[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Rules and Regulations]
[Pages 20548-20550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06158]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 2

[WT Docket No. 19-348; DA 24-233; FRS 209028]


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 Wireless Telecommunication Bureau and 
the Office of Engineering and Technology (WTB/OET) make a non-
substantive, editorial revision to the Table of Frequency Allocations 
in the Commission's Rules (Table 22), which identifies coordinates for 
Department of Defense Cooperative Planning Areas (CPAs) and Periodic 
Use Areas (PUAs), deleting as redundant, the Norfolk, Virginia 
Cooperative Planning Area (Norfolk CPA) from the list of CPAs and PUA's 
in Table 22.

DATES: Effective March 25, 2024.

ADDRESSES: Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Thomas Reed, Wireless 
Telecommunications Bureau, Mobility Division, (202) 418-0531 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 Wireless 
Telecommunications Bureau and the Office of Engineering and 
Technology's Order in WT Docket No. 19-348, DA 24-233, adopted and 
released March 11, 2024. The full text of the Order, including all 
Appendices, is available for public inspection at the following 
internet address: https://docs.fcc.gov/public/attachments/DA-24-233A1.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).

Synopsis

Introduction

    In this Order, WTB/OET make a non-substantive, editorial revision 
to Sec.  2.106(c)(431), Table 22. Consistent with the recommendation of 
the Department of Defense (DoD), WTB/OET revise Sec.  2.106(c)(431), 
Table 22, of the Commission's rules to delete the Norfolk CPA from the 
list of CPAs and PUAs in Table 22 as redundant because the Norfolk CPA 
is entirely encompassed within the larger Newport News, Virginia CPA/
PUA. As part of this change, and consistent with DoD's request, WTB/OET 
also rename the Newport News CPA/PUA as the ``Newport News-Norfolk CPA/
PUA.''

Background

    Historically, the 3.45 GHz band (3450-3550 MHz) was a predominantly 
Federal band, with limited non-Federal use, and DoD in particular 
operated a number of defense radar systems in the band. In 2020, the 
Commission adopted the 3.45 GHz R&O and FNPRM, in which it removed 
secondary, non-Federal allocations from the band and sought comment on 
restructuring the band to permit coordinated Federal and non-Federal 
use. In 2021, the Commission adopted the 3.45 GHz Second R&O, which 
created a new 3.45 GHz Service, including a cooperative sharing regime. 
Under this sharing regime, non-Federal systems have unencumbered, full-
power use of the entire band across the contiguous United States except 
for limited locations and circumstances--in effect, within CPAs and 
PUAs, where current incumbent Federal systems remain in the band and 
non-Federal systems are not entitled to protection from Federal 
operations.
    Commercial operations are not precluded in CPAs and PUAs, but prior 
coordination between Federal incumbents and commercial operations is 
required. Consistent with DoD's recommendation, the Commission defined 
CPAs 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 CPAs, operators of non-
Federal stations may be required to modify their operations to protect 
Federal operations against harmful interference and may not claim 
interference protection from Federal systems. For each CPA, the 
Commission

[[Page 20549]]

provided either a point and radius or a series of geographic 
coordinates (creating a polygon) to define the boundary of the area, 
which allows non-Federal operators to determine precisely which areas 
require coordination with DoD. DoD also identified several PUAs, which, 
consistent with DoD's recommendation, the Commission defined 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.'' To enable non-Federal licensees to 
determine the areas that require coordination with DoD, the center 
locations and dimensions for all CPA and PUA coordination areas are 
defined in Sec.  2.106(c)(431) of the Commission's rules.
    In the 3.45 GHz Band Second R&O, the Commission expressly delegated 
authority to WTB and OET to reduce the size of CPAs and PUAs. The 
Commission provided that ``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, we delegate authority to [WTB/OET], in 
coordination with NTIA, to reflect such smaller areas in our rules.'' 
In addition to this specific delegation, the Commission broadly 
delegated additional authority to WTB and OET to create additional CPAs 
and PUAs as necessary to facilitate commercial network expansion into 
areas outside the contiguous United States when NTIA provides notice 
that non-Federal operations can occur, to consider applications and 
assign licenses for partial economic areas associated with such CPAs/
PUAs, and to conduct a rulemaking if it became necessary to authorize 
non-Federal operations to these new license areas on the basis of rules 
that differ from the rules adopted in the 3.45 GHz Band Second R&O. In 
addition, OET has delegated authority to make non-substantive, 
editorial revisions to Part 2 of the Commission's rules.
    In a Memorandum to the National Telecommunications and Information 
Administration (NTIA), DoD requests the deletion of the Norfolk CPA 
from the list of CPAs and PUAs in Sec.  2.106(c)(431), Table 22 of the 
Commission's rules. DoD maintains that the Norfolk CPA is redundant 
because the Norfolk CPA is entirely encompassed within the larger 
Newport News, VA CPA/PUA. As part of this change, DoD also asks that 
the Newport News CPA/PUA be renamed the ``Newport News-Norfolk CPA/
PUA.''

Discussion

    Pursuant to the delegation of authority by the Commission in the 
3.45 GHz Band Second R&O, as well as OET's authority to make non-
substantive revisions to the Part 2 rules, WTB/OET revise the Part 2 
rules to delete the redundant Norfolk CPA as requested by DoD and 
rename the Newport News CPA/PUA as the ``Newport News-Norfolk CPA/
PUA.'' For the reasons discussed below, we find that this modification 
falls within the ``good cause'' exception to the notice and comment 
requirements of the Administrative Procedure Act.
    As a practical matter--and as DoD points out--the Norfolk CPA is 
entirely subsumed in the larger Newport News CPA/PUA, and any non-
Federal operations in the former CPA would be required to follow the 
same coordination procedures after such a change as those required 
pursuant to the current rule. The larger area also includes the same 
responsibility for PUA coordination, which currently applies to the 
entire region, so no protections or coordination requirements will be 
lost or changed as a result of this rule modification. The only change 
resulting from this rule modification is that Federal and non-Federal 
operators will no longer have to conduct a duplicative coordination 
process but will instead be able to follow a single coordination 
procedure for the entire, encompassing area. Thus, while the Newport 
News CPA/PUA will not decrease in size, the elimination of the Norfolk 
CPA will have the effect of eliminating a duplicative coordination 
burden for both Federal and non-Federal operations, and as such, falls 
within the authority delegated to WTB/OET.
    As discussed above, the change proposed by DoD, and conveyed 
through NTIA, merely deletes a redundant component of the rule, would 
not alter the compliance obligations of any party, and seeking notice 
and comment on this technical correction would be a waste of Commission 
resources. ``The larger Newport News CPA/PUA commands the requisite 
coordination to protect DoD missions operating within the band, to 
include episodic DoD operations[,]'' rendering the Norfolk CPA 
redundant and unnecessary. Accordingly, without notice and comment, 
WTB/OET delete the Norfolk CPA from Sec.  2.106(c)(431), Table 22, and 
rename the Newport News CPA/PUA, the ``Newport News-Norfolk CPA/PUA.''

Procedural Matters

    Regulatory Flexibility Act. Because this rule change is being 
adopted without notice and comment, the Regulatory Flexibility Act does 
not apply.
    Paperwork Reduction Act. This document does not contain new or 
modified information collection requirements subject to the Paperwork 
Reduction Act of 1995 (PRA). In addition, therefore, it 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.
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The Office 
of the Managing Director will send a copy of this Order to Congress and 
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    It is ordered, pursuant to sections 1, 4(i), and 303 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 
that this Order is adopted.
    It is further ordered that part 2 of the Commission's rules is 
amended as set forth in the Appendix, effective immediately upon 
publication in the Federal Register.
    It is further ordered that the Office of the Managing Director, 
Performance Program Management, shall send a copy of this Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
    These actions are taken under delegated authority pursuant to 
sections 0.31, 0.131, 0.241, and 0.331 of the Commission's rules, 47 
CFR 0.31, 0.131, 0.241, and 0.331, and the 3.45 GHz Band Second R&O.

Federal Communications Commission.
Amy Brett,
Chief of Staff, Wireless Telecommunications Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 2 as follows:

[[Page 20550]]

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

0
1. 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
2. In Sec.  2.106, revise Table 22 by removing the Norfolk CPA and 
renaming as the ``Newport News-Norfolk CPA/PUA.'' The revision reads as 
follows:


Sec.  2.106  Table of Frequency Allocations.

* * * * *
    (c) * * *
    (431) * * *

     Table 22 to Paragraph (c)(431)--Department of Defense Cooperative Planning Areas and Periodic Use Areas
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                                                                                                          Radius
        Location name              State          CPA           PUA         Latitude        Longitude      (km)
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                                                  * * * * * * *
Newport News-Norfolk*          VA..........  Yes.........  Yes.........  36[deg]58'24''  76[deg]26'07''       93
 (includes Fort Story SESEF
 range).
 
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[FR Doc. 2024-06158 Filed 3-22-24; 8:45 am]
BILLING CODE 6712-01-P