Forrest..........  MS
79.............................        28037  Franklin.........  MS
79.............................        28041  Greene...........  MS
79.............................        28061  Jasper...........  MS
79.............................        28063  Jefferson........  MS
79.............................        28065  Jefferson Davis..  MS
79.............................        28067  Jones............  MS
79.............................        28069  Kemper...........  MS
79.............................        28073  Lamar............  MS
79.............................        28075  Lauderdale.......  MS
79.............................        28077  Lawrence.........  MS
79.............................        28079  Leake............  MS
79.............................        28085  Lincoln..........  MS
79.............................        28091  Marion...........  MS
79.............................        28099  Neshoba..........  MS
79.............................        28101  Newton...........  MS
79.............................        28111  Perry............  MS
79.............................        28113  Pike.............  MS
79.............................        28123  Scott............  MS
79.............................        28127  Simpson..........  MS
79.............................        28129  Smith............  MS
79.............................        28147  Walthall.........  MS
79.............................        28153  Wayne............  MS
80.............................        19155  Pottawattamie....  IA
80.............................        31055  Douglas..........  NE
80.............................        31153  Sarpy............  NE
81.............................        26001  Alcona...........  MI
81.............................        26011  Arenac...........  MI
81.............................        26017  Bay..............  MI
81.............................        26035  Clare............  MI
81.............................        26051  Gladwin..........  MI
81.............................        26057  Gratiot..........  MI
81.............................        26063  Huron............  MI
81.............................        26069  Iosco............  MI
81.............................        26073  Isabella.........  MI
81.............................        26111  Midland..........  MI
81.............................        26129  Ogemaw...........  MI
81.............................        26145  Saginaw..........  MI
81.............................        26151  Sanilac..........  MI
81.............................        26157  Tuscola..........  MI
82.............................        22005  Ascension Parish.  LA
82.............................        22007  Assumption Parish  LA
82.............................        22033  East Baton Rouge   LA
                                               Parish.
82.............................        22047  Iberville Parish.  LA
82.............................        22063  Livingston Parish  LA
82.............................        22121  West Baton Rouge   LA
                                               Parish.
83.............................        18001  Adams............  IN
83.............................        18003  Allen............  IN
83.............................        18009  Blackford........  IN
83.............................        18033  De Kalb..........  IN
83.............................        18053  Grant............  IN
83.............................        18069  Huntington.......  IN
83.............................        18075  Jay..............  IN
83.............................        18113  Noble............  IN
83.............................        18151  Steuben..........  IN
83.............................        18169  Wabash...........  IN
83.............................        18179  Wells............  IN
83.............................        18183  Whitley..........  IN
84.............................        01003  Baldwin..........  AL
84.............................        01025  Clarke...........  AL
84.............................        01035  Conecuh..........  AL
84.............................        01053  Escambia.........  AL
84.............................        01097  Mobile...........  AL
84.............................        01099  Monroe...........  AL
84.............................        01129  Washington.......  AL
84.............................        01131  Wilcox...........  AL
85.............................        45015  Berkeley.........  SC
85.............................        45019  Charleston.......  SC
85.............................        45029  Colleton.........  SC
85.............................        45035  Dorchester.......  SC
86.............................        21005  Anderson.........  KY
86.............................        21011  Bath.............  KY
86.............................        21017  Bourbon..........  KY
86.............................        21049  Clark............  KY
86.............................        21067  Fayette..........  KY
86.............................        21069  Fleming..........  KY
86.............................        21073  Franklin.........  KY
86.............................        21097  Harrison.........  KY
86.............................        21113  Jessamine........  KY
86.............................        21165  Menifee..........  KY
86.............................        21167  Mercer...........  KY
86.............................        21173  Montgomery.......  KY
86.............................        21181  Nicholas.........  KY
86.............................        21187  Owen.............  KY
86.............................        21201  Robertson........  KY
86.............................        21205  Rowan............  KY
86.............................        21209  Scott............  KY
86.............................        21239  Woodford.........  KY
87.............................        12033  Escambia.........  FL
87.............................        12091  Okaloosa.........  FL
87.............................        12113  Santa Rosa.......  FL
87.............................        12131  Walton...........  FL
88.............................        24001  Allegany.........  MD
88.............................        24021  Frederick........  MD
88.............................        24023  Garrett..........  MD
88.............................        24043  Washington.......  MD
88.............................        42055  Franklin.........  PA
88.............................        42057  Fulton...........  PA
88.............................        54057  Mineral..........  WV
89.............................        45063  Lexington........  SC
89.............................        45079  Richland.........  SC
90.............................        22025  Catahoula Parish.  LA
90.............................        22029  Concordia Parish.  LA
90.............................        22065  Madison Parish...  LA
90.............................        22107  Tensas Parish....  LA
90.............................        28007  Attala...........  MS

[[Page 22870]]

 
90.............................        28049  Hinds............  MS
90.............................        28051  Holmes...........  MS
90.............................        28089  Madison..........  MS
90.............................        28121  Rankin...........  MS
90.............................        28149  Warren...........  MS
90.............................        28163  Yazoo............  MS
91.............................        08041  El Paso..........  CO
91.............................        08119  Teller...........  CO
92.............................        17019  Champaign........  IL
92.............................        17025  Clay.............  IL
92.............................        17029  Coles............  IL
92.............................        17035  Cumberland.......  IL
92.............................        17041  Douglas..........  IL
92.............................        17045  Edgar............  IL
92.............................        17049  Effingham........  IL
92.............................        17051  Fayette..........  IL
92.............................        17053  Ford.............  IL
92.............................        17079  Jasper...........  IL
92.............................        17115  Macon............  IL
92.............................        17139  Moultrie.........  IL
92.............................        17147  Piatt............  IL
92.............................        17173  Shelby...........  IL
92.............................        17183  Vermilion........  IL
93.............................        22001  Acadia Parish....  LA
93.............................        22039  Evangeline Parish  LA
93.............................        22045  Iberia Parish....  LA
93.............................        22055  Lafayette Parish.  LA
93.............................        22097  St. Landry Parish  LA
93.............................        22099  St. Martin Parish  LA
93.............................        22101  St. Mary Parish..  LA
93.............................        22113  Vermilion Parish.  LA
94.............................        48027  Bell.............  TX
94.............................        48099  Coryell..........  TX
94.............................        48145  Falls............  TX
94.............................        48309  McLennan.........  TX
95.............................        21025  Breathitt........  KY
95.............................        21065  Estill...........  KY
95.............................        21071  Floyd............  KY
95.............................        21109  Jackson..........  KY
95.............................        21115  Johnson..........  KY
95.............................        21119  Knott............  KY
95.............................        21127  Lawrence.........  KY
95.............................        21129  Lee..............  KY
95.............................        21133  Letcher..........  KY
95.............................        21153  Magoffin.........  KY
95.............................        21159  Martin...........  KY
95.............................        21175  Morgan...........  KY
95.............................        21189  Owsley...........  KY
95.............................        21193  Perry............  KY
95.............................        21195  Pike.............  KY
95.............................        21197  Powell...........  KY
95.............................        21237  Wolfe............  KY
95.............................        51021  Bland............  VA
95.............................        51027  Buchanan.........  VA
95.............................        51051  Dickenson........  VA
95.............................        51105  Lee..............  VA
95.............................        51720  Norton City......  VA
95.............................        51167  Russell..........  VA
95.............................        51185  Tazewell.........  VA
95.............................        51195  Wise.............  VA
95.............................        54047  McDowell.........  WV
95.............................        54055  Mercer...........  WV
95.............................        54059  Mingo............  WV
96.............................        21001  Adair............  KY
96.............................        21013  Bell.............  KY
96.............................        21021  Boyle............  KY
96.............................        21045  Casey............  KY
96.............................        21051  Clay.............  KY
96.............................        21053  Clinton..........  KY
96.............................        21079  Garrard..........  KY
96.............................        21087  Green............  KY
96.............................        21095  Harlan...........  KY
96.............................        21121  Knox.............  KY
96.............................        21125  Laurel...........  KY
96.............................        21131  Leslie...........  KY
96.............................        21137  Lincoln..........  KY
96.............................        21151  Madison..........  KY
96.............................        21147  McCreary.........  KY
96.............................        21199  Pulaski..........  KY
96.............................        21203  Rockcastle.......  KY
96.............................        21207  Russell..........  KY
96.............................        21217  Taylor...........  KY
96.............................        21231  Wayne............  KY
96.............................        21235  Whitley..........  KY
96.............................        47025  Claiborne........  TN
97.............................        19143  Osceola..........  IA
97.............................        27013  Blue Earth.......  MN
97.............................        27015  Brown............  MN
97.............................        27023  Chippewa.........  MN
97.............................        27033  Cottonwood.......  MN
97.............................        27043  Faribault........  MN
97.............................        27047  Freeborn.........  MN
97.............................        27063  Jackson..........  MN
97.............................        27067  Kandiyohi........  MN
97.............................        27073  Lac qui Parle....  MN
97.............................        27079  Le Sueur.........  MN
97.............................        27081  Lincoln..........  MN
97.............................        27083  Lyon.............  MN
97.............................        27091  Martin...........  MN
97.............................        27085  McLeod...........  MN
97.............................        27093  Meeker...........  MN
97.............................        27101  Murray...........  MN
97.............................        27103  Nicollet.........  MN
97.............................        27105  Nobles...........  MN
97.............................        27127  Redwood..........  MN
97.............................        27129  Renville.........  MN
97.............................        27131  Rice.............  MN
97.............................        27143  Sibley...........  MN
97.............................        27147  Steele...........  MN
97.............................        27161  Waseca...........  MN
97.............................        27165  Watonwan.........  MN
97.............................        27173  Yellow Medicine..  MN
98.............................        47019  Carter...........  TN
98.............................        47059  Greene...........  TN
98.............................        47073  Hawkins..........  TN
98.............................        47163  Sullivan.........  TN
98.............................        47171  Unicoi...........  TN
98.............................        47179  Washington.......  TN
98.............................        51520  Bristol City.....  VA
98.............................        51169  Scott............  VA
98.............................        51173  Smyth............  VA
98.............................        51191  Washington.......  VA
99.............................        28003  Alcorn...........  MS
99.............................        28013  Calhoun..........  MS
99.............................        28017  Chickasaw........  MS
99.............................        28019  Choctaw..........  MS
99.............................        28025  Clay.............  MS
99.............................        28043  Grenada..........  MS
99.............................        28057  Itawamba.........  MS
99.............................        28081  Lee..............  MS
99.............................        28087  Lowndes..........  MS
99.............................        28095  Monroe...........  MS
99.............................        28097  Montgomery.......  MS
99.............................        28103  Noxubee..........  MS
99.............................        28105  Oktibbeha........  MS
99.............................        28115  Pontotoc.........  MS
99.............................        28117  Prentiss.........  MS
99.............................        28139  Tippah...........  MS
99.............................        28141  Tishomingo.......  MS
99.............................        28145  Union............  MS
99.............................        28155  Webster..........  MS
99.............................        28159  Winston..........  MS
99.............................        47071  Hardin...........  TN
99.............................        47109  McNairy..........  TN
100............................        37013  Beaufort.........  NC
100............................        37031  Carteret.........  NC
100............................        37049  Craven...........  NC
100............................        37055  Dare.............  NC
100............................        37079  Greene...........  NC
100............................        37095  Hyde.............  NC
100............................        37103  Jones............  NC
100............................        37107  Lenoir...........  NC
100............................        37117  Martin...........  NC
100............................        37137  Pamlico..........  NC
100............................        37147  Pitt.............  NC
100............................        37177  Tyrrell..........  NC
100............................        37187  Washington.......  NC
101............................        20015  Butler...........  KS
101............................        20173  Sedgwick.........  KS
102............................        08015  Chaffee..........  CO
102............................        08019  Clear Creek......  CO
102............................        08027  Custer...........  CO
102............................        08029  Delta............  CO
102............................        08037  Eagle............  CO
102............................        08043  Fremont..........  CO
102............................        08045  Garfield.........  CO
102............................        08049  Grand............  CO
102............................        08051  Gunnison.........  CO
102............................        08053  Hinsdale.........  CO
102............................        08057  Jackson..........  CO
102............................        08065  Lake.............  CO
102............................        08077  Mesa.............  CO
102............................        08081  Moffat...........  CO
102............................        08085  Montrose.........  CO
102............................        08091  Ouray............  CO
102............................        08093  Park.............  CO
102............................        08097  Pitkin...........  CO
102............................        08103  Rio Blanco.......  CO
102............................        08107  Routt............  CO
102............................        08113  San Miguel.......  CO
102............................        08117  Summit...........  CO
103............................        51043  Clarke...........  VA
103............................        51061  Fauquier.........  VA
103............................        51069  Frederick........  VA
103............................        51139  Page.............  VA
103............................        51157  Rappahannock.....  VA
103............................        51171  Shenandoah.......  VA
103............................        51187  Warren...........  VA
103............................        51840  Winchester City..  VA
103............................        54003  Berkeley.........  WV
103............................        54023  Grant............  WV
103............................        54027  Hampshire........  WV
103............................        54031  Hardy............  WV
103............................        54037  Jefferson........  WV
103............................        54065  Morgan...........  WV
103............................        54083  Randolph.........  WV
103............................        54093  Tucker...........  WV
104............................        08069  Larimer..........  CO
104............................        08123  Weld.............  CO
105............................        13073  Columbia.........  GA
105............................        13181  Lincoln..........  GA
105............................        13189  McDuffie.........  GA
105............................        13245  Richmond.........  GA
105............................        13317  Wilkes...........  GA
105............................        45003  Aiken............  SC
105............................        45037  Edgefield........  SC
106............................        39009  Athens...........  OH
106............................        39047  Fayette..........  OH
106............................        39059  Guernsey.........  OH
106............................        39073  Hocking..........  OH
106............................        39079  Jackson..........  OH

[[Page 22871]]

 
106............................        39115  Morgan...........  OH
106............................        39119  Muskingum........  OH
106............................        39121  Noble............  OH
106............................        39127  Perry............  OH
106............................        39131  Pike.............  OH
106............................        39141  Ross.............  OH
106............................        39145  Scioto...........  OH
106............................        39163  Vinton...........  OH
107............................        23003  Aroostook........  ME
107............................        23009  Hancock..........  ME
107............................        23011  Kennebec.........  ME
107............................        23019  Penobscot........  ME
107............................        23021  Piscataquis......  ME
107............................        23025  Somerset.........  ME
107............................        23027  Waldo............  ME
107............................        23029  Washington.......  ME
108............................        19049  Dallas...........  IA
108............................        19153  Polk.............  IA
108............................        19181  Warren...........  IA
109............................        37065  Edgecombe........  NC
109............................        37069  Franklin.........  NC
109............................        37077  Granville........  NC
109............................        37083  Halifax..........  NC
109............................        37127  Nash.............  NC
109............................        37131  Northampton......  NC
109............................        37145  Person...........  NC
109............................        37181  Vance............  NC
109............................        37185  Warren...........  NC
109............................        37195  Wilson...........  NC
110............................        21075  Fulton...........  KY
110............................        21105  Hickman..........  KY
110............................        47005  Benton...........  TN
110............................        47017  Carroll..........  TN
110............................        47023  Chester..........  TN
110............................        47033  Crockett.........  TN
110............................        47039  Decatur..........  TN
110............................        47045  Dyer.............  TN
110............................        47047  Fayette..........  TN
110............................        47053  Gibson...........  TN
110............................        47069  Hardeman.........  TN
110............................        47075  Haywood..........  TN
110............................        47077  Henderson........  TN
110............................        47079  Henry............  TN
110............................        47095  Lake.............  TN
110............................        47097  Lauderdale.......  TN
110............................        47113  Madison..........  TN
110............................        47131  Obion............  TN
110............................        47183  Weakley..........  TN
111............................        05007  Benton...........  AR
111............................        05087  Madison..........  AR
111............................        05143  Washington.......  AR
111............................        29119  McDonald.........  MO
111............................        40001  Adair............  OK
111............................        40041  Delaware.........  OK
112............................        21003  Allen............  KY
112............................        21009  Barren...........  KY
112............................        21031  Butler...........  KY
112............................        21057  Cumberland.......  KY
112............................        21061  Edmonson.........  KY
112............................        21099  Hart.............  KY
112............................        21141  Logan............  KY
112............................        21169  Metcalfe.........  KY
112............................        21171  Monroe...........  KY
112............................        21213  Simpson..........  KY
112............................        21219  Todd.............  KY
112............................        21227  Warren...........  KY
112............................        47027  Clay.............  TN
112............................        47035  Cumberland.......  TN
112............................        47049  Fentress.........  TN
112............................        47087  Jackson..........  TN
112............................        47111  Macon............  TN
112............................        47133  Overton..........  TN
112............................        47137  Pickett..........  TN
112............................        47141  Putnam...........  TN
112............................        47169  Trousdale........  TN
113............................        42031  Clarion..........  PA
113............................        42039  Crawford.........  PA
113............................        42049  Erie.............  PA
113............................        42053  Forest...........  PA
113............................        42121  Venango..........  PA
113............................        42123  Warren...........  PA
114............................        42051  Fayette..........  PA
114............................        42059  Greene...........  PA
114............................        54001  Barbour..........  WV
114............................        54017  Doddridge........  WV
114............................        54033  Harrison.........  WV
114............................        54041  Lewis............  WV
114............................        54049  Marion...........  WV
114............................        54061  Monongalia.......  WV
114............................        54077  Preston..........  WV
114............................        54091  Taylor...........  WV
114............................        54097  Upshur...........  WV
115............................        37021  Buncombe.........  NC
115............................        37087  Haywood..........  NC
115............................        37089  Henderson........  NC
115............................        37099  Jackson..........  NC
115............................        37115  Madison..........  NC
115............................        37173  Swain............  NC
115............................        37175  Transylvania.....  NC
116............................        17007  Boone............  IL
116............................        17201  Winnebago........  IL
116............................        55105  Rock.............  WI
117............................        13045  Carroll..........  GA
117............................        13077  Coweta...........  GA
117............................        13143  Haralson.........  GA
117............................        13149  Heard............  GA
117............................        13171  Lamar............  GA
117............................        13199  Meriwether.......  GA
117............................        13231  Pike.............  GA
117............................        13255  Spalding.........  GA
117............................        13263  Talbot...........  GA
117............................        13285  Troup............  GA
117............................        13293  Upson............  GA
118............................        18005  Bartholomew......  IN
118............................        18013  Brown............  IN
118............................        18031  Decatur..........  IN
118............................        18041  Fayette..........  IN
118............................        18059  Hancock..........  IN
118............................        18065  Henry............  IN
118............................        18071  Jackson..........  IN
118............................        18079  Jennings.........  IN
118............................        18135  Randolph.........  IN
118............................        18139  Rush.............  IN
118............................        18145  Shelby...........  IN
118............................        18161  Union............  IN
118............................        18177  Wayne............  IN
119............................        53005  Benton...........  WA
119............................        53021  Franklin.........  WA
119............................        53077  Yakima...........  WA
120............................        05027  Columbia.........  AR
120............................        05073  Lafayette........  AR
120............................        22013  Bienville Parish.  LA
120............................        22015  Bossier Parish...  LA
120............................        22017  Caddo Parish.....  LA
120............................        22027  Claiborne Parish.  LA
120............................        22119  Webster Parish...  LA
120............................        22127  Winn Parish......  LA
121............................        42009  Bedford..........  PA
121............................        42013  Blair............  PA
121............................        42021  Cambria..........  PA
121............................        42061  Huntingdon.......  PA
121............................        42087  Mifflin..........  PA
121............................        42111  Somerset.........  PA
122............................        55025  Dane.............  WI
123............................        39005  Ashland..........  OH
123............................        39033  Crawford.........  OH
123............................        39067  Harrison.........  OH
123............................        39075  Holmes...........  OH
123............................        39139  Richland.........  OH
123............................        39157  Tuscarawas.......  OH
123............................        39169  Wayne............  OH
124............................        53027  Grays Harbor.....  WA
124............................        53041  Lewis............  WA
124............................        53045  Mason............  WA
124............................        53049  Pacific..........  WA
124............................        53067  Thurston.........  WA
125............................        17013  Calhoun..........  IL
125............................        17083  Jersey...........  IL
125............................        17117  Macoupin.........  IL
125............................        17119  Madison..........  IL
125............................        29073  Gasconade........  MO
125............................        29113  Lincoln..........  MO
125............................        29139  Montgomery.......  MO
125............................        29163  Pike.............  MO
125............................        29219  Warren...........  MO
126............................        04007  Gila.............  AZ
126............................        04009  Graham...........  AZ
126............................        04011  Greenlee.........  AZ
126............................        04021  Pinal............  AZ
127............................        18027  Daviess..........  IN
127............................        18037  Dubois...........  IN
127............................        18051  Gibson...........  IN
127............................        18083  Knox.............  IN
127............................        18101  Martin...........  IN
127............................        18123  Perry............  IN
127............................        18125  Pike.............  IN
127............................        18129  Posey............  IN
127............................        18147  Spencer..........  IN
127............................        18163  Vanderburgh......  IN
127............................        18173  Warrick..........  IN
128............................        13009  Baldwin..........  GA
128............................        13021  Bibb.............  GA
128............................        13023  Bleckley.........  GA
128............................        13091  Dodge............  GA
128............................        13153  Houston..........  GA
128............................        13169  Jones............  GA
128............................        13225  Peach............  GA
128............................        13235  Pulaski..........  GA
128............................        13289  Twiggs...........  GA
128............................        13315  Wilcox...........  GA
128............................        13319  Wilkinson........  GA
129............................        17001  Adams............  IL
129............................        17009  Brown............  IL
129............................        17017  Cass.............  IL
129............................        17021  Christian........  IL
129............................        17061  Greene...........  IL
129............................        17107  Logan............  IL
129............................        17129  Menard...........  IL
129............................        17135  Montgomery.......  IL
129............................        17137  Morgan...........  IL
129............................        17149  Pike.............  IL
129............................        17167  Sangamon.........  IL
129............................        17169  Schuyler.........  IL
129............................        17171  Scott............  IL
130............................        53063  Spokane..........  WA
131............................        37037  Chatham..........  NC
131............................        37085  Harnett..........  NC
131............................        37101  Johnston.........  NC
131............................        37105  Lee..............  NC
131............................        37163  Sampson..........  NC
132............................        48007  Aransas..........  TX
132............................        48025  Bee..............  TX
132............................        48355  Nueces...........  TX

[[Page 22872]]

 
132............................        48391  Refugio..........  TX
132............................        48409  San Patricio.....  TX
133............................        48005  Angelina.........  TX
133............................        48161  Freestone........  TX
133............................        48225  Houston..........  TX
133............................        48289  Leon.............  TX
133............................        48293  Limestone........  TX
133............................        48313  Madison..........  TX
133............................        48347  Nacogdoches......  TX
133............................        48373  Polk.............  TX
133............................        48395  Robertson........  TX
133............................        48403  Sabine...........  TX
133............................        48405  San Augustine....  TX
133............................        48407  San Jacinto......  TX
133............................        48419  Shelby...........  TX
133............................        48455  Trinity..........  TX
133............................        48471  Walker...........  TX
134............................        39031  Coshocton........  OH
134............................        39083  Knox.............  OH
134............................        39089  Licking..........  OH
134............................        39091  Logan............  OH
134............................        39101  Marion...........  OH
134............................        39117  Morrow...........  OH
134............................        39159  Union............  OH
135............................        48199  Hardin...........  TX
135............................        48241  Jasper...........  TX
135............................        48245  Jefferson........  TX
135............................        48351  Newton...........  TX
135............................        48361  Orange...........  TX
135............................        48457  Tyler............  TX
136............................        42035  Clinton..........  PA
136............................        42037  Columbia.........  PA
136............................        42081  Lycoming.........  PA
136............................        42093  Montour..........  PA
136............................        42097  Northumberland...  PA
136............................        42109  Snyder...........  PA
136............................        42113  Sullivan.........  PA
136............................        42119  Union............  PA
136............................        42131  Wyoming..........  PA
137............................        27049  Goodhue..........  MN
137............................        55005  Barron...........  WI
137............................        55013  Burnett..........  WI
137............................        55017  Chippewa.........  WI
137............................        55033  Dunn.............  WI
137............................        55035  Eau Claire.......  WI
137............................        55091  Pepin............  WI
137............................        55093  Pierce...........  WI
137............................        55095  Polk.............  WI
137............................        55107  Rusk.............  WI
137............................        55113  Sawyer...........  WI
137............................        55129  Washburn.........  WI
138............................        50001  Addison..........  VT
138............................        50005  Caledonia........  VT
138............................        50007  Chittenden.......  VT
138............................        50011  Franklin.........  VT
138............................        50013  Grand Isle.......  VT
138............................        50015  Lamoille.........  VT
138............................        50019  Orleans..........  VT
138............................        50021  Rutland..........  VT
138............................        50023  Washington.......  VT
139............................        05001  Arkansas.........  AR
139............................        05003  Ashley...........  AR
139............................        05011  Bradley..........  AR
139............................        05013  Calhoun..........  AR
139............................        05017  Chicot...........  AR
139............................        05019  Clark............  AR
139............................        05025  Cleveland........  AR
139............................        05039  Dallas...........  AR
139............................        05041  Desha............  AR
139............................        05043  Drew.............  AR
139............................        05051  Garland..........  AR
139............................        05053  Grant............  AR
139............................        05057  Hempstead........  AR
139............................        05059  Hot Spring.......  AR
139............................        05061  Howard...........  AR
139............................        05079  Lincoln..........  AR
139............................        05095  Monroe...........  AR
139............................        05097  Montgomery.......  AR
139............................        05099  Nevada...........  AR
139............................        05103  Ouachita.........  AR
139............................        05109  Pike.............  AR
139............................        05139  Union............  AR
140............................        51033  Caroline.........  VA
140............................        51047  Culpeper.........  VA
140............................        51630  Fredericksburg     VA
                                               City.
140............................        51099  King George......  VA
140............................        51113  Madison..........  VA
140............................        51137  Orange...........  VA
140............................        51177  Spotsylvania.....  VA
140............................        51179  Stafford.........  VA
140............................        51193  Westmoreland.....  VA
141............................        27001  Aitkin...........  MN
141............................        27007  Beltrami.........  MN
141............................        27021  Cass.............  MN
141............................        27029  Clearwater.......  MN
141............................        27035  Crow Wing........  MN
141............................        27041  Douglas..........  MN
141............................        27051  Grant............  MN
141............................        27057  Hubbard..........  MN
141............................        27059  Isanti...........  MN
141............................        27065  Kanabec..........  MN
141............................        27095  Mille Lacs.......  MN
141............................        27097  Morrison.........  MN
141............................        27115  Pine.............  MN
141............................        27121  Pope.............  MN
141............................        27149  Stevens..........  MN
141............................        27151  Swift............  MN
141............................        27153  Todd.............  MN
141............................        27159  Wadena...........  MN
142............................        06009  Calaveras........  CA
142............................        06043  Mariposa.........  CA
142............................        06047  Merced...........  CA
142............................        06069  San Benito.......  CA
142............................        06109  Tuolumne.........  CA
143............................        33003  Carroll..........  NH
143............................        33005  Cheshire.........  NH
143............................        33007  Coos.............  NH
143............................        33009  Grafton..........  NH
143............................        33019  Sullivan.........  NH
143............................        50009  Essex............  VT
143............................        50017  Orange...........  VT
143............................        50025  Windham..........  VT
143............................        50027  Windsor..........  VT
144............................        48063  Camp.............  TX
144............................        48119  Delta............  TX
144............................        48147  Fannin...........  TX
144............................        48159  Franklin.........  TX
144............................        48223  Hopkins..........  TX
144............................        48231  Hunt.............  TX
144............................        48277  Lamar............  TX
144............................        48379  Rains............  TX
144............................        48387  Red River........  TX
144............................        48449  Titus............  TX
144............................        48459  Upshur...........  TX
144............................        48467  Van Zandt........  TX
144............................        48499  Wood.............  TX
145............................        47003  Bedford..........  TN
145............................        47015  Cannon...........  TN
145............................        47031  Coffee...........  TN
145............................        47041  DeKalb...........  TN
145............................        47051  Franklin.........  TN
145............................        47055  Giles............  TN
145............................        47061  Grundy...........  TN
145............................        47117  Marshall.........  TN
145............................        47119  Maury............  TN
145............................        47127  Moore............  TN
145............................        47159  Smith............  TN
145............................        47175  Van Buren........  TN
145............................        47177  Warren...........  TN
145............................        47185  White............  TN
146............................        37019  Brunswick........  NC
146............................        37047  Columbus.........  NC
146............................        37129  New Hanover......  NC
146............................        37141  Pender...........  NC
147............................        10005  Sussex...........  DE
147............................        24039  Somerset.........  MD
147............................        24045  Wicomico.........  MD
147............................        24047  Worcester........  MD
147............................        51001  Accomack.........  VA
147............................        51131  Northampton......  VA
148............................        53029  Island...........  WA
148............................        53055  San Juan.........  WA
148............................        53057  Skagit...........  WA
148............................        53073  Whatcom..........  WA
149............................        28039  George...........  MS
149............................        28045  Hancock..........  MS
149............................        28047  Harrison.........  MS
149............................        28059  Jackson..........  MS
149............................        28131  Stone............  MS
150............................        29029  Camden...........  MO
150............................        29059  Dallas...........  MO
150............................        29065  Dent.............  MO
150............................        29085  Hickory..........  MO
150............................        29105  Laclede..........  MO
150............................        29125  Maries...........  MO
150............................        29131  Miller...........  MO
150............................        29141  Morgan...........  MO
150............................        29149  Oregon...........  MO
150............................        29161  Phelps...........  MO
150............................        29167  Polk.............  MO
150............................        29169  Pulaski..........  MO
150............................        29203  Shannon..........  MO
150............................        29215  Texas............  MO
150............................        29225  Webster..........  MO
150............................        29229  Wright...........  MO
151............................        37067  Forsyth..........  NC
151............................        37169  Stokes...........  NC
152............................        48183  Gregg............  TX
152............................        48203  Harrison.........  TX
152............................        48423  Smith............  TX
153............................        55027  Dodge............  WI
153............................        55039  Fond du Lac......  WI
153............................        55047  Green Lake.......  WI
153............................        55055  Jefferson........  WI
153............................        55127  Walworth.........  WI
154............................        45033  Dillon...........  SC
154............................        45043  Georgetown.......  SC
154............................        45051  Horry............  SC
154............................        45067  Marion...........  SC
155............................        55015  Calumet..........  WI
155............................        55087  Outagamie........  WI
155............................        55139  Winnebago........  WI
156............................        16001  Ada..............  ID
157............................        04012  La Paz...........  AZ
157............................        04027  Yuma.............  AZ
157............................        06025  Imperial.........  CA
158............................        30029  Flathead.........  MT
158............................        30039  Granite..........  MT
158............................        30047  Lake.............  MT
158............................        30049  Lewis and Clark..  MT
158............................        30053  Lincoln..........  MT
158............................        30061  Mineral..........  MT

[[Page 22873]]

 
158............................        30063  Missoula.........  MT
158............................        30077  Powell...........  MT
158............................        30081  Ravalli..........  MT
158............................        30089  Sanders..........  MT
159............................        13007  Baker............  GA
159............................        13017  Ben Hill.........  GA
159............................        13019  Berrien..........  GA
159............................        13027  Brooks...........  GA
159............................        13037  Calhoun..........  GA
159............................        13061  Clay.............  GA
159............................        13071  Colquitt.........  GA
159............................        13075  Cook.............  GA
159............................        13101  Echols...........  GA
159............................        13155  Irwin............  GA
159............................        13173  Lanier...........  GA
159............................        13185  Lowndes..........  GA
159............................        13205  Mitchell.........  GA
159............................        13243  Randolph.........  GA
159............................        13273  Terrell..........  GA
159............................        13277  Tift.............  GA
159............................        13287  Turner...........  GA
159............................        13321  Worth............  GA
160............................        48015  Austin...........  TX
160............................        48051  Burleson.........  TX
160............................        48057  Calhoun..........  TX
160............................        48089  Colorado.........  TX
160............................        48123  DeWitt...........  TX
160............................        48149  Fayette..........  TX
160............................        48175  Goliad...........  TX
160............................        48239  Jackson..........  TX
160............................        48285  Lavaca...........  TX
160............................        48321  Matagorda........  TX
160............................        48469  Victoria.........  TX
160............................        48477  Washington.......  TX
160............................        48481  Wharton..........  TX
161............................        17003  Alexander........  IL
161............................        17055  Franklin.........  IL
161............................        17059  Gallatin.........  IL
161............................        17065  Hamilton.........  IL
161............................        17069  Hardin...........  IL
161............................        17077  Jackson..........  IL
161............................        17081  Jefferson........  IL
161............................        17087  Johnson..........  IL
161............................        17145  Perry............  IL
161............................        17151  Pope.............  IL
161............................        17153  Pulaski..........  IL
161............................        17157  Randolph.........  IL
161............................        17165  Saline...........  IL
161............................        17181  Union............  IL
161............................        17189  Washington.......  IL
161............................        17199  Williamson.......  IL
162............................        18025  Crawford.........  IN
162............................        18061  Harrison.........  IN
162............................        18175  Washington.......  IN
162............................        21027  Breckinridge.....  KY
162............................        21085  Grayson..........  KY
162............................        21093  Hardin...........  KY
162............................        21123  Larue............  KY
162............................        21155  Marion...........  KY
162............................        21163  Meade............  KY
162............................        21179  Nelson...........  KY
162............................        21215  Spencer..........  KY
162............................        21229  Washington.......  KY
163............................        19163  Scott............  IA
163............................        17073  Henry............  IL
163............................        17161  Rock Island......  IL
164............................        01001  Autauga..........  AL
164............................        01051  Elmore...........  AL
164............................        01101  Montgomery.......  AL
165............................        01017  Chambers.........  AL
165............................        01019  Cherokee.........  AL
165............................        01029  Cleburne.........  AL
165............................        01111  Randolph.........  AL
165............................        13015  Bartow...........  GA
165............................        13055  Chattooga........  GA
165............................        13115  Floyd............  GA
165............................        13233  Polk.............  GA
166............................        06049  Modoc............  CA
166............................        06089  Shasta...........  CA
166............................        06093  Siskiyou.........  CA
166............................        06103  Tehama...........  CA
166............................        41035  Klamath..........  OR
167............................        51005  Alleghany........  VA
167............................        51015  Augusta..........  VA
167............................        51017  Bath.............  VA
167............................        51530  Buena Vista City.  VA
167............................        51580  Covington City...  VA
167............................        51660  Harrisonburg City  VA
167............................        51091  Highland.........  VA
167............................        51678  Lexington City...  VA
167............................        51163  Rockbridge.......  VA
167............................        51165  Rockingham.......  VA
167............................        51790  Staunton City....  VA
167............................        51820  Waynesboro City..  VA
167............................        54025  Greenbrier.......  WV
167............................        54071  Pendleton........  WV
167............................        54075  Pocahontas.......  WV
168............................        17143  Peoria...........  IL
168............................        17179  Tazewell.........  IL
168............................        17203  Woodford.........  IL
169............................        37061  Duplin...........  NC
169............................        37133  Onslow...........  NC
169............................        37191  Wayne............  NC
170............................        01005  Barbour..........  AL
170............................        01031  Coffee...........  AL
170............................        01039  Covington........  AL
170............................        01045  Dale.............  AL
170............................        01061  Geneva...........  AL
170............................        01067  Henry............  AL
170............................        01069  Houston..........  AL
170............................        12059  Holmes...........  FL
170............................        12133  Washington.......  FL
170............................        13239  Quitman..........  GA
171............................        05033  Crawford.........  AR
171............................        05047  Franklin.........  AR
171............................        05083  Logan............  AR
171............................        05127  Scott............  AR
171............................        05131  Sebastian........  AR
171............................        40061  Haskell..........  OK
171............................        40077  Latimer..........  OK
171............................        40079  Le Flore.........  OK
171............................        40135  Sequoyah.........  OK
172............................        27017  Carlton..........  MN
172............................        27031  Cook.............  MN
172............................        27061  Itasca...........  MN
172............................        27071  Koochiching......  MN
172............................        27075  Lake.............  MN
172............................        27137  St. Louis........  MN
172............................        55031  Douglas..........  WI
173............................        51019  Bedford..........  VA
173............................        51515  Bedford City.....  VA
173............................        51035  Carroll..........  VA
173............................        51063  Floyd............  VA
173............................        51067  Franklin.........  VA
173............................        51071  Giles............  VA
173............................        51121  Montgomery.......  VA
173............................        51155  Pulaski..........  VA
173............................        51750  Radford City.....  VA
173............................        54063  Monroe...........  WV
174............................        29043  Christian........  MO
174............................        29077  Greene...........  MO
175............................        28009  Benton...........  MS
175............................        28033  DeSoto...........  MS
175............................        28071  Lafayette........  MS
175............................        28093  Marshall.........  MS
175............................        28107  Panola...........  MS
175............................        28119  Quitman..........  MS
175............................        28137  Tate.............  MS
175............................        28143  Tunica...........  MS
175............................        28161  Yalobusha........  MS
176............................        19015  Boone............  IA
176............................        19025  Calhoun..........  IA
176............................        19027  Carroll..........  IA
176............................        19047  Crawford.........  IA
176............................        19073  Greene...........  IA
176............................        19075  Grundy...........  IA
176............................        19079  Hamilton.........  IA
176............................        19083  Hardin...........  IA
176............................        19091  Humboldt.........  IA
176............................        19127  Marshall.........  IA
176............................        19161  Sac..............  IA
176............................        19169  Story............  IA
176............................        19171  Tama.............  IA
176............................        19187  Webster..........  IA
176............................        19197  Wright...........  IA
177............................        13029  Bryan............  GA
177............................        13051  Chatham..........  GA
177............................        13103  Effingham........  GA
178............................        20003  Anderson.........  KS
178............................        20011  Bourbon..........  KS
178............................        20059  Franklin.........  KS
178............................        20107  Linn.............  KS
178............................        20121  Miami............  KS
178............................        29013  Bates............  MO
178............................        29015  Benton...........  MO
178............................        29039  Cedar............  MO
178............................        29083  Henry............  MO
178............................        29101  Johnson..........  MO
178............................        29107  Lafayette........  MO
178............................        29159  Pettis...........  MO
178............................        29195  Saline...........  MO
178............................        29185  St. Clair........  MO
178............................        29217  Vernon...........  MO
179............................        19007  Appanoose........  IA
179............................        19051  Davis............  IA
179............................        19057  Des Moines.......  IA
179............................        19087  Henry............  IA
179............................        19099  Jasper...........  IA
179............................        19101  Jefferson........  IA
179............................        19107  Keokuk...........  IA
179............................        19111  Lee..............  IA
179............................        19123  Mahaska..........  IA
179............................        19125  Marion...........  IA
179............................        19135  Monroe...........  IA
179............................        19157  Poweshiek........  IA
179............................        19177  Van Buren........  IA
179............................        19179  Wapello..........  IA
179............................        17067  Hancock..........  IL
179............................        17071  Henderson........  IL
179............................        29045  Clark............  MO
179............................        29199  Scotland.........  MO
180............................        04005  Coconino.........  AZ
180............................        04025  Yavapai..........  AZ
181............................        05081  Little River.....  AR
181............................        05091  Miller...........  AR
181............................        05113  Polk.............  AR
181............................        05133  Sevier...........  AR
181............................        40013  Bryan............  OK
181............................        40023  Choctaw..........  OK
181............................        40089  McCurtain........  OK
181............................        40127  Pushmataha.......  OK

[[Page 22874]]

 
181............................        48037  Bowie............  TX
181............................        48067  Cass.............  TX
181............................        48315  Marion...........  TX
181............................        48343  Morris...........  TX
182............................        19103  Johnson..........  IA
182............................        19113  Linn.............  IA
183............................        29019  Boone............  MO
183............................        29027  Callaway.........  MO
183............................        29051  Cole.............  MO
183............................        29053  Cooper...........  MO
183............................        29089  Howard...........  MO
183............................        29135  Moniteau.........  MO
183............................        29151  Osage............  MO
184............................        22021  Caldwell Parish..  LA
184............................        22035  East Carroll       LA
                                               Parish.
184............................        22041  Franklin Parish..  LA
184............................        22049  Jackson Parish...  LA
184............................        22061  Lincoln Parish...  LA
184............................        22067  Morehouse Parish.  LA
184............................        22073  Ouachita Parish..  LA
184............................        22083  Richland Parish..  LA
184............................        22111  Union Parish.....  LA
184............................        22123  West Carroll       LA
                                               Parish.
185............................        26013  Baraga...........  MI
185............................        26043  Dickinson........  MI
185............................        26053  Gogebic..........  MI
185............................        26061  Houghton.........  MI
185............................        26071  Iron.............  MI
185............................        26083  Keweenaw.........  MI
185............................        26103  Marquette........  MI
185............................        26109  Menominee........  MI
185............................        26131  Ontonagon........  MI
185............................        55037  Florence.........  WI
185............................        55051  Iron.............  WI
185............................        55075  Marinette........  WI
185............................        55078  Menominee........  WI
185............................        55083  Oconto...........  WI
185............................        55115  Shawano..........  WI
186............................        45023  Chester..........  SC
186............................        45057  Lancaster........  SC
186............................        45091  York.............  SC
187............................        16005  Bannock..........  ID
187............................        16011  Bingham..........  ID
187............................        16019  Bonneville.......  ID
187............................        16033  Clark............  ID
187............................        16043  Fremont..........  ID
187............................        16051  Jefferson........  ID
187............................        16065  Madison..........  ID
187............................        16077  Power............  ID
187............................        16081  Teton............  ID
188............................        36003  Allegany.........  NY
188............................        36009  Cattaraugus......  NY
188............................        36013  Chautauqua.......  NY
188............................        42083  McKean...........  PA
188............................        42105  Potter...........  PA
189............................        22003  Allen Parish.....  LA
189............................        22009  Avoyelles Parish.  LA
189............................        22011  Beauregard Parish  LA
189............................        22043  Grant Parish.....  LA
189............................        22059  La Salle Parish..  LA
189............................        22079  Rapides Parish...  LA
189............................        22115  Vernon Parish....  LA
190............................        30019  Daniels..........  MT
190............................        30021  Dawson...........  MT
190............................        30031  Gallatin.........  MT
190............................        30033  Garfield.........  MT
190............................        30037  Golden Valley....  MT
190............................        30057  Madison..........  MT
190............................        30055  McCone...........  MT
190............................        30065  Musselshell......  MT
190............................        30067  Park.............  MT
190............................        30069  Petroleum........  MT
190............................        30083  Richland.........  MT
190............................        30085  Roosevelt........  MT
190............................        30091  Sheridan.........  MT
190............................        30095  Stillwater.......  MT
190............................        30097  Sweet Grass......  MT
190............................        30105  Valley...........  MT
190............................        30111  Yellowstone......  MT
191............................        51007  Amelia...........  VA
191............................        51025  Brunswick........  VA
191............................        51029  Buckingham.......  VA
191............................        51037  Charlotte........  VA
191............................        51570  Colonial Heights   VA
                                               City.
191............................        51049  Cumberland.......  VA
191............................        51053  Dinwiddie........  VA
191............................        51595  Emporia City.....  VA
191............................        51081  Greensville......  VA
191............................        51670  Hopewell City....  VA
191............................        51111  Lunenburg........  VA
191............................        51117  Mecklenburg......  VA
191............................        51135  Nottoway.........  VA
191............................        51730  Petersburg City..  VA
191............................        51147  Prince Edward....  VA
191............................        51149  Prince George....  VA
191............................        51183  Sussex...........  VA
192............................        37051  Cumberland.......  NC
193............................        20005  Atchison.........  KS
193............................        20043  Doniphan.........  KS
193............................        20045  Douglas..........  KS
193............................        20103  Leavenworth......  KS
193............................        29003  Andrew...........  MO
193............................        29021  Buchanan.........  MO
194............................        42023  Cameron..........  PA
194............................        42027  Centre...........  PA
194............................        42033  Clearfield.......  PA
194............................        42047  Elk..............  PA
194............................        42065  Jefferson........  PA
195............................        16009  Benewah..........  ID
195............................        16017  Bonner...........  ID
195............................        16021  Boundary.........  ID
195............................        16035  Clearwater.......  ID
195............................        16049  Idaho............  ID
195............................        16055  Kootenai.........  ID
195............................        16057  Latah............  ID
195............................        16061  Lewis............  ID
195............................        16069  Nez Perce........  ID
195............................        16079  Shoshone.........  ID
196............................        29017  Bollinger........  MO
196............................        29023  Butler...........  MO
196............................        29031  Cape Girardeau...  MO
196............................        29035  Carter...........  MO
196............................        29093  Iron.............  MO
196............................        29123  Madison..........  MO
196............................        29133  Mississippi......  MO
196............................        29143  New Madrid.......  MO
196............................        29157  Perry............  MO
196............................        29179  Reynolds.........  MO
196............................        29181  Ripley...........  MO
196............................        29201  Scott............  MO
196............................        29207  Stoddard.........  MO
196............................        29223  Wayne............  MO
197............................        39013  Belmont..........  OH
197............................        39081  Jefferson........  OH
197............................        39111  Monroe...........  OH
197............................        54009  Brooke...........  WV
197............................        54029  Hancock..........  WV
197............................        54051  Marshall.........  WV
197............................        54069  Ohio.............  WV
197............................        54095  Tyler............  WV
197............................        54103  Wetzel...........  WV
198............................        05021  Clay.............  AR
198............................        05031  Craighead........  AR
198............................        05055  Greene...........  AR
198............................        05075  Lawrence.........  AR
198............................        05093  Mississippi......  AR
198............................        05111  Poinsett.........  AR
198............................        05121  Randolph.........  AR
198............................        29069  Dunklin..........  MO
198............................        29155  Pemiscot.........  MO
199............................        13111  Fannin...........  GA
199............................        13123  Gilmer...........  GA
199............................        13129  Gordon...........  GA
199............................        13213  Murray...........  GA
199............................        13227  Pickens..........  GA
199............................        13281  Towns............  GA
199............................        13291  Union............  GA
199............................        13313  Whitfield........  GA
200............................        37033  Caswell..........  NC
200............................        37157  Rockingham.......  NC
200............................        51590  Danville City....  VA
200............................        51089  Henry............  VA
200............................        51690  Martinsville City  VA
200............................        51141  Patrick..........  VA
200............................        51143  Pittsylvania.....  VA
201............................        48019  Bandera..........  TX
201............................        48127  Dimmit...........  TX
201............................        48163  Frio.............  TX
201............................        48171  Gillespie........  TX
201............................        48259  Kendall..........  TX
201............................        48265  Kerr.............  TX
201............................        48283  La Salle.........  TX
201............................        48323  Maverick.........  TX
201............................        48325  Medina...........  TX
201............................        48385  Real.............  TX
201............................        48463  Uvalde...........  TX
201............................        48507  Zavala...........  TX
202............................        01113  Russell..........  AL
202............................        13053  Chattahoochee....  GA
202............................        13145  Harris...........  GA
202............................        13197  Marion...........  GA
202............................        13215  Muscogee.........  GA
202............................        13259  Stewart..........  GA
202............................        13307  Webster..........  GA
203............................        26009  Antrim...........  MI
203............................        26019  Benzie...........  MI
203............................        26055  Grand Traverse...  MI
203............................        26079  Kalkaska.........  MI
203............................        26085  Lake.............  MI
203............................        26089  Leelanau.........  MI
203............................        26101  Manistee.........  MI
203............................        26105  Mason............  MI
203............................        26113  Missaukee........  MI
203............................        26133  Osceola..........  MI
203............................        26165  Wexford..........  MI
204............................        21055  Crittenden.......  KY
204............................        21059  Daviess..........  KY
204............................        21091  Hancock..........  KY
204............................        21101  Henderson........  KY
204............................        21107  Hopkins..........  KY
204............................        21149  McLean...........  KY
204............................        21177  Muhlenberg.......  KY
204............................        21183  Ohio.............  KY
204............................        21225  Union............  KY
204............................        21233  Webster..........  KY
205............................        06023  Humboldt.........  CA
205............................        06033  Lake.............  CA
205............................        06045  Mendocino........  CA

[[Page 22875]]

 
205............................        06105  Trinity..........  CA
206............................        53001  Adams............  WA
206............................        53007  Chelan...........  WA
206............................        53017  Douglas..........  WA
206............................        53025  Grant............  WA
206............................        53037  Kittitas.........  WA
206............................        53047  Okanogan.........  WA
207............................        13003  Atkinson.........  GA
207............................        13005  Bacon............  GA
207............................        13025  Brantley.........  GA
207............................        13039  Camden...........  GA
207............................        13049  Charlton.........  GA
207............................        13065  Clinch...........  GA
207............................        13069  Coffee...........  GA
207............................        13127  Glynn............  GA
207............................        13191  McIntosh.........  GA
207............................        13229  Pierce...........  GA
207............................        13299  Ware.............  GA
208............................        37097  Iredell..........  NC
208............................        37159  Rowan............  NC
209............................        55009  Brown............  WI
209............................        55029  Door.............  WI
209............................        55061  Kewaunee.........  WI
210............................        36007  Broome...........  NY
210............................        36107  Tioga............  NY
210............................        42115  Susquehanna......  PA
211............................        40005  Atoka............  OK
211............................        40019  Carter...........  OK
211............................        40029  Coal.............  OK
211............................        40033  Cotton...........  OK
211............................        40049  Garvin...........  OK
211............................        40063  Hughes...........  OK
211............................        40067  Jefferson........  OK
211............................        40069  Johnston.........  OK
211............................        40085  Love.............  OK
211............................        40095  Marshall.........  OK
211............................        40099  Murray...........  OK
211............................        40107  Okfuskee.........  OK
211............................        40123  Pontotoc.........  OK
211............................        40133  Seminole.........  OK
211............................        40137  Stephens.........  OK
212............................        02020  Anchorage Borough  AK
213............................        41013  Crook............  OR
213............................        41017  Deschutes........  OR
213............................        41027  Hood River.......  OR
213............................        41031  Jefferson........  OR
213............................        41037  Lake.............  OR
213............................        41055  Sherman..........  OR
213............................        41065  Wasco............  OR
213............................        53039  Klickitat........  WA
213............................        53059  Skamania.........  WA
214............................        31109  Lancaster........  NE
215............................        37003  Alexander........  NC
215............................        37023  Burke............  NC
215............................        37035  Catawba..........  NC
216............................        20021  Cherokee.........  KS
216............................        20037  Crawford.........  KS
216............................        29011  Barton...........  MO
216............................        29097  Jasper...........  MO
216............................        29145  Newton...........  MO
216............................        40115  Ottawa...........  OK
217............................        48303  Lubbock..........  TX
218............................        55073  Marathon.........  WI
218............................        55097  Portage..........  WI
218............................        55141  Wood.............  WI
219............................        19019  Buchanan.........  IA
219............................        19021  Buena Vista......  IA
219............................        19023  Butler...........  IA
219............................        19033  Cerro Gordo......  IA
219............................        19037  Chickasaw........  IA
219............................        19041  Clay.............  IA
219............................        19059  Dickinson........  IA
219............................        19063  Emmet............  IA
219............................        19065  Fayette..........  IA
219............................        19067  Floyd............  IA
219............................        19069  Franklin.........  IA
219............................        19081  Hancock..........  IA
219............................        19109  Kossuth..........  IA
219............................        19131  Mitchell.........  IA
219............................        19147  Palo Alto........  IA
219............................        19151  Pocahontas.......  IA
219............................        19189  Winnebago........  IA
219............................        19195  Worth............  IA
220............................        48135  Ector............  TX
220............................        48329  Midland..........  TX
221............................        48247  Jim Hogg.........  TX
221............................        48479  Webb.............  TX
221............................        48505  Zapata...........  TX
222............................        47029  Cocke............  TN
222............................        47057  Grainger.........  TN
222............................        47063  Hamblen..........  TN
222............................        47067  Hancock..........  TN
222............................        47089  Jefferson........  TN
222............................        47155  Sevier...........  TN
223............................        19061  Dubuque..........  IA
223............................        19097  Jackson..........  IA
223............................        17085  Jo Daviess.......  IL
223............................        55043  Grant............  WI
223............................        55045  Green............  WI
223............................        55049  Iowa.............  WI
223............................        55065  Lafayette........  WI
224............................        17015  Carroll..........  IL
224............................        17037  DeKalb...........  IL
224............................        17103  Lee..............  IL
224............................        17141  Ogle.............  IL
224............................        17177  Stephenson.......  IL
225............................        27055  Houston..........  MN
225............................        55053  Jackson..........  WI
225............................        55063  La Crosse........  WI
225............................        55081  Monroe...........  WI
225............................        55121  Trempealeau......  WI
225............................        55123  Vernon...........  WI
226............................        39003  Allen............  OH
226............................        39011  Auglaize.........  OH
226............................        39107  Mercer...........  OH
226............................        39137  Putnam...........  OH
226............................        39161  Van Wert.........  OH
227............................        36045  Jefferson........  NY
227............................        36049  Lewis............  NY
227............................        36089  St. Lawrence.....  NY
228............................        51023  Botetourt........  VA
228............................        51045  Craig............  VA
228............................        51161  Roanoke..........  VA
228............................        51770  Roanoke City.....  VA
228............................        51775  Salem City.......  VA
229............................        32009  Esmeralda........  NV
229............................        32017  Lincoln..........  NV
229............................        32021  Mineral..........  NV
229............................        32023  Nye..............  NV
229............................        49001  Beaver...........  UT
229............................        49017  Garfield.........  UT
229............................        49021  Iron.............  UT
229............................        49031  Piute............  UT
229............................        49053  Washington.......  UT
230............................        37017  Bladen...........  NC
230............................        37093  Hoke.............  NC
230............................        37155  Robeson..........  NC
230............................        37165  Scotland.........  NC
231............................        31003  Antelope.........  NE
231............................        31011  Boone............  NE
231............................        31021  Burt.............  NE
231............................        31023  Butler...........  NE
231............................        31025  Cass.............  NE
231............................        31037  Colfax...........  NE
231............................        31039  Cuming...........  NE
231............................        31053  Dodge............  NE
231............................        31119  Madison..........  NE
231............................        31125  Nance............  NE
231............................        31139  Pierce...........  NE
231............................        31141  Platte...........  NE
231............................        31143  Polk.............  NE
231............................        31155  Saunders.........  NE
231............................        31167  Stanton..........  NE
231............................        31177  Washington.......  NE
231............................        31179  Wayne............  NE
232............................        20013  Brown............  KS
232............................        20031  Coffey...........  KS
232............................        20085  Jackson..........  KS
232............................        20087  Jefferson........  KS
232............................        20139  Osage............  KS
232............................        20177  Shawnee..........  KS
233............................        37045  Cleveland........  NC
233............................        37109  Lincoln..........  NC
233............................        37161  Rutherford.......  NC
234............................        37057  Davidson.........  NC
234............................        37059  Davie............  NC
234............................        37197  Yadkin...........  NC
235............................        48375  Potter...........  TX
235............................        48381  Randall..........  TX
236............................        31001  Adams............  NE
236............................        31015  Boyd.............  NE
236............................        31017  Brown............  NE
236............................        31019  Buffalo..........  NE
236............................        31035  Clay.............  NE
236............................        31041  Custer...........  NE
236............................        31047  Dawson...........  NE
236............................        31071  Garfield.........  NE
236............................        31077  Greeley..........  NE
236............................        31079  Hall.............  NE
236............................        31081  Hamilton.........  NE
236............................        31089  Holt.............  NE
236............................        31093  Howard...........  NE
236............................        31103  Keya Paha........  NE
236............................        31115  Loup.............  NE
236............................        31121  Merrick..........  NE
236............................        31129  Nuckolls.........  NE
236............................        31149  Rock.............  NE
236............................        31163  Sherman..........  NE
236............................        31175  Valley...........  NE
236............................        31181  Webster..........  NE
236............................        31183  Wheeler..........  NE
237............................        13031  Bulloch..........  GA
237............................        13043  Candler..........  GA
237............................        13109  Evans............  GA
237............................        13179  Liberty..........  GA
237............................        13183  Long.............  GA
237............................        13251  Screven..........  GA
237............................        13267  Tattnall.........  GA
237............................        13305  Wayne............  GA
238............................        45031  Darlington.......  SC
238............................        45041  Florence.........  SC
238............................        45089  Williamsburg.....  SC
239............................        37025  Cabarrus.........  NC
239............................        37167  Stanly...........  NC
240............................        51003  Albemarle........  VA
240............................        51540  Charlottesville    VA
                                               City.
240............................        51065  Fluvanna.........  VA
240............................        51079  Greene...........  VA
240............................        51109  Louisa...........  VA
240............................        51125  Nelson...........  VA
241............................        13001  Appling..........  GA

[[Page 22876]]

 
241............................        13107  Emanuel..........  GA
241............................        13141  Hancock..........  GA
241............................        13161  Jeff Davis.......  GA
241............................        13167  Johnson..........  GA
241............................        13175  Laurens..........  GA
241............................        13209  Montgomery.......  GA
241............................        13237  Putnam...........  GA
241............................        13271  Telfair..........  GA
241............................        13279  Toombs...........  GA
241............................        13283  Treutlen.........  GA
241............................        13303  Washington.......  GA
241............................        13309  Wheeler..........  GA
242............................        22019  Calcasieu Parish.  LA
242............................        22023  Cameron Parish...  LA
242............................        22053  Jefferson Davis    LA
                                               Parish.
243............................        17127  Massac...........  IL
243............................        21007  Ballard..........  KY
243............................        21033  Caldwell.........  KY
243............................        21035  Calloway.........  KY
243............................        21039  Carlisle.........  KY
243............................        21083  Graves...........  KY
243............................        21139  Livingston.......  KY
243............................        21143  Lyon.............  KY
243............................        21157  Marshall.........  KY
243............................        21145  McCracken........  KY
244............................        20017  Chase............  KS
244............................        20027  Clay.............  KS
244............................        20041  Dickinson........  KS
244............................        20061  Geary............  KS
244............................        20111  Lyon.............  KS
244............................        20117  Marshall.........  KS
244............................        20127  Morris...........  KS
244............................        20131  Nemaha...........  KS
244............................        20149  Pottawatomie.....  KS
244............................        20161  Riley............  KS
244............................        20197  Wabaunsee........  KS
244............................        20201  Washington.......  KS
245............................        29009  Barry............  MO
245............................        29057  Dade.............  MO
245............................        29067  Douglas..........  MO
245............................        29091  Howell...........  MO
245............................        29109  Lawrence.........  MO
245............................        29153  Ozark............  MO
245............................        29209  Stone............  MO
245............................        29213  Taney............  MO
246............................        01027  Clay.............  AL
246............................        01037  Coosa............  AL
246............................        01081  Lee..............  AL
246............................        01087  Macon............  AL
246............................        01123  Tallapoosa.......  AL
247............................        16027  Canyon...........  ID
247............................        16039  Elmore...........  ID
247............................        16073  Owyhee...........  ID
248............................        45027  Clarendon........  SC
248............................        45055  Kershaw..........  SC
248............................        45061  Lee..............  SC
248............................        45085  Sumter...........  SC
249............................        48041  Brazos...........  TX
249............................        48185  Grimes...........  TX
250............................        35013  Dona Ana.........  NM
250............................        35051  Sierra...........  NM
251............................        20007  Barber...........  KS
251............................        20009  Barton...........  KS
251............................        20033  Comanche.........  KS
251............................        20047  Edwards..........  KS
251............................        20051  Ellis............  KS
251............................        20053  Ellsworth........  KS
251............................        20097  Kiowa............  KS
251............................        20115  Marion...........  KS
251............................        20113  McPherson........  KS
251............................        20135  Ness.............  KS
251............................        20145  Pawnee...........  KS
251............................        20151  Pratt............  KS
251............................        20159  Rice.............  KS
251............................        20165  Rush.............  KS
251............................        20167  Russell..........  KS
251............................        20169  Saline...........  KS
251............................        20185  Stafford.........  KS
251............................        20195  Trego............  KS
252............................        19035  Cherokee.........  IA
252............................        19093  Ida..............  IA
252............................        19133  Monona...........  IA
252............................        19141  O'Brien..........  IA
252............................        19149  Plymouth.........  IA
252............................        19167  Sioux............  IA
252............................        19193  Woodbury.........  IA
252............................        46127  Union............  SD
253............................        55001  Adams............  WI
253............................        55021  Columbia.........  WI
253............................        55023  Crawford.........  WI
253............................        55057  Juneau...........  WI
253............................        55077  Marquette........  WI
253............................        55103  Richland.........  WI
253............................        55111  Sauk.............  WI
254............................        55003  Ashland..........  WI
254............................        55007  Bayfield.........  WI
254............................        55019  Clark............  WI
254............................        55041  Forest...........  WI
254............................        55067  Langlade.........  WI
254............................        55069  Lincoln..........  WI
254............................        55085  Oneida...........  WI
254............................        55099  Price............  WI
254............................        55119  Taylor...........  WI
254............................        55125  Vilas............  WI
255............................        28011  Bolivar..........  MS
255............................        28015  Carroll..........  MS
255............................        28027  Coahoma..........  MS
255............................        28053  Humphreys........  MS
255............................        28055  Issaquena........  MS
255............................        28083  Leflore..........  MS
255............................        28125  Sharkey..........  MS
255............................        28133  Sunflower........  MS
255............................        28135  Tallahatchie.....  MS
255............................        28151  Washington.......  MS
256............................        51009  Amherst..........  VA
256............................        51011  Appomattox.......  VA
256............................        51031  Campbell.........  VA
256............................        51083  Halifax..........  VA
256............................        51680  Lynchburg City...  VA
257............................        56001  Albany...........  WY
257............................        56005  Campbell.........  WY
257............................        56009  Converse.........  WY
257............................        56011  Crook............  WY
257............................        56021  Laramie..........  WY
257............................        56027  Niobrara.........  WY
257............................        56031  Platte...........  WY
257............................        56045  Weston...........  WY
258............................        01009  Blount...........  AL
258............................        01043  Cullman..........  AL
258............................        01057  Fayette..........  AL
258............................        01093  Marion...........  AL
258............................        01133  Winston..........  AL
259............................        35005  Chaves...........  NM
259............................        35015  Eddy.............  NM
259............................        35025  Lea..............  NM
259............................        48165  Gaines...........  TX
259............................        48501  Yoakum...........  TX
260............................        26007  Alpena...........  MI
260............................        26029  Charlevoix.......  MI
260............................        26031  Cheboygan........  MI
260............................        26039  Crawford.........  MI
260............................        26047  Emmet............  MI
260............................        26119  Montmorency......  MI
260............................        26135  Oscoda...........  MI
260............................        26137  Otsego...........  MI
260............................        26141  Presque Isle.....  MI
260............................        26143  Roscommon........  MI
261............................        27027  Clay.............  MN
261............................        38017  Cass.............  ND
262............................        45013  Beaufort.........  SC
262............................        45049  Hampton..........  SC
262............................        45053  Jasper...........  SC
263............................        35019  Guadalupe........  NM
263............................        35028  Los Alamos.......  NM
263............................        35033  Mora.............  NM
263............................        35047  San Miguel.......  NM
263............................        35049  Santa Fe.........  NM
264............................        02013  Aleutians East     AK
                                               Borough.
264............................        02016  Aleutians West     AK
                                               Census Area.
264............................        02050  Bethel Census      AK
                                               Area.
264............................        02060  Bristol Bay        AK
                                               Borough.
264............................        02070  Dillingham Census  AK
                                               Area.
264............................        02122  Kenai Peninsula    AK
                                               Borough.
264............................        02150  Kodiak Island      AK
                                               Borough.
264............................        02164  Lake and           AK
                                               Peninsula
                                               Borough.
264............................        02170  Matanuska-Susitna  AK
                                               Borough.
264............................        02261  Valdez-Cordova     AK
                                               Census Area.
265............................        19089  Howard...........  IA
265............................        19191  Winneshiek.......  IA
265............................        27039  Dodge............  MN
265............................        27045  Fillmore.........  MN
265............................        27099  Mower............  MN
265............................        27157  Wabasha..........  MN
265............................        27169  Winona...........  MN
265............................        55011  Buffalo..........  WI
266............................        37009  Ashe.............  NC
266............................        37011  Avery............  NC
266............................        37027  Caldwell.........  NC
266............................        37189  Watauga..........  NC
266............................        47091  Johnson..........  TN
267............................        55071  Manitowoc........  WI
267............................        55117  Sheboygan........  WI
268............................        19031  Cedar............  IA
268............................        19045  Clinton..........  IA
268............................        19115  Louisa...........  IA
268............................        19139  Muscatine........  IA
268............................        17131  Mercer...........  IL
268............................        17195  Whiteside........  IL
269............................        55101  Racine...........  WI
270............................        17011  Bureau...........  IL
270............................        17099  La Salle.........  IL
270............................        17105  Livingston.......  IL
270............................        17155  Putnam...........  IL
271............................        36015  Chemung..........  NY
271............................        42015  Bradford.........  PA
271............................        42117  Tioga............  PA
272............................        48035  Bosque...........  TX
272............................        48049  Brown............  TX
272............................        48083  Coleman..........  TX
272............................        48093  Comanche.........  TX
272............................        48133  Eastland.........  TX

[[Page 22877]]

 
272............................        48143  Erath............  TX
272............................        48193  Hamilton.........  TX
272............................        48217  Hill.............  TX
272............................        48333  Mills............  TX
272............................        48425  Somervell........  TX
273............................        17039  De Witt..........  IL
273............................        17113  McLean...........  IL
274............................        16013  Blaine...........  ID
274............................        16025  Camas............  ID
274............................        16031  Cassia...........  ID
274............................        16047  Gooding..........  ID
274............................        16053  Jerome...........  ID
274............................        16063  Lincoln..........  ID
274............................        16067  Minidoka.........  ID
274............................        16083  Twin Falls.......  ID
275............................        48001  Anderson.........  TX
275............................        48213  Henderson........  TX
275............................        48349  Navarro..........  TX
276............................        30011  Carter...........  MT
276............................        38001  Adams............  ND
276............................        46019  Butte............  SD
276............................        46033  Custer...........  SD
276............................        46047  Fall River.......  SD
276............................        46063  Harding..........  SD
276............................        46081  Lawrence.........  SD
276............................        46093  Meade............  SD
276............................        46103  Pennington.......  SD
276............................        46105  Perkins..........  SD
277............................        20035  Cowley...........  KS
277............................        20049  Elk..............  KS
277............................        20073  Greenwood........  KS
277............................        20077  Harper...........  KS
277............................        20079  Harvey...........  KS
277............................        20095  Kingman..........  KS
277............................        20155  Reno.............  KS
277............................        20191  Sumner...........  KS
278............................        20001  Allen............  KS
278............................        20019  Chautauqua.......  KS
278............................        20099  Labette..........  KS
278............................        20125  Montgomery.......  KS
278............................        20133  Neosho...........  KS
278............................        20205  Wilson...........  KS
278............................        20207  Woodson..........  KS
278............................        40035  Craig............  OK
278............................        40105  Nowata...........  OK
278............................        40147  Washington.......  OK
279............................        16041  Franklin.........  ID
279............................        16071  Oneida...........  ID
279............................        49003  Box Elder........  UT
279............................        49005  Cache............  UT
280............................        20025  Clark............  KS
280............................        20055  Finney...........  KS
280............................        20057  Ford.............  KS
280............................        20067  Grant............  KS
280............................        20069  Gray.............  KS
280............................        20071  Greeley..........  KS
280............................        20075  Hamilton.........  KS
280............................        20081  Haskell..........  KS
280............................        20083  Hodgeman.........  KS
280............................        20093  Kearny...........  KS
280............................        20101  Lane.............  KS
280............................        20119  Meade............  KS
280............................        20129  Morton...........  KS
280............................        20171  Scott............  KS
280............................        20175  Seward...........  KS
280............................        20187  Stanton..........  KS
280............................        20189  Stevens..........  KS
280............................        20203  Wichita..........  KS
280............................        40007  Beaver...........  OK
280............................        40025  Cimarron.........  OK
280............................        40139  Texas............  OK
281............................        40091  McIntosh.........  OK
281............................        40101  Muskogee.........  OK
281............................        40111  Okmulgee.........  OK
281............................        40121  Pittsburg........  OK
282............................        17057  Fulton...........  IL
282............................        17095  Knox.............  IL
282............................        17123  Marshall.........  IL
282............................        17125  Mason............  IL
282............................        17109  McDonough........  IL
282............................        17175  Stark............  IL
282............................        17187  Warren...........  IL
283............................        36019  Clinton..........  NY
283............................        36031  Essex............  NY
283............................        36033  Franklin.........  NY
284............................        45001  Abbeville........  SC
284............................        45047  Greenwood........  SC
284............................        45059  Laurens..........  SC
284............................        45065  McCormick........  SC
285............................        04001  Apache...........  AZ
285............................        35006  Cibola...........  NM
285............................        35031  McKinley.........  NM
286............................        46099  Minnehaha........  SD
287............................        55059  Kenosha..........  WI
288............................        48059  Callahan.........  TX
288............................        48253  Jones............  TX
288............................        48441  Taylor...........  TX
289............................        49007  Carbon...........  UT
289............................        49013  Duchesne.........  UT
289............................        49015  Emery............  UT
289............................        49019  Grand............  UT
289............................        49029  Morgan...........  UT
289............................        49043  Summit...........  UT
289............................        49047  Uintah...........  UT
289............................        49051  Wasatch..........  UT
289............................        49055  Wayne............  UT
290............................        27011  Big Stone........  MN
290............................        27117  Pipestone........  MN
290............................        27133  Rock.............  MN
290............................        27155  Traverse.........  MN
290............................        46005  Beadle...........  SD
290............................        46011  Brookings........  SD
290............................        46025  Clark............  SD
290............................        46029  Codington........  SD
290............................        46039  Deuel............  SD
290............................        46051  Grant............  SD
290............................        46057  Hamlin...........  SD
290............................        46077  Kingsbury........  SD
290............................        46079  Lake.............  SD
290............................        46097  Miner............  SD
290............................        46101  Moody............  SD
290............................        46109  Roberts..........  SD
290............................        46111  Sanborn..........  SD
291............................        37123  Montgomery.......  NC
291............................        37125  Moore............  NC
291............................        37153  Richmond.........  NC
292............................        08101  Pueblo...........  CO
293............................        21221  Trigg............  KY
293............................        47081  Hickman..........  TN
293............................        47083  Houston..........  TN
293............................        47085  Humphreys........  TN
293............................        47099  Lawrence.........  TN
293............................        47101  Lewis............  TN
293............................        47135  Perry............  TN
293............................        47161  Stewart..........  TN
293............................        47181  Wayne............  TN
294............................        19013  Black Hawk.......  IA
294............................        19017  Bremer...........  IA
295............................        40071  Kay..............  OK
295............................        40103  Noble............  OK
295............................        40117  Pawnee...........  OK
295............................        40119  Payne............  OK
296............................        42107  Schuylkill.......  PA
297............................        41001  Baker............  OR
297............................        41021  Gilliam..........  OR
297............................        41023  Grant............  OR
297............................        41049  Morrow...........  OR
297............................        41059  Umatilla.........  OR
297............................        41061  Union............  OR
297............................        41063  Wallowa..........  OR
297............................        41069  Wheeler..........  OR
298............................        02068  Denali Borough...  AK
298............................        02090  Fairbanks North    AK
                                               Star Borough.
298............................        02180  Nome Census Area.  AK
298............................        02185  North Slope        AK
                                               Borough.
298............................        02188  Northwest Arctic   AK
                                               Borough.
298............................        02240  Southeast          AK
                                               Fairbanks Census
                                               Area.
298............................        02270  Wade Hampton       AK
                                               Census Area.
298............................        02290  Yukon-Koyukuk      AK
                                               Census Area.
299............................        29001  Adair............  MO
299............................        29025  Caldwell.........  MO
299............................        29033  Carroll..........  MO
299............................        29049  Clinton..........  MO
299............................        29061  Daviess..........  MO
299............................        29063  DeKalb...........  MO
299............................        29079  Grundy...........  MO
299............................        29081  Harrison.........  MO
299............................        29103  Knox.............  MO
299............................        29117  Livingston.......  MO
299............................        29129  Mercer...........  MO
299............................        29171  Putnam...........  MO
299............................        29197  Schuyler.........  MO
299............................        29211  Sullivan.........  MO
300............................        01011  Bullock..........  AL
300............................        01013  Butler...........  AL
300............................        01041  Crenshaw.........  AL
300............................        01047  Dallas...........  AL
300............................        01085  Lowndes..........  AL
300............................        01105  Perry............  AL
300............................        01109  Pike.............  AL
301............................        27109  Olmsted..........  MN
302............................        40003  Alfalfa..........  OK
302............................        40011  Blaine...........  OK
302............................        40015  Caddo............  OK
302............................        40047  Garfield.........  OK
302............................        40053  Grant............  OK
302............................        40073  Kingfisher.......  OK
302............................        40093  Major............  OK
302............................        40151  Woods............  OK
303............................        30005  Blaine...........  MT
303............................        30013  Cascade..........  MT
303............................        30015  Chouteau.........  MT
303............................        30035  Glacier..........  MT
303............................        30041  Hill.............  MT
303............................        30051  Liberty..........  MT
303............................        30073  Pondera..........  MT
303............................        30099  Teton............  MT
303............................        30101  Toole............  MT
304............................        37171  Surry............  NC
304............................        37193  Wilkes...........  NC
305............................        40009  Beckham..........  OK
305............................        40039  Custer...........  OK
305............................        40043  Dewey............  OK
305............................        40045  Ellis............  OK
305............................        40055  Greer............  OK

[[Page 22878]]

 
305............................        40057  Harmon...........  OK
305............................        40059  Harper...........  OK
305............................        40065  Jackson..........  OK
305............................        40075  Kiowa............  OK
305............................        40129  Roger Mills......  OK
305............................        40149  Washita..........  OK
305............................        40153  Woodward.........  OK
306............................        48077  Clay.............  TX
306............................        48485  Wichita..........  TX
307............................        19119  Lyon.............  IA
307............................        31027  Cedar............  NE
307............................        31107  Knox.............  NE
307............................        46009  Bon Homme........  SD
307............................        46027  Clay.............  SD
307............................        46061  Hanson...........  SD
307............................        46067  Hutchinson.......  SD
307............................        46083  Lincoln..........  SD
307............................        46087  McCook...........  SD
307............................        46125  Turner...........  SD
307............................        46135  Yankton..........  SD
308............................        13079  Crawford.........  GA
308............................        13081  Crisp............  GA
308............................        13093  Dooly............  GA
308............................        13193  Macon............  GA
308............................        13207  Monroe...........  GA
308............................        13249  Schley...........  GA
308............................        13261  Sumter...........  GA
308............................        13269  Taylor...........  GA
309............................        37015  Bertie...........  NC
309............................        37029  Camden...........  NC
309............................        37041  Chowan...........  NC
309............................        37073  Gates............  NC
309............................        37091  Hertford.........  NC
309............................        37139  Pasquotank.......  NC
309............................        37143  Perquimans.......  NC
310............................        29055  Crawford.........  MO
310............................        29187  St. Francois.....  MO
310............................        29186  Ste. Genevieve...  MO
310............................        29221  Washington.......  MO
311............................        08003  Alamosa..........  CO
311............................        08009  Baca.............  CO
311............................        08011  Bent.............  CO
311............................        08017  Cheyenne.........  CO
311............................        08021  Conejos..........  CO
311............................        08023  Costilla.........  CO
311............................        08025  Crowley..........  CO
311............................        08055  Huerfano.........  CO
311............................        08061  Kiowa............  CO
311............................        08071  Las Animas.......  CO
311............................        08079  Mineral..........  CO
311............................        08089  Otero............  CO
311............................        08099  Prowers..........  CO
311............................        08105  Rio Grande.......  CO
311............................        08109  Saguache.........  CO
311............................        35007  Colfax...........  NM
312............................        35045  San Juan.........  NM
313............................        48021  Bastrop..........  TX
313............................        48055  Caldwell.........  TX
313............................        48287  Lee..............  TX
314............................        48073  Cherokee.........  TX
314............................        48365  Panola...........  TX
314............................        48401  Rusk.............  TX
315............................        30003  Big Horn.........  MT
315............................        30009  Carbon...........  MT
315............................        30017  Custer...........  MT
315............................        30025  Fallon...........  MT
315............................        30075  Powder River.....  MT
315............................        30079  Prairie..........  MT
315............................        30087  Rosebud..........  MT
315............................        30103  Treasure.........  MT
315............................        56003  Big Horn.........  WY
315............................        56019  Johnson..........  WY
315............................        56029  Park.............  WY
315............................        56033  Sheridan.........  WY
316............................        16007  Bear Lake........  ID
316............................        16029  Caribou..........  ID
316............................        49009  Daggett..........  UT
316............................        49033  Rich.............  UT
316............................        56007  Carbon...........  WY
316............................        56023  Lincoln..........  WY
316............................        56035  Sublette.........  WY
316............................        56037  Sweetwater.......  WY
316............................        56041  Uinta............  WY
317............................        31059  Fillmore.........  NE
317............................        31067  Gage.............  NE
317............................        31095  Jefferson........  NE
317............................        31097  Johnson..........  NE
317............................        31127  Nemaha...........  NE
317............................        31131  Otoe.............  NE
317............................        31133  Pawnee...........  NE
317............................        31147  Richardson.......  NE
317............................        31151  Saline...........  NE
317............................        31159  Seward...........  NE
317............................        31169  Thayer...........  NE
317............................        31185  York.............  NE
318............................        27069  Kittson..........  MN
318............................        27077  Lake of the Woods  MN
318............................        27089  Marshall.........  MN
318............................        27113  Pennington.......  MN
318............................        27125  Red Lake.........  MN
318............................        27135  Roseau...........  MN
318............................        38005  Benson...........  ND
318............................        38019  Cavalier.........  ND
318............................        38027  Eddy.............  ND
318............................        38063  Nelson...........  ND
318............................        38067  Pembina..........  ND
318............................        38071  Ramsey...........  ND
318............................        38079  Rolette..........  ND
318............................        38091  Steele...........  ND
318............................        38095  Towner...........  ND
318............................        38097  Traill...........  ND
318............................        38099  Walsh............  ND
319............................        13095  Dougherty........  GA
319............................        13177  Lee..............  GA
320............................        48235  Irion............  TX
320............................        48413  Schleicher.......  TX
320............................        48435  Sutton...........  TX
320............................        48451  Tom Green........  TX
321............................        18029  Dearborn.........  IN
321............................        18047  Franklin.........  IN
321............................        18115  Ohio.............  IN
321............................        18137  Ripley...........  IN
321............................        18155  Switzerland......  IN
322............................        38009  Bottineau........  ND
322............................        38013  Burke............  ND
322............................        38023  Divide...........  ND
322............................        38049  McHenry..........  ND
322............................        38053  McKenzie.........  ND
322............................        38061  Mountrail........  ND
322............................        38075  Renville.........  ND
322............................        38101  Ward.............  ND
322............................        38105  Williams.........  ND
323............................        35003  Catron...........  NM
323............................        35053  Socorro..........  NM
323............................        35057  Torrance.........  NM
323............................        35061  Valencia.........  NM
324............................        42103  Pike.............  PA
324............................        42127  Wayne............  PA
325............................        38015  Burleigh.........  ND
325............................        38059  Morton...........  ND
326............................        27005  Becker...........  MN
326............................        27087  Mahnomen.........  MN
326............................        27107  Norman...........  MN
326............................        27111  Otter Tail.......  MN
326............................        27167  Wilkin...........  MN
327............................        45017  Calhoun..........  SC
327............................        45075  Orangeburg.......  SC
328............................        04017  Navajo...........  AZ
329............................        48047  Brooks...........  TX
329............................        48131  Duval............  TX
329............................        48249  Jim Wells........  TX
329............................        48261  Kenedy...........  TX
329............................        48273  Kleberg..........  TX
329............................        48297  Live Oak.........  TX
329............................        48311  McMullen.........  TX
330............................        17033  Crawford.........  IL
330............................        17047  Edwards..........  IL
330............................        17101  Lawrence.........  IL
330............................        17159  Richland.........  IL
330............................        17185  Wabash...........  IL
330............................        17191  Wayne............  IL
330............................        17193  White............  IL
331............................        48079  Cochran..........  TX
331............................        48189  Hale.............  TX
331............................        48219  Hockley..........  TX
331............................        48279  Lamb.............  TX
331............................        48305  Lynn.............  TX
331............................        48437  Swisher..........  TX
331............................        48445  Terry............  TX
332............................        37007  Anson............  NC
332............................        45025  Chesterfield.....  SC
332............................        45069  Marlboro.........  SC
333............................        39037  Darke............  OH
333............................        39149  Shelby...........  OH
334............................        48011  Armstrong........  TX
334............................        48065  Carson...........  TX
334............................        48075  Childress........  TX
334............................        48087  Collingsworth....  TX
334............................        48101  Cottle...........  TX
334............................        48129  Donley...........  TX
334............................        48179  Gray.............  TX
334............................        48191  Hall.............  TX
334............................        48195  Hansford.........  TX
334............................        48211  Hemphill.........  TX
334............................        48233  Hutchinson.......  TX
334............................        48295  Lipscomb.........  TX
334............................        48357  Ochiltree........  TX
334............................        48393  Roberts..........  TX
334............................        48483  Wheeler..........  TX
335............................        22031  De Soto Parish...  LA
335............................        22069  Natchitoches       LA
                                               Parish.
335............................        22081  Red River Parish.  LA
335............................        22085  Sabine Parish....  LA
336............................        27119  Polk.............  MN
336............................        38035  Grand Forks......  ND
337............................        48097  Cooke............  TX
337............................        48237  Jack.............  TX
337............................        48337  Montague.........  TX
337............................        48363  Palo Pinto.......  TX
338............................        08007  Archuleta........  CO
338............................        08033  Dolores..........  CO
338............................        08067  La Plata.........  CO
338............................        08083  Montezuma........  CO
338............................        08111  San Juan.........  CO
339............................        31007  Banner...........  NE
339............................        31013  Box Butte........  NE
339............................        31033  Cheyenne.........  NE
339............................        31045  Dawes............  NE
339............................        31105  Kimball..........  NE
339............................        31123  Morrill..........  NE

[[Page 22879]]

 
339............................        31157  Scotts Bluff.....  NE
339............................        31165  Sioux............  NE
339............................        56015  Goshen...........  WY
340............................        35009  Curry............  NM
340............................        35011  DeBaca...........  NM
340............................        35021  Harding..........  NM
340............................        35037  Quay.............  NM
340............................        35041  Roosevelt........  NM
340............................        35059  Union............  NM
341............................        35027  Lincoln..........  NM
341............................        35035  Otero............  NM
342............................        46003  Aurora...........  SD
342............................        46015  Brule............  SD
342............................        46017  Buffalo..........  SD
342............................        46023  Charles Mix......  SD
342............................        46035  Davison..........  SD
342............................        46043  Douglas..........  SD
342............................        46053  Gregory..........  SD
342............................        46059  Hand.............  SD
342............................        46065  Hughes...........  SD
342............................        46069  Hyde.............  SD
342............................        46073  Jerauld..........  SD
342............................        46085  Lyman............  SD
342............................        46117  Stanley..........  SD
342............................        46119  Sully............  SD
342............................        46123  Tripp............  SD
343............................        48043  Brewster.........  TX
343............................        48103  Crane............  TX
343............................        48105  Crockett.........  TX
343............................        48243  Jeff Davis.......  TX
343............................        48301  Loving...........  TX
343............................        48371  Pecos............  TX
343............................        48377  Presidio.........  TX
343............................        48383  Reagan...........  TX
343............................        48389  Reeves...........  TX
343............................        48443  Terrell..........  TX
343............................        48461  Upton............  TX
343............................        48475  Ward.............  TX
343............................        48495  Winkler..........  TX
344............................        01007  Bibb.............  AL
344............................        01021  Chilton..........  AL
344............................        01065  Hale.............  AL
345............................        45039  Fairfield........  SC
345............................        45071  Newberry.........  SC
345............................        45081  Saluda...........  SC
346............................        37039  Cherokee.........  NC
346............................        37043  Clay.............  NC
346............................        37075  Graham...........  NC
346............................        37113  Macon............  NC
347............................        22037  East Feliciana     LA
                                               Parish.
347............................        22077  Pointe Coupee      LA
                                               Parish.
347............................        22091  St. Helena Parish  LA
347............................        22125  West Feliciana     LA
                                               Parish.
347............................        28157  Wilkinson........  MS
348............................        46013  Brown............  SD
348............................        46021  Campbell.........  SD
348............................        46037  Day..............  SD
348............................        46041  Dewey............  SD
348............................        46045  Edmunds..........  SD
348............................        46049  Faulk............  SD
348............................        46091  Marshall.........  SD
348............................        46089  McPherson........  SD
348............................        46107  Potter...........  SD
348............................        46115  Spink............  SD
348............................        46129  Walworth.........  SD
348............................        46137  Ziebach..........  SD
349............................        37111  McDowell.........  NC
349............................        37121  Mitchell.........  NC
349............................        37199  Yancey...........  NC
350............................        05037  Cross............  AR
350............................        05077  Lee..............  AR
350............................        05107  Phillips.........  AR
350............................        05123  St. Francis......  AR
351............................        30109  Wibaux...........  MT
351............................        38007  Billings.........  ND
351............................        38011  Bowman...........  ND
351............................        38025  Dunn.............  ND
351............................        38029  Emmons...........  ND
351............................        38033  Golden Valley....  ND
351............................        38037  Grant............  ND
351............................        38041  Hettinger........  ND
351............................        38043  Kidder...........  ND
351............................        38047  Logan............  ND
351............................        38051  McIntosh.........  ND
351............................        38055  McLean...........  ND
351............................        38057  Mercer...........  ND
351............................        38065  Oliver...........  ND
351............................        38085  Sioux............  ND
351............................        38087  Slope............  ND
351............................        38089  Stark............  ND
351............................        46031  Corson...........  SD
352............................        48177  Gonzales.........  TX
352............................        48255  Karnes...........  TX
352............................        48493  Wilson...........  TX
353............................        17075  Iroquois.........  IL
353............................        18073  Jasper...........  IN
353............................        18111  Newton...........  IN
354............................        55135  Waupaca..........  WI
354............................        55137  Waushara.........  WI
355............................        56025  Natrona..........  WY
356............................        53019  Ferry............  WA
356............................        53043  Lincoln..........  WA
356............................        53051  Pend Oreille.....  WA
356............................        53065  Stevens..........  WA
357............................        35039  Rio Arriba.......  NM
357............................        35055  Taos.............  NM
358............................        48031  Blanco...........  TX
358............................        48053  Burnet...........  TX
358............................        48299  Llano............  TX
359............................        08075  Logan............  CO
359............................        08087  Morgan...........  CO
359............................        08095  Phillips.........  CO
359............................        08121  Washington.......  CO
359............................        08125  Yuma.............  CO
359............................        31057  Dundy............  NE
360............................        02100  Haines Borough...  AK
360............................        02105  Hoonah-Angoon      AK
                                               Census Area.
360............................        02110  Juneau Borough...  AK
360............................        02130  Ketchikan Gateway  AK
                                               Borough.
360............................        02195  Petersburg.......  AK
360............................        02198  Prince of Wales-   AK
                                               Hyder.
360............................        02220  Sitka Borough....  AK
360............................        02230  Skagway            AK
                                               Municipality.
360............................        02275  Wrangell.........  AK
360............................        02282  Yakutat Borough..  AK
361............................        49023  Juab.............  UT
361............................        49027  Millard..........  UT
361............................        49039  Sanpete..........  UT
361............................        49041  Sevier...........  UT
362............................        16003  Adams............  ID
362............................        16015  Boise............  ID
362............................        16045  Gem..............  ID
362............................        16075  Payette..........  ID
362............................        16085  Valley...........  ID
362............................        16087  Washington.......  ID
363............................        48003  Andrews..........  TX
363............................        48033  Borden...........  TX
363............................        48115  Dawson...........  TX
363............................        48173  Glasscock........  TX
363............................        48227  Howard...........  TX
363............................        48317  Martin...........  TX
364............................        30001  Beaverhead.......  MT
364............................        30007  Broadwater.......  MT
364............................        30023  Deer Lodge.......  MT
364............................        30043  Jefferson........  MT
364............................        30093  Silver Bow.......  MT
365............................        40141  Tillman..........  OK
365............................        48009  Archer...........  TX
365............................        48023  Baylor...........  TX
365............................        48155  Foard............  TX
365............................        48197  Hardeman.........  TX
365............................        48429  Stephens.........  TX
365............................        48447  Throckmorton.....  TX
365............................        48487  Wilbarger........  TX
365............................        48503  Young............  TX
366............................        53003  Asotin...........  WA
366............................        53023  Garfield.........  WA
366............................        53075  Whitman..........  WA
367............................        29007  Audrain..........  MO
367............................        29137  Monroe...........  MO
367............................        29175  Randolph.........  MO
367............................        29205  Shelby...........  MO
368............................        20029  Cloud............  KS
368............................        20039  Decatur..........  KS
368............................        20065  Graham...........  KS
368............................        20089  Jewell...........  KS
368............................        20105  Lincoln..........  KS
368............................        20123  Mitchell.........  KS
368............................        20137  Norton...........  KS
368............................        20141  Osborne..........  KS
368............................        20143  Ottawa...........  KS
368............................        20147  Phillips.........  KS
368............................        20153  Rawlins..........  KS
368............................        20157  Republic.........  KS
368............................        20163  Rooks............  KS
368............................        20183  Smith............  KS
369............................        19003  Adams............  IA
369............................        19071  Fremont..........  IA
369............................        19129  Mills............  IA
369............................        19137  Montgomery.......  IA
369............................        19145  Page.............  IA
369............................        19173  Taylor...........  IA
369............................        29005  Atchison.........  MO
370............................        19011  Benton...........  IA
370............................        19095  Iowa.............  IA
370............................        19183  Washington.......  IA
371............................        37005  Alleghany........  NC
371............................        51640  Galax City.......  VA
371............................        51077  Grayson..........  VA
371............................        51197  Wythe............  VA
372............................        08039  Elbert...........  CO
372............................        08063  Kit Carson.......  CO
372............................        08073  Lincoln..........  CO
372............................        20023  Cheyenne.........  KS
372............................        20063  Gove.............  KS
372............................        20109  Logan............  KS
372............................        20179  Sheridan.........  KS
372............................        20181  Sherman..........  KS
372............................        20193  Thomas...........  KS
372............................        20199  Wallace..........  KS
373............................        53013  Columbia.........  WA
373............................        53071  Walla Walla......  WA
374............................        08115  Sedgwick.........  CO
374............................        31005  Arthur...........  NE
374............................        31009  Blaine...........  NE

[[Page 22880]]

 
374............................        31029  Chase............  NE
374............................        31049  Deuel............  NE
374............................        31069  Garden...........  NE
374............................        31091  Hooker...........  NE
374............................        31101  Keith............  NE
374............................        31111  Lincoln..........  NE
374............................        31113  Logan............  NE
374............................        31117  McPherson........  NE
374............................        31135  Perkins..........  NE
374............................        31171  Thomas...........  NE
375............................        35017  Grant............  NM
375............................        35023  Hidalgo..........  NM
375............................        35029  Luna.............  NM
376............................        48111  Dallam...........  TX
376............................        48117  Deaf Smith.......  TX
376............................        48205  Hartley..........  TX
376............................        48341  Moore............  TX
376............................        48359  Oldham...........  TX
376............................        48421  Sherman..........  TX
377............................        01023  Choctaw..........  AL
377............................        01063  Greene...........  AL
377............................        01091  Marengo..........  AL
377............................        01119  Sumter...........  AL
378............................        13033  Burke............  GA
378............................        13125  Glascock.........  GA
378............................        13163  Jefferson........  GA
378............................        13165  Jenkins..........  GA
378............................        13301  Warren...........  GA
379............................        26033  Chippewa.........  MI
379............................        26095  Luce.............  MI
379............................        26097  Mackinac.........  MI
380............................        26003  Alger............  MI
380............................        26041  Delta............  MI
380............................        26153  Schoolcraft......  MI
381............................        48137  Edwards..........  TX
381............................        48271  Kinney...........  TX
381............................        48465  Val Verde........  TX
382............................        56013  Fremont..........  WY
382............................        56017  Hot Springs......  WY
382............................        56043  Washakie.........  WY
383............................        19039  Clarke...........  IA
383............................        19053  Decatur..........  IA
383............................        19117  Lucas............  IA
383............................        19159  Ringgold.........  IA
383............................        19175  Union............  IA
383............................        19185  Wayne............  IA
384............................        19005  Allamakee........  IA
384............................        19043  Clayton..........  IA
384............................        19055  Delaware.........  IA
385............................        29111  Lewis............  MO
385............................        29127  Marion...........  MO
385............................        29173  Ralls............  MO
386............................        45005  Allendale........  SC
386............................        45009  Bamberg..........  SC
386............................        45011  Barnwell.........  SC
387............................        38003  Barnes...........  ND
387............................        38021  Dickey...........  ND
387............................        38039  Griggs...........  ND
387............................        38045  LaMoure..........  ND
387............................        38073  Ransom...........  ND
387............................        38077  Richland.........  ND
387............................        38081  Sargent..........  ND
388............................        19009  Audubon..........  IA
388............................        19029  Cass.............  IA
388............................        19085  Harrison.........  IA
388............................        19165  Shelby...........  IA
389............................        31061  Franklin.........  NE
389............................        31063  Frontier.........  NE
389............................        31065  Furnas...........  NE
389............................        31073  Gosper...........  NE
389............................        31083  Harlan...........  NE
389............................        31085  Hayes............  NE
389............................        31087  Hitchcock........  NE
389............................        31099  Kearney..........  NE
389............................        31137  Phelps...........  NE
389............................        31145  Red Willow.......  NE
390............................        48151  Fisher...........  TX
390............................        48335  Mitchell.........  TX
390............................        48353  Nolan............  TX
390............................        48415  Scurry...........  TX
391............................        41025  Harney...........  OR
391............................        41045  Malheur..........  OR
392............................        29075  Gentry...........  MO
392............................        29087  Holt.............  MO
392............................        29147  Nodaway..........  MO
392............................        29227  Worth............  MO
393............................        29041  Chariton.........  MO
393............................        29115  Linn.............  MO
393............................        29121  Macon............  MO
394............................        46007  Bennett..........  SD
394............................        46055  Haakon...........  SD
394............................        46071  Jackson..........  SD
394............................        46075  Jones............  SD
394............................        46095  Mellette.........  SD
394............................        46113  Shannon..........  SD
394............................        46121  Todd.............  SD
395............................        38031  Foster...........  ND
395............................        38069  Pierce...........  ND
395............................        38083  Sheridan.........  ND
395............................        38093  Stutsman.........  ND
395............................        38103  Wells............  ND
396............................        19001  Adair............  IA
396............................        19077  Guthrie..........  IA
396............................        19121  Madison..........  IA
397............................        01075  Lamar............  AL
397............................        01107  Pickens..........  AL
398............................        31043  Dakota...........  NE
398............................        31051  Dixon............  NE
398............................        31173  Thurston.........  NE
399............................        48281  Lampasas.........  TX
399............................        48411  San Saba.........  TX
400............................        48017  Bailey...........  TX
400............................        48069  Castro...........  TX
400............................        48369  Parmer...........  TX
401............................        48045  Briscoe..........  TX
401............................        48107  Crosby...........  TX
401............................        48125  Dickens..........  TX
401............................        48153  Floyd............  TX
401............................        48169  Garza............  TX
401............................        48263  Kent.............  TX
401............................        48345  Motley...........  TX
402............................        48095  Concho...........  TX
402............................        48267  Kimble...........  TX
402............................        48319  Mason............  TX
402............................        48307  McCulloch........  TX
402............................        48327  Menard...........  TX
403............................        30027  Fergus...........  MT
403............................        30045  Judith Basin.....  MT
403............................        30059  Meagher..........  MT
403............................        30071  Phillips.........  MT
403............................        30107  Wheatland........  MT
404............................        49025  Kane.............  UT
404............................        49037  San Juan.........  UT
405............................        56039  Teton............  WY
406............................        19105  Jones............  IA
407............................        16023  Butte............  ID
407............................        16037  Custer...........  ID
407............................        16059  Lemhi............  ID
408............................        48081  Coke.............  TX
408............................        48399  Runnels..........  TX
408............................        48431  Sterling.........  TX
409............................        48207  Haskell..........  TX
409............................        48269  King.............  TX
409............................        48275  Knox.............  TX
409............................        48417  Shackelford......  TX
409............................        48433  Stonewall........  TX
410............................        31031  Cherry...........  NE
410............................        31075  Grant............  NE
410............................        31161  Sheridan.........  NE
411............................        48109  Culberson........  TX
411............................        48229  Hudspeth.........  TX
412............................        72001  Adjuntas.........  PR
412............................        72003  Aguada...........  PR
412............................        72005  Aguadilla........  PR
412............................        72007  Aguas Buenas.....  PR
412............................        72009  Aibonito.........  PR
412............................        72011  Anasco...........  PR
412............................        72013  Arecibo..........  PR
412............................        72015  Arroyo...........  PR
412............................        72017  Barceloneta......  PR
412............................        72019  Barranquitas.....  PR
412............................        72021  Bayamon..........  PR
412............................        72023  Cabo Rojo........  PR
412............................        72025  Caguas...........  PR
412............................        72027  Camuy............  PR
412............................        72029  Canovanas........  PR
412............................        72031  Carolina.........  PR
412............................        72033  Catano...........  PR
412............................        72035  Cayey............  PR
412............................        72037  Ceiba............  PR
412............................        72039  Ciales...........  PR
412............................        72041  Cidra............  PR
412............................        72043  Coamo............  PR
412............................        72045  Comerio..........  PR
412............................        72047  Corozal..........  PR
412............................        72049  Culebra..........  PR
412............................        72051  Dorado...........  PR
412............................        72053  Fajardo..........  PR
412............................        72054  Florida..........  PR
412............................        72055  Guanica..........  PR
412............................        72057  Guayama..........  PR
412............................        72059  Guayanilla.......  PR
412............................        72061  Guaynabo.........  PR
412............................        72063  Gurabo...........  PR
412............................        72065  Hatillo..........  PR
412............................        72067  Hormigueros......  PR
412............................        72069  Humacao..........  PR
412............................        72071  Isabela..........  PR
412............................        72073  Jayuya...........  PR
412............................        72075  Juana Diaz.......  PR
412............................        72077  Juncos...........  PR
412............................        72079  Lajas............  PR
412............................        72081  Lares............  PR
412............................        72083  Las Marias.......  PR
412............................        72085  Las Piedras......  PR
412............................        72087  Loiza............  PR
412............................        72089  Luquillo.........  PR
412............................        72091  Manati...........  PR
412............................        72093  Maricao..........  PR
412............................        72095  Maunabo..........  PR
412............................        72097  Mayaguez.........  PR
412............................        72099  Moca.............  PR
412............................        72101  Morovis..........  PR
412............................        72103  Naguabo..........  PR
412............................        72105  Naranjito........  PR
412............................        72107  Orocovis.........  PR
412............................        72109  Patillas.........  PR
412............................        72111  Penuelas.........  PR
412............................        72113  Ponce............  PR
412............................        72115  Quebradillas.....  PR
412............................        72117  Rincon...........  PR
412............................        72119  Rio Grande.......  PR
412............................        72121  Sabana Grande....  PR

[[Page 22881]]

 
412............................        72123  Salinas..........  PR
412............................        72125  San German.......  PR
412............................        72127  San Juan.........  PR
412............................        72129  San Lorenzo......  PR
412............................        72131  San Sebastian....  PR
412............................        72133  Santa Isabel.....  PR
412............................        72135  Toa Alta.........  PR
412............................        72137  Toa Baja.........  PR
412............................        72139  Trujillo Alto....  PR
412............................        72141  Utuado...........  PR
412............................        72143  Vega Alta........  PR
412............................        72145  Vega Baja........  PR
412............................        72147  Vieques..........  PR
412............................        72149  Villalba.........  PR
412............................        72151  Yabucoa..........  PR
412............................        72153  Yauco............  PR
413............................        66010  Guam.............  GU.
413............................        69085  Northern Islands.  MP
413............................        69100  Rota.............  MP
413............................        69110  Saipan...........  MP
413............................        69120  Tinian...........  MP
414............................        78010  St. Croix........  VI
414............................        78020  St. John.........  VI
414............................        78030  St. Thomas.......  VI
415............................        60010  Eastern District.  AS
415............................        60020  Manu'a District..  AS
415............................        60030  Rose Island......  AS
415............................        60040  Swains Island....  AS
415............................        60050  Western District.  AS
416............................        99023  Gulf of Mexico     GM
                                               Central and East.
416............................        99001  Gulf of Mexico     GM
                                               West.
------------------------------------------------------------------------


0
18. Amend Sec.  27.11 by adding paragraph (l) to read as follows:


Sec.  27.11   Initial authorization.

* * * * *
    (l) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz 
Service will be based on Partial Economic Areas (PEAs), as specified in 
Sec.  27.6(m), and the frequency sub-blocks specified in Sec.  27.5(m).

0
19. Amend Sec.  27.13 by adding paragraph (m) to read as follows:


Sec.  27.13   License period.

* * * * *
    (m) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz 
Service in the 3700-3980 MHz band will have a term not to exceed 15 
years from the date of issuance or renewal.

0
20. Amend Sec.  27.14 by revising the first sentence of paragraphs (a) 
and (k) and adding paragraph (v) 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, 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, Block D in the 2345-2350 MHz band, 
and in the 3700-3980 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 
(v) 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. * * *
* * * * *
    (v) The following provisions apply to any licensee holding an 
authorization in the 3700-3980 MHz band:
    (1) Licensees relying on mobile or point-to-multipoint service 
shall provide reliable signal coverage and offer service within eight 
(8) 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''). 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 (``Second Buildout Requirement''). 
Licensees relying on point-to-point service shall demonstrate within 
eight years of the license issue date that they have four links 
operating and providing service to customers or for internal use if the 
population within the license area is equal to or less than 268,000 
and, if the population is greater than 268,000, that they have at least 
one link in operation and providing service to customers, or for 
internal use, per every 67,000 persons within a license area (``First 
Buildout Requirement''). Licensees relying on point-to-point service 
shall demonstrate within 12 years of the license issue date that they 
have eight links operating and providing service to customers or for 
internal use if the population within the license area is equal to or 
less than 268,000 and, if the population within the license area is 
greater than 268,000, shall demonstrate they are providing service and 
have at least two links in operation per every 67,000 persons within a 
license area (``Second Buildout Requirement'').
    (2) In the alternative, a licensee offering Internet of Things-type 
services shall provide geographic area coverage within eight (8) years 
from the date of the initial license to thirty-five (35) percent of the 
license (``First Buildout Requirement''). A licensee offering Internet 
of Things-type services shall provide geographic area coverage within 
twelve (12) years from the date of the initial license to sixty-five 
(65) percent of the license (``Second Buildout Requirement'').
    (3) If a licensee fails to establish that it meets the First 
Buildout Requirement for a particular license area, the licensee's 
Second Buildout Requirement deadline and license term will be reduced 
by two years. If a licensee fails to establish that it meets the Second 
Buildout Requirement for a particular license area, its authorization 
for each license area in which it fails to meet the Second Buildout 
Requirement shall terminate automatically without Commission action, 
and the licensee will be ineligible to regain it if the Commission 
makes the license available at a later date.
    (4) 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 or geographic area served on areas no larger than the Census 
Tract level. The population or area 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 or geographic area within 
the Census Tract (or other acceptable identifier) towards meeting the 
performance requirement of a single, individual license. If a licensee 
does not provide reliable signal coverage to an entire license area, 
the license must provide a map that accurately depicts the boundaries 
of the area or areas within each license area not being served. Each

[[Page 22882]]

licensee also must file supporting documentation certifying 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. 
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.

0
21. Amend Sec.  27.50 by adding paragraph (j) to read as follows:


Sec.  27.50   Power limits and duty cycle.

* * * * *
    (j) The following power requirements apply to stations transmitting 
in the 3700-3980 MHz band:
    (1) The power of each fixed or base station transmitting in the 
3700-3980 MHz band and located in any county with population density of 
100 or fewer persons per square mile, based upon the most recently 
available population statistics from the Bureau of the Census, is 
limited to an equivalent isotropically radiated power (EIRP) of 3280 
Watts/MHz. This limit applies to the aggregate power of all antenna 
elements in any given sector of a base station.
    (2) The power of each fixed or base station transmitting in the 
3700-3980 MHz band and situated in any geographic location other than 
that described in paragraph (j)(1) of this section is limited to an 
EIRP of 1640 Watts/MHz. This limit applies to the aggregate power of 
all antenna elements in any given sector of a base station.
    (3) Mobile and portable stations are limited to 1 Watt EIRP. Mobile 
and portable stations operating in these bands must employ a means for 
limiting power to the minimum necessary for successful communications.
    (4) Equipment employed must be authorized in accordance with the 
provisions of Sec.  27.51. Power measurements for transmissions by 
stations authorized under this section may be made either in accordance 
with a Commission-approved average power technique or in compliance 
with paragraph (j)(5) of this section. In measuring transmissions in 
this band using an average power technique, the peak-to-average ratio 
(PAR) of the transmission may not exceed 13 dB.
    (5) Peak transmit power must be measured over any interval of 
continuous transmission using instrumentation calibrated in terms of an 
rms-equivalent voltage. The measurement results shall be properly 
adjusted for any instrument limitations, such as detector response 
times, limited resolution bandwidth capability when compared to the 
emission bandwidth, sensitivity, and any other relevant factors, so as 
to obtain a true peak measurement for the emission in question over the 
full bandwidth of the channel.

0
22. Amend Sec.  27.53 by adding paragraph (l) to read as follows:


Sec.  27.53   Emission limits.

* * * * *
    (l) 3.7 GHz Service. The following emission limits apply to 
stations transmitting in the 3700-3980 MHz band:
    (1) For base station operations in the 3700-3980 MHz band, the 
conducted power of any emission outside the licensee's authorized 
bandwidth shall not exceed -13 dBm/MHz. Compliance with this paragraph 
(l)(1) is based on the use of measurement instrumentation employing a 
resolution bandwidth of 1 megahertz or greater. However, in the 1 
megahertz bands immediately outside and adjacent to the licensee's 
frequency block, a resolution bandwidth of at least one percent of the 
emission bandwidth of the fundamental emission of the transmitter may 
be employed. The emission bandwidth is defined as the width of the 
signal between two points, one below the carrier center frequency and 
one above the carrier center frequency, outside of which all emissions 
are attenuated at least 26 dB below the transmitter power.
    (2) For mobile operations in the 3700-3980 MHz band, the conducted 
power of any emission outside the licensee's authorized bandwidth shall 
not exceed -13 dBm/MHz. Compliance with this paragraph (l)(2) is based 
on the use of measurement instrumentation employing a resolution 
bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands 
immediately outside and adjacent to the licensee's frequency block, the 
minimum resolution bandwidth for the measurement shall be either one 
percent of the emission bandwidth of the fundamental emission of the 
transmitter or 350 kHz. In the bands between 1 and 5 MHz removed from 
the licensee's frequency block, the minimum resolution bandwidth for 
the measurement shall be 500 kHz. The emission bandwidth is defined as 
the width of the signal between two points, one below the carrier 
center frequency and one above the carrier center frequency, outside of 
which all emissions are attenuated at least 26 dB below the transmitter 
power.
* * * * *

0
23. Amend Sec.  27.55 by adding paragraph (d) to read as follows:


Sec.  27.55   Power strength limits.

* * * * *
    (d) Power flux density for stations operating in the 3700-3980 MHz 
band. For base and fixed stations operation in the 3700-3980 MHz band 
in accordance with the provisions of Sec.  27.50(j), the power flux 
density (PFD) at any location on the geographical border of a 
licensee's service area shall not exceed -76 dBm/m\2\/MHz. This power 
flux density will be measured at 1.5 meters above ground. Licensees in 
adjacent geographic areas may voluntarily agree to operate under a 
higher PFD at their common boundary.

0
24. Amend Sec.  27.57 by revising paragraph (c) to read as follows:


Sec.  27.57   International coordination.

* * * * *
    (c) Operation in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 
1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 
MHz, 2180-2200 MHz, and 3700-3980 MHz bands is subject to international 
agreements with Mexico and Canada.

0
25. Amend Sec.  27.75 by adding paragraph (a)(3) to read as follows:


Sec.  27.75   Basic interoperability requirement.

    (a) * * *
    (3) Mobile and portable stations that operate on any portion of 
frequencies in the 3700-3980 MHz band must be capable of operating on 
all frequencies in the 3700-3980 MHz band using the same air interfaces 
that the equipment utilizes on any frequencies in the 3700-3980 MHz 
band.
* * * * *

0
26. Add subpart O to read as follows:

Subpart O--3.7 GHz Service (3700-3980 MHz)

Sec.
27.1401 Licenses in the 3.7 GHz Service are subject to competitive 
bidding.
27.1402 Designated entities in the 3.7 GHz Service.
27.1411 Transition of the 3700-3980 MHz band to the 3.7 GHz Service.
27.1412 Transition Plan.
27.1413 Relocation Coordinator.
27.1414 Relocation Payment Clearinghouse.
27.1415 Documentation of expenses.
27.1416 Reimbursable costs.
27.1417 Reimbursement fund.
27.1418 Payment obligations.
27.1419 Lump sum payment for earth station opt out.
27.1420 Cost-sharing formula.
27.1421 Disputes over costs and cost-sharing.
27.1422 Accelerated relocation payments.
27.1423 Protection of incumbent operations.
27.1424 Agreements between 3.7 GHz Service licensees and C-Band 
earth station operators.

[[Page 22883]]

Sec.  27.1401   Licenses in the 3.7 GHz Service are subject to 
competitive bidding.

    Mutually exclusive initial applications for licenses in the 3.7 GHz 
Service are subject to competitive bidding. The general competitive 
bidding procedures set forth in 47 CFR part 1, subpart Q, will apply 
unless otherwise provided in this subpart.


Sec.  27.1402   Designated entities in the 3.7 GHz Service.

    (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 such small 
businesses as provided in Sec.  1.2110(c)(6) of this chapter, may use a 
bidding credit of 15 percent, subject to the cap specified in Sec.  
1.2110(f)(2)(ii) of this chapter. A winning bidder that qualifies as a 
very small business, as defined in this section, or a consortium of 
such very small businesses as provided in Sec.  1.2110(c)(6) of this 
chapter, may use a bidding credit of 25 percent, subject to the cap 
specified in Sec.  1.2110(f)(2)(ii) 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.  27.1411   Transition of the 3700-3980 MHz band to the 3.7 GHz 
Service.

    (a) Transition of the 3700-3798 MHz Band. The 3700-3980 MHz band is 
being transitioned in the lower 48 contiguous states and the District 
of Columbia from geostationary satellite orbit (GSO) fixed-satellite 
service (space-to-Earth) and fixed service operations to the 3.7 GHz 
Service.
    (b) Definitions--(1) Incumbent space station operator. An incumbent 
space station operator is defined as a space station operator 
authorized to provide C-band service to any part of the contiguous 
United States pursuant to an FCC-issued license or grant of market 
access as of June 21, 2018.
    (2) Eligible space station operator. For purposes of determining 
eligibility to receive reimbursement for relocation costs incurred as a 
result of the transition of FSS operations to the 4000-4200 MHz band, 
an eligible space station operators may receive reimbursement for 
relocation costs incurred as a result of the transition of FSS 
operations to the 4000-4200 MHz band. An eligible space station 
operator is defined as an incumbent space station operator that has 
demonstrated as of February 1, 2020, that it has an existing 
relationship to provide service via C-band satellite transmission to 
one or more incumbent earth stations in the contiguous United States. 
Such existing relationships may be directly with the incumbent earth 
station, or indirectly through content distributors or other entities, 
so long as the relationship requires the provision of C-band satellite 
services to one or more specific incumbent earth stations in the 
contiguous United States.
    (3) Incumbent earth station. An incumbent earth station for this 
subpart is defined as an earth station that is entitled to interference 
protection pursuant to Sec.  25.138(c) of this chapter. An incumbent 
earth station must transition above 4000 MHz pursuant to this subpart. 
An incumbent earth station will be able to continue receiving 
uninterrupted service both during and after the transition.
    (4) Earth station migration. Earth station migration includes any 
necessary changes that allow the uninterrupted reception of service by 
an incumbent earth station on new frequencies in the upper portion of 
the band, including, but not limited to retuning and repointing 
antennas, ``dual illumination'' during which the same programming is 
simultaneously downlinked over the original and new frequencies, and 
the installation of new equipment or software at earth station uplink 
and/or downlink locations for customers identified for technology 
upgrades necessary to facilitate the repack, such as compression 
technology or modulation.
    (5) Earth station filtering. A passband filter must be installed at 
the site of each incumbent earth station at the same time or after it 
has been migrated to new frequencies to block signals from adjacent 
channels and to prevent harmful interference from licensees in the 3.7 
GHz Service. Earth station filtering can occur either simultaneously 
with, or after, the earth station migration, or can occur at any point 
after the earth station migration so long as all affected earth 
stations in a given Partial Economic Area and surrounding areas are 
filtered prior to a licensee in the 3.7 GHz Service commencing 
operations.
    (6) Contiguous United States (CONUS). For the purposes of the rules 
established in this subpart, contiguous United States consists of the 
contiguous 48 states and the District of Columbia as defined by Partial 
Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-
411, which includes areas within 12 nautical miles of the U.S. Gulf 
coastline (see Sec.  27.6(m)). In this context, the rest of the United 
States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, 
Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, 
American Samoa, and the Gulf of Mexico PEAs.
    (7) Relocation Payment Clearinghouse. A Relocation Payment 
Clearinghouse is a neutral, independent third-party to administer the 
cost management for the transition of the 3700-4000 MHz band from the 
Fixed Satellite Service and Fixed Service to the 3.7 GHz Service.
    (8) Relocation Coordinator. A Relocation Coordinator is a third 
party that will ensure that all incumbent space station operators are 
relocating in a timely matter, and that is selected consistent with 
Sec.  27.1413. The Relocation Coordinator will have technical 
experience in understanding and working on earth stations and will 
manage the migration and filtering of incumbent earth stations of 
eligible space station operators that decline accelerated relocation 
payment.


Sec.  27.1412   Transition Plan.

    (a) Relocation deadlines. Eligible space station operators are 
responsible for all necessary actions to clear their transponders from 
the 3700-4000 MHz band (e.g., launching new satellites, reprogramming 
transponders, exchanging customers) and to migrate the existing 
services of incumbent earth stations in CONUS to the 4000-4200 MHz band 
(unless the incumbent earth station opts out of the formal relocation 
process, per paragraph (e) of this section), as of December 5, 2025. 
Eligible space station operators that fail to do so will be in 
violation of the conditions of their license authorization and 
potentially subject to forfeitures and other sanctions.
    (b) Accelerated relocation deadlines. An eligible space station 
operator shall qualify for accelerated relocation payments by 
completing an early transition of the band to the 3.7 GHz Service.
    (1) Phase I deadline. An eligible space station operator shall 
receive an accelerated relocation payment if it clears its transponders 
from the 3700-

[[Page 22884]]

3820 MHz band and migrates all associated incumbent earth stations in 
CONUS above 3820 MHz no later than December 5, 2021 (Phase I deadline). 
To satisfy the Phase I deadline, an eligible space station operator 
must also provide passband filters to block signals from the 3700-3820 
MHz band on all associated incumbent earth stations in PEAs 1-4, 6-10, 
12-19, 21-41, and 43-50 no later than December 5, 2021 (see Sec.  
27.6(m)). If an eligible space station operator receives an accelerated 
relocation payment for meeting this deadline, it must also satisfy the 
second early clearing deadline of December 5, 2023.
    (2) Phase II deadline. An eligible space station operator shall 
receive an accelerated relocation payment if it clears its transponders 
from the 3700-4000 MHz band and migrates incumbent earth stations in 
CONUS above 4000 MHz no later than December 5, 2023 (Phase II 
deadline). To satisfy the Phase II deadline, an eligible space station 
operator must also provide passband filters on all associated incumbent 
earth stations in CONUS no later than December 5, 2023.
    (3) Transition delays. An eligible space station operator shall not 
be held responsible for circumstances beyond their control related to 
earth station migration or filtering.
    (i) An eligible space station operator must submit a notice of any 
incumbent earth station transition delays to the Wireless 
Telecommunications Bureau within 7 days of discovering an inability to 
accomplish the assigned earth station transition task. Such a request 
must include supporting documentation to allow for resolution as soon 
as practicable and must be submitted before the accelerated relocation 
deadlines.
    (4) Responsibility for meeting accelerated relocation deadlines. An 
eligible space station operator's satisfaction of the accelerated 
relocation deadlines shall be determined on an individual basis.
    (c) Accelerated relocation election. An eligible space station 
operator may elect to receive accelerated relocation payments to 
transition the 3700-4000 MHz band to the 3.7 GHz Service according to 
the Phase I and Phase II deadlines via a written commitment by filing 
an accelerated relocation election in GN Docket No. 18-122 no later 
than May 29, 2020.
    (1) The Wireless Telecommunications Bureau will prescribe the 
precise form of such election via Public Notice no later than May 12, 
2020.
    (2) Each eligible space station operator that that makes an 
accelerated relocation election will be required, as part of its filing 
of this accelerated relocation election, to commit to paying the 
administrative costs of the Clearinghouse until the Commission awards 
licenses to the winning bidders in the auction, at which time those 
administrative costs will be repaid to those space station operators.
    (d) Transition Plan. Eligible space station operators must file 
with the Commission in GN Docket No. 18-122 no later than June 12, 
2020, a Transition Plan that describes the actions that must be taken 
to clear transponders on space stations and to migrate and filter earth 
stations. Eligible space station operators must make any necessary 
updates or resolve any deficiencies in their individual Transition 
Plans by August 14, 2020.
    (1) The Transition Plan must detail the eligible space station 
operator's individual timeline and necessary actions for clearing its 
transponders from the 3700-4000 MHz band, including:
    (i) All existing space stations with operations that will need to 
be transitioned to operations above 4000 MHz;
    (ii) The number of new satellites, if any, that the space station 
operator will need to launch in order to maintain sufficient capacity 
post-transition, including detailed descriptions of why such new 
satellites are necessary;
    (iii) The specific grooming plan for migrating existing services 
above 4000 MHz, including the pre- and post-transition frequencies that 
each customer will occupy;
    (iv) Any necessary technology upgrades or other solutions, such as 
video compression or modulation, that the space station operator 
intends to implement;
    (v) The number and location of incumbent earth stations antennas 
currently receiving the space station operator's transmissions that 
will need to be transitioned above 4000 MHz;
    (vi) An estimate of the number and location of incumbent earth 
station antennas that will require retuning and/or repointing in order 
to receive content on new transponder frequencies post-transition; and
    (vii) The specific timeline by which the space station operator 
will implement the actions described in its plan including any 
commitments to satisfy an early clearing.
    (2) To the extent that incumbent earth stations are not accounted 
for in eligible space station operators' Transition Plans, the 
Relocation Coordinator must prepare an Earth Station Transition Plan 
for such incumbent earth stations and may require each associated space 
station operator to file the information needed for such a plan with 
the Relocation Coordinator.
    (i) Where space station operators do not elect to clear by the 
accelerated relocation deadlines and therefore are not responsible for 
earth station relocation, the Earth Station Transition Plan must 
provide timelines that ensure all earth station relocation is completed 
no later than the relocation deadline.
    (ii) The Relocation Coordinator will describe and recommend the 
respective responsibility of each party for earth station migration and 
filtering obligations in the Earth Station Transition Plan and assist 
incumbent earth stations in transitioning including, for example, by 
installing filters or hiring a third party to install such filters to 
the extent necessary.
    (e) Incumbent earth station opt-out. An incumbent earth station 
within the contiguous United States may opt out of the formal 
relocation process and accept a lump sum payment equal to the estimated 
reasonable transition costs of earth station migration and filtering, 
as determined by the Wireless Telecommunications Bureau, in lieu of 
actual relocation costs. Such an incumbent earth station is responsible 
for coordinating with the relevant space station operator as necessary 
and performing all relocation actions on its own, including switching 
to alternative transmission mechanisms such as fiber, and it will not 
receive further reimbursement for any costs exceeding the lump sum 
payment. An incumbent earth station electing to opt out must inform the 
appropriate space station operator(s) and the Relocation Coordinator 
that earth station migration and filtering will not be necessary for 
the relevant earth station site and must coordinate with operators to 
avoid any disruption of video and radio programming.
    (f) Space station status reports. On a quarterly basis, beginning 
December 31, 2020: Each eligible space station operator must provide a 
status report of its clearing efforts. Eligible space station operators 
may file joint status reports.
    (g) Certification of accelerated relocation. Each eligible space 
station operator must file a timely certification that it has completed 
the necessary clearing actions to satisfy each accelerated relocation 
deadline. The certification must be filed once the eligible space 
station operator completes its obligations but no later than the 
applicable accelerated relocation deadline. The Wireless 
Telecommunication Bureau will prescribe the form of such certification.

[[Page 22885]]

    (1) The Bureau, Clearinghouse, and relevant stakeholders will have 
the opportunity to review the certification of accelerated relocation 
and identify potential deficiencies. The Wireless Telecommunications 
Bureau will prescribe the form of any challenges by relevant 
stakeholders as to the validity of the certification and will establish 
the process for how such challenges will impact the incremental 
decreases in the accelerated relocation payment as set- forth in Sec.  
27.1422(d).
    (2) If credible challenges as to the space station operator's 
satisfaction of the relevant deadline are made, the Bureau will issue a 
public notice identifying such challenges and will render a final 
decision as to the validity of the certification no later than 60 days 
from its filing. Absent notice from the Bureau of any such deficiencies 
within 30 days of the filing of the certification, the certification of 
accelerated relocation will be deemed validated.
    (h) Delegated authority. The Wireless Telecommunications Bureau is 
delegated the role of providing clarifications or interpretations to 
eligible space station operators of the Commission's orders for all 
aspects of the transition.


Sec.  27.1413   Relocation Coordinator.

    (a) Search committee. If eligible space station operators elect to 
receive accelerated relocation payments no later than May 29, 2020, so 
that a supermajority (80%) of accelerated relocation payments are 
accepted, each such electing eligible space station operator shall be 
eligible to appoint one member to a search committee that will seek 
proposals for a third-party with technical experience in understanding 
and working on earth stations to serve as a Relocation Coordinator and 
to manage the migration and filtering of incumbent earth stations of 
eligible space station operators that decline accelerated relocation 
payment.
    (1) The search committee should proceed by consensus; however, if a 
vote on selection of a Relocation Coordinator is required, it shall be 
by a supermajority (80%).
    (i) The search committee shall notify the Commission of its choice 
of Relocation Coordinator.
    (ii) The Wireless Telecommunications Bureau shall issue a Public 
Notice inviting comment on whether the entity selected satisfies the 
criteria established in paragraph (b) of this section and issue a final 
order announcing whether the criteria has been satisfied;
    (iii) Should the Wireless Telecommunications Bureau be unable to 
find the criteria have been satisfied, the selection process will start 
over and the search committee will submit a new proposed entity.
    (2) If eligible space station operators select a Relocation 
Coordinator, they shall be responsible for paying its costs.
    (3) In the event that the search committee fails to select a 
Relocation Coordinator and to notify the Commission by July 31, 2020, 
or in the case that at least 80% of accelerated relocation payments are 
not accepted (and thus accelerated relocation is not triggered):
    (i) The search committee will be dissolved without further action 
by the Commission.
    (ii) The Commission will initiate a procurement of a Relocation 
Coordinator to facilitate the transition. Specifically, the Office of 
the Managing Director will initiate the procurement, and the Wireless 
Telecommunications Bureau will take all other necessary actions to meet 
the accelerated relocation deadlines (to the extent applicable to any 
given operator) and the relocation deadline.
    (iii) In the case that the Wireless Telecommunications Bureau 
selects the Relocation Coordinator, overlay licensees will, 
collectively, pay for the services of the Relocation Coordinator and 
staff. The Relocation Coordinator shall submit its own reasonable costs 
to the Relocation Clearinghouse, who will then collect payments from 
overlay licensees. It shall also provide additional financial 
information as requested by the Bureau to satisfy the Commission's 
oversight responsibilities and/or agency specific/government-wide 
reporting obligations.
    (b) Relocation Coordinator criteria. The Relocation Coordinator 
must be able to demonstrate that it has the requisite expertise to 
perform the duties required, which will include:
    (1) Coordinating the schedule for clearing the band;
    (2) Performing engineering analysis, as necessary to determine 
necessary earth station migration actions;
    (3) Assigning obligations, as necessary, for earth station 
migrations and filtering;
    (4) Coordinating with overlay licensees throughout the transition 
process;
    (5) Assessing the completion of the transition in each PEA and 
determining overlay licensees' ability to commence operations; and
    (6) Mediating scheduling disputes.
    (c) Relocation Coordinator duties. The Relocation Coordinator 
shall:
    (1) Establish a timeline and take actions necessary to migrate and 
filter incumbent earth stations to ensure uninterrupted service during 
and following the transition.
    (2) Review the Transition Plans filed by all eligible space station 
operators and recommend any changes to those plans to the Commission to 
the extent needed to ensure a timely transition.
    (3) To the extent that incumbent earth stations are not accounted 
for in eligible space station operators' Transition Plans, the 
Relocation Coordinator must include those incumbent earth stations in 
an Earth Station Transition Plan.
    (i) May require each associated space station operator to file the 
information needed for such a plan with the Relocation Coordinator.
    (ii) Will describe and recommend the respective responsibility of 
each party for earth station migration obligations in the Earth Station 
Transition Plan and assist incumbent earth stations in transitioning 
including, for example, by installing filters or hiring a third party 
to install such filters to the extent necessary.
    (4) Coordinate its operations with overlay licensees.
    (5) Be responsible for receiving notice from earth station 
operators or other satellite customers of any disputes related to 
comparability of facilities, workmanship, or preservation of service 
during the transition and shall subsequently notify the Wireless 
Telecommunications Bureau of the dispute and provide recommendations 
for resolution.
    (6) Must make real time disclosures of the content and timing of 
and the parties to communications, if any, from or to applicants to 
participate in the competitive bidding, as defined by Sec.  
1.2105(c)(5)(i) of this chapter whenever the prohibition in Sec.  
1.2105(c) of this chapter applies to competitive bidding for licenses 
in the 3.7 GHz Service.
    (7) Incumbent space station operators must cooperate in good faith 
with the Relocation Coordinator throughout the transition.
    (d) Status reports. On a quarterly basis, beginning December 31, 
2020, the Relocation Coordinator must provide a report on the overall 
status of clearing efforts.
    (e) Document requests. The Wireless Telecommunications Bureau, in 
consultation with the Office of Managing Director, may request any 
documentation from the Relocation Coordinator necessary to provide 
guidance or carry out oversight.


Sec.  27.1414  Relocation Payment Clearinghouse.

    A Relocation Payment Clearinghouse shall be selected and serve to 
administer

[[Page 22886]]

the cost-related aspects of the transition in a fair, transparent 
manner, pursuant to Commission rules and oversight, to mitigate 
financial disputes among stakeholders, and to collect and distribute 
payments in a timely manner for the transition of the 3700-4000 MHz 
band to the 3.7 GHz Service.
    (a) Selection process. (1) A search committee will select the 
Relocation Payment Clearinghouse. The search committee shall consist of 
member appointed by each of following nine entities: ACA Connects, 
Intelsat, SES, Eutelsat S.A., National Association Broadcasters, 
National Cable Television Association, CTIA, Competitive Carriers 
Association, and WISPA.
    (2) The search committee shall convene no later than June 22, 2020 
and shall notify the Commission of the detailed selection criteria for 
the position of Relocation Payment Clearinghouse no later than June 1, 
2020. Such criteria must be consistent with the qualifications, roles, 
and duties of the Relocation Payment Clearinghouse specified in this 
subpart. The Wireless Telecommunications Bureau (Bureau) is directed, 
on delegated authority, to issue a Public Notice notifying the public 
that the search committee has published criteria, outlining submission 
requirements, and providing the closing dates for the selection of the 
Relocation Payment Clearinghouse and source (i.e., web page).
    (3) The search committee should proceed by consensus; however, if a 
vote on selection of a Relocation Payment Clearinghouse is required, it 
shall be by a majority.
    (4) In the event that the search committee fails to select a 
Relocation Payment Clearinghouse and to notify the Commission by July 
31, 2020, the search committee will be dissolved without further action 
by the Commission. In the event that the search committee fails to 
select a Clearinghouse and to notify the Commission by July 31, 2020, 
two of the nine members of the search committee will be dropped 
therefrom by lot, and the remaining seven members of the search 
committee shall select a Clearinghouse by majority vote by August 14, 
2020.
    (5) During the course of the Relocation Payment Clearinghouse's 
tenure, the Commission will take such measures as are necessary to 
ensure timely compliance, including, should it become necessary, 
issuing subsequent public notices to select new Relocation Payment 
Clearinghouses(s).
    (b) Selection criteria. (1) The Relocation Payment Clearinghouse 
must be a neutral, independent entity with no conflicts of interest 
(organizational or personal) on the part of the organization or its 
officers, directors, employees, contractors, or significant 
subcontractors.
    (i) Organizational conflicts of interest means that because of 
other activities or relationships with other entities, the Relocation 
Payment Clearinghouse, its contractors, or significant subcontractors 
are unable or potentially unable to render impartial services, 
assistance or advice; the Relocation Payment Clearinghouse's 
objectivity in performing its function is or might be otherwise 
impaired; or the Relocation Payment Clearinghouse might gain an unfair 
competitive advantage.
    (ii) Personal conflict of interest means a situation in which an 
employee, officer, or director of the Relocation Payment Clearinghouse, 
the Relocation Payment Clearinghouse's contractors or significant 
subcontractors has a financial interest, personal activity, or 
relationship that could impair that person's ability to act impartially 
and in the best interest of the transition when performing their 
assigned role, or is engaged in self-dealing.
    (2) The Relocation Payment Clearinghouse must be able to 
demonstrate that it has the requisite expertise to perform the duties 
required, which will include collecting and distributing relocation and 
accelerated relocation payments, auditing incoming and outgoing 
estimates, mitigating cost disputes among parties, and generally acting 
as clearinghouse.
    (3) The search committee should ensure that the Relocation Payment 
Clearinghouse meets relevant best practices and standards in its 
operation to ensure an effective and efficient transition. First, the 
Relocation Payment Clearinghouse should be required, in administering 
the transition, to:
    (i) Engage in strategic planning and adopt goals and metrics to 
evaluate its performance;
    (ii) Adopt internal controls for its operations;
    (iii) Utilize enterprise risk management practices; and
    (iv) Use best practices to protect against improper payments and to 
prevent fraud, waste and abuse in its handling of funds. The Relocation 
Payment Clearinghouse must be required to create written procedures for 
its operations, using the Government Accountability Office's Green Book 
to serve as a guide in satisfying such requirements.
    (4) The search committee must also ensure that the Relocation 
Payment Clearinghouse adopts robust privacy and data security best 
practices in its operations, given that it will receive and process 
information critical to ensuring a successful and expeditious 
transition.
    (i) When the prohibition in Sec.  1.2105(c) of this chapter applies 
to competitive bidding for licenses in the 3.7 GHz service, the 
Relocation Payment Clearinghouse must make real time disclosures of the 
content and timing of and the parties to communications, if any, from 
or to applicants to participate in the competitive bidding, as defined 
by Sec.  1.2105(c)(5)(i) of this chapter.
    (ii) The Relocation Payment Clearinghouse should also comply with, 
on an ongoing basis, all applicable laws and Federal Government 
guidance on privacy and information security requirements such as 
relevant provisions in the Federal Information Security Management Act, 
National Institute of Standards and Technology publications, and Office 
of Management and Budget guidance.
    (iii) The Relocation Payment Clearinghouse must hire a third-party 
firm to independently audit and verify, on an annual basis, the 
Relocation Payment Clearinghouse's compliance with privacy and 
information security requirements and to provide recommendations based 
on any audit findings; to correct any negative audit findings and adopt 
any additional practices suggested by the auditor; and to report the 
results to the Bureau.
    (c) Reports and information. (1) The Relocation Payment 
Clearinghouse must provide quarterly reports that detail the status of 
reimbursement funds available for clearing obligations, the relocation 
and accelerated relocation payments issued, the amounts collected from 
overlay licensees, and any certifications filed by incumbents. The 
reports must account for all funds spent to transition the 3.7 GHz 
Service Band, including the Relocation Payment Clearinghouse's own 
expenses, e.g., salaries and fees paid to law firms, accounting firms, 
and other consultants. The report shall include descriptions of any 
disputes and the manner in which they were resolved.
    (2) The Relocation Payment Clearinghouse shall provide to the 
Office of the Managing Director and the Wireless Telecommunications 
Bureau, by March 1 of each year, an audited statement of funds expended 
to date, including salaries and expenses of the Clearinghouse.
    (3) The Relocation Clearing House shall provide to the Wireless 
Telecommunications Bureau additional information upon request.

[[Page 22887]]

Sec.  27.1415  Documentation of expenses.

    Parties seeking reimbursement of compensable relocation costs must 
document their actual expenses and the Relocation Payment 
Clearinghouse, or a third-party on behalf of the Relocation Payment 
Clearinghouse, may conduct audits of entities that receive 
reimbursements. Entities receiving reimbursements must make available 
all relevant documentation upon request from the Relocation Payment 
Clearinghouse or its contractor.


Sec.  27.1416  Reimbursable costs.

    (a) Determining reimbursable costs. The Relocation Payment 
Clearinghouse shall review reimbursement requests to determine whether 
they are reasonable and to ensure they comply with the requirements 
adopted in this sub-part. The Relocation Payment Clearinghouse shall 
give parties the opportunity to supplement any reimbursement claims 
that the Relocation Payment Clearinghouse deems deficient. 
Reimbursement submissions that fall within the estimated range of costs 
in the cost category schedule issued by the Wireless Telecommunications 
Bureau shall be presumed reasonable. If the Relocation Payment 
Clearinghouse determines that the amount sought for reimbursement is 
unreasonable, it shall notify the party of the amount it deems eligible 
for reimbursement. The Wireless Telecommunications Bureau shall make 
further determinations related to reimbursable costs, as necessary, 
throughout the transition process.
    (b) Payment procedures. Following a determination of the 
reimbursable amount, the Relocation Payment Clearinghouse shall 
incorporate approved claims into invoices, which it shall issue to each 
licensee indicating the amount to be paid. The Relocation Payment 
Clearinghouse shall pay approved claims within 30 days of invoice 
submission. The Relocation Payment Clearinghouse shall also include its 
own reasonable costs in the invoices.


Sec.  27.1417   Reimbursement fund.

    The Relocation Payment Clearinghouse will establish and administer 
an account that will fund the costs for the transition of this band to 
the 3.7 GHz Service after an auction for the 3.7 GHz Service concludes. 
Licensees in the 3.7 GHz Service shall pay their pro rata share of six 
months' worth of estimated transition costs into a reimbursement fund, 
administered by the Relocation Payment Clearinghouse, shortly after the 
auction and then every six months until the transition is complete. The 
Relocation Payment Clearinghouse shall draw from the reimbursement fund 
to pay approved, invoiced claims, consistent with Sec.  27.1418. If the 
reimbursement fund does not have sufficient funds to pay approved 
claims before a six-month replenishment, the Relocation Payment 
Clearinghouse shall provide 3.7 GHz Service licensees with 30 days' 
notice of the additional pro rata shares they must contribute. At the 
end of the transition, the Relocation Payment Clearinghouse shall 
refund any unused amounts to 3.7 GHz Service licensees according to 
their pro rata shares.


Sec.  27.1418  Payment obligations.

    (a) Each eligible space station operator is responsible for the 
payment of its own satellite transition costs until the auction winners 
have been announced.
    (b) Licensees in the 3.7 GHz Service shall pay their pro rata share 
of:
    (1) The reasonable costs of the Relocation Payment Clearinghouse 
and, in the event the Wireless Telecommunications Bureau selects the 
Relocation Coordinator, the services of the Relocation Coordinator and 
its staff;
    (2) The actual relocation costs, provided that they are not 
unreasonable, for eligible space station operators and incumbent fixed 
service licensees; the actual transition costs, provided they are not 
unreasonable, associated with the necessary migration and filtering of 
incumbent earth stations;
    (3) Any lump sum payments, if elected by incumbent earth station 
operators in lieu of actual relocation costs; and
    (4) Specified accelerated relocation payments for space station 
operators that clear on an accelerated timeframe. Licensees in the 3.7 
GHz Service shall be responsible for the full costs of space station 
transition, the Relocation Payment Clearinghouse, and, if selected and 
established by the Wireless Telecommunications Bureau, the Relocation 
Coordinator, based on their pro rata share of the total auction bids of 
each licensee's gross winning bids in the auction overall; they shall 
be responsible for incumbent earth station and incumbent fixed service 
transition costs in a Partial Economic Area based on their pro rata 
share of the total gross bids for that Partial Economic Area.
    (c) Following the auction, and every six months until the close of 
the transition, licensees in the 3.7 GHz Service shall submit their 
portion of estimated transition costs to a reimbursement fund, and the 
Relocation Payment Clearinghouse will reimburse parties incurring 
transition costs. If actual costs exceed estimated costs, the 
Relocation Payment Clearinghouse shall perform a true-up for additional 
funds from 3.7 GHz Service licensees.
    (d) If 3.7 GHz band license is relinquished to the Commission prior 
to all relocation cost reimbursements and accelerated relocation 
payments being paid, the remaining payments will be distributed among 
other similarly situated 3.7 GHz band licensees. If a new license is 
issued for the previously relinquished rights prior to final payments 
becoming due, the new 3.7 GHz band licensee will be responsible for the 
same pro rata share of relocation costs and accelerated relocation 
payments as the initial 3.7 GHz band license. If a 3.7 GHz band 
licensee sells its rights on the secondary market, the new 3.7 GHz band 
licensee will be obligated to fulfill all payment obligations 
associated with the license.


Sec.  27.1419   Lump sum payment for earth station opt out.

    The Wireless Telecommunications Bureau shall announce a lump sum 
that will be available per each incumbent earth station that elects to 
opt out from the formal relocation process, per Sec.  27.1412(e), as 
well as the process for electing lump sum payments. Incumbent earth 
station owners must make the lump sum payment election no later than 30 
days after the Bureau announces the lump sum payment amounts, and must 
indicate whether each incumbent earth station for which it elects the 
lump sum payment will be transitioned to the upper 200 megahertz in 
order to maintain C-band services or will discontinue C-band services.


Sec.  27.1420   Cost-sharing formula.

    (a) For space station transition and Relocation Payment 
Clearinghouse costs, and in the event the Wireless Telecommunications 
Bureau selects a Relocation Coordinator pursuant to Sec.  27.1413(a), 
Relocation Coordinator costs, the pro rata share of each flexible-use 
licensee will be the sum of the final clock phase prices (P) for the 
set of all license blocks that a bidder wins divided by the total final 
clock phase prices for all N license blocks sold in the auction. To 
determine a licensee's reimbursement obligation (RO), that pro rata 
share would then be multiplied by the total eligible reimbursement 
costs (RC). Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.008

    (b) For incumbent earth stations and fixed service incumbent 
licensee transition costs, a flexible-use licensee's

[[Page 22888]]

pro rata share will be determined on a PEA-specific basis, based on the 
final clock phase prices for the license blocks it won in each PEA. To 
calculate the pro rata share for incumbent earth station transition 
costs in a given PEA, the same formula identified in Sec.  27.1412(a) 
will be used, except I is the set of licenses a bidder won in the PEA, 
N is the total blocks sold in the PEA and RC is the PEA-specific earth 
station and fixed service relocation costs.
    (c) For the Phase I accelerated relocation payments, the pro rata 
share of each flexible use licensee of the 3.7 to 3.8 MHz in the 46 
PEAs that are cleared by December 5, 2021, will be the sum of the final 
clock phase prices (P) that the licensee won divided by the total final 
clock phase prices for all M license blocks sold in those 46 PEAs. To 
determine a licensee's RO the pro rata share would then be multiplied 
by the total accelerated relocation payment due for Phase I, A1. 
Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.009

    (d) For Phase II accelerated relocation payments, the pro rata 
share of each flexible use licensee will be the sum of the final clock 
phase prices (P) that the licensee won in the entire auction, divided 
by the total final clock phase prices for all N license blocks sold in 
the auction. To determine a licensee's RO the pro rata share would then 
be multiplied by the total accelerated relocation payment due for Phase 
II, A2. Mathematically, this is represented as:
[GRAPHIC] [TIFF OMITTED] TR23AP20.010

Sec.  27.1421   Disputes over costs and cost-sharing.

    (a) Parties disputing a cost estimate, cost invoice, or payment or 
cost-sharing obligation must file an objection with the Relocation 
Payment Clearinghouse.
    (b) The Relocation Payment Clearinghouse may mediate any disputes 
regarding cost estimates or payments that may arise in the course of 
band reconfiguration; or refer the disputant parties to alternative 
dispute resolution fora.
    (1) Any dispute submitted to the Relocation Payment Clearinghouse, 
or other mediator, shall be decided within 30 days after the Relocation 
Payment Clearinghouse has received a submission by one party and a 
response from the other party.
    (2) Thereafter, any party may seek expedited non-binding 
arbitration, which must be completed within 30 days of the recommended 
decision or advice of the Relocation Payment Clearinghouse or other 
mediator.
    (3) The parties will share the cost of this arbitration if it is 
before the Relocation Payment Clearinghouse.
    (c) Should any issues still remain unresolved, they may be referred 
to the Bureau within ten days of recommended decision or advice of the 
Relocation Payment Clearinghouse or other mediator and any decision of 
the Relocation Payment Clearinghouse can be appealed to the Chief of 
the Bureau.
    (1) When referring an unresolved matter, the Relocation Payment 
Clearinghouse shall forward the entire record on any disputed issues, 
including such dispositions thereof that the Relocation Payment 
Clearinghouse has considered.
    (2) Upon receipt of such record and advice, the Bureau will decide 
the disputed issues based on the record submitted. The Bureau is 
directed to resolve such disputed issues or designate them for an 
evidentiary hearing before an Administrative Law Judge. If the Bureau 
decides an issue, any party to the dispute wishing to appeal the 
decision may do so by filing with the Commission, within ten days of 
the effective date of the initial decision, a Petition for de novo 
review; whereupon the matter will be set for an evidentiary hearing 
before an Administrative Law Judge.
    (3) Parties seeking de novo review of a decision by the Bureau are 
advised that, in the course of the evidentiary hearing, the Commission 
may require complete documentation relevant to any disputed matters; 
and, where necessary, and at the presiding judge's discretion, require 
expert engineering, economic or other reports or testimony. Parties may 
therefore wish to consider possibly less burdensome and expensive 
resolution of their disputes through means of alternative dispute 
resolution.


Sec.  27.1422   Accelerated relocation payment.

    (a) Eligible space station operators that meet the applicable 
early-clearing benchmark(s), as confirmed in their Certification of 
Accelerated Relocation set-forth in Sec.  27.1412(g), will be eligible 
for their respective accelerated relocation payment.
    (b) The Relocation Payment Clearinghouse will distribute the 
accelerated relocation payments accordingly:

                       Table 1 to Paragraph (b)--Acclerated Relocation Payment by Operator
----------------------------------------------------------------------------------------------------------------
                                                              Payment        Phase I payment    Phase II payment
----------------------------------------------------------------------------------------------------------------
Intelsat...............................................     $4,865,366,000     $1,197,842,000     $3,667,524,000
SES....................................................      3,968,133,000        976,945,000      2,991,188,000
Eutelsat...............................................        506,978,000        124,817,000        382,161,000
Telesat................................................        344,400,000         84,790,000        259,610,000
Star One...............................................         15,124,000          3,723,000         11,401,000
                                                        --------------------------------------------------------
    Totals.............................................      9,700,001,000      2,388,117,000      7,311,884,000
----------------------------------------------------------------------------------------------------------------

    (c) The Relocation Payment Clearinghouse shall promptly notify 3.7 
GHz Service licensees following validation of the certification of 
accelerated relocations as set-forth in Section 27.1412(g). 3.7 GHz 
Service licensees shall pay the accelerated relocation payments to the 
Clearinghouse within 60 days of the notice that eligible space station 
operators have met their respective accelerated clearing benchmark. The 
Clearinghouse shall disburse accelerated relocation payments to 
relevant space station operators within seven days of receiving the 
payment from overlay licensees.
    (d) For eligible space station operators that fail to meet either 
the Phase I or Phase II benchmarks as of the relevant accelerated 
relocation deadline, the accelerated relocation payment will be reduced 
according to the following schedule of declining accelerated relocation 
payments for the six months following the relevant deadline:

[[Page 22889]]



                        Table 2 to Paragraph (d)
------------------------------------------------------------------------
                                                            Accelerated
                                            Incremental     relocation
           Date of completion                reduction        payment
                                             (percent)       (percent)
------------------------------------------------------------------------
By Deadline.............................  ..............             100
1-30 Days Late..........................               5              95
31-60 Days Late.........................               5              90
61-90 Days Late.........................              10              80
91-120 Days Late........................              10              70
121-150 Days Late.......................              20              50
151-180 Days Late.......................              20              30
181+ Days Late..........................              30               0
------------------------------------------------------------------------

Sec.  27.1423   Protection of incumbent operations.

    (a) To protect incumbent earth stations from out-of-band emissions 
from fixed stations, base stations and mobiles, the power flux density 
(PFD) of any emissions within the 4000-4200 MHz band must not exceed -
124 dBW/m\2\/MHz as measured at the earth station antenna.
    (b) To protect incumbent earth stations from blocking, the power 
flux density (PFD) of any emissions within the 3700-3980 MHz band must 
not exceed -16 dBW/m\2\/MHz as measured at the earth station antenna.
    (c) All 3.7 GHz Service licensees, prior to initiating operations 
from any base or fixed station, must coordinate cochannel frequency 
usage with all incumbent Telemetry, Tracking, and Command (TT&C) earth 
stations within a 70 km radius. The licensee must ensure that the 
aggregated power from its operations meets an interference to noise 
ratio (I/N) of -6 dB to the TT&C earth station receiver. A base 
station's operation will be defined as cochannel when any of the 3.7 
GHz Service licensee's authorized frequencies are separated from the 
center frequency of the TT&C earth station by less than 150% of the 
maximum emission bandwidth in use by the TT&C earth station.
    (d) All 3.7 GHz Service licensees operating on an adjacent channel 
to an incumbent TT&C earth station must ensure that the aggregated 
power from its operations meets an interference to noise ratio (I/N) of 
-6 dB to the TT&C earth station receiver.
    (e) To protect incumbent TT&C earth stations from blocking, the 
power flux density (PFD) of any emissions within the 3700-3980 MHz band 
must not exceed -16 dBW/m\2\/MHz as measured at the TT&C earth station 
antenna.


Sec.  27.1424   Agreements between 3.7 GHz Service licensees and C-Band 
earth station operators.

    The PFD limits in Sec.  27.1423 may be modified by the private 
agreement of licensees of 3.7 GHz Service and entities operating earth 
stations in the 4000-4200 MHz band or TT&C operations in the 3700-3980 
MHz band. A licensee of the 3.7 GHz Service who is a party to such an 
agreement must maintain a copy of the agreement in its station files 
and disclose it, upon request, to prospective license assignees, 
transferees, or spectrum lessees, and to the Commission.

PART 101--FIXED MICROWAVE SERVICES

0
27. The authority citation for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, 303.


0
28. Amend Sec.  101.3 by adding a definition for ``Contiguous United 
States'' in alphabetical order to read as follows:


Sec.  101.3   Definitions.

* * * * *
    Contiguous United States. For the 3700-4200 MHz band, the 
contiguous United States consists of the contiguous 48 states and the 
District of Columbia as defined by Partial Economic Areas Nos. 1-41, 
43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas 
within 12 nautical miles of the U.S. Gulf coastline (see Sec.  27.6(m) 
of this chapter). In this context, the rest of the United States 
includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto 
Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American 
Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-
416).
* * * * *

0
29. Amend Sec.  101.101 by revising the table heading ``Other'' and the 
entry ``3700-4200'' and adding Note 2 to read as follows:


Sec.  101.101   Frequency availability.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Radio service
                                             -----------------------------------------------------------------------------------------------------------
            Frequency band (MHz)                                                           Broadcast
                                                Common carrier       Private radio      auxiliary (part    Other (parts 15, 21, 22, 24,       Notes
                                                  (part 101)          (part 101)              74)             25, 27, 74, 78 & 100)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
3700-4200...................................                   CC LTTS          OFS   ..................                       SAT, ET             (2).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
Notes
* * * * *
    (2) Frequencies in this band are shared with stations in the 
fixed satellite service outside the contiguous United States. 
Applications for new permanent or temporary facilities in these 
bands will not be accepted for locations in the contiguous United 
States. Licensees, as of April 19, 2018, of existing permanent and 
temporary point-to-point Fixed Service links in the contiguous 
United States have until

[[Page 22890]]

December 5, 2023, to self-relocate their point-to-point links out of 
the 3,700-4,200 MHz band. Such licensees may seek reimbursement of 
their reasonable costs based on the ``comparable facilities'' 
standard used for the transition of microwave links out of other 
bands, see Sec.  101.73(d) of this chapter (defining comparable 
facilities as facilities possessing certain characteristics in terms 
of throughput, reliability and operating costs) subject to the 
demonstration requirements and reimbursement administrative 
provisions administrative provisions in part 27, subpart O, of this 
chapter.


0
30. Amend Sec.  101.147 by revising Notes 8, 14, and 25 to paragraph 
(a) and the heading of paragraph (h) to read as follows:


Sec.  101.147   Frequency assignments.

    (a) * * *
Notes
* * * * *
    (8) This frequency band is shared with station(s) in the Local 
Television Transmission Service for locations outside the contiguous 
United States and applications for new permanent or temporary 
facilities in this band will not be accepted for locations in the 
contiguous United States. Existing licensees as of April 19, 2018, 
for permanent and temporary point-to-point Fixed Service links in 
the contiguous United States have until December 5, 2023, to self-
relocate their point-to-point links out of the 3,700-4,200 MHz band. 
This frequency band is also shared in the U.S. Possessions in the 
Caribbean area, with stations in the International Fixed Public 
Radiocommunications Services.
* * * * *
    (14) Frequencies in this band are shared with stations in the 
fixed satellite service. For 3,700-4,200 MHz, frequencies are only 
available for locations outside the contiguous United States and 
applications for new permanent or temporary facilities in this band 
will not be accepted for locations in the contiguous United States. 
Existing licensees as of April 19, 2018, of permanent and temporary 
point-to-point Fixed Service links in the contiguous United States 
have until December 5, 2023, to self-relocate their point-to-point 
links out of the 3,700-4,200 MHz.
* * * * *
    (25) Frequencies in these bands are available for assignment to 
television STL stations. For 3,700-4,200 MHz, frequencies are only 
available for locations outside the contiguous United States and 
applications for new permanent or temporary facilities in this band 
will not be accepted for locations in the contiguous United States. 
Existing licensees as of April 19, 2018, of permanent and temporary 
point-to-point Fixed Service links in the contiguous United States 
have until December 5, 2023, to self-relocate their point-to-point 
links out of the 3,700-4,200 MHz band.
* * * * *
    (h) 3,700 to 4,200 MHz outside the contiguous United States. * * *
* * * * *

0
31. Amend Sec.  101.803 by revising Note 1 to paragraph (d) to read as 
follows:


Sec.  101.803  Frequencies.

* * * * *
    (d) * * *
Notes
    (1) This frequency band is shared with stations in the Point to 
Point Microwave Radio Service and, in United States Possessions in 
the Caribbean area, with stations in the International Fixed 
Radiocommunications Services. For 3,700-4,200 MHz frequencies are 
only available for locations outside the contiguous United States 
and applications for new permanent or temporary facilities in this 
band will not be accepted for locations in the contiguous United 
States. In the contiguous United States, licensees of existing 
licenses, as of April 19, 2018, for permanent point-to-point Fixed 
Service links have until December 5, 2023, to self-relocate their 
point-to-point links out of the 3,700-4,200 MHz band.
* * * * *
[FR Doc. 2020-05164 Filed 4-22-20; 8:45 a.m.]
BILLING CODE 6712-01-P