[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63494-63495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22644]


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FEDERAL COMMUNICATIONS COMMISSION

[GN Docket No. 22-352; DA 22-974; FR ID 107907]


180-Day Freeze on Applications for New or Modified Authorizations 
for the 12.7-13.25 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Announcement of temporary freeze.

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SUMMARY: In this document, the International, Public Safety and 
Homeland Security, Media, and Wireless Telecommunications Bureaus 
(Bureaus) announce a 180-day freeze, effective September 19, 2022 on 
the filing of new or modification applications for licenses or other 
authorizations in the 12.7-12.75 GHz and 12.75-13.250 GHz bands 
(collectively, 12.7 GHz band). The purpose of this temporary freeze is 
to preserve the current landscape of authorized operations in the 12.7 
GHz band pending the Commission's consideration of actions that might 
encourage the larger and more effective use of this radio spectrum in 
the public interest.

DATES: Filing of certain applications is frozen as of September 19, 
2022.

FOR FURTHER INFORMATION CONTACT: Simon Banyai, Broadband Division, 
Wireless Telecommunications Bureau, (202) 418-1443 or 
[email protected].

SUPPLEMENTARY INFORMATION: This a summary of the Commission's document, 
DA 22-974, released on September 19, 2022. The full text of this 
document is available at https://docs.fcc.gov/public/attachments/DA-22-974A1.pdf. To request materials in accessible formats (braille, large 
print, computer diskettes, or audio recordings), please send an email 
to [email protected] or call the Consumer & Government Affairs Bureau at 
(202) 418-0530 (VOICE), (202) 418-0432 (TTY).
    Filing Freeze in 12.7-12.75 GHz and 12.75-13.25 GHz Band (12.7 GHz 
Band). To preserve the current landscape of authorized operations in 
the 12.7 GHz band to facilitate the Commission's consideration of 
spectrum management and planning options, the Bureaus announce a 180-
day freeze, effective as of September 19, 2022, on the filing of new or 
modification applications for fixed satellite service (FSS) space 
stations serving earth stations located in the United States, FSS earth 
stations, broadcast auxiliary services, cable television relay service, 
and fixed microwave services stations, in the 12.7 GHz band, except as 
otherwise noted herein. The decision to impose this temporary freeze is 
procedural in nature, and therefore the freeze is exempt from the 
notice and comment and effective date requirements of the 
Administrative Procedure Act. Moreover, and in the alternative, the 
Commission finds good cause to conclude that prior notice and comment 
or a delay in effectiveness would be impractical, unnecessary, and 
contrary to the public interest because it would undermine the purposes 
of the freeze. The Bureaus find that this temporary freeze will help 
preserve the options available to the Commission for consideration of 
additional uses of the band while limiting the potential for 
speculative applications that might be filed in anticipation of 
potential future actions by the Commission. The Commission or the 
Bureaus may extend the freeze if doing so is deemed necessary to avoid 
undermining the purpose of the freeze. Any conditional authority 
conferred by rule during the pendency of an application is inapplicable 
to an application that will be dismissed under this freeze.\1\ Any 
temporary authority to operate in the 12.7 GHz band at temporary 
locations conferred by rule or license will remain operative.\2\
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    \1\ See, e.g., 47 CFR 74.25(a), 101.31(b) (conditional 
authorization during pendency of certain properly filed, completed 
formal applications that do not require a waiver).
    \2\ See, e.g., 47 CFR 74.24 (short-term operation), 101.31(a) 
(operation at temporary locations).
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    Space stations. During the freeze, the International Bureau will 
dismiss any new space station license applications and new requests for 
access to the U.S. market through non-U.S.-licensed space stations, or 
those parts of any such applications and requests, that seek to operate 
in the 12.7 GHz band. Exceptions: The freeze does not apply to new 
applications for space stations limited to serving earth stations 
outside the United States, applications for modification of existing 
space station authorizations,\3\ relocations of existing space stations 
pursuant to the Commission's fleet management policy,\4\ or to 
applications for replacement space stations.\5\
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    \3\ 47 CFR 25.117.
    \4\ 47 CFR 25.118(e) (permitting the relocation of a GSO space 
station without prior authorization, but upon 30 days prior notice 
to the Commission and any potentially affected licensed spectrum 
user, provided that the operator meets specific requirements, 
including a requirement that the space station will be relocated to 
a position within 0.15[deg] of an orbital location 
assigned to the same licensee).
    \5\ 47 CFR 25.158(a)(2), 25.165(e)(1),(2).
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    Earth stations. During the freeze, the International Bureau will 
dismiss applications, or those portions of applications, received for 
new earth station licenses, and modifications to earth stations 
currently authorized, to operate in the 12.7 GHz band. Exceptions: The 
freeze does not extend to applications for renewal or cancellation of 
current earth station authorizations,\6\ or modifications to correct 
location or other data required in the earth station file,\7\ or to 
certain other earth station modifications described below.
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    \6\ 47 CFR 25.121(e).
    \7\ See generally International Bureau Addresses Accuracy of 
Earth Station Location Information in IBFS, Public Notice, 32 FCC 
Rcd 9512 (IB 2017); 47 CFR 25.117.
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    Broadcast Auxiliary.\8\ During the freeze, the Wireless 
Telecommunications Bureau will dismiss applications received for new or 
major modifications to fixed or mobile BAS stations to operate in the 
12.7 GHz band. Exceptions: The freeze does not extend to applications 
for renewal, cancellation, and certain minor modifications described 
below.
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    \8\ See 47 CFR part 74, subparts E, and F (ULS radio service 
codes: AI, AS, TB, TI, TP, TS, TT).
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    Cable Television Relay.\9\ During the freeze, the Media Bureau will 
dismiss applications received for new or major modifications to fixed 
or mobile CARS stations to operate in the 12.7 GHz band. Exceptions: 
The freeze does not extend to applications for renewal, cancellation, 
and certain minor modifications discussed below.
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    \9\ See 47 CFR part 78 (COALS radio service: CS).
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    Fixed Microwave.\10\ During the freeze, the Wireless 
Telecommunications and Public Safety and Homeland Security Bureaus will 
dismiss applications received for new or major modifications to fixed 
or mobile microwave stations to operate in the 12.7 GHz band. 
Exceptions: The freeze does not extend to applications for renewal, 
cancellation, or certain minor modifications discussed below.
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    \10\ See 47 CFR part 101, subparts H, I, and J (ULS radio 
service codes: CF, CT, MG, MW, WA).
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    Exception to freeze for certain modification applications. Under 
the Commission's emerging technology

[[Page 63495]]

policies (ET),\11\ microwave incumbents in 1.9 GHz and 2.1 GHz bands 
that were allocated for emerging technologies were permitted to retain 
primary status for certain minor modifications if they affirmatively 
justified primary status and established that the modification would 
not add to the relocation costs of ET licensees. Based on this 
precedent, under the instant freeze, incumbents with primary status 
will be permitted to make the following modifications on a primary 
basis to any future ET licensees if the incumbent licensee establishes 
that the modification would not add to any relocation costs, if 
applicable in the future:
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    \11\ See generally 47 CFR 101.81.
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     earth stations: modifications not requiring prior 
Commission authorization,\12\
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    \12\ 47 CFR 25.118(a)-(b).
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     BAS, CARS, and Fixed Microwave stations: minor 
modifications.\13\
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    \13\ See 47 CFR 1.947(b) (licensees may make certain minor 
modifications to station authorizations, as defined in Sec.  1.929 
(Classification of filings as major minor). Section 1.929(d) 
discusses major actions in the microwave, aural broadcast auxiliary, 
and television broadcast auxiliary services and Section 1.929(k) 
states that any change not specifically listed as major is 
considered minor. See 47 CFR 1.929(d) & (k); see also id. at 
Sec. Sec.  78.109(c)-(d) (defining minor modifications for CARS 
licenses).
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    The appropriate Bureau will consider requests for waiver of this 
freeze on a case-by-case basis and upon a demonstration that waiver 
will serve the public interest and not undermine the objectives of the 
freeze.

Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2022-22644 Filed 10-18-22; 8:45 am]
BILLING CODE 6712-01-P