[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Rules and Regulations]
[Pages 17920-17956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06546]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, and 27

[WT Docket No. 19-348; FCC 21-32; FRS 18035]


Facilitating Shared Use in the 3100-3550 MHz Band

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts changes to its rules 
to make 100 megahertz of mid-band spectrum in the 3.45-3.55 GHz band 
available for flexible use. It allocates the 3.45 GHz band to add a co-
primary non-Federal fixed and mobile (except aeronautical mobile) 
allocation and adopted technical, licensing, and competitive bidding 
rules for this service largely consistent with its rules for other 
flexible-use wireless spectrum bands. While the majority of incumbent 
Federal operations in this band will be relocated to alternate 
spectrum, some operations will continue and must be protected from 
harmful interference through a system of coordination in specific 
Cooperative Planning Areas and Periodic Use Areas, described in the 
Second Report and Order. In addition, the Commission requires non-
Federal radiolocation operations in the band to sunset operations 
within 180 days after the grant of new flexible-use licenses and 
provides for reimbursement of reasonable relocation costs. Further, the 
Commission requires amateur operators in the band to cease operations 
within 90 days of the public notice announcing the close of the 
auction, while allowing these amateur operations to continue in the 
3.3-3.45 GHz band pending future Commission action in that spectrum.

DATES: 
    Effective date: This rule is effective June 7, 2021.
    Compliance date: Compliance will not be required for Sec. Sec.  
2.106, 27.14, 27.1603, 27.1605, and 27.1607 of the Commission's rules 
until the Commission publishes a document in the Federal Register 
announcing that compliance date.
    Applicability of Order of Proposed Modification: The Order of 
Proposed Modification, discussed in section 4 of the SUPPLEMENTARY 
INFORMATION, is applicable as of the date of publication in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Joyce Jones, Wireless 
Telecommunications Bureau, Mobility Division, (202) 418-1327 or 
[email protected], or Ira Keltz, Office of Engineering and 
Technology, (202) 418-0616 or [email protected]. For information 
regarding the PRA information collection requirements, contact Cathy 
Williams, Office of Managing Director, at 202-418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, Order on Reconsideration, and Order of Proposed 
Modification in WT Docket No. 19-348, FCC 21-32, adopted on March 17, 
2021, and released on March 18, 2021. The full text of this document 
including all Appendices, is available for public inspection at the 
following internet address: https://docs.fcc.gov/public/attachments/FCC-21-32A1.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) or 202-418-0432 
(TTY).

Final Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980, as amended (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 the Second Report and 
Order on small entities. As required by the Regulatory Flexibility Act, 
an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in 
the Further Notice of Proposed Rulemaking (FNPRM) released in October 
2020 in this proceeding (85 FR 66888, October

[[Page 17921]]

21, 2020). The Commission sought written public comment on the 
proposals in the FNPRM, including comments on the IRFA. No comments 
were filed addressing the IRFA. This FRFA conforms to the RFA. The 
Commission will send a copy of the Second Report and Order, Order on 
Reconsideration, and Order of Proposed Modification, and Orders, 
including the FRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration.

Paperwork Reduction Act

    This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, it contains new or modified information collection 
burden for small business concerns with fewer than 25 employees, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4).

Congressional Review Act

    The Commission will send a copy of the Second Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Synopsis

I. Introduction

    In the Second Report and Order the Commission takes steps to 
advance Congressional and Commission objectives to make more mid-band 
spectrum available for fifth generation wireless services, or 5G. 
Specifically, the Commission begins implementation of the Beat China by 
Harnessing Important, National Airwaves for 5G Act of 2020 (Beat CHINA 
for 5G Act of 2020), Consolidated Appropriations Act, 2021, Public Law 
116-260, Division FF, Title IX, Sec. 905, which requires the Commission 
to start an auction to grant new initial licenses subject to flexible 
use in the 3450-3550 MHz (3.45 GHz) band by December 31, 2021. Together 
with its Federal partners in the Executive Branch, including the White 
House Office of Science and Technology Policy and National Economic 
Council, the National Telecommunications and Information Administration 
(NTIA), and the Department of Defense (DoD), the Commission has worked 
with unprecedented speed and collaboration to make 100 megahertz of 
mid-band spectrum in the 3.45 GHz band available for flexible use. The 
Commission's framework will enable full-power commercial use (i.e., 
non-Federal, primary, flexible use, including for private mobile radio 
services) of this band and require that future licensees deploy their 
networks quickly, so that that this spectrum is in put in service of 
the American people. The Commission also takes steps to balance the 
needs of Federal incumbents where and when they require continued 
access to the band and relocates important non-Federal weather 
forecasting services so that they are not adversely impacted by the 
Commission's actions. Collectively, the 3.45 GHz band and the 
neighboring 3.5 GHz and 3.7 GHz bands will offer 530 megahertz of 
contiguous mid-band spectrum for 5G services.

II. Background

    The lower 3 GHz band--and the 3450 MHz to 3550 MHz portion of the 
band (3.45-3.55 GHz band) in particular--has been targeted as spectrum 
to support 5G both here and abroad, and assessed within the Federal 
Government, across the legislative and executive branches, as well as 
within the Commission. The National Telecommunications and Information 
Administration (NTIA) identified the 3450-3550 MHz spectrum band as a 
potential candidate for shared use between Federal incumbents and 
commercial services two years ago. In 2018, Congress passed the Fiscal 
Year 2018 omnibus spending bill, which directed NTIA to work with the 
Commission on identifying sharing opportunities in the 3.1-3.55 GHz 
band.
    Congress addressed the pressing need for spectrum to support 
broadband, including mid-band spectrum, in the Fiscal Year 2018 omnibus 
spending bill, which included the Making Opportunities for Broadband 
Investment and Limiting Excessive and Needless Obstacles to Wireless 
Act (MOBILE NOW Act) under Title VI of RAY BAUM'S Act. See Consolidated 
Appropriations Act, 2018, Public Law 115-141, Division P, the Repack 
Airwaves Yielding Better Access for Users of Modern Services (RAY 
BAUM'S) Act, Title VI (the Making Opportunities for Broadband 
Investment and Limiting Excessive and Needless Obstacles to Wireless 
Act or MOBILE NOW Act). The MOBILE NOW Act mandated that the Secretary 
of Commerce, working through NTIA: (1) Submit, in consultation with the 
Commission, a report by March 23, 2020, on the feasibility of 
``allowing commercial wireless service, licensed or unlicensed, to 
share use of the frequencies between 3100 megahertz and 3550 megahertz, 
and (2) identify with the Commission ``at least 255 megahertz of 
Federal and non-Federal spectrum for mobile and fixed wireless 
broadband use'' by December 31, 2022. MOBILE NOW Act section 605(a). 
Shortly before Congress signed the 2018 omnibus spending bill, NTIA 
announced that it had identified the 3.45-3.55 GHz band for study for 
potential repurposing to spur commercial wireless innovation. In 2020, 
the White House and the DoD formed America's Mid-Band Initiative Team 
(AMBIT) with the goal of making 100 megahertz of contiguous mid-band 
spectrum available in the 3.45-3.55 GHz band for full commercial use.
    In December 2020, Congress adopted the Beat CHINA for 5G Act of 
2020. The Act requires NTIA, no later than June 25, 2021, to ``begin 
the process of withdrawing or modifying the assignments to Federal 
Government stations of the [3.45 GHz band] as necessary'' for the 
Commission to reallocate and auction the band for flexible commercial 
use. Beat CHINA for 5G Act of 2020 section 905(c)(1). The Act further 
requires the Commission to begin a system of competitive bidding to 
grant new initial licenses for the use of a portion or all of the 3.45 
GHz band, subject to flexible-use service rules, no later than December 
31, 2021. Beat CHINA for 5G Act of 2020 section 905(d)(1)(B). Finally, 
the Act provides an exemption to the 18-month FCC auction notification 
requirement in the Commercial Spectrum Enhancement Act (CSEA). Id. 
section 905(d)(2); 47 U.S.C. 923(g)(4)(A)
    In September 2020, the Commission released a Report and Order (85 
FR 64062, October 9, 2020) and the FNPRM. The Report and Order adopted 
the Commission's 2019 proposal (85 FR 3579, January 22, 2020) to remove 
the secondary, non-Federal allocations from the 3.3-3.55 GHz band. The 
FNPRM proposed: (1) Allocation changes to the 3.3-3.55 GHz band to 
enable future commercial use; (2) coordination between future flexible-
use licensees and Federal incumbents that remain in the band; (3) 
relocation logistics for non-Federal secondary users; and (4) the 
technical, licensing, and operating rules that would create a 
successful coordination regime both within the band and with Federal 
and non-Federal operations in adjacent bands.

III. Second Report and Order

A. Allocating the 3.45 GHz Band for Commercial Wireless Use

    Consistent with the Beat CHINA for 5G Act of 2020, the Commission 
adopts its proposal to add a primary non-Federal fixed and mobile, 
except aeronautical mobile, allocation to the 3.45 GHz band nationwide. 
As the Commission noted in the FNPRM,

[[Page 17922]]

section 303(y) provides the Commission with authority to allocate 
spectrum for flexible 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.'' 47 U.S.C. 303(y)
    The Commission's proposed non-Federal allocation is consistent with 
and furthers these goals for several reasons. First, the allocation is 
consistent with international agreements. Indeed, it will harmonize the 
Commission's allocation for the 3.45 GHz band with international 
allocations. As 5G Americas notes, there is now a critical mass of 
countries that have auctioned or otherwise made spectrum available in 
the 3.3-4.2 GHz range (band n77). Second, the proposed allocation will 
make more critical mid-band spectrum available for 5G and other 
advanced wireless services (AWS). The allocation will foster more 
intensive 5G use of mid-band spectrum to facilitate and incentivize 
investment in next-generation wireless services. Third, the Commission 
expects that the allocation will promote investments in the band by 
flexible-use licensees. Mid-band spectrum is particularly well-suited 
for 5G buildouts due to its desirable mix of coverage, capacity, and 
propagation characteristics, and the Commission anticipates that this 
spectrum will attract significant investment from 5G network operators. 
Finally, the Commission's actions in the Second Report and Order will 
promote effective coordination between new flexible-use licensees and 
remaining incumbent Federal operations. No commenter disagrees with the 
Commission's proposed flexible-use allocation under section 303(y). 
Accordingly, the Commission adopts the proposal to add a primary non-
Federal fixed and mobile, except aeronautical mobile, allocation to the 
3.45 GHz band nationwide.
    Although the Commission allocates the 3.45 GHz band for non-Federal 
fixed and mobile (except aeronautical mobile) operations nationwide, at 
this time, as discussed below, it will only license this band for non-
Federal operations in the contiguous United States because the AMBIT 
efforts limited their focus to the contiguous United States.

B. Cooperative Sharing Regime in the 3.45 GHz Band

    The 3.45 GHz band currently is used by the DoD for high- and low-
powered radar systems on a variety of platforms in the 3 GHz band, 
including fixed, mobile, shipborne, and airborne operations. Both NTIA 
and the AMBIT efforts identified the 3.45 GHz band for cooperative 
sharing between incumbent DoD operations and new commercial operators, 
under which commercial providers will be able to use the band on an 
unrestricted basis, except under a few limited circumstances (described 
below). Consistent with the conclusions of the Commission's Federal 
partners, the Commission adopts a cooperative sharing regime for the 
3.45 GHz band.
    Under this framework, non-Federal systems generally will have 
unencumbered, full-power use of the entire band across the contiguous 
United States and, with limited exceptions, Federal systems operating 
in the band may not cause harmful interference to non-Federal 
operations in the band. In limited circumstances and in locations where 
current incumbent Federal systems will remain in the band, however, 
non-Federal systems will not be entitled to protection against harmful 
interference from Federal operations (and limited restrictions will be 
placed on non-Federal operations). These exceptions will occur only in 
geographic areas specifically identified as Cooperative Planning Areas 
and Periodic Use Areas. NTIA describes these areas as key military 
training facilities, important test sites, and strategically 
significant Navy home ports and shipyards. NTIA stresses that these 
areas are not exclusion zones. The Commission emphasizes that 
commercial operations are not precluded within Cooperative Planning 
Areas and Periodic Use Areas. Rather, incumbent Federal operations and 
new flexible-use operations must coordinate with each other to 
facilitate shared use of the band in these specified areas and during 
specified time periods. The coordination regime the Commission adopts 
is intended to minimize the impacts from incumbent Federal operations 
on future commercial operations while still enabling effective Federal 
operations where and when necessary, given the need to preserve 
military readiness and capabilities and support real-world operations 
when required.
    This coordination regime builds upon the AWS-3 framework and 
incorporates lessons learned from AWS-3 and other shared services, such 
as the Citizens Broadband Radio Service. As with those services, and 
with AWS-3 in particular, new flexible-use 3.45 GHz Service licensees 
must coordinate with DoD incumbents to facilitate shared use of the 
band, here within Cooperative Planning Areas and Periodic Use Areas. 
But beyond simply coordinating within those areas, Federal and non-
Federal operators are encouraged to enter into mutually acceptable 
operator-to-operator agreements to permit more extensive flexible use 
within Cooperative Planning and Periodic Use Areas by agreeing to a 
technical approach that mitigates the interference risk to Federal 
operations. The current parameters of Cooperative Planning and Periodic 
Use areas, as discussed further below, are the default, but in practice 
should be a starting point for negotiations between flexible-use 
licensees and Federal incumbents; more expansive use by the flexible-
use licensee can be agreed to in areas and under circumstances or 
parameters acceptable to the Federal incumbent. The Commission adopts 
this progression in coordination regimes to unleash mid-band spectrum 
for next-generation wireless services. Further, this approach is 
consistent with the AMBIT's goal of providing immediate, full power, 
commercial access to 100 megahertz of contiguous spectrum between 3.45-
3.55 GHz, to the maximum extent possible. The coordination framework 
will benefit consumers as well as Federal agencies and the military, as 
they can also take advantage of these additional commercial broadband 
and 5G networks and the economies of scale they create.
1. Cooperative Planning Areas and Periodic Use Areas
    Definitions.--During the AMBIT efforts, the DoD identified a list 
of ``Cooperative Planning Areas,'' within which it anticipates that 
Federal operations will continue after the assignment of flexible-use 
licenses in the band. These areas are limited in size and scope and 
include military training facilities, test sites, Navy home ports, and 
shipyards. The Commission defines Cooperative Planning Areas as 
geographic locations in which non-Federal operations shall coordinate 
with Federal systems in the band to deploy non-Federal operations in a 
manner that shall not cause harmful interference to Federal systems 
operating in the band. In these areas, operators of non-Federal 
stations may be required to modify their operations (e.g., reduce 
power, add filters adjust antenna pointing angles, install shielding, 
etc.) to protect Federal operations against harmful interference and to 
avoid, where possible,

[[Page 17923]]

interference and potential damage to the non-Federal operators' 
systems. Further, in these areas, non-Federal operations may not claim 
interference protection from Federal systems. However, Federal and non-
Federal operators may reach mutually acceptable operator-to-operator 
agreements to permit more extensive non-Federal use by identifying and 
mutually agreeing upon a technical approach that mitigates the 
interference risk to Federal operations. To the extent that high-
powered Federal operations will remain that may cause harmful 
interference to commercial operations, NTIA has recommended that 
Federal operators should share information about these risks with the 
commercial operators in the context of coordination agreements. NTIA 
states that, ``[t]o the extent possible, Federal use in Cooperative 
Planning Areas will be chosen to minimize operational impact on non-
Federal users.'' Letter from Charles Cooper, Associate Administrator, 
NTIA, to Ronald T. Repasi, Acting Chief, OET, FCC and Donald Stockdale, 
Chief, WTB, FCC, WT Docket No. 19-348, at Enclosure 1 (filed Sept. 8, 
2020) (NTIA 2020 Ex Parte Letter).
    The Commission includes in part 2 of its rules a more detailed list 
of parameters for such areas that NTIA has provided. For each 
Cooperative Planning Area, the Commission provides either a point and 
radius or a series of geographic coordinates (which create a polygon) 
to define the boundary of the area. Using this information, potential 
bidders will be able to determine precisely which areas will require 
coordination with the DoD. NTIA states that the DoD will create a 
workbook, similar to the one that it created in the AWS-3 transition, 
to provide potential bidders with additional information about these 
areas before bidding commences in the Commission's auction.
    In addition, the DoD has identified several ``Periodic Use Areas'' 
that overlap with certain Cooperative Planning Areas. In these Periodic 
Use Areas, the DoD will need episodic access to all or a portion of the 
band in specific, limited geographic areas, in which it will coordinate 
with affected licensees for specific times and bandwidths. Accordingly, 
the Commission defines Periodic Use Areas as geographic locations in 
which non-Federal operations in the band shall not cause harmful 
interference to Federal systems operating in the band for episodic 
periods. Moreover, during these times and in these areas, Federal users 
will require interference protection from non-Federal operations. As 
with Cooperative Planning Areas, within Periodic Use Area, operators of 
non-Federal stations may be required to temporarily modify their 
operations (e.g., reduce power, filtering, adjust antenna pointing 
angles, shielding, etc.) to protect Federal operations from harmful 
interference, which may include restrictions on non-Federal stations' 
ability to radiate at certain locations during specific periods of 
time. During such episodic use, non-Federal users in Periodic Use Areas 
must alter their operations to avoid harmful interference to Federal 
systems' temporary use of the band, and during such times, non-Federal 
operations may not claim interference protection from Federal systems. 
However, Federal and non-Federal operators may reach mutually 
acceptable operator-to-operator agreements such that a Federal operator 
may not need to activate a Periodic Use Area if a mutually agreeable 
technical approach mitigates the interference risk to Federal 
operations. NTIA notes that, ``[t]o the extent possible, Federal use in 
Periodic Use Areas will be chosen to minimize operational impact on 
non-Federal users.'' NTIA 2020 Ex Parte Letter at Enclosure 1. The 
Commission notes that ``[r]estrictions and authorizations for the 
Cooperative Planning Areas remain in effect during periodic use unless 
specifically relieved in the coordination process.''
    The Commission includes a list of Periodic Use Areas in part 2 of 
its rules. As with Cooperative Planning Areas, the Commission provides 
either a point and radius or a series of coordinates (which create a 
polygon) to define the boundaries of the area within which future 
licensees must coordinate with the DoD. In both Cooperative Planning 
and Periodic Use Areas, the coordination procedures the Commission 
adopts in the Second Report and Order will ensure maximum possible use 
of flexible-use licenses while allowing the DoD to continue to operate 
in these areas with protection against harmful interference adequate to 
preserve military readiness, capabilities, and national security.
    Parameters.--NTIA and the DoD identified 33 Cooperative Planning 
Areas, 23 of which overlap with Periodic Use Areas. In defining each 
area, the DoD's analysis employed certain assumptions and parameters, 
including: (1) 5G networks operating at a maximum power of 1640 watts/
MHz in urban environments and 3280 watts/MHz in non-urban environments; 
(2) an EMI threshold of -35dBm/m2 peak power density from the nearby 
radar; and (3) damage to 5G networks calculated at a threshold of 
+35dBm/m2 peak power density from the nearby radar. In the event that 
the DoD modifies its use in any existing Cooperative Planning or 
Periodic Use Area so as to decrease the size of such area, the 
Commission delegates authority to the Wireless Telecommunications 
Bureau and the Office of Engineering and Technology, in coordination 
with NTIA, to reflect such smaller areas in its rules. In this regard, 
the Commission notes that the existing Cooperative Planning and 
Periodic Use Areas identified by the rules adopted in the Second Report 
and Order cannot be increased in size, and no Cooperative Planning Area 
or Periodic Use Area not so identified can be added in the contiguous 
United States.
    In general, 3.45 GHz Service licensees will be able to operate 
within each Cooperative Planning Area, but may need to plan their 
network layout, choose power levels and antennas, and install filters 
and shielding, to maximize flexible use of the band, consistent with 
operator-to-operator agreements they enter into with DoD operators. In 
certain locations, the DoD operates high-powered radars. Flexible-use 
licensees must accept interference from these high-powered DoD radars 
within the Cooperative Planning and Periodic Use Areas, unless the 
operators are able to reach an agreement that provides additional 
assurances or protections to each operator. NTIA recommends that ``to 
the extent that higher power DoD radars located at the CPAs 
[Cooperative Planning Areas] labeled in [part 2, appendix A of the 
Commission's rules] may cause harmful interference to commercial 
operations within these zones, . . . DoD and licensees [should] include 
in coordination agreements language that acknowledges the risks of 
harmful interference inside of these zones (along the lines set forth 
in the AWS-3 coordination agreement template).'' Letter from Charles 
Cooper, Associate Administrator, NTIA, to Ronald T. Repasi, Acting 
Chief, OET, FCC and Joel Taubenblatt, Acting Chief, WTB, FCC, WT Docket 
No. 19-348, at 4 (filed Feb. 19, 2021) (NTIA 2021 Ex Parte Letter). In 
other areas where the DoD operates low-power radars, the Commission 
expects that the DoD will coordinate with flexible-use licensees for an 
agreeable path forward. An operator-to-operator agreement could include 
network deployment plans that minimize impacts on DoD operations, while 
enabling the widest flexible-use deployments possible. The Commission 
notes that, unless the entire 3.45 GHz

[[Page 17924]]

Service licensed area falls within a Cooperative Planning Area or 
Periodic Use Area, cooperative sharing will only take place in those 
portions of a licensee's geographic licensed area that fall within the 
defined boundaries of a Cooperative Planning Area or Periodic Use Area, 
and not across the entire licensed area. In other words, outside of the 
defined boundaries of the Cooperative Planning Area or Periodic Use 
area, the 3.45 GHz Service licensee will have unencumbered use of the 
band.
    The Commission reiterates that the Cooperative Planning and 
Periodic Use Areas are not exclusion zones, because licensees will be 
permitted to operate in these areas subject to the coordination 
requirements, and these zones were developed based on the Commission's 
proposed power limits and assuming relatively high antenna heights. In 
practice, the Commission expects that the areas in which flexible-use 
licensees may need to adjust their networks will be smaller than the 
areas encompassed by the Cooperative Planning and Periodic Use Area 
boundaries the Commission is adopting. First, actual flexible-use 
operations are likely to use lower towers and lower power than the 
maximum tower heights and power levels permitted under the Commission's 
rules, which NTIA and the DoD used in their analyses to generate the 
Cooperative Planning Areas and Periodic Use Areas. NTIA expects that 
this ``should result in greater industry access to the spectrum in and 
around the CPAs and PUAs [Periodic Use Areas].'' NTIA 2021 Ex Parte 
Letter at 3. Second, non-Federal licensees can coordinate with Federal 
users and enter into operator-to-operator agreements so that new 
commercial operations would not interfere with protected incumbent 
Federal systems, or so that any risk of harmful interference to non-
Federal operations is mitigated so long as the non-Federal users are 
operating pursuant to the agreement. For example, as NTIA notes, the 
DoD could agree to not activate a PUA if a mutually agreeable technical 
interference mitigation approach is identified. Absent an operator-to-
operator agreement permitting more extensive use within a Cooperative 
Planning or Periodic Use Area, a 3.45 GHz Service licensee must protect 
Federal incumbents against harmful interference within the area 
parameters denoted in the table in footnote US431B of Sec.  2.106 of 
the Commission's rules.
    Fort Bragg and Little Rock.--In all but two of the Cooperative 
Planning and Periodic Use Areas, 3.45 GHz Service licensees must 
coordinate with the DoD across all 100 megahertz of the spectrum within 
the areas. In the Fort Bragg, North Carolina, Cooperative Planning Area 
and Periodic Use Area, in contrast, licensees will only need to 
coordinate in the lower 40 megahertz of the band, i.e., between 3450-
3490 MHz. NTIA indicates that the DoD will only use the lower 40 
megahertz of the band in this area, leaving the upper 60 megahertz 
unencumbered and available for full-power, flexible-use operations in 
accordance with the rules adopted herein. Thus, licensees in the upper 
portion of the band, i.e., between 3490-3550 MHz, need not coordinate 
with the DoD in these areas.
    In the Little Rock, Arkansas Cooperative Planning Area, for 
approximately the first 12 months following the close of the auction 
for this band, licensees will have to coordinate with the DoD across 
all 100 megahertz of the spectrum within those areas. After this time 
period, however, licensees will only need to coordinate in the lower 40 
megahertz of the band, as the DoD states that it will vacate the upper 
60 megahertz, i.e., between 3490-3550 MHz, by that time.
    Federally Authorized Contractor Test Facilities.--Consistent with 
the FNPRM and with NTIA authorizations, Federally Authorized Contractor 
Test (FACT) facilities that operate within a Cooperative Planning Area 
or Periodic Use Area pursuant to a NTIA authorization will be treated 
the same as other Federal facilities within such areas. NTIA authorizes 
radio stations belonging to and operated by the United States. To the 
extent that NTIA has authorized such stations to operate within a FACT, 
those operations should be entitled to the same protections as other 
Federal operations within Cooperative Planning Areas or Periodic Use 
Areas, consistent with their NTIA authorizations.
    In this context, the Aerospace Industries Association asks the 
Commission to refine its coordination requirements to include 
protection for future non-Federal experimental operations at facilities 
located within Cooperative Planning Areas, as well as experimental 
operations at the small number of non-Federal facilities that are 
located outside of Cooperative Planning Areas. The Aerospace Industries 
Association also asks that the Commission impose coordination 
obligations for non-Federal test facilities wholly located within 
Cooperative Planning Areas. Further, the Aerospace Industries 
Association asks that a coordination process be created either by the 
National Defense Industrial Association Spectrum Working Group or the 
Commission to coordinate operations at testing facilities not wholly 
located within Cooperative Planning Areas. NTIA notes that several 
radar manufacturing and integration facilities require access to the 
3.45 GHz band to perform experimentation and testing for 
radionavigation and other systems contracted for by Federal agencies. 
According to NTIA, these facilities typically operate outdoors to 
accommodate physically large operational systems and NTIA states that 
these facilities must retain access to the spectrum for testing and 
experimentation to ensure that agencies' contracting requirements can 
be fulfilled. NTIA requests that the Commission continue to work with 
NTIA, the DoD, and other concerned stakeholders to develop a 
coordination framework to ensure that these non-Federal experimental 
licensees in the 3.45 GHz band are able to continue to access spectrum 
to support their critical functions in support of the DoD, in a way 
that minimizes potential impacts to the 3.45 GHz Service.
    The Commission recognizes that the DoD has expended significant 
time and resources to craft limited Cooperative Planning Areas or 
Periodic Use Areas that maximize new commercial operations while still 
allowing effective mission-critical DoD uses. While the DoD's 
calculations and assessments do not consider future operations by non-
Federal radiolocation experimental licensees within or outside these 
areas, the Commission agrees that these contractor facilities have 
needs to access the spectrum for testing and experimentation as the 
Commission has recognized in authorizing various part 5 experimental 
authorizations. Protection of such operations by rule is outside the 
scope of the AMBIT efforts. Further, expanding protection to future 
non-Federal operations at FACT facilities would create uncertainty for 
potential bidders considering commercial deployments in the band. The 
Commission notes, however, that non-Federal entities will continue to 
be able to obtain experimental licenses for such testing under its part 
5 rules, which limit experimental use to operations on a non-
interference basis and generally require licensees to notify or 
coordinate with incumbent spectrum users to avoid causing harmful 
interference. Accordingly, the Commission does not extend coordination 
obligations on commercial licensees for existing or future non-Federal 
radiolocation operations authorized under part 5 of the rules 
regardless of whether they are located either inside or outside of

[[Page 17925]]

Cooperative Planning Areas or Periodic Use Areas. The Commission 
expects all future commercial licensees to cooperate with part 5 
licensees when presented with requests for experimentation and testing 
in the 3.45 GHz band to enable continued development and upgrades of 
essential DoD systems. Moreover, the Commission encourages all 
stakeholders to work with the National Defense Industrial Association 
Spectrum Working Group to develop mutually agreeable practices 
regarding experimental use of the band for defense radar testing and 
development. The Commission will monitor the results of this approach 
and may revisit it as necessary based on the experience of experimental 
and 3.45 GHz Service licensees. To that end, the Commission encourages 
parties to provide the Commission with information on this approach if 
needed.
2. National Emergencies
    In light of NTIA's February 2021 letter stating that no specific 
provision in US431B is needed for Federal use during time of national 
emergency, the Commission does not adopt such a provision. The 
Commission agrees with NTIA that section 706(c) of the Communications 
Act and other relevant authorities provide sufficient ability for the 
DoD to access the band in the extraordinary circumstances under which a 
national emergency might necessitate access to the 3.45 GHz band. 
Accordingly, the Commission need not modify the existing regulatory 
framework that applies generally to all bands in this regard.
    In the FNPRM, the Commission, noting that the DoD may require 
access to the band during times of national emergency to fulfill 
military operational needs, proposed that Federal users should be 
authorized to operate within the band pursuant to existing 
radiolocation authorizations as required to meet operational mission 
requirements during national emergencies. Numerous commenters ask that 
the Commission clearly delineate the boundaries of this use and any 
related coordination procedures.
    In response to these comments and upon further review of this 
issue, NTIA and the DoD now agree that a specific national emergency 
provision in footnote US431B is not necessary. The Commission agrees 
with this assessment. Instead of imposing a specific provision for 
national emergencies, in the extremely rare circumstances under which 
such operational needs may arise, NTIA states that such operational 
needs can be accommodated in the 3.45 GHz band (as well as other bands) 
under and consistent with section 706(c) of the Communications Act and 
other relevant authorities. Under section 706(c), a national emergency 
would be triggered by a ``proclamation by the President that there 
exists a war or threat of war or a state of public peril or disaster or 
other national emergency.'' 47 U.S.C. 606(c). While similar language 
was proposed by NTIA for footnote US431B to the Table of Allocations, 
NTIA now states that this band-specific provision in an allocation 
footnote is not required in light of existing statutory authorities.
    The Commission agrees with commenters and NTIA that a band-specific 
national emergency provision in US431B is not required and accordingly, 
it will not adopt the prior proposal in this regard. The Commission 
reminds future 3.45 GHz Service licensees, however, that pursuant to 
section 309(h) of the Communications Act, every FCC license shall be 
subject in terms to the right to use or control conferred by section 
706 of this Act. Similarly, nothing under the Commission's auction 
authority or in the use of competitive bidding shall limit or otherwise 
affect the requirements of section 309(h), section 706, or any other 
relevant provisions of the Communications Act. Although NTIA recognizes 
prospective bidders' need for adequate information to assess risks and 
prepare business plans for the band, it acknowledges that it would be 
difficult to provide absolute certainty and predictability regarding 
the situations under which section 706 (or other authorities) might be 
invoked. Nonetheless, NTIA notes that additional information may be 
provided through upcoming workshops or other appropriate venues.
3. Coordination Procedures
    Before a commercial licensee commences operations in a Cooperative 
Planning Area or Periodic Use Area, it must first successfully 
coordinate with the Federal incumbent. The purpose of coordination is 
to facilitate shared use of the band in these specified areas and 
during specified time periods. The coordination procedures outlined 
here will apply to all 3.45 GHz Service licensees seeking to operate in 
a Cooperative Planning Area or Periodic Use Area, unless the 3.45 GHz 
Service licensee and the DoD have reached a mutually agreeable 
coordination arrangement that provides otherwise. Such arrangements 
could, for example, document specific notification and activation 
procedures. While the Commission provides a general description of 
these procedures here, additional coordination requirements, 
procedures, and scenarios may be developed, consistent with any 
Administrative Procedure Act or other legal requirement that may apply, 
in future public notices, specific operator-to-operator agreements, or 
other mechanisms. The Commission expects 3.45 GHz Service licensees and 
Federal incumbents to negotiate in good faith throughout the 
coordination process (e.g., sharing information about their respective 
systems and communicating results to facilitate commercial use of the 
band).
    Contact.--The DoD will create an online portal through which a 3.45 
GHz Service licensee must initiate formal coordination requests for its 
relevant systems within associated Cooperative Planning Areas and/or 
Periodic Use Areas. In addition, according to NTIA, an Incumbent 
Informing Capability (IIC) also could be developed to facilitate 
coordination within the Periodic Use Areas. The DoD would use the IIC 
to schedule the time and frequency span for each episodic use.
    Informal Discussions.--Before a 3.45 GHz Service licensee submits a 
formal coordination request, it may share draft proposals or request 
that Federal incumbent coordination staff discuss draft coordination 
proposals. These discussions are voluntary, informal, and non-binding 
and can begin at any time. 3.45 GHz Service licensees may discuss their 
proposed deployments and seek guidance on appropriate measures to 
ensure that electromagnetic compatibility (EMC) analyses produce 
positive results. 3.45 GHz Service licensees and Federal 
representatives also may develop an analysis methodology that reflects 
the characteristics of licensees' proposed deployments and the Federal 
incumbents' operation. These discussions also can involve developing a 
process for identification and resolution of interference.
    Informal discussions are intended to allow the Federal incumbent 
and 3.45 GHz Service licensee to share information about their 
respective system designs and to identify potential issues before a 
formal coordination request is submitted through the DoD online portal. 
The Federal incumbents involved, unless they specify otherwise in 
writing, would not be committing to any final determination regarding 
the outcome of the formal coordination. The Commission strongly 
encourages parties to use informal, non-binding discussions to minimize 
or resolve basic methodological issues upfront, before having the 3.45 
GHz Service licensees

[[Page 17926]]

submit formal coordination requests. Federal incumbents' transition 
plans will identify a point of contact that a licensee may contact to 
initiate informal discussions.
    Formal Coordination.--Coordination shall be initiated by the 3.45 
GHz Service licensee by formally requesting access to operate within a 
Cooperative Planning Area and/or Periodic Use Area. This request should 
be made directly through the DoD online portal. The 3.45 GHz Service 
licensee must set up its portal account and, once established, the 3.45 
GHz Service licensee will receive a user guide and training on the use 
of the portal and, if applicable, the IIC.
    Initiation, Timing, and Affirmative Concurrence.--Unless otherwise 
agreed between a 3.45 GHz Service licensee and the relevant Federal 
incumbent, no formal coordination requests may be submitted until nine 
(9) months after the date of the auction closing Public Notice. 3.45 
GHz Service licensees may request informal discussions during this 
nine-month time period, however, using the point of contact identified 
in the applicable Transition Plan.
    After the first nine (9) months following the close of the auction, 
the Commission expects that NTIA will require Federal incumbents to 
review and respond to formal coordination requests made through the 
portal in a timely manner. The Commission encourages licensees and 
incumbents, through informal discussions, to prioritize formal 
coordination requests as appropriate to avoid an overwhelming influx of 
coordination requests at the conclusion of the nine (9) month quiet 
period. This will help maximize the quick and efficient review of 
coordination requests.
    Unless otherwise agreed to in writing, the requirement to reach a 
coordination arrangement is satisfied only by obtaining the affirmative 
concurrence of the relevant Federal incumbent(s) via the portal. This 
requirement is not satisfied by omission. The Commission expects that 
contact information and further details on Federal notification and 
coordination requirements will be included in a future public notice 
jointly issued by the Commission and NTIA.
    Submission Information.--To submit a formal coordination request, 
the 3.45 GHz Service licensee must include information about the 
technical characteristics for its base stations and associated mobile 
units relevant to operation within the Cooperative Planning Area and/or 
Periodic Use Area. This information should be provided in accordance 
with the instructions provided in the DoD's online portal user's guide. 
The Commission expects that the data fields in the portal will include 
basic technical operating parameters (e.g., system technology, mobile 
EIRP, frequency block, channel bandwidth, site name, latitude, and 
longitude). The Commission also anticipates that the portal will accept 
attachments that include narratives that explain area-wide deployments.
    3.45 GHz Service licensees must prioritize their deployments in the 
Cooperative Planning Area and/or Periodic Use Area for each Federal 
incumbent when submitting a formal coordination request. If a licensee 
is seeking to coordinate with multiple systems or multiple locations of 
operation controlled by one Federal incumbent, it must specify the 
order in which it prefers the Federal incumbent process the request 
(i.e., the order of systems or geographic locations).
    Coordination Analysis.--If a 3.45 GHz Service licensee has 
questions about the result of a coordination request, it may contact 
the Federal incumbent to propose network design modifications to help 
address EMC issues raised by the Federal incumbent. The Federal 
incumbent, where feasible, may review revised technical proposals from 
the 3.45 GHz Service licensee. Once the 3.45 GHz Service licensee has 
revised its network design, it must resubmit a formal coordination 
request, and the 3.45 GHz Service formal coordination process begins 
again.
    The Commission stresses the benefits of informal discussions among 
3.45 GHz Service licensees and Federal incumbents, including during the 
formal coordination process. While in many cases, Federal incumbent 
staff may be unable to provide specific information about the protected 
Federal operations and are not responsible for designing the 3.45 GHz 
Service system, they may offer some suggestions on how to address or 
mitigate the issue, given the limited information that can be made 
available on some Federal systems.
    Dispute Resolution.--If disputes arise during the coordination 
process, the Commission strongly encourages parties to negotiate in 
good faith to resolve them. If a 3.45 GHz Service licensee believes 
that a Federal incumbent is not negotiating in good faith, the licensee 
may seek the assistance of NTIA or it can inform the Commission. If a 
Federal incumbent believes that a 3.45 GHz Service licensee is not 
negotiating in good faith, it could nonetheless timely respond to a 
formal request and would have the option to seek assistance from NTIA 
and/or the Commission. The Commission encourages parties to enter into 
operator-to-operator agreements that have dispute resolution provisions 
for any or all possible disputes. If a dispute arises between an 
incumbent Federal entity and a 3.45 GHz Service licensee over an 
operator-to-operator agreement, provisions calling for informal 
negotiation, mediation, or non-binding arbitration efforts between the 
parties will help to clearly define and narrow the issues for formal 
agency resolution by NTIA, the Commission, or both agencies acting 
jointly, as applicable.
    Sharing of Sensitive and Classified Information.--Given the 
classified and sensitive nature of some of the information to be shared 
by the DoD for effective coordination in the band, the Commission 
expects that NTIA and the DoD will develop procedures, methods, and 
means for sharing such information (e.g., through the ``Trusted Agent'' 
process).
    Notification Procedures for Periodic Use Areas.--The Commission 
anticipates that NTIA will establish notification procedures to govern 
the DoD's required episodic access to the 3.45 GHz band in Periodic Use 
Areas. Specifically, the Commission expects that the 3.45 GHz Service 
licensee(s) and the Federal incumbent will establish operator-to-
operator agreements that detail notification processes and timelines 
prior to the initiation of commercial operations within the Periodic 
Use Area. The operator-to-operator agreement could, for example, 
specify the notification process, content, and timelines (i.e., the 
starting and ending dates and times of such use). The agreements also 
may specify that the 3.45 GHz Service licensee(s) and the Federal 
incumbent may use a scheduling tool to complete the notification 
process or agree to technical limitations to commercial operations 
(e.g., reduced power levels and antenna pointing angles in lieu of a 
notification process). The Commission believes that this approach will 
provide maximum flexibility for the 3.45 GHz Service licensee and the 
Federal incumbent to develop tailored solutions.
    Interference Resolution Process.--The introduction of non-Federal, 
flexible-use licenses increases the possibility that interference will 
occur between the new entrants and incumbent Federal users. As 
reflected in the new footnote US431B to the Table of Allocations, 
flexible-use licensees in both types of coordination areas (Cooperative 
Planning Areas and Periodic Use Areas) must not cause harmful 
interference to Federal users, and Federal users should

[[Page 17927]]

minimize the operational impact on non-Federal users. Furthermore, 3.45 
GHz Service licensees cannot claim interference protection within the 
coordination areas, absent an operator-to-operator agreement that 
specifies otherwise. In instances of identified harmful interference 
occurring between a Federal and non-Federal operator not addressed by 
the coordination procedures or operator agreements, the 3.45 GHz 
Service licensee shall first attempt to resolve the interference 
directly. If that effort is unsuccessful, the 3.45 GHz Service 
licensee, if adversely affected, may escalate the matter to the 
Commission.
    Future Workshops and Workbooks.--Commenters widely support the use 
of workshops to collaborate and coordinate between industry 
stakeholders and the DoD. NTIA states that it will work with the DoD 
will make additional information available via a variety of means, 
including the posting of approved transition plans and a workbook 
similar to the DoD's AWS-3 Workbook, as well as through upcoming 
workshops. According to NTIA, such supplemental information will likely 
include updates on the coordination portal and IIC developments and 
procedures, as well as guidance on anticipated received power levels 
from the DoD's high-powered operations, methods and means for sharing 
proprietary and classified information (e.g., through ``Trusted 
Agents''), and descriptions of potential national emergency scenarios.
    Federal use of the radio spectrum is generally governed by NTIA 
while non-Federal use is governed by the Commission. Accordingly, NTIA 
and the Commission may decide that jointly issued further guidance or 
details concerning Federal/non-Federal coordination, particularly 
Federal aspects of such coordination is warranted. Such guidance could 
consist of additional coordination procedures, coordination timelines, 
notice of complete or incomplete submissions, coordination analysis, 
and streamlined coordination options. In this regard, to the extent 
needed, the Commission delegates authority to the Wireless 
Telecommunications Bureau to work with NTIA staff, in collaboration 
with affected Federal agencies, to develop a joint FCC and NTIA public 
notice with additional information on notification and coordination 
procedures in the 3.45 GHz band as proposed in prior Notices in this 
proceeding and outlined in the Second Report and Order.

C. Band Plan

1. Block Sizes
    In the FNPRM, the Commission proposed to license the 3.45 GHz band 
in 20 megahertz blocks to promote efficient and robust use of the band 
for next-generation wireless technologies, including 5G. The Commission 
remains committed to that goal, but believes that 10 megahertz blocks 
will promote wider participation in the 3.45 GHz auction, and will 
encourage competition in the 3.45 GHz Service while still enabling the 
deployment of these next-generation wireless services. The Commission 
also believes this band plan, combined with its decision to license the 
3.45 GHz band by partial economic areas (PEAs), strikes the appropriate 
balance between the 3.7 GHz band, licensed by PEAs in 20 megahertz 
blocks, and the Citizens Broadband Radio Service, where Priority Access 
Licenses are licensed by counties in 10 megahertz blocks. The 
Commission therefore adopts 10 megahertz as the channel size for the 
3.45 GHz band in lieu of its proposal of 20 megahertz channels. The 
Commission will designate these 10 megahertz blocks as A through J, and 
they will be licensed according to the following channel plan:
[GRAPHIC] [TIFF OMITTED] TR07AP21.023

    The Commission finds that, for this band, 10-megahertz blocks will 
best serve its dual goals of making 3.45 GHz spectrum accessible to a 
diverse array of entities while also enabling licensees to obtain 
sufficient spectrum rights for deploying wideband networks. Carriers 
will be free to aggregate up to four channels in the 3.45 GHz band to 
achieve wider blocks as needed to enable their deployments, while 
others may choose to use only 10 megahertz channels. The Commission 
finds that 10 megahertz blocks strike the appropriate balance among 
minimizing coordination issues, maximizing wide-band services, and 
increasing competition in the band.
2. Spectrum Block Configuration
    Unpaired Channels.--The Commission adopts its proposal to allocate 
the 3.45 GHz band on an unpaired basis to promote a consistent spectral 
environment with the adjacent 3.5 GHz and 3.7 GHz bands, which are also 
unpaired in the United States. In contrast to a paired channel 
configuration that assumes frequency division duplex operations, an 
unpaired spectrum configuration is technology neutral--it thus enables 
Time Division Duplex (TDD) operations, which has become increasingly 
prevalent in deployments of digital broadband networks. In light of 
this, the Commission in recent years has licensed spectrum used for 
mobile broadband services on an unpaired basis. This more recent 
approach is consistent with industry standards and supported by the 
record. The Commission therefore adopts unpaired channels for this 
band.
    TDD Synchronization.--The Commission recognizes the benefits to all 
operators that come from TDD synchronization both within and across 
bands. To minimize the potential for causing or receiving harmful 
interference while maintaining deployment flexibility and efficiency, 
the Commission encourages intra-band synchronization where possible and 
it requires that 3.45 GHz Service licensees

[[Page 17928]]

negotiate in good faith with requesting Citizens Broadband Radio 
Service operators to enable TDD synchronization across these services.
    Specifically, a Citizens Broadband Radio Service operator may 
request information from a 3.45 GHz Service licensee to enable cross-
service TDD synchronization if the Citizens Broadband Radio Service 
operator provides service, or intends to provide service, in the same 
or adjacent geographic area as that of the 3.45 GHz Service licensee. A 
request by a Citizens Broadband Radio Service operator for TDD 
synchronization will obligate the 3.45 GHz Service licensee to provide 
sufficient technical information to allow the Citizens Broadband Radio 
Service operator to synchronize its system with the 3.45 GHz band 
system and to keep such information current if its network operations 
change. Negotiations over the information to be provided must be 
conducted in good faith, with the goal of enabling synchronization 
between the relevant systems; but there is no obligation on the 3.45 
GHz Service licensee to make any changes to its operations or proposed 
operations. Parties are free to negotiate changes to either or both 
networks as part of their efforts. Commission staff will be available 
to assist with negotiations as needed to resolve disputes and ensure 
good faith cooperation. The Commission similarly encourages industry to 
keep the Commission apprised of the effectiveness of the good faith 
requirement adopted, and it may revise further this rule or the rules 
governing the Citizens Broadband Radio Service in a future proceeding 
if necessary to encourage further TDD synchronization efforts among the 
various services in its mid-band allocations.
    In order to streamline these negotiations and reduce the 
administrative burdens on 3.45 GHz Service operators, the Commission 
encourages industry to develop collaborative means of sharing necessary 
information among licensees and operators. For example, Spectrum Access 
System administrators may be well-positioned to assist in this effort 
because they will be collecting extensive data on Citizens Broadband 
Radio Service operations in order to fulfill their duties. These 
administrators may be able to act as a clearinghouse for information 
necessary to effect synchronization. The Commission similarly expects 
industry to determine the information necessary for such 
synchronization efforts in order to protect proprietary information of 
all parties and to facilitate maximum flexibility on the part of 
licensees, while still ensuring that the interference mitigation 
objectives of synchronization are achieved. The Commission also 
encourages industry to identify for the Commission any challenges they 
face in negotiations.
    The Commission declines at this time to take the additional step of 
requiring TDD synchronization between networks operating in this band 
and those in the adjacent Citizens Broadband Radio Service, as some 
commenters suggest. Mandated synchronization could undermine operator 
flexibility in determining the best use of this spectrum, especially as 
use-cases and technologies change over time. While the Commission takes 
seriously the need to protect operations in the adjacent Citizens 
Broadband Radio Service from new high-powered uses, it believes the 
framework it adopts will accomplish that goal while preserving operator 
flexibility. However, the Commission will monitor the results of this 
approach, and may revisit it as necessary based on the experience of 
operators. To that end, the Commission encourages parties to continue 
to provide the Commission with information on this approach.
    Guard Bands.--The 3.45 GHz band will be situated between two active 
bands. At the upper edge of the band, the Citizens Broadband Radio 
Service operates in the 3.55-3.7 GHz band, and Federal incumbents use 
the 3.55-3.65 GHz band. At the lower edge of the band, the primary 
allocation for Federal radiolocation operations will continue below 
3.45 GHz. As discussed below, the Commission finds that adoption of the 
technical rules the Commission proposed in the FNPRM as modified herein 
will sufficiently protect adjacent operations at both edges of the 
band. No commenters support the use of guard bands in this band and the 
Commission declines to create guard bands here.

D. Technical Issues

1. Power Levels
    Base Station Power.--To support robust deployment of next-
generation mobile broadband services, the Commission in the FNPRM 
proposed to allow base stations in non-rural areas to operate at an 
effective isotropic radiated power (EIRP) of up to 1640 watts per 
megahertz. In addition, consistent with other broadband mobile services 
in nearby bands (e.g., AWS-1, AWS-3, and AWS-4, personal communications 
services (PCS), and 3.7 GHz), the Commission proposed to permit base 
stations in rural areas to operate with double the non-rural EIRP 
limit, with a maximum of 3280 watts per megahertz. Further, the 
Commission proposed, consistent with the rules adopted in the 3.7 GHz 
Service, that the adopted power spectral density limit would apply to 
emissions of all bandwidths, including those of less than one 
megahertz, to facilitate uniform power distribution across a licensee's 
authorized band regardless of whether it deploys wideband or narrowband 
technologies. In the Second Report and Order, the Commission adopts 
these proposals. Because advanced antenna systems often have multiple 
radiating elements in the same sector, these power limits will apply to 
the aggregate power of all antenna elements in any given sector of a 
base station, as proposed in the FNPRM. The Commission finds that these 
power levels will provide licensees with the flexibility to optimize 
their network designs for wide-area coverage while still enabling 
successful coexistence with incumbent and adjacent band operations.
    While the Commission agrees that the asymmetry in power levels 
between the 3.45 GHz Service and the Citizens Broadband Radio Service 
creates the potential for harmful interference, it finds that the 
protection mechanisms it adopts, including the out-of-band emissions 
limits adopted below, will minimize such interference. In particular, 
the Commission believes that harmful interference can be avoided 
through careful network planning and coordination among spectrum users, 
including through the requirement it adopts that 3.45 GHz Service 
licensees negotiate in good faith regarding requests from Citizens 
Broadband Radio Service users for technical information necessary to 
enable TDD synchronization among radio systems. The Commission expects 
operations in both bands to be diverse and complex, stemming from the 
use of unpaired blocks resulting in downlink and uplink occurring on 
the same frequencies, as well as dynamic access in the Citizens 
Broadband Radio Service. This means that base station power reductions 
to prevent intra- and inter-service interference will be commonplace, 
regardless of overall power limits imposed by the Commission. As a 
result, coordination between users within and across bands will be 
required for successful coexistence and efficient operation of systems 
in both bands. Such coordination will also facilitate continued 
effective environmental sensing capability (ESC) operation in and near 
a 3.45 GHz Service licensee's license area.
    The Commission expects 3.45 GHz Service licensees and Citizens 
Broadband Radio Service licensees,

[[Page 17929]]

Spectrum Access Systems, and ESCs to work together to ensure 
coexistence among systems at the edge of the band. Because the reliable 
operation of ESCs is essential to enabling spectrum access for 
licensees of the Citizens Broadband Radio Service, ESCs are subject to 
protection from harmful interference from adjacent-channel operations 
as licensee operations. Harmful interference caused to ESC operations 
will be considered harmful interference to a primary service under the 
Commission's rules and dealt with accordingly.
    Mirroring the approach adopted for the 3.7 GHz Service, the 
Commission also proposed to extend the same power spectral 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 
deployed. The Commission finds that this EIRP limit allows for 
flexibility in measurement, permitting testers to measure conducted 
power and apply the relevant antenna gain adjustment, as well as direct 
over-the-air EIRP measurement. This is consistent with how equipment 
certification testing is performed in other bands.
    Mobile Power.--The Commission adopts a 1 Watt (30 dBm) EIRP power 
limit for mobile devices, as proposed in the FNPRM and as adopted for 
the 3.7 GHz Service. The record is largely unanimous in supporting the 
proposal to align the mobile power limit for the 3.45 GHz Service with 
those of the 3.7 GHz Service. For the same reasons that the Commission 
adopts its proposed higher power levels in the case of base station 
power, it does so for mobile devices as well.
    The Commission finds that this mobile power limit will provide an 
adequate range for operation of different mobile and fixed broadband 
deployments across a wide variety of use cases. Additionally, this 
limit will permit operation of mobile power classes as outlined in the 
3GPP standards. The Commission also believes a 1 Watt limit is more 
appropriate for the 3.45 GHz Service than the lower limits imposed in 
the Citizens Broadband Radio Service due to the expected wider channels 
and the increased use of advanced antenna systems. As with base station 
power limits, the Commission believes that providing consistency 
between mobile 5G deployments in the 3.45 GHz Service and other bands 
that will be used for these operations is crucial for the band to reach 
its full potential. Given that mobile stations typically have low duty 
cycles and are power controlled by their base stations, the effect of 
mobile operations in the 3.45 GHz Service on operations in the Citizens 
Broadband Radio Service should be not be significant.
2. Out-of-Band Emissions
    Base Station Out-of-Band Emissions.--The Commission adopts base 
station out-of-band emission (OOBE) requirements based on the proposed 
limits from the FNPRM, which are similar to those in the AWS services 
and the 3.7 GHz Service. 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. Commenters support this proposal.
    Further, the FNPRM proposed a requirement that 3.45 GHz Service 
base stations meet an additional two-step limit of -25dBm/MHz and -
40dBm/MHz at the upper and lower band edges. These limits are 
consistent with the OOBE limits specified for the Citizens Broadband 
Radio Service (as implemented for 3GPP band n48). As the Commission 
noted in the FNPRM, these OOBE limits are intended to ensure effective 
coexistence with mission-critical Federal and other non-Federal 
services operating in the adjacent bands. The Commission adopts a two-
step limit, but modify it slightly from the original proposal.
    Specifically, in addition to the OOBE limits within the 3.45 GHz 
band, the following limits will apply:
     Equal or less than -13 dBm/MHz limit from edge of the band 
to 10 megahertz down (3440 MHz) and up (3560 MHz);
     Equal to or less than -25 dBm/MHz beyond the 10 megahertz 
offset from the band edge between 3440 and 3430 megahertz and between 
3560 and 3570 megahertz;
     Equal to or less than -40 dBm/MHz below 3430 megahertz and 
above 3570 megahertz.
    We summarize the Commission's final approach in Figure 2 below.

[[Page 17930]]

[GRAPHIC] [TIFF OMITTED] TR07AP21.024

    The Commission will continue to engage with NTIA and other Federal 
partners, as well as other stakeholders, on whether there are 
opportunities to relax this approach while still providing sufficient 
protection to incumbent users. Moreover, the Commission's decision is 
specific to the 3.45 GHz band and it takes no position on whether the 
two-step limit adopted here will be required to protect incumbent users 
in any future proceedings.
    Further, while the Commission acknowledges the concerns raised by 
some commenters about the impact of OOBE on ESCs in the Citizens 
Broadband Radio Service, it believes the lower emissions limits adopted 
will sufficiently protect ESC operations.
    Mobile Out-of-Band Emissions.--As with base station OOBE limits, 
the Commission adopts mobile emission limits similar to its standard 
emission limits that apply to mobile services. Specifically, mobile 
units must suppress the conducted emissions to no more than -13 dBm/MHz 
outside their authorized frequency band. Most commenters agree with the 
proposed OOBE limits for mobile stations. The Commission finds that 
stricter limits, such as those used in Citizens Broadband Radio Service 
to protect the FSS incumbents, are not warranted here because the 
impact of mobile stations on both commercial and Federal systems in 
adjacent bands should be insignificant.
    Emission Measurement.--For determining OOBE, the Commission applies 
the part 27 measurement procedures and resolution bandwidth that are 
used for AWS devices outlined in Sec.  27.53(h), with a slight 
refinement. 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. The Commission refines the measurement procedure to specify 
the use of a resolution bandwidth such that, at the 1 megahertz bands 
immediately outside and adjacent to the licensee's frequency block, a 
resolution bandwidth of at least 1% of the emission bandwidth--but 
limited to a maximum of 200 kilohertz--may be employed.

3. Measures To Minimize Effects on Adjacent Channel Operations

    Protection of Ongoing Federal Operations in the 3.55-3.65 GHz 
Band.--As the Commission noted in the FNPRM, the new 3.45 GHz Service 
will be adjacent to Federal inland and shipborne radar operations in 
the 3.55-3.65 GHz portion of the 3.5 GHz band. Because these Federal 
systems often operate in a mobile manner, the Cooperative Planning Area 
and Periodic Use Area model the Commission adopts for in-band 
interference mitigation will not be effective at providing protection 
to ongoing Federal operations in the adjacent 3.5 GHz band.
    The Commission believes that the OOBE limits it adopts above will 
provide significant protection from harmful interference for these 
operations, but that additional measures may be necessary to ensure 
that flexible-use operations at the upper edge of the 3.45 GHz band do 
not cause harmful interference to these critical Federal operations, 
particularly in the form of aggregate interference. For that reason, 
the Commission sought comment in the FNPRM on whether additional 
protection measures are necessary.
    Given the uncertainty and need for licensee cooperation with 
Federal users, the Commission believes that the best way to address 
this issue will be through the workshops between the DoD and industry, 
as well as through the ongoing coordination efforts that will arise 
from those workshops. The Commission anticipates that these flexible, 
collaborative discussions will lead to the development of the most 
innovative and least burdensome methods for preventing harmful 
interference to adjacent Federal operations, balancing deployment 
flexibility and reliability.
    Protection of Ongoing Federal Operations below 3.45 GHz.--The 
Commission expects that dynamic spectrum use by Federal users will

[[Page 17931]]

continue below 3.45 GHz in the form of airborne, shipborne, and ground-
based radars. As with protection of radar systems in the 3.55-3.65 GHz 
band, the Commission believes interference mitigation for DoD systems 
below 3.45 GHz is best handled as part of future workshops and active 
coordination efforts between industry and the DoD, rather than through 
proscriptive rules adopted at this stage.
4. Other Technical Rules
    Field Strength Limit and Market Boundaries.--As proposed in the 
FNPRM, 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, and it also permits licensees 
operating in adjacent geographic areas to voluntarily agree to higher 
levels at their common boundaries.
    Antenna Height Limits.--Consistent with the proposal in the FNPRM, 
the Commission will not restrict antenna heights for 3.45 GHz band 
operations beyond the requirements necessary to ensure physical 
obstructions do not impact air navigation safety. This approach is 
consistent with part 27 AWS rules, which generally do not impose 
antenna height limits on antenna structures, and is supported by the 
record.
    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 field strength limits at service 
boundaries 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 3.45 GHz Service. Further, 
the Commission believes that such limits would have limited practical 
effect because it expect that licensees generally will deploy systems 
predicated on lower tower heights and increased cell density, in order 
to achieve 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 field strength limit at service 
area boundaries the Commission adopts here will ensure that adjacent 
area licensees are protected from harmful interference; licensees 
wishing to use higher antennas must ensure that they do not exceed 
these limits and cause harmful interference to other licensees. The 
Commission notes, however, that antenna heights may need to be reduced 
as part of coordination within Cooperative Planning Areas and Periodic 
Use Areas in order to protect Federal operations.
    Canadian and Mexican Coordination.--The Commissions adopt the 
proposal from the FNPRM to apply Sec.  27.57(c) of the Commission's 
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, licensed operations must not cause 
harmful interference across the border, consistent with the terms of 
the international 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.
    General Part 27 Rules.--As proposed in the FNPRM, the Commission 
applies all general part 27 rules to all 3.45 GHz Service licenses, 
including those acquired through partitioning or disaggregation. 
Specifically, the Commission applies to the 3.45 GHz Service Sec. Sec.  
27.51 (equipment authorization), 27.52 (RF safety), 27.53(i) 
(protection of adjacent channels), 27.54 (frequency stability), 27.56 
(antennas structures; air navigation safety), and 27.63 (disturbance of 
AM broadcast station antenna patterns). The record supports this 
decision, and the application of these general wireless service rules 
will further the standardization of the 3.45 GHz Service with other 
commercial wireless services and promote cross-band operability in 
order to ensure a robust equipment market for licensees and streamline 
regulatory compliance.
    As the Commission has done for other bands governed by part 27 
services since 2014, the Commission also requires client devices to be 
capable of operating across the entire 3.45 GHz band. Specifically, the 
Commission adds the 3.45 GHz band to Sec.  27.75 of its rules, which 
requires mobile and portable stations operating in the other flexible-
use wireless bands to be capable of operating across the entire 
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.

E. Licensing and Operating Rules; Regulatory Issues

    As required by the Beat CHINA for 5G Act of 2020, and as part of 
the Commission's broader comprehensive mid-band strategy to advance 5G 
networks, the Commission generally aligns the licensing and operating 
rules for the 3.45 GHz Service with other flexible-use services under 
the part 27 rules. If and when areas outside the contiguous United 
States are made available by the DoD, and if PEAs were subsequently 
licensed by the Commission, these same licensing rules adopted below 
would apply.
1. Eligibility
    As the Commission proposed in the FNPRM, it adopts an open 
eligibility standard for licenses in the 3.45 GHz Service, consistent 
with established Commission practice. This open eligibility standard 
does not affect required qualifications, such as citizenship, 
character, alien ownership, or other generally applicable 
qualifications that may apply under the Commission's rules. The only 
commenter to address this issue, T-Mobile, supports the Commission's 
proposal. This standard will encourage the development of new 
technologies, products, and services, while helping to ensure efficient 
use of this spectrum. The Commission will apply the ineligibility 
provision of the part 27 rules, however, under which a person who, for 
reasons of national security, has been barred by any agency of the 
Federal Government from bidding on a contract, participating in an 
auction, or receiving a grant is ineligible to hold a license that is 
required by the Spectrum Act to be assigned by a system of competitive 
bidding under section 309(j) of the Communications Act.
2. Mobile Spectrum Holding Policies
    After careful consideration of the record, and in the Commission's 
expert judgment, the Commission finds that it is appropriate to adopt a 
bright-line, pre-auction limit of 40 megahertz in the 3.45 GHz band, in 
line with what a diverse group of commenters have proposed. The 
Commission agrees that adopting an in-band spectrum aggregation limit 
will effectively balance the statutory objectives informing the 
Commission's design and implementation of competitive bidding systems 
because this limit will, for example, help to promote spectrum access 
and encourage competition in the provision of 5G services, while still 
supporting the efficient and intensive use of spectrum. Specifically, 
the Communications Act requires the Commission to examine closely the 
impact of spectrum aggregation on competition, innovation, and the 
efficient use of spectrum to ensure that spectrum is assigned in a 
manner that serves the public interest, convenience,

[[Page 17932]]

and necessity. Section 309(j)(3) of the Act provides that, in designing 
systems of competitive bidding, the Commission must ``include 
safeguards to protect the public interest in the use of the spectrum,'' 
and must seek to promote various objectives, including ``promoting 
economic opportunity and competition and ensuring that new and 
innovative technologies are readily accessible to the American people 
by avoiding excessive concentration of licenses and by disseminating 
licenses among a wide variety of applicants,'' and promoting the 
``efficient and intensive use'' of spectrum. 47 U.S.C. 309(j)(3). 
Furthermore, for auctions like this one that are subject to the CSEA, 
the Commission must promote the objective of the recovery of 110 
percent of estimated relocation or sharing costs as provided to the 
Commission by NTIA and Federal users; without meeting the reserve 
price, the Commission cannot conclude the auction. The Commission finds 
that this pre-auction spectrum limit it adopts will meet the 
Commission's objectives for this band more effectively than the 
proposed case-by-case review of post-auction long-form applications.
    The Commission acknowledges that it has come to somewhat different 
conclusions about the application of pre-auction, in-band spectrum 
aggregation limits to different bands at different times. The 
Commission's balancing of the various section 309(j) factors in 
determining whether and what limits to apply in this band reflects, in 
part, the importance Congress assigned to rapid deployment of this 
particular band and the timetable set forth in the Beat CHINA for 5G 
Act. By replacing case-by-case review with a bright-line ex ante limit, 
the Commission will be able to expedite the licensing of, and 
deployment by, winning bidders. This approach also reflects the 
Commission's increased emphasis on the statutory factor of promoting 
dissemination of licenses among a wider variety of applicants, 
particularly in the rollout of the next generation of wireless 
broadband service that is expected to play a much greater role in the 
nation's economy. In this situation, a pre-auction limit of 40 
megahertz effectively balances these statutory factors.
    More specifically, while the Commission did not adopt pre-auction 
limits in the AWS-3 band, the 3.7 GHz band, or in the Spectrum 
Frontiers proceedings, for the various reasons discussed therein, it 
did establish such limits in other proceedings, based on the assessment 
that, under the operative circumstances there, such limits would serve 
the public interest. For example, it established a spectrum reserve of 
up to 30 megahertz in the 600 MHz Broadcast Incentive Auction to ensure 
against excessive concentration of below-1-GHz spectrum. In the CBRS 
3.5 GHz band auction, the Commission set a 40 megahertz limit on the 
aggregation of PALs in order to ensure against excessive concentration 
within that band, particularly given the unique dynamic sharing scheme 
in that band, which included Federal and non-Federal sharing. The 3.45 
GHz band also will involve a mechanism for sharing by Federal and non-
Federal users in specific areas. The Commission finds that, on balance, 
the public interest is best served by adopting such a pre-auction 
spectrum aggregation limit in the 3.45 GHz band. The Commission 
concludes that a limit of 40 megahertz out of the total of 100 
megahertz in the context of the 3.45 GHz band will facilitate 
competitive access, promote innovation, and lead to a greater diversity 
of bidders, while at the same time ensuring that the reserve price is 
met.
    In addition, in order to prevent any post-auction undermining of 
in-band limits, and the balancing of statutory factors that they 
further, the Commission retains the 40 megahertz cap for four years 
following the auction. The Commission acknowledges that its public 
interest goals in adopting a bright-line limit for this band could be 
undermined if entities that win 40 megahertz of spectrum at auction 
could then acquire more 3.45-3.55 GHz spectrum post-auction in the 
secondary market. While the Commission has a general policy of 
promoting flexibility in secondary market transactions, the Commission 
finds that adopting a holding period of four years, which correlates to 
the first performance benchmark for 3.45 GHz Service licensees, 
appropriately balances its public interest goals in setting the pre-
auction limit while still retaining flexibility in the secondary market 
over the medium term. Accordingly, the Commission concludes that no 
entity can hold more than 40 megahertz of 3.45-3.55 GHz spectrum for a 
period of four years after conclusion of the auction.
    In the mobile wireless marketplace, the Commission has consistently 
defined the product market as a combined ``mobile telephony/broadband 
services'' market that is comprised of mobile voice and data services, 
including mobile voice and data services provided over advanced 
broadband wireless networks. In this item, the Commission adopts 
flexible-use rules to enable just that--terrestrial mobile use of this 
spectrum for the deployment of 5G and other upcoming advanced wireless 
services.
    Spectrum is an essential input into that provision of wireless 
services, and for that reason, the Commission has applied a spectrum 
screen in evaluating proposed secondary market transactions involving 
spectrum in order to help identify those transactions that raise 
competitive concerns due to excessive concentration of spectrum. As 
such, given that the 3.45 GHz band will become suitable and available 
in the near term for the provision of mobile telephony/broadband 
services, the Commission finds that including this 100 megahertz of 
spectrum in the 3.45 GHz band in the input market for spectrum best 
supports the public interest. The Commission finds that the 3.45 GHz 
spectrum is suitable and available for the provision of mobile wireless 
services in the same manner as other spectrum bands that currently are 
included in the Commission's spectrum screen as applied to secondary 
market transactions. Accordingly, the Commission will add these 100 
megahertz to the spectrum screen once the auction closes. Most 
commenters support this approach.
    The Commission notes the main purpose of the spectrum screen is to 
act as an analytical tool in helping to identify those markets in 
which: (1) There could be an increased likelihood that rival service 
providers or potential new entrants would be foreclosed from expanding 
capacity, deploying mobile broadband technologies, or entering the 
market; and (2) rivals' costs could be increased to the extent that 
they would be less likely to compete robustly. As such, what is 
critical is whether the spectrum is suitable and available in the near 
term, and not whether it is currently deployed. The Commission finds 
that the 100 megahertz of 3.45-3.55 MHz spectrum will be suitable and 
available upon conclusion of the auction, and therefore, should be 
included in the spectrum screen at that point. Taken together, the pre-
auction spectrum aggregation limit and four-year prohibition on 
transfers of 3.45 GHz Service licenses will help promote diversity in 
bidders while allowing flexibility to engage in secondary market 
transactions in time, and the inclusion of the spectrum in the spectrum 
screen will further the Commission's interest in continuing to monitor 
for excessive concentration of spectrum holdings across all bands 
suitable and available for the provision of mobile wireless services.

[[Page 17933]]

3. Geographic Licensing
    Use of Geographic Licensing.--Consistent with the Commission's 
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 3.45 GHz Service on an exclusive, geographic area basis. 
Geographic area licensing provides flexibility to licensees, promotes 
efficient spectrum use, and facilitates rapid assignment of licenses 
when using competitive bidding because mutually exclusive applications 
are received. There is wide support in the record for licensing the 
3.45 GHz 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.
    Geographic License Area.--In the FNPRM, the Commission proposed to 
issue licenses on a PEA basis for the 3.45 GHz Service. Based on the 
record and consistent with the Commission's proposal, the Commission 
finds that PEAs are the appropriate license area for the technical 
rules it adopts in this band. In particular, the Commission agrees with 
commenters that, given its decision to adopt higher-powered operation 
in this band, PEAs will better assist carriers in making the most of 
the capabilities of 5G networks and encourage investment in furtherance 
of the goals found in section 303(y) of the Communications Act. These 
higher power levels allow larger coverage areas and encourage providers 
to take advantage of macro-cell deployments where possible, which are 
better suited to PEAs than a smaller license area. T-Mobile notes in 
particular that higher power levels combined with PEA license areas 
will promote service in rural areas.
    Similarly, the availability of spectrum aggregation across other 
bands with similar technical rules make PEAs a better choice for the 
3.45 GHz Service. The 3.7 GHz band, as well as several other recently 
licensed services, are licensed on a PEA basis, and the Commission 
finds that the goal of facilitating 5G service in the 3.45 GHz band is 
best served by aligning the band's rules with those of these bands.
    For this reason, the Commission is not persuaded that it should 
license the 3.45 GHz band by counties or by census tracts. While the 
Commission recognizes that there are benefits of smaller license areas 
as a general matter, it declines to adopt license areas smaller than 
PEAs for the 3.45 GHz band, given its decision to allow higher-powered 
operations in this band.
    Non-CONUS Geographies and the Gulf of Mexico.--As was noted in the 
FNPRM, the AMBIT efforts focused on licensing the 3.45 GHz band within 
the contiguous United States only, and for that reason the Commission 
proposed to exclude Alaska, Hawaii, and the U.S. Territories from 3.45 
GHz band licensing at this time. NTIA recently affirmed that the Gulf 
of Mexico should not be considered for auction at this time. While the 
DoD may conduct further analysis at a later date, its transition plans 
filed with NTIA do not include areas outside of the contiguous United 
States or the Gulf of Mexico. As such, the Commission will not issue 
3.45 GHz Service licenses in Alaska, Hawaii, the U.S. Territories, or 
the Gulf of Mexico at this time. While many commenters urge the 
Commission to license this and other mid-band spectrum in areas outside 
the contiguous United States, the Commission believes it would be 
premature and unwise for it to move beyond the AMBIT agreement in 
licensing the 3.45-GHz band in areas where the DoD has not committed to 
clearing or coordinating in the band to allow for its use.
    The Commission recognizes, however, that over time more areas may 
become available for 3.45 GHz band use. In the FNPRM, the Commission 
noted that additional analysis by NTIA and the DoD, in cooperation with 
industry stakeholders may identify additional Cooperative Planning 
Areas and Periodic Use Areas outside the contiguous United States. To 
take advantage of any such future analysis that takes place, the 
Commission sought comment on whether it should delegate authority to 
the Wireless Telecommunications Bureau and the Office of Engineering 
and Technology to make any future adjustments to these areas as they 
deem appropriate and several commenters support the Commission doing 
so. In order to maximize future opportunities for 3.45 GHz band access, 
including in areas not otherwise licensed by the Commission's rules, 
such as PEAs in Alaska, Hawaii, the Gulf of Mexico, and other areas 
outside the contiguous United States, the Commission therefore 
delegates authority to the Wireless Telecommunications Bureau and the 
Office of Engineering and Technology, in coordination with NTIA, to 
create additional Cooperative Planning Areas and Periodic Use Areas as 
necessary to facilitate commercial network expansion into areas outside 
the contiguous United States. These new areas may be created upon 
notification from NTIA that non-Federal operations can occur, either 
alongside ongoing Federal operations or in areas cleared of those 
operations. The Commission further authorizes the Wireless 
Telecommunications Bureau and the Office of Economics and Analytics to 
consider applications and assign licenses for the PEAs associated with 
such additional Cooperative Planning Areas and Periodic Use Areas 
consistent with the licensing, technical, and competitive bidding rules 
the Commission is adopting, as such new areas are created for the 3.45 
GHz band. Insofar as it becomes necessary to authorize non-Federal 
fixed and mobile (except aeronautical mobile) operations in these new 
license areas on the basis of rules that differ from the rules adopted 
here, the Commission delegates authority to the Wireless 
Telecommunications Bureau and Office of Engineering and Technology to 
conduct a rulemaking proceeding to make necessary changes to 
accommodate Federal operations and impose requirements on licenses for 
those new areas as needed.
4. License Term and Renewal
    License Term.--In the FNPRM, the Commission proposed 15-year 
license terms for the 3.45 GHz Service, which would be consistent with 
those adopted for the 3.7 GHz Service. As with the 3.7 GHz Service, the 
Commission believes that additional time for licensees to engage in, 
and recoup costs for, long-term investments may be necessary here given 
the need to coordinate Federal spectrum usage in this band with 
affected licensees. The Commission adopts its proposal to grant 3.45 
GHz Service licenses for 15-year terms. Commenters widely support a 15-
year license term. The Commission finds that the application of its 
standard 15-year license term for flexible-use licenses to the 3.45 GHz 
Service supports its overall goal of providing uniform licensing rules 
for this band and other flexible-use bands that predominantly host 
next-generation wireless networks. The Commission also agree with U.S. 
Cellular Corporation that providing sufficient time for licensees to 
realize reasonable returns on their investments is particularly 
important for spurring investment in rural areas, where returns on 
investment take longer to achieve as a result of lower population 
densities in such areas.
    Renewal.--As proposed in the FNPRM, the Commission will apply its 
general part 27 renewal requirements for wireless licenses to the 3.45 
GHz Service, as the Commission has for the

[[Page 17934]]

3.7 GHz Service and the Citizens Broadband Radio Service. The 
Commission will include the 3.45 GHz Service in the unified renewal 
framework for Wireless Radio Services. This means that 3.45 GHz Service 
licensees must comply with Sec.  1.949 of the Commission's rules and 
demonstrate that, over the course of their license term, they either 
(1) provided and continue to provide service to the public, or (2) 
operated and continue to operate the license to meet the licensee's 
private, internal communications needs. Satisfaction with this 
requirement may be demonstrated either through the renewal showing in 
paragraph (f) of that rule or the relevant safe harbor found in 
paragraph (e).
    As with other licensing rules the Commission adopts in this item, 
the Commission finds that the application of this renewal standard to 
the 3.45 GHz Service will help create uniform licensing rules for 
across flexible-use bands likely to host next-generation wireless 
networks. The Commission believes the likely use of this band for 5G 
and other wireless broadband services is well-suited to this renewal 
framework. Commenters support applying part 27 renewal rules to the 
3.45 GHz Service.
5. Performance Requirements
    Traditional Performance Benchmarks.--In addition to adopting 
renewal standards, the Commission also establishes performance 
requirements to ensure that spectrum is used intensely and efficiently. 
Performance requirements play a critical role in ensuring that licensed 
spectrum does not lie fallow. The Commission has applied different 
performance and construction requirements to different bands on a case-
by-case basis, based on the unique circumstances surrounding deployment 
in that spectrum.
    In the FNPRM, the Commission proposed that 3.45 GHz Service 
licensees offering mobile or point-to-multipoint service 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 at least 80% of 
the population in each of their license areas within 12 years of the 
license issues date (second performance benchmark). For licensees 
providing fixed service, it proposed that they must demonstrate within 
eight years of the license issue date that they have four links 
operating and are providing service where the population within each 
license area is equal to or less than 268,00 people; where population 
within the license area is greater than 268,000, it must show that at 
least one link is in operation and providing service, either to 
customers or for internal use, for every 67,000 persons within a 
license area (first performance benchmark). By 12 years after the 
license issue date, the Commission proposed that point-to-point 
licensees must 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, or if the population is greater 
than this, that it is providing service and has at least two links in 
operation per every 67,000 persons within a license area (second 
performance benchmark).
    For the 3.45 GHz Service, the Commission determines that 
accelerated performance requirements, as compared to what was proposed 
in the FNPRM, are appropriate. While the Commission maintains the 
proposed signal coverage and link benchmarks, it reduces the timelines 
under which 3.45 GHz Service licensees must meet the first and second 
benchmarks. Specifically, 3.45 GHz Service licensees must meet the 
first performance benchmark at four years after the license issue date 
and must meet the second performance by at eight years after the 
license issue date. The Commission finds the four- and eight-year 
timeline will better serve the public interest for several reasons.
    First, the 3.45 GHz band is not necessarily ``greenfield'' 
spectrum, a fact that the Commission has considered when it has adopted 
longer performance requirement deadlines. Rather, much of the 3 GHz 
band--including the 3.45 GHz band--has already been allocated for 5G 
use globally, with standard setting and global harmonization well 
underway and the technology for 5G deployment in the 3.45-3.55 GHz band 
is already available in the marketplace. As discussed above, 3GPP has 
specified two spectrum operating bands for 5G that overlap with the 
3.45 GHz band: Band n77 (3.3-4.2 GHz) and band n78 (3.3-3.8 GHz). The 
Commission believes that the potential for economies of scale in the 
deployment of equipment in this band and adjacent bands can facilitate 
the widespread deployment of devices and services in this band in the 
near-term. As a result, the Commission anticipates that licensees can 
meet its revised performance benchmark deadlines.
    Second, the Commission believes that these reduced timelines will 
better encourage robust investment and deployment and ensure that this 
valuable mid-band spectrum does not lie fallow. As discussed, the 
Commission is working swiftly to be ready to auction this spectrum in 
2021 and it has set aggressive timelines for the clearing of secondary, 
non-Federal incumbents; and the DoD is similarly working quickly to 
prepare this band for rapid deployment. In addition, the Commission 
believes that its more aggressive performance timelines will further 
the clear Congressional intent in the Beat CHINA for 5G Act of 2020 not 
only to make this spectrum available to industry, but also to position 
it for rapid deployment. Making the most of these efforts requires 3.45 
GHz licensees to be similarly focused on building out these networks as 
quickly as possible. Third, such aggressive timelines for deployment 
have been applied to mid-band spectrum before, most recently in the 2.5 
GHz band, where the Commission noted that the critical role of mid-band 
spectrum in today's spectrum environment warrants such an approach.
    Internet-of-Things (IoT) Performance Benchmarks.--In the FNPRM, the 
Commission also proposed to adopt the IoT alternate performance 
requirements used for the 3.7 GHz Service to give licensees the 
flexibility to provide services potentially less suited to a population 
coverage metric. Specifically, the Commission proposed that 3.45 GHz 
Service licensees providing IoT-type services could demonstrate that 
they offer geographic area coverage of 35% of the license area at the 
first performance benchmark 65% of the license area at the second 
performance benchmark.
    The Commission adopts the proposed alternative IoT performance 
metrics but reduce the timeline under which 3.45 GHz Service licensees 
must meet them, consistent with the timeline it adopts for traditional 
performance benchmarks. For the same reasons that the Commission 
reduces the timeline for meeting the first and second population 
coverage and link-based benchmarks, it likewise reduces the timeline 
for meeting the alternative IoT performance benchmarks to four and 
eight years after the license issues date, respectively.
    Failure to Meet Performance Requirements.--Alongside the 
performance benchmarks the Commission adopts, it also adopts meaningful 
and enforceable penalties for failing to meet those benchmarks. In the 
FNPRM, the Commission proposed that, in the event a licensee fails to 
meet the first performance benchmark, its second benchmark and license 
term would be reduced by two years, thereby requiring it to meet the 
second performance benchmark two years sooner and its license term 
would be

[[Page 17935]]

reduced by two years. If a licensee fails to meet the second 
performance benchmark, the Commission proposed that its authorization 
for each license area in which it fails to meet the performance 
requirement would terminate automatically without Commission action.
    Given the four- and eight-year timeline the Commission has adopted, 
the Commission modifies slightly this proposal. Accordingly, if the 
3.45 GHz Service licensee fails to meet the first performance benchmark 
(at four years), its second benchmark period will be reduced by one 
year (i.e., must be met at seven years after the issues date). 
Similarly, failure to meet the first performance benchmark will 
likewise reduce the license term by one year--i.e., the license term 
would be reduced to 14 years. Consistent with the FNPRM, if a 3.45 GHz 
Service licensee fails to meet the second performance benchmark, its 
authorization for each license area in which it fails to meet the 
performance requirements will terminate automatically without 
Commission action.
    The Commission also adopts its proposal that, in the event a 3.45 
GHz Service licensee's authority to operate terminates, its spectrum 
rights should become available for reassignment pursuant to the 
competitive bidding provisions of section 309(j). 47 U.S.C. 309(j). 
Consistent with the Commission's rules for other part 27 licenses, any 
3.45 GHz Service licensee that forfeits its license for failure to meet 
its performance requirements shall be precluded from regaining that 
license.
    Compliance Procedures.--As it did in the 3.7 GHz Service, the 
Commission in the FNPRM proposed to require 3.45 GHz Service licensees 
to submit electronic coverage maps that accurately depict both the 
boundaries of each licensed area and the coverage boundaries of the 
actual areas to which the licensee provides service or, in the case of 
a fixed deployment, the locations of the fixed transmitters associated 
with each link. The Commission adopts this proposal. Each coverage 
filing must include supporting documentation certifying the type of 
service that the licensee 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. Consistent with the Commission's proposed rule, 
to demonstrate compliance with these performance requirements, 
licensees must use the most recently available decennial U.S. Census 
Data at the time of measurement and must base their measurements of 
population or geographic area served on areas no larger than the Census 
Tract level.
6. Licensed-By-Rule Use
    In the FNPRM, the Commission sought comment on potentially 
authorizing ``license-by-rule'' operations in the 3.45 GHz band. It 
noted that such opportunistic use of spectrum is permitted in the 
General Authorized Access tier of the adjacent Citizens Broadband Radio 
Service. The Commission asked whether this should be permitted 
generally or where not all spectrum licenses are sold at auction. The 
Commission asked commenters to explain the effect of allowing such 
operations on the Commission's efforts to ensure adequate protection of 
incumbent and licensee operations from harmful interference, and 
whether a database or other coordination techniques would create 
unnecessary burdens on licensees or hinder incumbent protection.
    Some commenters support this proposal and note that opportunistic 
access can help to ensure this spectrum is put to immediate and 
intensive use. Indeed, in the Commission's Report & Order establishing 
the Citizens Broadband Radio Service, the Commission stated that 
``permitting opportunistic access to unused Priority Access channels 
would maximize the flexibility and utility of the 3.5 GHz Band for the 
widest range of potential users'' and ``ensure that the band will be in 
consistent and productive use.'' Amendment of the Commission's Rules 
with Regard to Commercial Operations in the 3550-3650 MHz Band, GN 
Docket No. 12-354, Report and Order, 80 FR 36164, June 23, 2015, and 
Second Further Notice of Proposed Rulemaking, 80 FR 34119, June 15, 
2015, 30 FCC Rcd 3959, 3983, para. 72 (2015). Thus, the Commission has 
not only authorized opportunistic use of locally unused spectrum in the 
adjacent CBRS band but also by unlicensed TV White Space operations in 
the 600 MHz band. These comments make clear, however, that implementing 
opportunistic use would require the use of some type of automated 
frequency coordination mechanism, such as the Spectrum Access System 
that is used in the Citizens Broadband Radio Service, and many 
commenters oppose such a mechanism because of the reporting burden it 
places on licensees. Although Spectrum Access Systems have coordinated 
opportunistic use of locally unused spectrum in other bands, the 
Commission declines to adopt this approach in the 3.45 GHz band at this 
time.
    In the Citizens Broadband Radio Service band, Federal incumbent use 
is constantly changing, requiring a dynamic spectrum sharing 
environment and using automated coordination mechanisms to enable that 
environment. This approach allows the provision of a General Authorized 
Access tier without imposing additional requirements on Priority Access 
Licensees. Here, because the DoD and the Commission have worked 
collaboratively on a different sharing regime in the band, the limited 
Federal operations that remain indefinitely in the band will not 
require dynamic spectrum sharing. The goal shared by the Commission and 
the Executive Branch, including the DoD, has been to minimize 
requirements on licensees to coordinate their operations with third-
party systems, thereby allowing maximum opportunities for flexibility 
in deployment and operational design. Permitting licensed-by-rule 
operations would require implementing coordination mechanisms similar 
to the Spectrum Access Systems found in the Citizens Broadband Radio 
Service. In light of the work that the DoD has done to plan for 
clearing the band, and the Commission's statutory mandate to begin a 
system of competitive bidding to auction some or all of the 3.45 GHz 
band by December 31, 2021, the Commission declines to permit licensed-
by-rule operations at this time.
    Similarly, based on the framework developed for this band, 
permitting licensed-by-rule operations near Cooperative Planning Areas 
and Periodic Use Areas would limit the ability of the DoD to work 
directly with licensees to ensure continued access as needed while 
minimizing the burden on commercial wireless operations. The DoD's work 
on determining the boundaries of these areas relies on its ability to 
cooperate with licensees to design and plan its use of the 3.45 GHz 
band. Although different coordination or exclusion areas might be 
designed in the future to accommodate opportunistic use enforced by a 
Spectrum Access System or similar mechanism, the Commission declines at 
this time to adopt any proposal that would involve licensed-by-rule use 
in this band. Nevertheless, the Commission recognizes that there may be 
potential opportunities in the future to consider steps it might take, 
in cooperation with NTIA and other Federal partners, to effect an 
overall

[[Page 17936]]

rationalization of the non-Federal services in the 3 GHz band.

F. Competitive Bidding Rules

    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. Consistent with the 
competitive bidding procedures used by the Commission in previous 
auctions, the Commission adopts the proposal in the FNPRM 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. These part 1 rules govern competitive bidding 
design, application and certification procedures, reporting 
requirements, and the prohibition on certain communications regarding 
the auction. In addition, the part 1 rules address designated entity 
preferences and unjust enrichment, and provide a framework for the 
auction process. The commenters that address this issue generally 
support the proposal. Consistent with the part 1 rules, the Commission 
separately considers a Public Notice seeking comment on procedures for 
an auction of new licenses in this band, thereby beginning the separate 
pre-auction process. See Auction of Flexible-Use Service Licenses in 
the 3.45-3.55 GHz Band for Next-Generation Wireless Services; Comment 
Sought on Competitive Bidding Procedures for Auction 110, AU Docket No. 
21-62, Public Notice, FCC 21-33 (2021) (Mar. 17, 2021), which is 
published elsewhere in this issue of the Federal Register.
    Given the record and the Commission's experience in successfully 
conducting auctions pursuant to the part 1 rules, the Commission adopts 
the 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 here 
as well. If and when areas outside the contiguous United States are 
made available by the DoD, the part 1 rules would similarly apply to 
any PEAs licensed by competitive bidding in those areas.
    As the Commission observed in the FNPRM, under the Commercial 
Spectrum Enhancement Act (CSEA), Federal entities operating on certain 
frequencies that have been reallocated from Federal to co-primary 
Federal and non-Federal use and assigned by the Commission through 
auction are eligible for reimbursement for the cost of relocating or 
sharing their operations. In order to provide for such reimbursement, 
the Communications Act requires that the ``total cash proceeds'' from 
the auction of these frequencies must equal at least 110% of the 
estimated relocation or sharing costs of incumbent Federal operations. 
Based on the current allocation of the 3.45 GHz band for uses by the 
DoD and the DoD's planned sharing arrangements and relocation of some 
operations out of the band to make way for commercial use as part of 
the AMBIT agreement, this spectrum qualifies as eligible frequencies 
under the CSEA. Accordingly, the reserve price for any auction of 3.45 
GHz band licenses at a minimum will be 110% of expected Federal 
relocation costs, based on the estimate of relocation costs provided to 
the Commission by NTIA consistent with the CSEA. In the public notice 
seeking comment on procedures for an auction of new licenses in this 
band being separately considered, the Commission seeks comment on 
setting that aggregate reserve price at $14,775,354,300.
    Designated Entity Provisions.--In the FNPRM, the Commission sought 
comment on whether to offer bidding credits to designated entities in 
any auction of new licenses in this band. When authorizing the 
Commission to use competitive bidding, Congress required 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 Commission's 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 services.
    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, Implementation 
of Section 309(j) of the Communications Act--Competitive Bidding, PP 
Docket No. 93-253, Second Memorandum Opinion and Order, 59 FR 44272, 
August 26, 1994, 9 FCC Rcd 7245, 7269, para. 145 (1994); see also 47 
CFR 1.2110(c)(1), 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, 
Updating Part 1 Competitive Bidding Rules, WT Docket No. 14-170, Report 
and Order, 80 FR 56764, September 18, 2015, 30 FCC Rcd 7493, 7521, 
para. 145 (2015), and the more recent Competitive Bidding Update Report 
and Order, Amendment of Part 1 of the Commission's Rules--Competitive 
Bidding Procedures, WT Docket No. 97-82, Third Report and Order, 63 FR 
2315, January 15, 1998, 13 FCC Rcd 374, 388, para. 18 (1997), the 
Commission, while standardizing many auction rules, determined that it 
would continue to use a service-by-service approach to defining small 
businesses. In the FNPRM, the Commission proposed to adopt bidding 
credits for the larger two of the three designated entity business 
sizes provided in the part 1 rules.
    In adopting competitive bidding rules for other spectrum bands that 
will be used for 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 3.7 GHz band. These two 
small business definitions are the higher two of the three small 
business average gross revenues thresholds in the Commission's 
standardized schedule of bidding credits.
    The Commission adopts the proposal in the FNPRM to apply the two 
small business definitions with higher average gross revenues 
thresholds to auctions of overlay licenses in the 3.45 GHz band. 
Accordingly, an entity with average annual gross revenues for the 
preceding five years not exceeding $55 million will qualify as a 
``small business,'' while an entity with average annual gross revenues 
for the preceding five years 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. Furthermore, by adopting thresholds that are not overly 
inclusive of qualified bidders, the Commission preserves the 
effectiveness of designated entity benefits for the parties that the 
Commission's

[[Page 17937]]

designated entity rules are intended to benefit.
    The Commission also adopts the proposal in the FNPRM 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, supported by the Wireless internet Service 
Providers Association (WISPA), 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.
    Rural Service Providers.--In the FNPRM, 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.'' WISPA supports this proposal as consistent with 
the Commission's approach in other flexible-use bands.
    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 in auctions of new licenses in 
this band.

G. Relocation of Secondary Non-Federal Radiolocation Operations

1. Timing of Relocation
    In the Report and Order, the Commission determined that secondary 
radiolocation licensees would be relocated to the 2.9-3.0 GHz band. In 
the FNPRM, it proposed that authorization for these secondary, non-
Federal radiolocation operations in the to-be-cleared spectrum would 
cease on a date consistent with the first possible grant of flexible-
use authorizations to new users in the band. As an example, the 
Commission noted that a licensing scheme that would result in an 
auction would see non-Federal radiolocation use sunset within 90 days 
of the close of the auction, because that date is ``consistent with the 
first possible grant of flexible-use authorizations.''
    NBCUniversal and Nexstar Broadcasting argue that 90 days after the 
auction closes is insufficient for them to take the steps needed 
relocate their Doppler radar systems. For example, NBCUniversal 
projects that it will take 18 months total for its transition given the 
production and procurement of equipment needed to transition 
NBCUniversal's four Doppler weather radar sites to the 2.9-3.0 GHz 
band, labor to manufacture and install new equipment, and equipment 
certification testing for its new operations. Nexstar projects that its 
transition will take 12-15 months for its one radar system. 
NBCUniversal and Nexstar argue that they should be permitted to 
continue operations until such time that flexible-use licenses are 
prepared to deploy services in the relevant markets, or in the 
alternative, asks the Commission to establish a sunset date of at least 
180 days (i.e., 6 months) after new flexible-use licenses in the 
relevant markets are granted.
    The Commission finds persuasive the arguments raised by Nexstar and 
NBCUniversal regarding the amount of time needed to successfully 
complete their transitions. The Commission finds the public interest 
will be best served by adopting a sunset date of the secondary 
radiolocation authorization 180 days after the new flexible-use 
licenses are granted. The Commission also delegates authority to the 
Office of Engineering and Technology to cease certifying radiolocation 
equipment for the 3.45 GHz band 180 days after the new flexible-use 
licenses are granted. Secondary radiolocations users and the new 
flexible-uses licenses in a given market may of course enter into 
private agreements to complete the relocation process sooner.
    The Commission sought comment in the FNPRM on interim timing and 
benchmarks for the transitioning of secondary, non-Federal 
radiolocation operations out of the 3.3-3.55 GHz band. No commenter 
suggests any such specific interim benchmarks or deadlines and the 
Commission finds no need to adopt any given the limited number of 
licensees that need to be transitioned. Secondary, non-Federal 
radiolocation licensees must relocate their operations by the sunset 
date.
2. Relocation Reimbursement
    In the FNPRM, the Commission sought comment on whether to require 
new flexible-use licensees to reimburse secondary, non-Federal 
radiolocation operators for their relocation costs pursuant to the 
Emerging Technologies framework, despite the secondary status of these 
operations. The Commission finds that, in this unique instance, the 
public interest is served by requiring new flexible-use licensees to 
reimburse secondary, non-Federal radiolocation users for their 
reasonable relocation expenses, particularly given the limited number 
of secondary radiolocation users, the public safety benefit their 
operations provide to millions of Americans, and the relatively small 
relocation costs at issue. The Commission's Emerging Technologies 
framework represents a broad set of tools that the Commission uses to 
facilitate the process of making spectrum available for new uses. 
Generally, the Commission applies the framework when it is necessary to 
relocate incumbent licensees in order to introduce new services into a 
frequency band. The application of specific relocation and cost-sharing 
processes under the framework varies for each frequency band and is 
based on the types of incumbent licensees and the particular 
characteristics of the band. In the FNPRM, the Commission noted that 
secondary users are normally not subject to reimbursement because 
secondary users cannot claim protection from primary operations, 
including those subsequently licensed by the Commission.
    In order to ensure the speedy clearing of the 3.3-3.55 GHz band and 
minimize disruptions to the weather radar systems operated by secondary 
radiolocation users, the Commission will require new flexible-use 
licensees in the 3.45 GHz Service to reimburse secondary, non-Federal 
radiolocation licensees for reasonable costs related to the relocation 
of those operations to the 2.9-3.0 GHz band, including the costs of a 
relocation clearinghouse's administration of the reimbursement. Several 
factors lead the Commission to conclude that requiring reimbursement of 
these secondary, non-Federal radiolocation users supports the public 
interest in this specific instance. First, the operations of secondary 
radiolocation licensees provide an important public safety service by 
informing broadcasters' reports on severe, often life-threatening 
weather events. As both NBCUniversal and Nexstar note, their current 
transmitters

[[Page 17938]]

and related equipment must be replaced in order for their systems to 
work in the 2.9-3.0 GHz band; they cannot simply be retuned. Given the 
public interest value served by these Doppler radar networks, and when 
combined with the limited number of networks at issue, the Commission 
finds that the public interest is served by minimizing any transition-
related disruption to these operations.
    Second, there are very few radiolocation licensees that need to be 
relocated. In fact, there are only a total of seven licenses that need 
to relocate out of the band. Compared to other Commission relocation 
efforts, the number of licensees that need to be moved out of the band 
here is significantly fewer, and indeed is miniscule compared to the 
number of flexible-use licenses that will be made available at auction.
    Third, the overall estimated costs of reimbursement for the weather 
radar systems to relocate to the 2.9-3.0 GHz band is minimal and the 
Commission does not believe that it will jeopardize the overall success 
of the auction of flexible-use licenses. NBCUniversal estimates that it 
will cost $2.16 million to relocate all four of its radar systems, 
inclusive of equipment and labor. Nexstar estimates about $1 million 
for its systems' relocation. This is a total of just over $3 million 
dollars in relocation costs for a band that is expected to generate 
much more in revenue at auction.
    Fourth, the Commission notes that these secondary radiolocation 
users face relatively minimal limitations from existing Federal primary 
users, which are geographically concentrated in particular locations. 
As such, the weather radar systems current operate without risk of 
harmful interference despite their secondary status.
    For all these reasons, the Commission finds that reimbursement of 
secondary radiolocation users is appropriate in this specific instance. 
The Commission stresses, however, that secondary users generally are 
not entitled to reimbursement for the expense of transitioning to 
another band. As a general matter, because such users are not entitled 
to cause harmful interference to, or seek protection from, primary 
users, such users have no reasonable expectation that their investments 
in a band will be reimbursed in a spectrum transition under the 
Commission's Emerging Technologies framework. Indeed, absent the 
presence of all of the unique factors described, the Commission would 
not mandate reimbursement here. Consistent with the Commission's 
longstanding policy, secondary users should not expect that they will 
be reimbursed as part of a spectrum band clearing.
3. Cost Allocation Structure
    The Commission will require that the reasonable relocation 
reimbursement costs be shared by all 3.45 GHz Service licensees, 
regardless of location, rather than only those whose licenses would 
otherwise have been encumbered by the relocating incumbent operations. 
The Commission finds this to be the fairest and most efficient approach 
given the high-powered nature of many of these radiolocation stations, 
and the engineering and administrative difficulties inherent in 
attempting to determine which licensees would be directly affected by 
their operations. Given the estimated cost of relocation for all 
secondary, non-Federal radiolocation licenses, the burden on each 
licensee will be small relative to the cost of the license itself. 
Further, even if not directly affected, all 3.45 GHz Service licensees 
will benefit from a band fully cleared of secondary, non-Federal 
incumbents. While this basic structure has now become common in the 
Commission's application of the Emerging Technologies framework, the 
Commission's application in this instance seeks to streamline 
reimbursement and minimize the burdens on both incumbents and incoming 
licensees.
    All new entrants to the band will be responsible for reimbursement 
of a pro rata share of reasonable relocation costs of non-Federal 
radiolocation operations. In other words, the total relocation costs 
will be divided by the number of 3.45 GHz Service licenses and each 
licensee will be required to pay their share based on the number of 
licenses they hold. If all licenses offered at auction are ultimately 
issued, this will mean each license held will require payment of 
approximately 0.025% of the total reimbursement costs.
    The Commission finds that this structure provides an efficient and 
equitable option given the limited number of licensees requiring 
reimbursement and the complexity in determining which licenses are 
affected by the high-powered radiolocation systems being relocated. It 
will ensure that non-Federal radiolocation licensees are able to 
continue their operations without service interruptions while fairly 
distributing the costs of clearing the band across all new licensees. 
It also will avoid complex calculations as to which licensees are 
affected by the non-Federal radiolocation operations being relocated. 
These operations are typically high-powered, which allows them to 
detect and monitor weather patterns over hundreds of miles, but also 
have the potential to cause harmful interference to wireless broadband 
operations across several PEAs and not only the one in which they are 
located. It will therefore speed the process of clearing the band, 
making it available for deployment as soon after the grant of flexible-
use licenses as possible.
    As the Commission has done in past proceedings, it delegates to the 
Wireless Telecommunications Bureau, working in coordination with the 
Office of the Managing Director, authority to develop and implement a 
clearinghouse selection process similar to the process used in the 3.7 
GHz proceeding; this delegation includes the authority to seek notice 
and comment on the parameters of additional considerations that should 
inform the creation and administration of the cost-sharing plan to help 
implement the Commission's decision here and, if necessary for the 
purposes of the more limited relocation here, to adjust the procedures 
adopted in that proceeding to tailor them to the relocation in this 
proceeding. Any disputes as to the reimbursement of particular expenses 
will be resolved by the Wireless Telecommunications Bureau.
    3.45 GHz Service licensees will be required to pay their share of 
the reimbursement obligations subject to procedures to be specified by 
public notice. Non-Federal secondary radiolocation licensees must 
submit their expenses for relocating operations authorized under their 
licenses and existing as of the date of the Commission's temporary 
freeze on non-Federal applications in the 3.3-3.55 GHz band subject to 
procedures to be specified by public notice.
    Due to the timing of the relocation of secondary, non-Federal 
radiolocation incumbents, the Commission agrees with NBCUniversal that 
the reimbursement requirement should include reasonable expenses 
incurred before the adoption of the Second Report and Order, provided 
that such expenses are legitimate, documented, required by the 
transition, and occurred subsequent to the adoption of the first Report 
and Order in this proceeding. These expenses include radar components 
being replaced to accommodate the stations' new frequencies, 
installation costs, professional services such as engineering to ensure 
coordination with incumbent operations in the 2.9-3.0 GHz band, and 
licensing costs related to the new equipment and frequencies. Expenses 
for other purposes, however,

[[Page 17939]]

such as optional equipment upgrades, will not be permitted. The 
clearinghouse will have the authority to determine if expenses are 
eligible for reimbursement, with any disputes to be resolved by the 
Wireless Telecommunications Bureau.
4. Section 316 License Modification
    In the FNPRM, the Commission proposed to use its section 316 
authority to modify existing secondary, non-Federal radiolocation 
licenses such that they are no longer authorized to operate in the 3.3-
3.55 GHz band and instead will be authorized for operation in the 2.9-
3.0 GHz band. The Commission adopts this proposal and issues an Order 
of Proposed Modification under section 316 to modify these licenses to 
operate on their new frequencies. This license modification will allow 
the Commission to clear the 3.3-3.55 GHz band for flexible-use 
operations while ensuring that these secondary, non-Federal 
radiolocation operations can continue to offer the same services as 
they do currently. The Commission finds that the modification is in the 
public interest, as it will spur 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. The Commission delegates authority to the Wireless 
Telecommunications Bureau to modify the relevant licenses as needed to 
specify the new frequencies for each.

H. Continued Operation of Amateur Stations in Part of the 3.3-3.45 GHz 
Band

    Bifurcation of the Amateur Band.--In the Report and Order, the 
Commission terminated the allocation for secondary amateur operations 
in the 3.3-3.5 GHz band in order to clear the way for flexible-use 
operations. In the FNPRM, it proposed to bifurcate the sunset of this 
allocation in order to allow amateur operations to continue for the 
time being in that portion of the band not yet ready for commercial 
operations, while more rapidly clearing the portion necessary to 
accommodate the new 3.45 GHz Service. This proposal would allow amateur 
operations to continue in the lower portion of the band while the 
Commission, NTIA, and the DoD continue to analyze whether that spectrum 
can be reallocated for flexible use. Specifically, the Commission 
proposed splitting the band at 3400 MHz, which would allow amateur use 
in 100 megahertz while also providing a buffer to protect flexible-use 
operations at the lower edge of the 3.45 GHz band, and it sought 
comment on this proposal.
    The Commission adopts its proposal to bifurcate the band, however, 
it adjusts its proposal and sets 3450 MHz as the frequency at which the 
band will be split. Based on the record, the Commission finds that this 
best supports the public interest and continued amateur use below the 
3.45 GHz band. While the FNPRM proposed a guard band of 50 megahertz, 
the record demonstrates that such a guard band is unnecessary given the 
nature of amateur operations in the band. No commenter provides 
technical justification for a guard band, and the Commission agrees 
with the Amateur Radio Relay League's (ARRL) assessment that the guard 
band is not necessary from a technical standpoint. The Commission also 
recognizes that the nature of amateur equipment realities makes the 50 
megahertz at 3400-3450 MHz particularly valuable to amateur operators 
because it means existing equipment can continue to operate in the band 
for the time being. The Commission therefore allows secondary amateur 
operations to continue in the 3400-3450 MHz portion of the band. The 
Commission emphasizes, however, that amateur licensees remain secondary 
users, and those that operate on frequencies close to the 3450 MHz band 
edge must do so with particular caution to avoid causing harmful 
interference to flexible-use licensees in the 3.45 GHz Service, which 
hold primary status. In light of these considerations, while amateur 
operations between 3450 MHz and 3500 MHz must cease within 90 days of 
the public notice announcing the close of the auction for the 3.45 GHz 
Service, as specified in the Report and Order, amateur operations may 
continue between 3300 MHz and 3450 MHz while the Commission, NTIA, and 
the DoD continue to analyze whether that spectrum can be reallocated 
for commercial wireless use.
    The Commission agrees with T-Mobile that amateur operators that 
choose to remain in this band must do so fully aware of the 
Commission's ongoing efforts to clear the entire 3.1-3.45 GHz band for 
commercial operations as soon as possible. As the Commission stressed 
in the FNPRM, any amateur operations that continue to operate in the 
3.3-3.45 GHz band do so on a secondary basis, with the allocation 
subject to sunset at any time. There is no expectation that such 
operations will be accommodated in future planning for commercial 
wireless operations in this spectrum, or that amateur operators will 
receive more than a short period of notice before their operations must 
cease.
    Consistent with the Commission's FNPRM, the Commission declines to 
provide reimbursement of ``relocation costs'' of amateur operations in 
this band. ARRL suggests that some equipment might be ``stranded'' if 
the Commission prohibited continued operations in the 3400-3450 MHz 
portion of the band and argued reimbursement might be justified if 
equipment were stranded. Because the Commission permits amateur 
operations to continue on a secondary basis in the 3400-3450 MHz 
portion of the band, this specific reimbursement issue is moot. More 
generally, the Commission declines to require 3.45 GHz Service 
licensees to reimburse amateur users for any potential costs related to 
their transitions to other amateur bands given the vastly different 
situation of amateur operators as compared to secondary, non-Federal 
radiolocation operators in the band. As the Commission noted above, 
requiring reimbursement of secondary users' relocation expenses is 
itself a departure from Commission precedent; the Commission took this 
step for secondary, non-Federal radiolocation users given the very 
small number of licensees, the nature of the equipment they use for 
their high-power weather radar systems, the public safety benefits they 
provide and the risk to life and property from potential interruption 
to that service, and the relatively minimal costs of relocating these 
five incumbent systems as compared to the value of this spectrum for 
flexible-use services. Similar exigent circumstances do not exist here 
with respect to the hundreds of amateur users in the band, especially 
given that they have other options available to them within and outside 
the 3 GHz band.
    Section 316 Modification.--Finally, the FNPRM sought comment on 
whether the Commission must modify amateur licenses pursuant to the 
Commission's section 316 authority in order to accomplish its proposed 
changes to the amateur allocation. No commenters addressed this 
question. In the FNPRM, the Commission noted that, due to the unique 
nature of amateur licensing, there are no new frequencies being 
specified for amateur operations; amateurs will instead be permitted to 
use any frequency already allocated to amateur use. Amateur service 
operators are granted licenses of a particular class, not a license to 
operate on particular frequencies. Further, because of this bifurcation 
of the band, amateur operators should require only minimal software 
changes to their operations, if any changes are required at all. For

[[Page 17940]]

these reasons, the Commission concludes that the changes to its part 2 
and part 97 rules already adopted in this proceeding, along with the 
part 2 rule changes being adopted, are sufficient to effectuate this 
change, and no section 316 license modification is necessary.

IV. Order On Reconsideration

    In the Report and Order, the Commission sunset the secondary 
amateur allocation in the 3300-3500 MHz band in order to make way for 
the use of this spectrum for commercial wireless services. It noted 
that clearing all secondary, non-Federal operations, including those of 
amateur operators, will allow the maximum use of the band by flexible-
use licensees, and that clearing the entire band, rather than simply 
the portion being reallocated immediately, will prevent adjacent-
channel interference and facilitate future clearing of the entire band 
for flexible use. However, in order to ensure that spectrum continues 
to be used efficiently, in the FNPRM the Commission proposed, and 
indeed adopted as part of the Second Report and Order here, a 
bifurcated sunset date for that allocation to allow amateur use to 
continue below 3450 MHz.
    ARRL, The National Association for Amateur Radio, seeks 
reconsideration of the decision in the Report and Order to sunset the 
amateur allocation in order to clear the 3.3-3.5 GHz band. In its 
petition, ARRL argues that the nature of amateur use is such that it 
will not cause harmful interference to commercial wireless operations 
in the 3.45 GHz Service and that the public interest is not served by 
removing amateur operations from spectrum not being actively considered 
for commercial wireless use. These arguments reiterate points made by 
ARRL in its original comments in this proceeding. The Commission denies 
ARRL's request.
    Reconsideration may be appropriate when the petitioner demonstrates 
that the original order contains a material error or omission, or 
raises additional facts that were not known or did not exist until 
after the petitioner's last opportunity to present such matters. 
Petitions for reconsideration that do not warrant consideration by the 
Commission include those that: Fail to identify any material error, 
omission, or reason warranting reconsideration; rely on facts or 
arguments which have not been previously presented to the Commission; 
rely on arguments that have been fully considered and rejected by the 
Commission within the same proceeding; or relate to matters outside the 
scope of the order for which reconsideration is sought.
    The Commission dismisses ARRL's petition as procedurally deficient. 
The petition fails to identify a material error or omission, raise 
facts not known before the last opportunity to present such matters, or 
demonstrate that reconsideration would be in the public interest. 
Instead, ARRL's petition simply repeats arguments previously raised, 
considered, and rejected during the initial comment period in this 
proceeding. As its rules make clear, the Commission need not consider 
petitions for reconsideration that merely repeat arguments the 
Commission previously rejected. Indeed, ARRL's claim that the 
Commission's conclusion that amateur operations are incompatible with 
mobile and fixed services intended to be provided by the new non-
Federal primary licensees is conclusory shows that ARRL recognizes that 
the Commission did address its concerns and reach a conclusion 
regarding them. Simply repeating its assertion that secondary amateur 
operations can coexist with flexible-use operations, both during 
deployment and beyond, is not a ground for reconsideration of the 
Commission's decision in the Report and Order.
    As an alternate and independent basis for the Commission's 
decision, ARRL's petition also fails on the merits. First, ARRL argues 
that the Commission's decision in the Report and Order leaves large 
amounts of spectrum vacant. This is not the case. Under the rules 
adopted here, amateur use will be permitted to continue in the 150 
megahertz between 3.3 GHz and 3.45 GHz until the Commission acts to 
adopt rules permitting commercial wireless use of that part of the 
band, and flexible-use operations will commence in the spectrum between 
3.45-3.55 GHz. All spectrum in which amateur operations are ceasing 
operation will remain in use, or be available for use at the discretion 
of Federal or non-Federal primary users. The entire band will also 
continue to be used for Federal operations. As a result of this 
decision, no spectrum will be left vacant, and that which is not 
actively in use at any particular time has been removed from amateur 
access in order to provide for full flexibility in use by 3.45 GHz 
Service licensees.
    Second, ARRL argues that the Commission's grounds for rejecting its 
claims were conclusory and depart from its earlier spectrum policy, 
such as the Emerging Technology framework, because the Commission in 
the Emerging Technologies Order encouraged spectrum sharing and did not 
sweep away incumbent users on a date certain as is done in this 
proceeding. The Commission disagrees. While it is true that some band 
reallocations done under the Emerging Technologies framework permitted 
incumbent operations to continue while new entrants deployed, the 
Emerging Technologies framework represents a broad set of tools that 
the Commission uses to facilitate the process of making spectrum 
available for new uses. The application of specific relocation and 
cost-sharing processes under the framework generally varies for each 
frequency band and is based on the types of incumbent licensees and the 
particular characteristics of the band. While the Commission agrees 
with ARRL that certain provisions of the Emerging Technologies Order 
were highly successful in accomplishing the transition to PCS in the 2 
GHz bands, the Commission is required by the Administrative Procedure 
Act to provide the essential facts upon which its decisions are based 
and explanations with actual facts and evidence beyond merely repeating 
conclusory statements, as ARRL explains in its Reply.
    Contrary to ARRL's claims that the Commission's reasoning was 
conclusory, ARRL's proposal to apply certain provisions of the 1993 
Emerging Technologies Order (58 FR 59174, November 8, 1993)--without 
accounting for the differences between the transition to PCS in the 2 
GHz band and the 3.45 GHz reallocation--is conclusory and unreasoned. 
In adopting a new framework for the 3.45 GHz band, the Commission did 
just that: The Commission considered the technical characteristics of 
the band, the feasibility of sharing spectrum between incumbent and 
incoming operations, and the alternate spectrum available to those 
incumbents. In this case, the rapid deployment of flexible-use 
operations in this band, and the provision of full flexibility for new 
wireless broadband deployment, are critical to making the most of the 
extensive work being done across the Federal Government to open this 
band for flexible use. The Commission's decision to sunset the 
secondary amateur allocation in the 3.3-3.5 GHz band in order to make 
way for the use of this spectrum for flexible-use wireless services and 
to adopt a bifurcated sunset date to allow amateur use to continue 
below 3450 MHz is supported by the unique circumstances and particular 
characteristics of the band.
    Further, as noted in the Report and Order, amateur operators have 
alternate spectrum, including in the 3 GHz band, in which to conduct 
their operations without creating interference concerns

[[Page 17941]]

and notification requirements for flexible-use wireless licensees. CTIA 
agrees with the Commission's reasoning that requires amateur operators 
to relocate by a sunset date, stating that this approach is entirely 
reasonable because amateur operators can move to myriad other bands 
that have an amateur allocation. As the Commission explained in the 
Report and Order, the record strongly favored a full clearing of the 
band before the grant of new flexible-use licenses in order to avoid 
reducing the deployment flexibility of new flexible-use licensees. This 
is due to the different nature of flexible-use operations relative to 
Federal radiolocation operations, and the different spectrum available 
for secondary use with the change in primary user of this band. With 
respect to this band, the Commission in the Report and Order found, and 
the Commission affirms here, that allowing amateur operations to 
continue until each individual frequency is put in use by a new 3.45 
GHz Service licensee in that specific location would place an 
unnecessary burden on new licensees to ascertain the location and 
nature of amateur operations and provide proper notice to them. The 
Commission agreed with the concerns about burdens on licensees created 
by ARRL's proposal and believed that relying on amateurs to design 
their systems so as not to interfere with commercial operations would 
unreasonably restrain the flexibility commercial wireless licensees 
expect when spectrum rights are awarded at auction and is not in the 
public interest. Allowing maximal flexibility in network design, 
deployment, and operation will increase investment in communications 
services and systems and technological development by providing maximum 
opportunities for deployment of flexible-use services. The Commission 
finds that ARRL has offered nothing in its petition to rebut the 
Commission's conclusions.
    In an ex parte filed following the public release of the draft of 
this item, ARRL argues again that there is no justification offered for 
the Commission's position. But even in that filing, ARRL acknowledges 
that its proposal for continued secondary access would impose burdens 
on 3.45 GHz Service licensees. In particular, before deploying pursuant 
to its license, a new 3.45 GHz licensee would be required to perform a 
spectrum survey combined with notice to amateurs in an area of proposed 
service, or to work with ARRL and issue a public notification of its 
build-out plans. This structure is, by definition, a restriction on 
licensee flexibility in deployment and a burden imposed on primary 
licensees in order to enable secondary access. The Commission does not 
believe that continued access to this spectrum for amateur operations 
justifies these limitations on the use of the band by 3.45 GHz Service 
licensees, especially given continued amateur access to 100 megahertz 
of this band.
    ARRL argues that alternative spectrum may not be suitable for 
several specific amateur uses, including propagation studies and 
related weak signal and moon bounce operations, since by their nature 
they are dependent upon and studying the particular properties of the 
3.3-3.5 GHz spectrum. As the Commission made clear in the Report and 
Order, amateur stations operating in the 3 GHz band have several other 
nearby bands available to them with similar propagation 
characteristics. ARRL notes in its reply that some amateur uses cannot 
be replicated in the numerous other spectrum bands available for 
amateur operations; to the extent that this is true, it is nonetheless 
outweighed by benefits of full clearing of this spectrum--ensuring that 
the spectrum is used intensely and efficiently, creating a spectral 
environment that will support wireless broadband operations, and 
promoting commercial interest and investment in the band.
    The Commission made clear in the Report and Order that the full 
clearing of spectrum is necessary to ensure the intensive and efficient 
use of spectrum, create a spectral environment that will support 
wireless broadband operations, and promote commercial interest and 
investment in the band. ARRL has provided no new argument as to why 
this decision is incorrect or not in the public interest, and the 
Commission therefore denies its petition for reconsideration.
    In a recent ex parte, ARRL asks that amateur use be permitted to 
continue in Alaska, Hawaii, and U.S. Territories. The Commission denies 
this additional request. The marginal benefits of allowing a temporary 
continuation of secondary amateur operations outside the contiguous 
United States is outweighed by the public interest benefits of removing 
this potential hurdle to future flexible use licensing in Alaska, 
Hawaii, and U.S. Territories. Clearing secondary amateur operations 
from these areas today will simplify and hasten the process of 
introducing flexible-use licensing in these areas in the future, in 
line with the Commission's other decisions in this proceeding and with 
the Congressional direction to make the licenses available for flexible 
use expeditiously.

V. Ordering Clauses

    It is ordered, pursuant to sections 1, 4(i), 157, 301, 303, 307, 
308, 309, 310, 316, of the Communications Act of 1934, as amended, as 
well as the Commercial Spectrum Enhancement Act, Public Law 108-494, 
118 Stat. 3986 (Dec. 23, 2004) as amended, and the MOBILE NOW Act, 
Public Law 115-141, 132 Stat. 1098, Div. P, Title VI, section 603 (Mar. 
23, 2018), 47 U.S.C. 151, 154(i), 157, 301, 303, 307, 308, 309, 310, 
316, 923(g), and 928 and 1502, and by the Beat China by Harnessing 
Important, National Airwaves for 5G Act of 2020, Public Law 116-260, 
Division FF, Title IX, Sec. 905 that the Second Report and Order, Order 
on Reconsideration, and Order of Proposed Modification is adopted.
    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 
applicable as of the date of publication in the Federal Register; 
provided however, that compliance with Sec. Sec.  2.106, 27.14, 
27.1603, 27.1605, and 27.1607 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, is not required until those information collections are 
approved by OMB and the Commission announces compliance with the 
sections in a document published in the Federal Register. The 
Commission delegates authority to the Wireless Telecommunications 
Bureau to issue such document and to cause Sec. Sec.  2.106, 27.14, 
27.1603, 27.1605, and 27.1607 to be revised accordingly.
    It is further ordered that, pursuant to sections 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 secondary, non-Federal radiolocation 
licenses in the 3.3-3.55 GHz band will be modified pursuant to the 
conditions specified in the Second Report and Order at paragraph 166. 
These modification conditions will be effective 60 days after 
publication of this Second Report and Order, Order on Reconsideration, 
and Order of Proposed Modification in the Federal Register, provided, 
however, that in the event any secondary, non-Federal radiolocation 
licensee who believes that its license or permit would be modified by 
this proposed action,

[[Page 17942]]

seeks to protest this proposed modification pursuant to the procedures 
above, the proposed license modifications specified in the Second 
Report and Order, Order on Reconsideration, and Order of Proposed 
Modification and contested by the licensee shall not be made final as 
to such licensee 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 the Second Report and 
Order in the Federal Register shall constitute notification in writing 
of the Commission's Order proposing the modification of the secondary, 
non-Federal radiolocation licenses, and of the grounds and reasons 
therefore, and those licenses 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.
    It is further ordered that, pursuant to sections 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 secondary, non-Federal 
radiolocation license, the Wireless Telecommunications Bureau shall 
modify each such license as necessary in order to provide for its new 
frequency assignment.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Second Report and Order, Order on Reconsideration and Order 
of Proposed Modification including the Final Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

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

    Administrative practice and procedure, Common carriers, 
Communications common carriers, Radio, Table of frequency allocations, 
Telecommunications, Wireless communication services.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

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

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461, 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, subparts F and H); 700 MHz Guard Band 
Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service 
(part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 
90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45 
GHz Service (part 27, subpart Q); 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); Educational Broadband Service (part 27, 
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 (ll);
0
b. Removing the period at the end of paragraph (mm) and adding a 
semicolon in its place;
0
c. Removing the period at the end of the paragraph (nn) and adding a 
semicolon in its place;
0
d. Removing the period at the end of paragraph (oo) and adding ``; 
and'' in its place; and
0
e. Adding paragraph (pp).
    The addition reads as follows:


Sec.  1.9005  Included services.

* * * * *
    (pp) The 3.45 GHz Service in the 3.45-3.55 GHz band (part 27 of 
this chapter).

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

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

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


0
5. Amend Sec.  2.106, the Table of Frequency Allocations, by:
0
a. Revising pages 40 and 41; and
0
b. In the list of United States (US) Footnotes:
0
i. Add footnote US103 in numerical order;
0
ii. Revise footnote US108; and
0
iii. Add footnote US431B in numerical order.
    The revisions and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
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* * * * *

United States (US) Footnotes

* * * * *
    US103 In the band 3300-3550 MHz, non-Federal stations in the 
radiolocation service that were licensed (or licensed pursuant to 
applications accepted for filing) before February 22, 2019 may continue 
to operate on a secondary basis until 180 days after the issuance of 
the first flexible-use licenses in the 3.45 GHz Service. No new 
assignments shall be made. In the band 3300-3500 MHz, stations in the 
amateur service may continue to operate on a secondary basis until new 
flexible-use licenses are issued for operation in the band in which 
they operate. Amateur operations between 3450 MHz and 3500 MHz must 
cease within 90 days of the public notice announcing the close of the 
auction for the 3.45 GHz Service. Stations in the amateur service may 
continue to operate in the band 3300-3450 MHz on a secondary basis 
while the band's future uses are finalized, but stations in the amateur 
service may be required to cease operations in the band 3300-3450 MHz 
at any time if the amateur service causes harmful interference to 
flexible-use operations.
* * * * *
    US108 In the band 10-10.5 GHz, survey operations, using 
transmitters with a peak power not to exceed five watts into the 
antenna, may be authorized for Federal and non-Federal use on a 
secondary basis to other Federal radiolocation operations.
* * * * *
    US431B The band 3450-3550 MHz is allocated on a primary basis to 
the Federal radiolocation service and to the non-Federal fixed and 
mobile, except aeronautical mobile, services on a nationwide basis. 
Federal operations in the band 3450-3550 MHz shall not cause harmful 
interference to non-Federal operations, except under the following 
circumstances.
    (a) Cooperative Planning Areas. Cooperative Planning Areas (CPAs) 
are geographic locations in which non-Federal operations shall 
coordinate with Federal systems in the band to deploy non-Federal 
operations in a manner that shall not cause harmful interference to 
Federal systems operating in the band. In addition, operators of non-
Federal stations may be required to modify their operations (e.g., 
reduce power, filtering, adjust antenna pointing angles, shielding, 
etc.) to protect Federal operations against harmful interference and to 
avoid, where possible, interference and potential damage to the non-
Federal operators' systems. In these areas, non-Federal operations may 
not claim interference protection from Federal systems. Federal and 
non-Federal operators may reach mutually acceptable operator-to-
operator agreements to permit more extensive non-Federal use by 
identifying and mutually agreeing upon a technical approach that 
mitigates the interference risk to Federal operations. To the extent 
possible, Federal use in CPAs will be chosen to minimize operational 
impact on non-Federal users. The table in paragraph (d) of this note 
identifies the locations of CPAs, including, for information, those 
with high powered Federal operations. CPAs may also be Periodic Use 
Areas as described in paragraph (b) of this note. Coordination between 
Federal users and non-Federal licensees in CPAs shall be consistent 
with rules and procedures established by the FCC and NTIA.
    (b) Periodic Use Areas. Periodic Use Areas (PUAs) are geographic 
locations in which non-Federal operations in the band shall not cause 
harmful interference to Federal systems operating in the band for 
episodic periods. During these times and in these areas, Federal users 
will require interference protection from non-Federal operations. 
Operators of non-Federal stations may be required to temporarily modify 
their operations (e.g., reduce power, filtering, adjust antenna 
pointing angles, shielding, etc.) to protect Federal operations from 
harmful interference, which may include restrictions on non-Federal 
stations' ability to radiate at certain locations during specific 
periods of time. During such episodic use, non-Federal users in PUAs 
must alter their operations to avoid harmful interference to Federal 
systems' temporary use of the band, and during such times, non-Federal 
operations may not claim interference protection from Federal systems. 
Federal and non-Federal operators may reach mutually acceptable 
operator-to-operator agreements such that a Federal operator may not 
need to activate a PUA if a mutually agreeable technical approach 
mitigates the interference risk to Federal operations. To the extent 
possible, Federal use in PUAs will be chosen to minimize operational 
impact on non-Federal users. Coordination between Federal users and 
non-Federal licensees in PUAs shall be consistent with rules and 
procedures established by the FCC and NTIA. While all PUAs are co-
located with CPAs, the exact geographic area used during periodic use 
may differ from the co-located CPA. The geographic locations of PUAs 
are identified in the table in paragraph (d) of this note. Restrictions 
and authorizations for the CPAs remain in effect during periodic use 
unless specifically relieved in the coordination process.
    (c) For the CPA at Little Rock, AR, after approximately 12 months 
from the close of the auction, non-Federal operations shall coordinate 
with Federal systems in only the 3450-3490 MHz band segment and the 
3490-3550 MHz band segment will be available for non-Federal use 
without coordination. At Fort Bragg, NC, non-Federal operations shall 
coordinate with Federal systems in only the 3450-3490 MHz band segment.
    (d) The following table identifies the coordinates for the location 
of each CPA and PUA. An area may be represented as either a polygon 
made up of several corresponding coordinates or a circle represented by 
a center point and a radius. If a CPA has a corresponding PUA, the PUA 
coordinates are provided. A location marked with an asterisk (*) 
indicates a high-power Federal radiolocation facility. If a location 
includes a Shipboard Electronic Systems Evaluation Facility (SESEF) 
attached to a homeport, it specifies the associated SESEF.
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* * * * *

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

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

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


0
7. Amend Sec.  27.1 by adding paragraph (b)(17) to read as follows:


Sec.  27.1  Basis and purpose.

* * * * *
    (b) * * *
    (17) 3450-3550 MHz.
* * * * *

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


Sec.  27.4  Terms and definitions.

    3.45 GHz Service. A radiocommunication service licensed under this 
part for the frequency bands specified in Sec.  27.5(o) (3450-3550 MHz 
band).
* * * * *

0
9. Amend Sec.  27.5 by adding paragraph (o) to read as follows:


Sec.  27.5  Frequencies.

* * * * *
    (o) 3450-3550 MHz band. The 3.45 GHz Service is licensed as ten 
individual 10 megahertz blocks available for assignment in the 
contiguous United States on a Partial Economic Area basis, see Sec.  
27.6(n).

0
10. Amend Sec.  27.6 by adding paragraph (n) to read as follows:


Sec.  27.6  Service areas.

* * * * *
    (n) 3450-3550 MHz Band. Service areas in the 3.45 GHz Service are 
based on Partial Economic Areas (PEAs) as defined by appendix A to this 
subpart.

0
11. Amend Sec.  27.11 by adding paragraph (m) to read as follows:


Sec.  27.11  Initial authorization.

* * * * *
    (m) 3450-3550 MHz band. Authorizations for licenses in the 3.45 GHz 
Service will be based on Partial Economic Areas (PEAs), as specified in 
Sec.  27.6(n), and the frequency blocks specified in Sec.  27.5(o).

0
12. Amend Sec.  27.13 by adding paragraph (o) to read as follows:


Sec.  27.13  License period.

* * * * *
    (o) 3450-3550 MHz Band. Authorizations for licenses in the 3.45 GHz 
Service in the 3450-3550 MHz band will have a term not to exceed 
fifteen (15) years from the date of issuance.

0
13. Amend Sec.  27.14 by revising the first sentences of paragraphs (a) 
and (k) and adding paragraph (w) 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, 
in the 3450-3550 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), (v), 
and (w) 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. * * *
* * * * *
    (w) The following provisions apply to any licensee holding an 
authorization in the 3450-3550 MHz band:
    (1) Performance requirements. Licensees in the 3.45 GHz Service 
must meet the following benchmarks, based on the type of service they 
provide.
    (i) Mobile/point-to-multipoint service. Licensees relying on mobile 
or point-to-multipoint service shall provide reliable signal coverage 
and offer service within four (4) 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 Performance Benchmark''). Licensees shall 
provide reliable signal coverage and offer service within eight (8) 
years from the date of the initial license to at least eighty (80) 
percent of the population in each of its license areas (``Second 
Performance Benchmark'').
    (ii) Point-to-point service. Licensees relying on point-to-point 
service shall demonstrate within four (4) years of the license issue 
date that, if the population within the license area is equal to or 
less than 268,000, they have four links operating and either provide 
service to customers or for internal use. If the population is greater 
than 268,000, they shall demonstrate they have at least one link in 
operation and either provide service to customers or for internal use 
per every 67,000 persons within a license area (``First Performance 
Benchmark''). Licensees shall demonstrate within eight (8) years of the

[[Page 17953]]

license issue date that, if the population within license area is equal 
to or less than 268,000, they have eight links operating and either 
provide service to customers or for internal use. If the population 
within the license area is greater than 268,000, they shall demonstrate 
they have at least two links in operation and either provide service to 
customers or for internal use per every 67,000 persons within a license 
area (``Second Performance Benchmark'').
    (iii) Internet of Things service. Licensees offering Internet of 
Things-type services shall provide geographic area coverage within four 
(4) years from the date of the initial license to thirty-five (35) 
percent of the license (``First Performance Benchmark''). Licensees 
shall provide geographic area coverage within eight (8) years from the 
date of the initial license to sixty-five (65) percent of the license 
(``Second Performance Benchmark'').
    (2) Failure to meet performance requirements. If a licensee fails 
to establish that it meets the First Performance Benchmark for a 
particular license area in paragraph (w)(1) of this section, the 
licensee's Second Performance Benchmark deadline and license term in 
paragraph (w)(1) of this section will be reduced by one year. If a 
licensee fails to establish that it meets the Second Performance 
Benchmark for a particular license area, its authorization for each 
license area in which it fails to meet the Second Performance Benchmark 
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.
    (3) Compliance procedures. To demonstrate compliance with the 
performance requirements in paragraph (w)(1) of this section, 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 
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
14. Amend Sec.  27.50 by adding paragraph (k) to read as follows:


Sec.  27.50  Power limits and duty cycle.

* * * * *
    (k) The following power requirements apply to stations transmitting 
in the 3450-3550 MHz band:
    (1) The power of each fixed or base station transmitting in the 
3450-3550 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 
3450-3550 MHz band and situated in any geographic location other than 
that described in paragraph (k)(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 devices are limited to 1Watt (30 dBm) EIRP. Mobile 
devices 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 (k)(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
15. Amend Sec.  27.53 by redesignating paragraph (n) as paragraph (o) 
and adding new paragraph (n) to read as follows:


Sec.  27.53  Emission limits.

* * * * *
    (n) 3.45 GHz Service. The following emission limits apply to 
stations transmitting in the 3450-3550 MHz band:
    (1) For base station operations in the 3450-3550 MHz band, the 
conducted power of any emission outside the licensee's authorized 
bandwidth shall not exceed -13 dBm/MHz. Compliance with the provisions 
of this paragraph (n)(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, but limited to a maximum 
of 200 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. 
Notwithstanding the channel edge requirement of -13 dBm per megahertz, 
for base station operations in the 3450-3550 MHz band, the conducted 
power of any emission below 3440 MHz or above 3560 MHz shall not exceed 
-25 dBm/MHz, and the conducted power of emissions below 3430 MHz or 
above 3570 MHz shall not exceed -40 dBm/MHz.
    (2) For mobile operations in the 3450-3550 MHz band, the conducted 
power of any emission outside the licensee's authorized bandwidth shall 
not exceed -13 dBm/MHz. Compliance with this paragraph (n)(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

[[Page 17954]]

block, a resolution bandwidth of at least one percent of the emission 
bandwidth of the fundamental emission of the transmitter may be 
employed, but limited to a maximum of 200 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
16. Amend Sec.  27.55 by adding paragraph (e) to read as follows:


Sec.  27.55  Power strength limits.

* * * * *
    (e) Power flux density for stations operating in the 3450-3550 MHz 
band. For base and fixed stations operation in the 3450-3550 MHz band 
in accordance with the provisions of Sec.  27.50(k), 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
17. 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, 3450-3550 MHz, and 3700-3980 MHz bands is subject 
to international agreements with Mexico and Canada.

0
18. Amend Sec.  27.75 by adding paragraph (a)(4) to read as follows:


Sec.  27.75  Basic interoperability requirement.

    (a) * * *
    (4) Mobile and portable stations that operate on any portion of 
frequencies in the 3450-3550 MHz band must be capable of operating on 
all frequencies in the 3450-3550 MHz band using the same air interfaces 
that the equipment utilizes on any frequencies in the 3450-3550 MHz 
band.
* * * * *

0
19. Add subpart Q, consisting of Sec. Sec.  27.1600 through 27.1607, to 
read as follows:

Subpart Q--3.45 GHz Service (3450-3550 MHz)

Sec.
27.1600 3450-3550 MHz band subject to competitive bidding.
27.1601 Designated entities in the 3450-3550 MHz band.
27.1602 Incumbent Federal operations.
27.1603 Coordination procedures.
27.1604 Reimbursement of relocation expenses of non-Federal 
radiolocation incumbents.
27.1605 Reimbursement clearinghouse.
27.1606 Aggregation of 3450-3550 MHz band licenses.
27.1607 Information sharing for time division duplex 
synchronization.


Sec.  27.1600  3450-3550 MHz band subject to competitive bidding.

    Mutually exclusive initial applications for 3450-3550 MHz band 
licenses 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.  27.1601  Designated entities in the 3450-3550 MHz band.

    (a) Eligibility for small business provisions--(1) Definitions--(i) 
Small business. A small business is an entity that, together with its 
affiliates, its controlling interests, and the affiliates of its 
controlling interests, has average gross revenues not exceeding $55 
million for the preceding five (5) years.
    (ii) Very small business. A very small business is an entity that, 
together with its affiliates, its controlling interests, and the 
affiliates of its controlling interests, has average gross revenues not 
exceeding $20 million for the preceding five (5) years.
    (2) Bidding credits. A winning bidder that qualifies as a small 
business, as defined in this section, or a consortium of small 
businesses as provided in Sec.  1.2110(c)(6) of this chapter, may use 
the bidding credit of 15 percent, as specified in Sec.  
1.2110(f)(2)(i)(C) of this chapter, 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 very small businesses as provided in Sec.  1.2110(c)(6) of this 
chapter, may use the bidding credit of 25 percent, as specified in 
Sec.  1.2110(f)(2)(i)(B) of this chapter, 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, or a consortium 
of rural service providers as provided in Sec.  1.2110(c)(6) of this 
chapter, may use the bidding credit of 15 percent specified in Sec.  
1.2110(f)(4) of this chapter.


Sec.  27.1602  Incumbent Federal operations.

    Regarding incumbent Federal operations in the 3450-3550 MHz band, 
3.45 GHz Service licensees must comply with footnote US431B of the 
Table of Frequency Allocations in 47 CFR 2.106.


Sec.  27.1603  Coordination procedures.

    (a) Coordination requirement. Prior to operation of any 3.45 GHz 
Service license in a Cooperative Planning Area or Periodic Use Area, a 
3.45 GHz Service licensee must successfully coordinate such operation 
with any Federal incumbents in the Cooperative Planning Area or 
Periodic Use Area. The coordination procedures contained in this 
section shall apply unless the 3.45 GHz Service licensee and the 
Federal incumbent(s) have reached a mutually acceptable operator-to-
operator coordination agreement that provides otherwise.
    (b) Informal discussions. Before a 3.45 GHz Service licensee 
submits a formal coordination request, it may share and discuss draft 
proposals with Federal incumbent coordination staff. These discussions 
are voluntary, informal, and non-binding and can begin at any time.
    (c) Formal coordination. The 3.45 GHz Service licensee shall 
initiate coordination by formally requesting access to operate within a 
Cooperative Planning Area and/or Periodic Use Area directly through the 
Department of Defense's online portal.
    (d) Initiation, timing, and affirmative concurrence. A 3.45 GHz 
Service licensee must initiate a formal coordination request through 
the online portal provided by the Department of Defense. Unless 
otherwise agreed between a 3.45 GHz Service licensee and the relevant 
Federal incumbent(s), no formal coordination requests may be submitted 
until nine (9) months after the date of the auction closing Public 
Notice. 3.45 GHz Service licensees may request informal discussions 
(through the point of contact identified in the applicable Transition 
Plan) during this nine-month time period. Unless otherwise agreed to in 
writing, the requirement to reach a coordination arrangement is 
satisfied only by obtaining the affirmative concurrence of the relevant 
Federal incumbent(s) via the portal. The requirement of this paragraph 
(d) is not satisfied by omission.
    (e) Submission information. To submit a formal coordination 
request, the 3.45 GHz Service licensee must include information about 
the technical

[[Page 17955]]

characteristics for the 3.45 GHz Service base stations and associated 
mobile units relevant to operation within the Cooperative Planning Area 
and/or Periodic Use Area. This information should be provided in 
accordance with the instructions provided in the portal user's guide 
provided by the Department of Defense. 3.45 GHz Service licensees must 
prioritize their deployments in the Cooperative Planning Area for each 
Federal incumbent when submitting a formal coordination request. If a 
3.45 GHz Service licensee is seeking to coordinate with multiple 
systems or multiple locations of operation controlled by one Federal 
incumbent, the licensee must specify the order in which it prefers the 
Federal incumbent process the request (i.e., the order of systems or 
geographic locations).
    (f) Coordination analysis. If a 3.45 GHz Service licensee has 
questions about the result of a coordination request, it may contact 
the Federal incumbent to propose network design modifications to help 
address issues raised by the Federal incumbent. Once the 3.45 GHz 
Service licensee has revised its network design, it must resubmit a 
formal coordination request, and the 3.45 GHz Service formal 
coordination process begins again.
    (g) Interference resolution process. In instances of identified 
harmful interference occurring between a Federal and non-Federal 
operator not otherwise addressed by the coordination procedures or 
operator-to-operator agreements, the 3.45 GHz Service licensee shall 
first attempt to resolve the interference directly. If that effort is 
unsuccessful, the 3.45 GHz Service licensee, if adversely affected may 
escalate the matter to the Commission.


Sec.  27.1604  Reimbursement of relocation expenses of non-Federal 
radiolocation incumbents.

    (a) Relocation reimbursement contribution. Each entity granted an 
initial license (not a renewal) in the 3.45 GHz Service (Licensee) must 
pay a pro rata portion to reimburse the costs incurred by authorized 
non-Federal, secondary radiolocation licensees for relocating from the 
3.3-3.55 GHz band. These costs include the cost of a clearinghouse's 
administration of the reimbursement, which the radiolocation licensees 
will pay initially and include in their reimbursable costs.
    (b) Pro rata share. A Licensee's pro rata share of relocation costs 
will be determined by dividing the total actual costs of such 
relocation, as approved by the clearinghouse selected pursuant to Sec.  
27.1605, by the total number of 3.45 GHz Service licenses granted, 
multiplied by the number of such licenses the Licensee will hold.
    (c) Timing of payment. A Licensee's relocation reimbursement 
contribution share must be paid to the clearinghouse by the date(s) and 
subject to procedures specified by public notice.


Sec.  27.1605  Reimbursement clearinghouse.

    (a) The clearinghouse ultimately selected shall determine the 
reimbursement obligations of each Licensee pursuant to Sec.  27.1604.
    (1) The clearinghouse must be a must be a neutral, independent 
entity with no conflicts of interest (as defined in Sec.  27.1414(b), 
on the part of the organization or its officers, directors, employees, 
contractors, or significant subcontractors.
    (2) The clearinghouse must be able to demonstrate that it has the 
requisite expertise to perform the duties required, which will include 
collecting and distributing reimbursement payments, auditing incoming 
and outgoing estimates, mitigating cost disputes among parties, and 
generally acting as a clearinghouse.
    (3) The clearinghouse must 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.
    (4) The clearinghouse must provide quarterly reports to the 
Wireless Telecommunications Bureau that detail the status of 
reimbursement funds available, the payments issued, the amounts 
collected from licensees, and any information filed by incumbents. The 
reports must account for all funds spent, including the clearinghouse's 
own expenses. The report shall include descriptions of any disputes and 
the manner in which they were resolved.
    (b) Non-Federal secondary radiolocation licensees in the 3.3-3.55 
GHz band that seek reimbursement of their expenses for relocating 
operations authorized under their licenses and existing as of February 
22, 2019, must submit invoices or other appropriate documentation of 
such expenses to the clearinghouse no later than a date to be specified 
by public notice.
    (c) Expenses must be reasonably related to the relocation from the 
3.3-3.55 GHz band to the 2.9-3.0 GHz band, may be future expenses or 
expenses already incurred--including the clearinghouse's costs, and no 
expenses for other purposes will be subject to reimbursement. 
Ineligible expenses include, but are not limited to, those related to 
upgrades or improvements. The clearinghouse shall have the authority to 
determine whether particular expenses are eligible for reimbursement.
    (d) The Wireless Telecommunications Bureau is responsible for 
resolving any disputes arising from decisions by the clearinghouse and 
shall specify by public notice when the clearinghouse's 
responsibilities have terminated.


Sec.  27.1606  Aggregation of 3450-3550 MHz band licenses.

    (a) 3.45 GHz Service licensees may aggregate up to 40 megahertz of 
3450-3550 MHz band licenses across both license categories in any 
service area at any given time for four years after the close of the 
auction. After four years post-auction, no such aggregation limit on 
3450-3550 MHz licenses shall apply.
    (b) The criteria in Sec.  20.22(b) of this chapter will apply in 
order to attribute partial ownership and other interests for the 
purpose of applying the aggregation limit in paragraph (a) of this 
section.


Sec.  27.1607  Information sharing for time division duplex 
synchronization.

    (a) 3.45 GHz Service licensees must provide information to 
requesting Citizens Broadband Radio Service (part 96 of this chapter) 
operators to enable time division duplex (TDD) synchronization. 
Negotiations over the information must be conducted in good faith, with 
the goal of enabling synchronization between the relevant systems.
    (1) A Citizens Broadband Radio Service operator, whether a Priority 
Access Licensee or a General Authorized Access user (Sec.  96.1(b) of 
this chapter), may request information from a 3.45 GHz Service licensee 
to enable cross-service TDD synchronization if it provides service, or 
intends to provide service, in the same or adjacent geographic area as 
a 3.45 GHz Service licensee.
    (2) Upon request by an eligible Citizens Broadband Radio Service 
operator, the 3.45 GHz Service licensee must provide sufficient 
technical information to allow the Citizens Broadband Radio Service 
operator to synchronize its system with the 3.45 GHz band system. The 
3.45 GHz Service licensee must keep this information current if its 
network operations change.
    (b) 3.45 GHz Service licensees are under no obligation to make any 
changes to their operations or proposed

[[Page 17956]]

operations to enable TDD synchronization.

[FR Doc. 2021-06546 Filed 4-6-21; 8:45 am]
BILLING CODE 6712-01-P