[Federal Register Volume 88, Number 130 (Monday, July 10, 2023)]
[Rules and Regulations]
[Pages 43460-43462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13502]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 15, 25, 27, 74, 78, and 101

[GN Docket No. 22-352; FCC 23-36; FR ID 148340]


Expanding Flexible Use of the 12.7-13.25 GHz Band for Mobile 
Broadband or Other Expanded Use

AGENCY: Federal Communications Commission.

ACTION: Final order.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) directs certain fixed and mobile Broadcast Auxiliary 
Services (BAS) and Cable Television Relay Services (CARS) licensees 
authorized to use the 12.7-13.25 GHz (12.7 GHz) band to certify the 
accuracy of the information reflected on their licenses, including 
whether their facilities are operating as authorized. If a licensee is 
unable to make such a certification for a given license, it must cancel 
or modify the license in accordance with the Commission's rules. The 
Order is intended to improve the data that the public and the 
Commission have to make informed comments and decisions about the 
proposals discussed in the concurrent notice of proposed rulemaking, 
published elsewhere in this issue of the Federal Register, in which the 
Commission proposes to protect only those 12.7 GHz BAS and CARS 
stations for which the licensee timely files the certification required 
in this Order. A subsequent public notice will provide detailed filing 
instructions and establish a window for the filing of certifications.

DATES: The order is effective July 10, 2023.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
in GN Docket No. 22-352 included in the Report and Order and Further 
Notice of Proposed Rulemaking and Notice of Proposed Rulemaking and 
Order, FCC 23-36, adopted on May 18, 2023 and released on May 19, 2023. 
The full text this document is available at https://docs.fcc.gov/public/attachments/FCC-23-36A1.pdf. The Report and Order and the 
Further Notice of Proposed Rulemaking (WT Docket No. 20-443), and the 
Notice of Proposed Rulemaking and the Order (GN Docket No. 22-352), 
i.e., the four FCC actions in FCC 23-36, are published separately in 
the Rules and Regulations and the Proposed Rules sections, as 
applicable, of this issue of the Federal Register.
    Paperwork Reduction Act: The Order in GN Docket No. 22-352 does not 
contain new or modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In 
addition, therefore, the Order does not contain any 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).

Synopsis

I. Order in GN Docket No. 22-352

    1. In the 12.7 Notice of Inquiry (12.7 NOI), the Commission noted 
that to the extent it considers relocation of incumbents, or even 
future sharing between incumbents and new entrants, it will be 
important to have clear information about the nature and density of 
incumbent use.\1\ Accordingly, the Commission sought comment on whether 
to require incumbents in the 12.7 GHz band to submit information 
detailing their current use of the band, and if so, what such 
information it should require to be submitted.\2\
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    \1\ See In the Matter of Expanding Use of the 12.7-13.25 GHz 
Band for Mobile Broadband or Other Expanded Use, GN Docket No. 22-
352, Notice of Inquiry, FCC 22-80, 2022 WL 16634851, at *9, para. 25 
(Oct. 28, 2022) (12.7 NOI). Record references and citations refer to 
GN Docket No. 22-352, unless otherwise noted.
    \2\ Id. (citing Letter from Scott K. Bergmann, Senior Vice 
President, Regulatory Affairs, CTIA, to Marlene H. Dortch, 
Secretary, FCC, GN Docket No. 22-352, at 3 (filed Oct. 20, 2022)).
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    2. In response, several commenters urge the Commission to require 
incumbents to confirm that they are actually operating in the band and 
to provide detailed information about their operations including 
transmitter and receiver characteristics.\3\ For the 23 uplink Earth 
stations authorized in the band, and for the fixed point-to-point links 
authorized under parts 78 and 101, the operator or licensee must file a 
separate renewal application for each authorization.\4\ All of the 
fixed links under part 101, however, were first authorized relatively 
recently (2017 or later) and typically consist of paired transmitters 
and receivers providing a communications link between two fixed 
locations. By contrast, many of the Broadcast Auxiliary Services (BAS) 
and Cable Television Relay Services (CARS) incumbents were first 
authorized decades ago to use channels throughout the 12.7 GHz band 
over geographic areas for operations typically consisting of a 
collection of receive sites, mobile equipment, and control 
equipment,\5\

[[Page 43461]]

which heightens the need to ensure that these authorizations in the 
Universal Licensing System (ULS) \6\ and the Cable Operations and 
Licensing System (COALS) \7\ still accurately reflect current 
operations.
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    \3\ See, e.g., AT&T Comments at 4 (asserting that to rationally 
assess how to protect non-Federal incumbents' operations, the 
Commission should require them to provide detailed ``technical and 
operational data about their services, including transmitter and 
receiver characteristics''); Ericsson Comments at 12 (``Ericsson 
supports the Commission seeking information on incumbent use in the 
band to help assess how it can optimize the introduction of mobile 
broadband in the 12.7 GHz band''); NCTA Comments at 12 (``NCTA 
applauds the Commission's collection of more detailed and up-to-date 
information regarding incumbents to help facilitate consideration of 
`sharing between incumbents and new entrants' '') (quoting 12.7 NOI 
at *9, para. 25); Nokia Comments at 3 (urging the Commission to 
``require incumbents in the 12.7 GHz band to provide relevant and 
accurate data'' and to use that data to conduct an ``in-depth 
evaluation of the sharing or coexistence conditions for the 
different incumbent uses in the band'' to determine more 
conclusively ``which incumbent services could share the band with 
mobile broadband, and which incumbent services should be 
relocated.''); Qualcomm Comments at 9 (contending that ``licensing 
records . . . . do not fully reflect actual use or the intensity of 
that use'' and that ``[a]ccurate and updated data on the uses of the 
band are instrumental'' to evaluating possible expanded uses and 
encouraging the Commission to ask incumbent licensees to (1) 
``confirm whether they are actually operating on the frequency 
band''; (2) ``provide data about their operations'', and (3) provide 
``the actual technical parameters of such operations.''); T-Mobile 
Comments at 8 (stating that as part of relocating incumbents, the 
Commission could ``require incumbent licensees to provide 
information about their operations, including certifying to their 
use, to ensure the accuracy of cost estimates related to their 
systems.''); Verizon Comments at 10 (stating that the Commission 
``should collect information about how much spectrum incumbent 
operators use to support their services, the breadth of geographic 
use by licensees,'' and ``should also establish a deadline for 
operators to provide this information so that stakeholders may be on 
notice regarding further action in this proceeding.''); Letter from 
Sarah Leggin, Assistant Vice President, Regulatory Affairs, CTIA, to 
Marlene H. Dortch, Secretary, FCC, GN Docket No. 22-352, at 2 (filed 
May 5, 2023) (urging the Commission to require CARS licensees to 
certify that the COALS database accurately reflects current 
operations in the 12.7 GHz band).
    \4\ See 47 CFR 25.121(b), 78.15(a), 78.29, and 101.5; see also 
id. Sec.  1.949. For the 12.7 GHz band incumbents licensed under 
part 74, however, most BAS authorizations are associated with a 
parent broadcast license and renewed automatically upon renewal of 
the parent broadcast license. See 47 CFR 74.15(b), (e). Although 
this streamlined process reduces paperwork burdens and avoids 
termination for non-renewal of BAS authorizations that support 
ongoing broadcast operations, it may also increase the probability 
of inaccurate licensing and operational data in the Commission' 
records.
    \5\ See. e.g., Improving Public Safety Communications in the 800 
MHz Band, WT Docket 02-55, Memorandum Opinion and Order and Further 
Notice of Proposed Rulemaking, 23 FCC Rcd. 4393, 4408 para 44 
(2008); Improving Public Safety Communications in the 800 MHz Band, 
WT Docket 00-55, Report and Order, Fifth Report and Order, Fourth 
Memorandum Opinion and Order, and Order, 19 FCC Rcd 14969 (2004).
    \6\ Licensing data for fixed and mobile BAS is in ULS. See 
https://wireless2.fcc.gov/UlsApp/ApplicationSearch/searchAppl.jsp.
    \7\ Licensing data for fixed and mobile CARS is in COALS. See 
https://fccprod.servicenowservices.com/coals.
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    3. Accordingly, to improve the data that the public and the 
Commission have to make informed comments and decisions about the 
proposals discussed in the notice of proposed rulemaking (see FCC 23-
36, paras. 58-142) (FR 2023-13500), published elsewhere in this issue 
of the Federal Register, the Commission directs fixed and mobile BAS 
and CARS licensees under parts 74 and 78, to certify the accuracy of 
all information reflected on each license that includes authority to 
operate in the 12.7 GHz band, including whether the facilities are 
operating as authorized. If a licensee is unable to make such a 
certification for a given license, it must cancel or modify the license 
in accordance with the Commission's rules.\8\ The Commission exempts 
from this Order BAS and CARS licensees that have filed separate 
applications, on or after January 1, 2021, for new or modified licenses 
in the 12.7 GHz band. The Commission notes that for purposes of 
implementing the Paperwork Reduction Act of 1995 (PRA), these 
certifications are not ``information'' collections that require 
approval from the Office of Management and Budget (OMB).\9\ The 
Commission directs the Wireless Telecommunications Bureau, in 
coordination with the Media Bureau, to issue a Public Notice that will: 
(1) provide detailed instructions for BAS and CARS licensees to file 
certifications regarding existing information in ULS and COALS, 
respectively; and (2) establish a window for the filing of 
certifications. The Commission also directs the Bureaus, in 
coordination with the Office of Economics and Analytics, to consider 
whether additional information should be collected from some or all 
12.7 GHz band incumbents to seek comment regarding the need to initiate 
an information collection if such additional information is necessary 
to supplement the information submitted in this proceeding, and to 
comply with all requirements associated with any such information 
collection under the PRA.\10\
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    \8\ 47 CFR 74.600-74.690. Based on ULS data, 12.7 GHz band BAS 
licenses for the following radio service codes (followed by the 
approximate number of such licenses in parentheses) are subject to 
this certification requirement: Aural Intercity Relay (1), TV 
Intercity Relay (1179), TV Pickup (403), TV Studio-Transmitter Link 
(485), TV Translator Relay (32).
    \9\ See 5 CFR 1320.3(h)(1) (defining ``information'' as not 
generally including certifications); accord, 84 FR 22733, 22734, 
n.12 (May 20, 2019) (concluding that the certification requirement 
for Earth station incumbents in the 3.7-4.2 GHz band was not 
considered ``information'' for purposes of the Paperwork Reduction 
Act (citing 5 CFR 1320.3(h)(1)); Notice of Office of Management and 
Budget Action, ICR Ref. No. 201811-3060-018 (Jan. 28, 2019), 
available at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201811-3060-018; Federal Communications 
Commission, Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 84 FR 
13141, Apr. 4, 2019.
    \10\ While the Commission has discretion to seek comment before 
undertaking an information collection, it has never taken the 
position that such comment, other than the comment sought as part of 
the PRA process, is a necessary prerequisite. Because the 
information collection adopted here is designed solely to obtain the 
information necessary to evaluate whether to adopt future Commission 
rules, it has no direct ``future effect'' and as such is not a rule 
requiring notice under the Administrative Procedure Act (APA). See 5 
U.S.C. 551(4).
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    4. The Commission acknowledges that several comments recommend also 
seeking information from all incumbent licensees in the 12.7 GHz band, 
as well as in the bands adjacent to the 12.7 GHz band.\11\ As noted in 
the notice of proposed rulemaking (FCC 23-36) (FR 2023-13500), the 
Commission's rules require all in-band incumbents to operate in 
accordance with their authorizations. In the notice of proposed 
rulemaking,\12\ the Commission specifically seeks detailed information 
on the receiver, antenna, and operational characteristics for services 
operating in the adjacent bands from incumbents in adjacent bands, 
including Direct Broadcast Satellite (DBS), Fixed Satellite Service 
(FSS) (space-to-Earth) limited to non-geostationary orbit systems (NGSO 
FSS), Multi-Channel Video and Data Distribution Service (MVDDS), active 
spaceborne sensors, and aeronautical radionavigation services (ARNS), 
that contend that provisions beyond the existing 12.7 GHz band fixed 
service protection levels for adjacent bands would be necessary for 
mobile broadband or other expanded-use operations in the 12.7 GHz band 
to prevent harmful interference to operations in those adjacent bands.
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    \11\ See, e.g., Nokia Comments at 8 (contending that ``the 
Commission should require incumbents in the . . . lower and upper 
adjacent bands to provide relevant and accurate information about 
their deployments and receiver characteristics''); Verizon Comments 
at 10 (quoting 12.7 NOI at *14, para. 40) (stating that the 
Commission ``should collect information on `detailed information on 
the receiver, antenna, and operational characteristics for services 
operating in the adjacent bands.' '').
    \12\ See Notice of Proposed Rulemaking at para. 121.
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    5. Although the Commission does not require incumbents to provide 
additional information on their existing operations at this time, the 
Commission proposes in the Notice of Proposed Rulemaking to protect 
only those BAS and CARS stations licensed in ULS and COALS, 
respectively, for which the licensee timely files the certification 
required in this Order (to the extent they have not filed a new or 
modification application in ULS or COALS for the station on or after 
January 1, 2021) and to protect FS incumbents based on licensing data. 
For the 23 incumbent Earth stations in the band, the Commission also 
proposes in the Notice of Proposed Rulemaking to use the International 
Bureau Filing System (IBFS) data in defining the scope of the 
grandfathered status of these stations. Because the Commission may use 
these data to inform its deliberations regarding the future use of the 
12.7 GHz band, including possible interference avoidance coordination 
or relocation of facilities, or grandfathered status that could require 
future licensees to accept harmful interference from existing 
operations, the Commission encourages all licensees to timely submit 
their data and to update their information in the event of a change in 
any of the operational parameters.

II. Ordering Clauses

    6. It is ordered that, pursuant to sections 1, 2, 4, 5, 301, 302, 
303, 304, 307, 309, 310, and 316 of the Communications Act of 1934, 47 
U.S.C. 151, 152, 154, 155, 301, 302a, 303, 304, 307, 309, 310, 316, and 
Sec.  1.411 of the Commission's rules, 47 CFR 1.411, the Report and 
Order and Further Notice of Proposed Rulemaking and Notice of Proposed 
Rulemaking, and Order in the captioned dockets is adopted.
    7. The inquiry in Expanding Flexible Use in Mid-Band Spectrum 
Between 3.7-24 GHz, GN Docket No. 17-183, is terminated as to the mid-
band spectrum between 12.2 GHz and 13.25 GHz.
    8. It is further ordered that, pursuant to applicable procedures 
set forth in Sec. Sec.  1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comment on the Further 
Notice of Proposed Rulemaking in WT Docket No. 20-443 and the Notice of 
Proposed Rulemaking in GN Docket No. 22-352 on or before the number of 
days shown on the first page of this document after publication in the 
Federal Register, and reply comment on or before the number of days 
shown on

[[Page 43462]]

the first page of this document after publication in the Federal 
Register.
    9. It is further ordered that the Commission's Office of the 
Secretary, Reference Information Center, shall send a copy of the 
Report and Order and Further Notice of Proposed Rulemaking and Notice 
of Proposed Rulemaking, and Order, including the associated Initial 
Regulatory Flexibility Analyses to the Chief Counsel for Advocacy of 
the Small Business Administration.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-13502 Filed 7-7-23; 8:45 am]
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