[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Proposed Rules]
[Pages 74097-74098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23738]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 2, and 101

[WT Docket No. 20-133; DA 23-988; FR ID 181235]


Wireless Telecommunications Bureau Seeks To Refresh the Record in 
70/80/90 GHz Bands Proceeding

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment to refresh the record in the rulemaking on 
Modernizing and Expanding Access to the 70/80/90 GHz Bands (85 FR 
40168, July 6, 2020; 86 FR 60436, Nov. 2, 2021) 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. Specifically, the Commission previously proposed new and 
updated rules to further enable non-Federal uses of the 70/80/90 GHz 
bands, which are currently allocated on a co-primary basis for Federal 
and non-Federal use. This document seeks to refresh the overall record 
in the docket and seeks comment, in particular, on the proposals made 
in a filing by the National Telecommunications and Information 
Administration (NTIA) on October 17, 2023 (NTIA October 17 Filing). In 
that filing, NTIA proposed technical rules and interference mitigation 
measures, including operating parameters for links to endpoints in 
motion in 71-76 GHz and 81-86 GHz, to protect current or

[[Page 74098]]

planned Federal operations in these frequencies and in adjacent bands.

DATES: Comments are due on or before November 8, 2023.

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.
    [cir] 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.
    [cir] 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, DA 20-304 (Mar. 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-andchanges-hand-delivery-policy.
    People with Disabilities. To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), 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: Jeffrey Tignor, Broadband Division, 
Wireless Telecommunications Bureau, at (202) 418-0530 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 23-988, rel. October 17, 2023 in WT Docket No. 20-133. The 
full text of the document is available on the Commission's website at: 
https://docs.fcc.gov/public/attachments/DA-23-988A1.pdf. Text and 
Microsoft Word formats are also available (replace ``.pdf'' in the link 
with ``.txt'' or ``.docx'', respectively). Alternative formats are 
available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to [email protected] 
or call the Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY).
    Providing Accountability Through Transparency Act. A summary of 
this document is available at https://www.fcc.gov/proposed-rulemakings.
    Synopsis. With this document, the Wireless Telecommunications 
Bureau (Bureau) seeks to refresh the overall record in WT Docket No. 
20-133 and seeks comment, in particular, on the proposals in the NTIA 
October 17 Filing. In its 70/80/90 GHz NPRM, the Commission proposed 
new and updated rules to further enable non-Federal uses of the 71-76 
GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands (collectively, the 70/
80/90 GHz bands), which are currently allocated on a co-primary basis 
for Federal and non-Federal use.\1\ The Commission specifically 
committed to ``coordinate any proposed rule changes with the affected 
agencies and the National Telecommunications and Information 
Administration,'' noting the need to ``work with NTIA to evaluate 
potential impacts associated with any new or expanded non-Federal use 
of shared allocations.'' \2\
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    \1\ Modernizing and Expanding Access to the 70/80/90 GHz Bands, 
WT Docket No. 20-133, Notice of Proposed Rulemaking, 35 FCC Rcd 6039 
(2020), 85 FR 40168 (Jul. 6, 2020) (70/80/90 GHz NPRM); 47 CFR 
2.106; see also 70/80/90 GHz NPRM, 35 FCC Rcd at 6040 through 41 
paragraph 2 (providing additional details on existing Federal and 
non-Federal allocations in co- and adjacent bands and protections).
    \2\ 70/80/90 GHz NPRM, 35 FCC Rcd at 6040, para. 1; see also id. 
at 6041, 6055 through 58, paragraphs 2, 40, 42-45 (seeking comment--
if the Commission authorizes links to endpoints in motion--on 
technical rules and interference mitigation measures such as 
restrictions or unique operating parameters that might be necessary 
to protect, inter alia, co-primary and adjacent Federal operations 
including vehicular radars, passive services, and Radio Astronomy 
Services).
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    The 70/80/90 GHz NPRM sought comment on a range of issues, 
including proposals by Aeronet Global Communications, Inc. (Aeronet) to 
use the bands to provide broadband service to aircraft and ships in 
motion.\3\ The Commission also made proposals and solicited comment in 
part relating to applicable antenna standards, the extant link 
registration process, and possible band channelization.\4\ Among other 
developments in this proceeding, on October 17, 2023, NTIA submitted a 
filing to supplement the record--comprised of a cover letter and three 
attachments--proposing technical rules and interference mitigation 
measures, including operating parameters for links to endpoints in 
motion in 71-76 GHz and 81-86 GHz, to protect current or planned 
Federal operations in these frequencies and in adjacent bands.\5\ The 
NTIA October 17 Filing is based on the work of a technical interchange 
group (TIG) comprised of representatives from affected Federal 
agencies.\6\
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    \3\ 70/80/90 GHz NPRM, 35 FCC Rcd at 6049 through 58, paragraphs 
22 through 45.
    \4\ 70/80/90 GHz NPRM, 35 FCC Rcd at 6045 through 48, paragraphs 
10 through 17 (``Antenna Rules''); id. at 6048 through49 paragraphs 
18 through 21 (``Link Registration Process''); id. at 6058 through 
59, paragraphs 46 through49 (``Channelization Plan''). In October 
2021 the Bureau issued a document seeking to further develop the 
record on the use of High Altitude Platform Stations (HAPS) or other 
stratospheric-based platform services in the 70/80/90 band. Wireless 
Telecommunications Bureau Seeks to Supplement the Record on 70/80/90 
GHz Notice of Proposed Rulemaking, WT Docket No. 20-133, Public 
Notice, 36 FCC Rcd 14375 (WTB 2021), 86 FR 60436 (Nov. 2, 2021).
    \5\ Letter from Charles Cooper, Associate Administrator, Office 
of Spectrum Management, National Telecommunications and Information 
Administration, to Ronald T. Repasi, Chief, Office of Engineering 
and Technology, Federal Communications Commission, and Joel 
Taubenblatt, Chief, Wireless Telecommunications Bureau, Federal 
Communications Commission, WT Docket No. 20-133 (filed October 17, 
2023) (NTIA October 17 Filing). Attachment A to the NTIA Filing 
summarizes suggested interference mitigations based on collaboration 
between NTIA and the Federal operators identified in footnote 6, 
infra; Attachment B details the technical analyses performed by the 
same; and Attachment C proposes rule text for the Commission to 
consider.
    \6\ Specifically, the TIG included representatives from the 
National Aeronautics and Space Administration, the National Oceanic 
and Atmospheric Administration, the National Science Foundation, the 
Department of the Air Force, and NTIA itself. Commission staff 
participated in regular information exchange meetings with the TIG. 
NTIA October 17 Filing at 2.

Federal Communications Commission.
Blaise Scinto,
Chief, Broadband Division, Wireless Telecommunications Bureau.
[FR Doc. 2023-23738 Filed 10-27-23; 8:45 am]
BILLING CODE 6712-01-P