[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60436-60438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23712]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2 and 101

[WT Docket No. 20-133; DA 21-1263; FR ID 55689]


Wireless Telecommunication Bureau Seeks To Supplement the Record 
on 70/80/90 GHz Bands Notice of Proposed Rulemaking

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; request for comments.

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SUMMARY: In this document, the Commission seeks comment to supplement 
the record in the rulemaking on a Notice of Proposed Rulemaking to 
address the potential for use of the 71-76 GHz, 81-86 GHz, 92-94 GHz, 
and the 94.1-95 GHz (70/80/90 GHz) bands to provide broadband internet 
access to consumers and communities that may otherwise lack robust, 
consistent connectivity. In particular, the Commission seeks comment on 
whether High Altitude Platform Stations (HAPS) or other stratospheric-
based platform services could be deployed for this purpose in the 70/
80/90 GHz bands. The Commission also seeks additional information 
regarding the potential use of these bands to provide broadband 
internet access to customers on airplanes and aboard ships, as proposed 
by Aeronet Global Communications, Inc.

DATES: Submit comments on or before December 2, 2021. Submit reply 
comments on or before January 3, 2022.

ADDRESSES: You may submit comments, identified by WT Docket No. 20-133, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: www.fcc.gov/ecfs/.
     Paper Filers: Parties that choose to file by paper must 
file an original and one copy of each filing.
    Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 45 L Street NE, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format),

[[Page 60437]]

send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

FOR FURTHER INFORMATION CONTACT: Anthony Patrone, Broadband Division, 
Wireless Telecommunications Bureau, (202) 418-2428, 
[email protected]. For information regarding the PRA information 
collection requirements that may be contained in this proposed rule, 
contact Cathy Williams, Office of Managing Director, at (202) 418-2918 
or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document (Public Notice), in WT Docket No. 20-133; DA 21-1263, released 
on October 8, 2021. The full text of this document is available on the 
Commission's website at https://docs.fcc.gov/public/attachments/DA-21-1263A1.pdf. This document seeks to supplement the record of the 
Commission's Notice of Proposed Rulemaking (NPRM), Modernizing and 
Expanding Access, 85 FR 40168, July 6, 2020, to the 70/80/90 GHz Bands, 
WT Docket Nos. 20-133; 10-153, 15-244; FCC 20-76; RMs-11824, 11825, 
adopted June 9, 2020, and released June 10, 2020. The NPRM may also be 
downloaded https://docs.fcc.gov/public/attachments/FCC-20-76A1.pdf.

Synopsis

I. Background

    1. As described in greater detail in the 70/80/90 GHz NPRM (85 FR 
40168, July 6, 2020), in the United States, the 70/80/90 GHz bands are 
allocated on a co-primary basis for Federal and non-Federal use, 
variously for terrestrial, satellite, radio astronomy and radiolocation 
uses.\1\ In 2003, the Commission established a two-step, non-exclusive 
licensing regime for non-Federal use of the 70/80/90 GHz bands. Users 
must first obtain a nationwide, non-exclusive license from the 
Commission, and then register individual links through a third-party 
database manager. Non-Federal licensees may use the 70/80/90 GHz bands 
for any point-to-point, non-broadcast service.
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    \1\ 47 CFR 2.106. See also 70/80/90 GHz NPRM at 6040-41, para. 
2. The adjacent 76-81 GHz band is allocated for, among other uses, 
Radiolocation and licensed by rule under subpart M of part 95 (The 
76-81 GHz Band Radar Service), which ``may operate as vehicular 
radars, or as fixed or mobile radars in airport air operations 
areas, including but not limited to [foreign object debris] 
detection radars and aircraft-mounted radars for ground use.'' 47 
CFR 95.3331. The adjacent 86-92 GHz band is allocated for Earth 
Exploration-Satellite (passive), Space Research (passive), and Radio 
Astronomy services. See, e.g., id., 70/80/90 GHz NPRM citing 47 CFR 
2.106 nn.US246, US74.
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    2. In June 2020, the Commission adopted the 70/80/90 GHz NPRM, 
which sought comment on potential rule changes for non-Federal uses of 
the bands proposed by interested parties. Certain of these proposals, 
such as changes to antenna standards and link registration processes, 
were aimed at improving efficiency in traditional uses of the bands, 
such as wireless backhaul. Other inquiries contemplated use of the 
bands for new service offerings, such as Aeronet's proposals that the 
Commission authorize point-to-point links to endpoints in motion to 
facilitate broadband service to ships and aircraft, provided that they 
do not cause interference to other authorized uses.\2\ The Commission 
also sought comment on whether the 70/80/90 GHz bands could accommodate 
other types of services, such as High Altitude Platform Stations (HAPS) 
or similar services.\3\ In the record received in response to the 70/
80/90 GHz NPRM, several commenters expressed support for the provision 
of new services in these bands, including bringing broadband internet 
access capabilities to areas where such access may not be consistently 
available. Other parties have expressed concerns about the introduction 
of new services in the bands.
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    \2\ 70/80/90 GHz NPRM at 6043-44, para. 7 (citing Aeronet 
Aviation Petition; Aeronet Maritime Petition).
    \3\ 70/80/90 GHz NPRM at 6059, para. 51.
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II. Discussion

    3. In this document, the Commission provides an opportunity for 
commenters to supplement the record regarding the provision of new 
services in the 70/80/90 GHz bands.\4\ In particular, the Commission is 
interested in the feasibility of permitting HAPS or other 
stratospheric-based platform services in these bands and the Commission 
seeks comment on coordinating with incumbents in the band. The 
Commission's rules define a ``High Altitude Platform Station'' as ``[a] 
station located on an object at an altitude of 20 to 50 km and at a 
specified, nominal, fixed point relative to the Earth.'' \5\
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    \4\ The Commission notes that there are other issues raised by 
the 70/80/90 GHz NPRM and subsequent record, such as changes to 
antenna standards and the link registration process, that the 
Commission does not address here. These issues remain under 
consideration by the Commission.
    \5\ 47 CFR 2.1(c). See also RR 1.66A (``high altitude platform 
station: A station located on an object at an altitude of 20 to 50 
km and at a specified, nominal, fixed point relative to the 
Earth.''). The Commission notes that the Elefante Group in 2018 
sought Commission authorization to operate a stratospheric-based 
broadband service using platform stations operating just below the 
20 km threshold set for HAPS. See Petition for Rulemaking of 
Elefante Group, Inc., RM-11809 (filed May 31, 2018). See also 
Elefante Group Inc.'s Petition for Rulemaking to Enable Timely 
Deployment of Fixed Stratospheric-Based Communications Services in 
the 21.5-23.6, 25.25-27.5, 71-76 and 81-86 GHz Bands, Report No. 
3093, CG RM-11809 (2018).
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    4. The Commission seeks further input on whether it should consider 
authorizing HAPS or other stratospheric-based platform services in any 
portion of the 70/80/90 GHz bands.\6\ How would HAPS be used in these 
bands? What sort of services would be provided or supported by these 
systems? The Commission also seeks comments on whether HAPS or other 
stratospheric-based platform services are likely to be commercially 
viable.\7\ Alternatively, are stratospheric-based platform services 
likely to be developed to support non-commercial use, either for 
private, not-for-profit uses, or in support of local, state, or Federal 
governments?
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    \6\ Spectrum for HAPS in the frequency bands 47/48 GHz, 2 GHz, 
27/31 GHz and 6 GHz was designated at three WRCs--WRC-97, WRC-2000 
and WRC-12. After study for WRC-19, additional spectrum was 
identified: 31-31.3 GHz and 38-39.5 GHz globally, and in Region 2 
(including U.S.), 21.4-22 GHz and 24.25-27.5 GHz.
    \7\ The Commission notes that several advocates for HAPS are no 
longer pursuing their planned operations. See Paresh Dave, Alphabet 
Shutting Loon, Which Used Balloon Alternative to Cell Towers, 
Reuters (Jan. 21, 2021) https://www.reuters.com/article/us-alphabet-loon/alphabet-shutting-loon-which-used-balloon-alternative-to-cell-towers-idUSKBN29R02U; Adam Satariano, Facebook Halts Aquila, Its 
internet Drone Project, New York Times (June 27, 2018) https://www.nytimes.com/2018/06/27/technology/facebook-drone-internet.html; 
Elefante Comments at 2 (``Due to unforeseen developments, Elefante 
Group is unable to state with certainty its ability at this time to 
advance its mission consistent with the vision set out in the 
Elefante Group Petition. Nonetheless, Elefante Group submits that 
the Commission should strive to preserve maximum flexibility and 
opportunities in its regulatory framework for the 70/80 GHz 
Bands.'').
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    5. The Commission also seeks comments on the potential for HAPS, or 
other stratospheric-based platform services, to cause harmful 
interference to incumbent or potential future services in these, or 
adjacent, bands including both terrestrial and satellite operations. 
Advocates for HAPS or similar services assert that they can coexist 
with incumbent users of the 70 GHz and 80 GHz bands and should be 
allowed to use these bands without an arbitrary ceiling, e.g., 50,000 
feet, for nominally fixed or antennas in motion. If the Commission 
authorizes HAPS or other stratospheric-based platform services in these 
bands, are there any limitations or restrictions on the deployment of 
such services that the Commission should impose in order to

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guard against the potential for interference into incumbent operations, 
such as altitude restrictions, power limits, transmitter design 
considerations, directional constraints, additional emission limits, or 
other requirements, including new or revised coordination requirements? 
To aid other stakeholders in the bands, and the adjacent bands, to 
evaluate potential interference concerns and submit their own analyses, 
the Commission also seeks specific information about anticipated 
stratospheric-based platform system operating parameters including 
transmission direction, deployment densities, earth station elevation 
angles, station heights, antenna characteristics (e.g., antenna 
polarization, antenna pattern mask), station Equivalent Isotropically 
Radiated Power (EIRP), and operating bandwidths (including out-of-band 
performance).
    6. In the 70/80/90 GHz NPRM, the Commission also sought comment on 
the international coordination implications of the services proposed. 
The Wireless Telecommunication Bureau now specifically seeks comment on 
any international implications related to HAPS or other stratospheric-
based platform services in the 70/80/90 GHz bands.
    7. If the Commission does authorize HAPS or other stratospheric-
based services in some or all of the 70/80/90 GHz bands, what service 
rules should apply? Could these new services be registered and 
coordinated through the existing third-party database manager process? 
The Commission seeks comments on what changes to the registration and 
coordination process would be necessary to facilitate the deployment of 
HAPS or other stratospheric-based services. The current 70/80/90 GHz 
coordination process only considers fixed systems. If HAPS is 
authorized, should it be limited to nominally fixed stations?
    8. Relatedly, the Commission also seeks to further develop the 
record on Aeronet's proposal to permit the use of ``Scheduled Dynamic 
Datalinks'' (SDDLs). In the 70/80/90 GHz NPRM, the Commission sought 
comment on how links to endpoints-in-motion could affect existing 
services in the 70/80/90 GHz bands. Several commenters filed comments 
and technical analyses supporting Aeronet's proposals, while several 
commenters express concern about potential interference to incumbents. 
In view of the concerns expressed, the Commission seeks further 
detailed technical studies demonstrating that deployment of SDDLs would 
not cause harmful interference to incumbents, co-primary users, 
adjacent band uses or potential future uses of the band, including FS, 
FSS, HAPS or other stratospheric-based platform services, and the 
adjacent band EESS (passive) and radio astronomy operations. To aid 
other stakeholders in the bands, and the adjacent bands, to evaluate 
potential interference concerns and submit their own analyses, the 
Commission also seeks specific information about anticipated SDDL 
system operating parameters, including station heights, antenna 
characteristics (e.g., antenna polarization, antenna pattern mask), 
station EIRP, operating bandwidths (including out-of-band performance), 
and ground station gains. In this context, the Commission notes that on 
October 4, 2021, Aeronet filed a coexistence analysis of its proposed 
SDDL system and the Space X satellite system. The Commission seeks 
comments on this filing, including the extent to which it addresses the 
questions raised in this paragraph and related stakeholder concerns.

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-23712 Filed 11-1-21; 8:45 am]
BILLING CODE 6712-01-P