[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33242-33264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05390]


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FEDERAL COMMUICATIONS COMMISSION

47 CFR Parts 0 and 101

[WT Docket No. 20-133; FCC 24-16; FR ID 207939]


Modernizing and Expanding Access to the 70/80/90 GHz Bands; 
Report and Order

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) continues to play a leading role in fostering innovation 
in the provisioning of broadband, including through novel technological 
solutions as well as fifth-generation wireless technology (5G). Meeting 
the non-stop growth in demand for wireless broadband connectivity is 
more important than ever due to the outsized impact the internet has on 
its work, education, health care, and personal connections. Recognizing 
this reality, and to help close the digital divide, the Report and 
Order adopts new rules and updates preexisting ones. The Commission 
also updates its rules to permit the use of smaller and lower-cost 
antennas to facilitate the provision of backhaul service and mandates a 
channelization plan . Finally, the Commission adopts changes to the 
link registration process in certain bands requiring certification of 
construction of registered links to promote more efficient use of this 
spectrum and improve the accuracy of the link registration database.

DATES: Effective May 29, 2024, except for the addition of Sec.  
101.147(z)(3) at instruction 9, which is effective on September 1, 
2024. The amendments to Sec. Sec.  101.63(b) at instruction 5, 
101.1523(a) and (e) at instruction 12, and 101.1528(a)(11), (b)(10), 
and (d) at instruction 14 are delayed indefinitely. The Federal 
Communications Commission will publish a document in the Federal 
Register announcing the effective date for the amendments to Sec. Sec.  
101.63(b), 101.1523(a) and (e), and 101.1528(a)(11), (b)(10), and (d).

FOR FURTHER INFORMATION CONTACT: Jeffrey Tignor, Wireless 
Telecommunications Bureau, Broadband Division, at 
[email protected] or 202-418-0774.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in WT Docket No. 20-33, FCC 24-16; adopted on January 24, 
2024 and released on January 26, 2024. The full text of this document 
(as corrected by Erratum released on April 10, 2024) is available at 
https://docs.fcc.gov/public/attachments/FCC-24-16A1.pdf.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Modernizing and Expanding Access to the 70/80/90 
GHz Bands, Notice of Proposed Rulemaking (70/80/90 GHz NPRM) released 
in June 2020 (85 FR 40168, July 6, 2020). The Commission sought written 
public comment on the proposals in the NPRM, including comments on the 
IRFA. No comments were filed addressing the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

Congressional Review Act

    The Commission will submit the Report and Order to the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, for concurrence as to whether this 
rule is ``major'' or ``non-major'' under the Congressional Review Act, 
5 U.S.C. 804(2). The Commission will send a copy of this Report and 
Order to Congress and the Government Accountability Office pursuant to 
5 U.S.C. 801(a)(1)(A).

I. Background

    1. In the United States, the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 
94.1-95 GHz bands (collectively, the 70/80/90 GHz bands) are allocated 
on a co-primary basis for Federal and non-Federal use, as follows.
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    \1\ Additional allocations for Federal and non-Federal use for 
Space Research are on a secondary basis.

------------------------------------------------------------------------
              Band                  Non-Federal use       Federal use
------------------------------------------------------------------------
71-74 GHz.......................  Fixed, Fixed        Fixed, Fixed
                                   Satellite,          Satellite,
                                   Mobile, and         Mobile, and
                                   Mobile Satellite.   Mobile Satellite.

[[Page 33243]]

 
74-76 GHz \1\...................  Fixed, Fixed        Fixed, Fixed
                                   Satellite,          Satellite, and
                                   Mobile,             Mobile.
                                   Broadcasting, and
                                   Broadcasting
                                   Satellite.
81-84 GHz.......................  Fixed, Fixed        Fixed, Fixed
                                   Satellite,          Satellite,
                                   Mobile, Mobile      Mobile, Mobile
                                   Satellite, and      Satellite, and
                                   Radio Astronomy.    Radio Astronomy.
84-86 GHz.......................  Fixed, Fixed        Fixed, Fixed
                                   Satellite,          Satellite,
                                   Mobile, and Radio   Mobile, and Radio
                                   Astronomy.          Astronomy.
92-94 GHz, 94.1-95 GHz..........  Fixed, Mobile,      Fixed, Mobile,
                                   Radio Astronomy,    Radio Astronomy,
                                   and Radiolocation.  and
                                                       Radiolocation.
------------------------------------------------------------------------

    In the 71-76 GHz (70 GHz) and 81-86 GHz (80 GHz) bands Fixed, 
Mobile, and Broadcasting services must not cause harmful interference 
to, nor claim protection from, Federal Fixed-Satellite Service 
operations located at 28 military installations. In addition, in the 80 
GHz band, and in the 92-94 GHz and 94.1-95 GHz bands (collectively, the 
90 GHz band), licensees proposing to register links located near 18 
radio astronomy observatories must coordinate their proposed links with 
those observatories. The 94-94.1 GHz frequencies are allocated for 
Federal use for Earth Exploration Satellite (active), Radiolocation, 
and Space Research (active) and for non-Federal use for Radiolocation. 
Additionally, the adjacent 86-92 GHz band is allocated for Federal and 
non-Federal Earth Exploration-Satellite (passive), Space Research 
(passive), and Radio Astronomy services and is subject to footnote 
US246.
    2. In 2003, the Commission established service rules for non-
Federal use of the 70/80/90 GHz bands through a two-step, non-exclusive 
licensing regime. Users first obtain a nationwide, non-exclusive 
license for the entire 12.9 gigahertz of the 70/80/90 GHz bands and 
then register individual links in a database administered by third-
party database managers. Since 2004, the Wireless Telecommunications 
Bureau (WTB) has designated four entities to be database managers; 
there are currently two: Comsearch and Micronet Communications, Inc. In 
order for a link to be registered, it must be coordinated successfully 
with Federal operations--typically through the National 
Telecommunications and Information Administration's (NTIA) online, 
automated mechanism. If a proposed link does not interfere with 
existing Federal operations then it is given a ``green light;'' if it 
may interfere with existing Federal operations, then it is given a 
``yellow light,'' indicating that the licensee must file a registration 
application for the link with the FCC for coordination with NTIA. The 
``green light''/``yellow light'' system protects the sensitive nature 
of the locations of military installations. Also, the licensee must 
provide an analysis to the third-party database manager demonstrating 
that the proposed link will neither cause harmful interference to, nor 
receive harmful interference from, any previously registered non-
government link. Licensees are afforded first-in-time priority for 
successfully registered links relative to links that are successfully 
registered at a later point in time. Registered links must be 
constructed within 12 months of their registration. Under part 101, 
non-Federal licensees may use the 70/80/90 GHz bands for any point-to-
point, non-broadcast service.
    3. In June 2020, the Commission adopted the aforementioned 70/80/90 
GHz NPRM in this proceeding, seeking comment on both adopting new rules 
and updating preexisting rules to further enable non-Federal uses of 
the 70/80/90 GHz bands. Among a range of issues and proposals--which 
the Commission said it would work with NTIA to evaluate--the 70/80/90 
GHz NPRM sought comment on requests from Aeronet Global Communications, 
Inc. (Aeronet) to authorize point-to-point links to endpoints in motion 
in the 70 GHz and 80 GHz bands to facilitate broadband service to ships 
and aircraft in motion, as well as on whether to classify those links 
as ``mobile'' service (the Aeronet Petitions). Although the Aeronet 
Petitions proposed that endpoints in motion operations be permitted in 
the 70, 80 and 90 GHz bands, several parties that commented on the 
Aeronet Petitions expressed concerns about co-existence with other 
services in the 90 GHz band. The 70/80/90 GHz NPRM did not propose to 
authorize endpoints in motion in the 90 GHz band. Noting that the 70/
80/90 GHz bands could provide a ``unique spectrum resource'' for ``the 
provisioning of broadband services to airplanes, ships, and other 
antennas in motion,'' the Commission sought comment on technical and 
operational rules to allow these new service offerings in the 70 GHz 
and 80 GHz bands and to mitigate interference to incumbents and other 
proposed users of these bands and adjacent bands.
    4. The 70/80/90 GHz NPRM also proposed several changes to the 
antenna standards for the 70 GHz and 80 GHz bands to provide greater 
flexibility in deploying wireless backhaul, noting industry's 
assessment of its needs. The 70/80/90 GHz NPRM sought comment as well 
on whether adopting a channelization plan would promote more efficient 
use of the 70 GHz and 80 GHz bands. In addition, the 70/80/90 GHz NPRM 
asked about whether the Commission should make changes to the link 
registration rules for the 70, 80, and 90 GHz bands. Parties including 
aeronautical and satellite companies, radio astronomy interests, 
equipment manufacturers, fixed and mobile wireless entities, and 
organizations focused on meteorology filed in response to the 70/80/90 
GHz NPRM. Commenters discussed Aeronet's proposals, the suitability of 
the bands for backhaul, and a range of ways to improve the bands' 
overall functionality (such as channelization and updates to the 
relevant antenna standards and link registration process).
    5. Following the 70/80/90 GHz NPRM, in October 2021 WTB issued a 
Public Notice seeking to further develop the record on the use of High 
Altitude Platform Stations (HAPS Public Notice) or other stratospheric-
based platform services in the 70/80/90 GHz bands. 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.'' Fifteen Comments and five 
Reply Comments were filed in response to the HAPS Public Notice, with 
participants ranging from past commenters on the original 70/80/90 GHz 
NPRM to additional governmental entities and public interest groups, 
among others.
    6. In the 70/80/90 GHz NPRM, the Commission committed to coordinate 
with NTIA prior to adopting any rules in this proceeding that would 
affect Federal users, given that allocations for the 70 GHz and 80 GHz 
bands include both Federal and non-Federal use. In response to the 70/
80/90 GHz NPRM, NTIA established a technical interchange group (TIG) 
with representatives from the affected Federal agencies, including 
National Aeronautics and Space Administration,

[[Page 33244]]

the National Oceanic and Atmospheric Administration, the National 
Science Foundation, the Department of the Air Force, and NTIA itself 
(collectively, the Federal Agencies) (Federal Agencies Letter). 
Commission staff participated in regular information exchange meetings 
with the TIG. The Federal Agencies, through NTIA, submitted a summary 
of their analyses and a set of proposed interference mitigation 
measures to the record. On October 18, 2023, the Bureau issued a Public 
Notice seeking to refresh the overall record in this proceeding and 
seeking comment, in particular, on the Federal Agencies' proposals 
(Refresh Public Notice). Nine parties--eight of which had already 
participated in the record to date--filed comments in response to the 
Refresh Public Notice.

II. Report and Order

    7. After reviewing the record, the Commission adopts rules to allow 
for point-to-point links to endpoints in motion--specifically, links on 
aircraft and on ships--in the 70 GHz and 80 GHz bands under its part 
101 rules. The Commission also adopts changes to its rules to 
facilitate the use of the 70 and 80 GHz bands for backhaul, including 
through the use of smaller antennas, and to improve the accuracy of the 
link registration database for the 70/80/90 GHz bands. Specifically, 
the Commission adopts proposals to increase maximum antenna beamwidth 
from 1.2 degrees to 2.2 degrees; reduce minimum antenna gain from 43 
dBi to 38 dBi while retaining the proportional EIRP reduction 
requirement; eliminate the co-polar and relax the cross-polar 
discrimination requirements at angles less than 5 degrees; revise the 
co-polar and cross-polar discrimination requirements at angles between 
5 degrees and 180 degrees; and allow minor modifications to 
registrations in the 70/80/90 GHz bands without the loss of first-in-
time rights. The Commission further adopts a channelization plan 
consistent with Recommendation ITU-R F.2006. Finally, the Commission 
adopts a requirement that licensees certify that each link is 
constructed and operating within 12 months of successful registration 
in the link registration system (LRS) administered by third-party 
database managers.

A. Enabling Point-to-Point Communications to Aircraft and Ships

    8. Pursuant to the Aeronet Petitions--one addressing aeronautical 
service, the other maritime service--the 70/80/90 GHz NPRM proposed to 
authorize point-to-point links to endpoints in motion on aircraft and 
on ships in the 70 GHz and 80 GHz bands. The 70/80/90 GHz NPRM sought 
comment on this proposal, with a focus on potential impacts on other 
services, including radio astronomy service (RAS), Earth Exploration-
Satellite Service (passive) (EESS), FSS, and terrestrial fixed point-
to-point links in the Fixed Service (FS).
    9. As noted above, in the 70/80/90 GHz NPRM the Commission 
committed to coordinate with NTIA prior to adopting any rules in this 
proceeding that would affect Federal users; this coordination 
ultimately resulted in the work of NTIA's TIG and the submission of the 
Federal Agencies Letter, which was one of the topics specifically noted 
in the Commission's Refresh Public Notice. Both the Federal Agencies 
Letter and the responsive filings in the record have advanced the 
Commission's efforts to enable innovative new uses of this band in both 
the aeronautical and the maritime contexts, while ensuring adequate 
interference protection for incumbents and other authorized services in 
these and adjacent bands.
    10. In order to facilitate increased provision of broadband service 
and enhanced competition in the aviation and maritime markets, the 
Commission adopts rules authorizing point-to-point links to endpoints 
in motion on aircraft and on ships, pursuant to specifications and 
restrictions described below. These rules will permit increased 
broadband access in this space while protecting important incumbent and 
Federal operations.
1. Authorization and Framework
    11. Classification of Services. The Aeronet Petitions requested 
that the Commission categorize Aeronet's proposed services as fixed 
services. In the 70/80/90 GHz NPRM, however, the Commission instead 
proposed to classify service to endpoints in motion as a mobile 
service, because its rules define ``fixed service'' as a 
``radiocommunication service between specified fixed points,'' which 
endpoints in motion inherently are not. Several commenters supported 
the Commission's approach, including Boeing, the Fixed Wireless 
Communications Coalition (FWCC), and Loon, which also requested that 
the Commission makes sure any definition of ``mobile'' include mobile 
components of HAPS systems as well. The Wireless internet Service 
Providers Association (WISPA) alone opposed mobile classification, on 
the grounds that one endpoint of the transmission is fixed, and 
therefore the service does not reach ``full mobility,'' and also 
because the appropriate comparison is with the Fixed Satellite Service, 
which may provide service to Earth Stations in Motion (ESIMs) without 
being reclassified as ``Mobile-Satellite Services.'' WISPA also argued 
that if the Commission does classify services to endpoints in motion as 
mobile, the Commission should classify them as aeronautical mobile and 
maritime mobile specifically, as those terms are defined in the 
Commission's existing rules.
    12. The Commission finds WISPA's arguments unpersuasive. Other 
mobile services, for example cellular service, ubiquitously involve 
transmissions from one fixed point (the base station) to a variety of 
mobile points (the cell phone), without risking reclassification as a 
fixed service. As between ``mobile'' and ``aeronautical mobile,'' the 
Commission notes that a classification as simply ``mobile'' encompasses 
aeronautical use. Similarly, as between ``mobile'' and ``maritime 
mobile,'' a classification as simply ``mobile'' encompasses maritime 
use. Given the otherwise favorable record, and the Commission's 
existing rules, the Commission concludes that the service the 
Commission authorize, involving transmissions to and from aeronautical 
endpoints in motion, is a mobile service.
    13. As noted in the 70/80/90 GHz NPRM, the Commission's 
authorization of a mobile service in the 70 GHz and 80 GHz bands 
constitutes a revisiting of the Commission's previous actions in the 
Spectrum Frontiers proceeding. At that time, the Commission declined to 
authorize mobile use in the 70 GHz and 80 GHz bands, but reserved the 
right to revisit the issue of possible methods of promoting coexistence 
between fixed links and mobile operations as mobile deployments 
increased in other millimeter-wave bands, as technology developed, and 
as additional options or frameworks for coexistence of fixed and mobile 
services in the same band were brought forth. In the six years since 
the 2017 Spectrum Frontiers Order, there have been considerable 
advances in both technology and sharing paradigms--and Aeronet and 
other parties have continued to submit new analyses on possible 
coexistence. The Commission therefore conclude that revisiting the 
Commission's previous stance on this matter is warranted and 
appropriate. The Commission notes that the mobile services that the 
Commission permits pursuant to its decisions in this Report and Order 
are subject to significantly different rules and requirements than the 
part 30 rules the Commission contemplated in 2017.
    14. Limitation to 70 GHz and 80 GHz Bands. In the 70/80/90 GHz 
NPRM, the

[[Page 33245]]

Commission noted various concerns already in the record regarding 
potential harmful interference to Enhanced Flight Vision Systems (EFVS) 
and Foreign Object Detection (FOD) systems from Aeronet's proposed 
service in the 90 GHz band and, on that basis, proposed to allow 
endpoint-in-motion operations only in the 70 GHz and 80 GHz bands, 
while continuing to seek comment on the issue. Since then, additional 
concerns have been raised by numerous other entities regarding proposed 
aeronautical use of the 90 GHz band, due to both potential 
incompatibility with proposed use by EFVS and FOD systems, and 
potential harmful interference to radio astronomy and remote sensing 
receivers in the 86-92 GHz band and at 94.0-94.1 GHz. Given the many 
concerns raised in the record, and the relatively greater interest 
expressed in expanding use of the 70 GHz and 80 GHz bands, the 
Commission concludes that the risk of harmful interference to incumbent 
and adjacent services outweighs the benefit to consumers of allowing 
service to aeronautical endpoints-in-motion in the 90 GHz band. As 
proposed in the 70/80/90 GHz NPRM, the Commission therefore authorizes 
endpoint-in-motion service only in the 70 and 80 GHz bands. At this 
juncture, the new service covers: (1) in the aeronautical space, 
ground-to-air and air-to-ground transmissions between ground stations 
and aircraft, and air-to-air transmission between aircraft in flight; 
and (2) in the maritime space, ship-to-shore, shore-to-ship, shore-to-
aerostat, aerostat-to-ship, aerostat-to-shore, and ship-to-ship 
transmissions. For purposes of both the Report and Order and Further 
Notice, the Commission considers the term ``aerostat'' to mean an 
airborne transmitter operating within a small specified area, below 
1,000 feet of elevation, regardless of method of propulsion.
    15. Coordination, Licensing, and Registration. In the 70/80/90 GHz 
NPRM, the Commission sought comment generally on what changes to the 
70/80/90 GHz coordination, licensing, and registration framework might 
be necessary in order to facilitate the operation of endpoints in 
motion under part 101. The Commission also proposed to incorporate such 
operations, to the extent ultimately authorized, into the current 
framework of non-exclusive, nationwide licensing used for fixed point-
to-point operations in these bands. The record is fairly thin on the 
specifics of the appropriate licensing framework; most commenters 
focused on whether the Commission should authorize this service as an 
initial matter. However, several commenters did voice support for 
including any new service in the existing third-party database 
management system.
    16. In order to allow service to aeronautical and maritime 
endpoints in motion to deploy efficiently and without causing harmful 
interference to incumbent operations and other services in these bands, 
the applicable licensing mechanism must support adequate coordination 
with those other services without being unduly burdensome on both 
incumbent and new operators. To this end, the Commission will require 
prospective operators of service to aeronautical and maritime endpoints 
in motion to first apply for and receive a nationwide, non-exclusive 
license. This license will establish the prospective operator's 
qualification to be a licensee and will serve as a blanket license for: 
(1) on the aeronautical side, air-to-air operations, and as a 
prerequisite to register ground-to-air (GTA) stations and associated 
air-to-ground (ATG) transmission; and (2) on the maritime side, as a 
prerequisite to register ship-to-shore, shore-to-ship, shore-to-
aerostat, aerostat-to-ship, and aerostat-to-shore transmissions. The 
Commission clarifies that as of the effective date of the rules, the 
Commission is adopting, all nationwide, non-exclusive licenses for the 
70/80/90 GHz service will include the service areas set forth in 
section 101.1501, as revised.
    17. In the matter of coordinating and registering individual 
aeronautical stations and links, the Commission proposed in the 70/80/
90 GHz NPRM to require coordination and registration for not only GTA 
stations and ATG transmissions, but also air-to-air links between two 
aircraft in motion. The Commission also sought comment on how all types 
of links should be represented or described in their registrations, as 
the current system, designed for fixed point-to-point links on the 
ground, does not account for potential differences in altitude or the 
varying orientation of links to endpoints in motion. Several commenters 
noted the potential difficulty of coordinating air-to-air links, due 
not only to these different characteristics, but also their temporary 
and transient nature. Aeronet proposed coordinating three-dimensional 
polyhedrons for air-to-air links, which DSA supports, within a 
horizontal altitude band from 10,000 to 50,000 feet. However, concerns 
in the record about potential harmful interference from air-to-air 
transmissions stem mainly from such transmissions' specific angle, 
direction, or distance from specific sites (most of which would not be 
addressed by registration of polyhedrons) that can be addressed 
directly with specific limitations. Due to the difficulties of 
adequately representing the potential interference from these links in 
the existing database structure, and in light of the various 
interference mitigation measures the Commission also adopts (discussed 
below) to answer those concerns, the Commission will not require 
registration or coordination of individual air-to-air links.
    18. In the matter of coordinating and registering individual 
maritime stations and links, the Commission proposed in the 70/80/90 
GHz NPRM to require coordination and registration for not only ship-to-
shore and shore-to-ship transmissions, but also ship-to-ship and ship-
to-node (i.e., as described in this item ship-to-aerostat). The 
Commission also sought comment on how all types of links should be 
represented or described in their registrations, as the current 
system--designed for two-dimensional fixed point-to-point links on the 
ground--does not account for potential differences in three-dimensional 
space-to-endpoints in motion. As explained immediately above, 
commenters focused on the potential difficulty of coordinating air-to-
air links, and Aeronet proposed a system of three-dimensional 
polyhedrons for the same. Similar in-depth discussion around maritime-
related links did not develop in the record.
    19. After receiving the nationwide license, aeronautical operators 
will coordinate with Federal operators and register GTA stations and 
associated ATG transmissions and must not operate such facilities until 
registration has successfully been completed. Air-to-air operations 
will not be separately registered but may only operate under a 
nationwide license if the communication is associated with a registered 
GTA or ATG registration. All GTA and ATG operations, including 
operations transmitting to or from aeronautical endpoints in motion and 
associated ground stations, will be afforded protection from other 
operations on a first-in-time basis, and must afford those other 
operations the relevant first-in-time protections in turn.\2\
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    \2\ The Commission notes the request of CTIA and others that the 
Commission grants priority to fixed service in these bands over new 
uses. Fixed service in these bands has been co-primary with other 
services, including mobile service, for some time. Adopting new 
service rules for these existing allocations does not change the co-
primary status of the fixed service. Additionally, incorporating 
these new aeronautical and maritime services into the existing 
registration regime with first-in-time protection effectively 
protects all existing operations, including fixed operations, from 
all deployments in these services. That subsequent deployments will 
be protected from each other on a first in time basis is also 
consistent with the co-primary nature of the allocations.

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[[Page 33246]]

    20. After receiving the nationwide license, maritime operators will 
coordinate with Federal operators and register shore-to-ship 
transmitters, shore-to-aerostat transmitters, ship-to-shore 
transmitters, and aerostat relay stations. As with GTA and ATG 
transmissions, all such maritime operators must not operate any 
facilities until registration has successfully been completed. All such 
maritime operations will be afforded protection from other operations 
on a first-in-time basis and must afford those other operations the 
relevant first-in-time protections in turn.
    21. The Commission delegates authority to WTB to establish specific 
procedures to be followed for coordinating and registering aeronautical 
and maritime stations and their associated transmissions, to be set 
forth in a future publication or publications. The Commission note, in 
relation to technical discussion raised by certain parties in the 
docket, that validation of new aeronautical and maritime systems' 
ability to not cause interference may involve processes beyond the 
third-party database system. Additionally, the Commission delegates 
authority to WTB and the Office of Engineering and Technology (OET) to 
establish a process, in coordination with NTIA, for demonstrating that 
technologies for point-to-endpoint-in-motion communications to aircraft 
and ships are capable of meeting the specific technical and operating 
requirements adopted in this Report and Order. The Commission instructs 
WTB and OET to take such actions as authorized by sections 0.241(l) and 
0.331(g) of its rules, which the Commission adopts, and to do so 
expeditiously.
2. Technical and Operational Rules
    22. In the 70/80/90 GHz NPRM, the Commission sought comment on what 
changes to its current rules might be necessary to facilitate the 
contemplated aeronautical and maritime services, while protecting 
incumbent and Federal operations. The Commission also sought comment 
generally on any interference mitigation measures not specifically 
mentioned that might be necessary to protect other operations.
    23. In response to the 70/80/90 GHz NPRM, some commenters argued--
focusing on the aeronautical context in particular--that a more 
developed record would be necessary to support the authorization of 
aeronautical mobile service along the lines proposed by Aeronet, given 
the potential for interference to incumbent and other potential 
services. Other commenters disagreed. Maritime service was largely 
unaddressed in the record. A small number of parties--including SpaceX, 
T-Mobile, and Verizon--raised more specific, albeit still highly 
generalized, objections to the 70/80/90 GHz NPRM's proposed maritime 
authorizations, citing in part concerns over potential impacts on fixed 
wireless backhaul, among other issues. Others generally endorsed the 
adoption of the proposed maritime regime.
    24. Since the initial comment period to the 70/80/90 GHz NPRM, 
additional submissions to the record, including detailed contributions 
from NTIA and other Federal agencies, have enhanced the depth of the 
record. The Commission's increased understanding of potential 
interactions between Aeronet's proposed service and incumbent, 
adjacent, and other potential operations (including sensitive 
operations such as weather satellites in the EESS) now allows us to set 
forth a series of technical and operational rules calculated to protect 
all services from harmful interference within the 70 GHz and 80 GHz 
bands and adjacent to them.
    25. Except as noted below, the aeronautical and maritime mobile 
services the Commission authorize will be governed by part 101 of its 
rules. Though part 101 currently encompasses only fixed services, the 
Commission finds it appropriate to place the service rules governing 
aeronautical and maritime mobile services in the 70 GHz and 80 GHz 
bands within the same rule part. In addition, operators of these new 
services must coordinate with operators in the existing FS, and part 
101 is the logical home for rules related to that coordination. The 
technical and operational rules the Commission sets forth below are 
sufficient to accommodate the different technical characteristics of 
these aeronautical and maritime transmissions.
    26. Guard Bands. The Commission did not specifically seek comment 
in the 70/80/90 GHz NPRM on the potential use of guard bands as means 
of protecting services in adjacent bands from harmful interference. 
Several commenters suggest them, particularly to protect both EESS 
satellites and RAS facilities in the 86-92 GHz band. However, the 
analysis submitted by the Federal Agencies, which includes NASA and 
NOAA, instead relies upon specified out of band emissions (OOBE) limits 
to protect EESS. Because the Federal Agencies' analysis supports 
coexistence between the new aeronautical and maritime services and 
services in adjacent bands without the use of a guard band, no 
commenters objected to the lack of guard bands in response to the 
Refresh Public Notice, and based on the Commission's engineering 
analysis of the Federal Agencies' recommendations, the Commission 
declines to adopt guard bands as an interference protection measure 
here.
    27. Transmission Power Levels. In the 70/80/90 GHz NPRM, the 
Commission sought comment on Aeronet's request to increase the maximum 
allowable mobile equivalent isotropically radiated power (EIRP) for the 
70 GHz and 80 GHz bands from +55 dBW to +57 dBW. CORF and satellite 
operators objected to this proposal, on the grounds that an increased 
power level would unacceptably increase the risk of harmful 
interference to FSS and RAS operations. Qualcomm supported the 
increase, arguing that atmospheric attenuation in these bands should be 
sufficient to mitigate interference concerns. Aeronet argues that the 
proposed increase is minimal and that the highly directional nature of 
transmissions in its proposed service will work to avoid incidents of 
harmful interference. The Federal Agencies' analysis of potential 
interference into Federal operations assumes +57 dBW, and suggests that 
the recommended interference mitigation measures in its report would be 
sufficient to protect Federal operations from an aeronautical mobile 
service operating at that power level.
    28. The Commission acknowledges the concerns of satellite operators 
and the RAS community about potential interference from the services 
that this item contemplates, as discussed in more detail below. 
However, the Federal Agencies' analysis addresses potential harmful 
interference to both RAS and FSS operations, and the Commission find it 
persuasive based on its review of the record and its independent 
analysis. As the Commission also adopts the interference mitigation 
measures recommended in that report, the Commission adopts a maximum 
EIRP level of +57 dBW for transmissions in these new aeronautical and 
maritime mobile services.
a. Transmissions Between Aircraft and Ground Stations
    29. In introducing a new aeronautical mobile service to these 
bands, care must be taken to ensure compatibility with

[[Page 33247]]

existing and other authorized services, both in the 70 GHz and 80 GHz 
bands, and adjacent to them. The record reflects a variety of concerns 
about the potential impact on these other services. To address these 
concerns, the Commission adopts a number of interference mitigation 
measures specifically related to transmissions between ground stations 
and aircraft in flight, described below. Ground-to-air and air-to-
ground transmissions are limited to the 80 GHz and 70 GHz bands, 
respectively; ground stations must be located a minimum distance away 
from RAS facilities, fixed stations, and FSS earth stations; specific 
OOBE limits above 86 GHz must be observed; and minimum and maximum 
elevation angles for ground-to-air transmissions are required.
    30. Several commenters expressed concern regarding air-to-ground 
transmissions in the 80 GHz band, due to the potential for such 
transmissions to cause harmful interference to RAS operations. No 
party, including Aeronet, has argued that downlink transmissions in the 
80 GHz band are necessary to provide aeronautical service, provided 
that the 70 GHz band is available for that purpose. AT&T notes in its 
comments that a channel plan that designates different parts of the 70 
GHz or 80 GHz bands for uplink versus downlink signals would be 
beneficial to reduce self-interference to air-to-ground and ground-to-
air mobile systems. In addition, having air-to-ground transmissions in 
the 70 GHz band and ground-to-air transmissions in the 80 GHz band 
creates directional consistency with the bands designated for space-to-
Earth (71-76 GHz) and Earth-to-space (81-86 GHz) in the FSS service. 
Aeronet's technical study indicates compatibility with the FSS services 
while assuming air-to-ground transmissions in the 70 GHz band and 
ground-to-air transmissions in the 80 GHz band. SpaceX supported 
Aeronet's study. The Commission therefore authorizes air-to-ground 
transmissions only in the 70 GHz band.
    31. Many commenters suggested that some separation distance between 
aeronautical ground stations and operations of other services, 
including RAS stations, FSS earth stations, and fixed point-to-point 
links, would be either advisable or necessary to reduce the risk of 
harmful interference. The Federal Agencies' analysis provides specific 
values for such separation distances: greater than 10 km for licensed 
FSS earth stations, 10 km for fixed point-to-point transmitters, and 
150 km for RAS operations. That analysis also asserts that in order to 
protect RAS operations, ground stations should not transmit in the 
direction of an RAS facility, or receive transmissions from aircraft in 
that direction, such that the transmission enters the appropriate 
``zone of avoidance'' around the facility. In response to the Refresh 
Public Notice, NRAO raised concerns that this 150 km separation 
distance may be inadequate to protect RAS operations in the 76-81 GHz 
band specifically.
    32. The Commission finds the conclusions of the Federal Agencies' 
analysis persuasive. No other party has submitted alternative 
suggestions for separation distances with respect to Federal 
operations. With regard to NRAO's concerns, the Commission notes that 
as the Technical Interchange Group that produced the Federal Agencies 
Letter specifically considered interference into the 76-81 GHz band, 
and as NSF, with which NRAO is affiliated, participated in the TIG and 
endorsed its output, the Commission will defer to the expertise of NSF 
in this matter. Accordingly, the Commission adopts a minimum separation 
distance of 150 km between RAS facilities and aeronautical ground 
stations.
    33. With respect to FS and FSS, although the 10 km distances were 
calculated specifically with Federal operations in mind, the Commission 
finds that a 10 km distance separation should apply with respect to 
non-Federal operations in these services. With respect to FSS, the 
record generally supports the 10 km separation distance without 
objection. For example, Aeronet's study showing compatibility between 
its system and FSS concluded that a 10 km separation distance would be 
sufficient to prevent interference, and SpaceX supports this 
conclusion. With respect to FS, Aeronet contends that applying a 10 km 
separation requirement for ground stations is unnecessary and possibly 
counterproductive given that Aeronet expects to, in some cases, be able 
to co-locate with backhaul links. FWCC and CTIA, on the other hand, 
assert that the 10 km separation distance is necessary to protect non-
Federal FS stations. Based on the Commission's assessment of the 
record, the Commission does not find any technical reason to adopt a 
different separation distance between ground stations and non-Federal 
FS stations than the Commission adopts for the separation between 
ground stations and Federal FS stations. Moreover, in response to 
Aeronet's concern that a 10 km separation distance could preclude co-
location of ground stations with backhaul links, the Commission notes 
that ground stations can be separated less than 10 km from backhaul 
links pursuant to coordination agreements, and the Commission 
encourages all parties to explore more efficient interference 
protection parameters in the context of those discussions. The 
Commission finds that a 10 km coordination requirement strikes the 
appropriate balance for sharing between the longstanding use of the 
bands under the fixed allocation and the new uses under the co-primary 
mobile allocation--including ground stations with antennas that are not 
static.
    34. While Comsearch assumed a larger coordination area around FS 
stations than 10 km, the Commission notes that its analysis uses 
conservative assumptions to calculate an area on the ground that could 
be illuminated by an aircraft antenna (for example, the Comsearch 
analysis assumes an aircraft altitude of 50,000 ft, whereas most 
commercial aircraft typically fly between 31,000 and 38,000 feet). This 
worst-case calculation does not take into account a number of factors 
that would reduce the interference potential, most notably the 
directional nature of transmissions from the aircraft. Considering the 
relative potential interference between ground stations and FSS versus 
FS, the Commission notes the following: (1) the elevation angle of FSS 
earth station receive antennas makes them more likely to be co-linear 
with the air-to-ground link; (2) due to the long path from space-to-
Earth, the desired signal at a satellite earth station from a satellite 
would typically be weaker than the desired signal at an FS receiver 
from its transmitter (in other words, the C in the C/I ratio would be 
higher for any FS station); and (3) the Federal FSS study assumed an 
interference threshold of I/N = -12.2 dB would be required to protect 
FSS, whereas the typical interference threshold for FS is 1.0 dB of 
degradation of the static threshold of the protected receiver, which 
equates to an I/N of -6 dB. These factors all indicate that FS would be 
less susceptible to interference from air-to-ground or ground-to-air 
links than FSS. The Commission therefore concludes that there is no 
need for the separation distance between ground stations and FS 
stations to be any greater than the separation distance between ground 
stations and FSS stations. Accordingly, the Commission adopts a minimum 
separation distance 10 km between proposed aeronautical ground stations 
and any registered fixed point-to-point transmitter or FSS earth 
station, Federal or non-Federal, in the absence of a coordination 
agreement with the fixed station or FSS earth station operator.

[[Page 33248]]

    35. Commenters in the record evidenced significant concern 
regarding protection of EESS sensors above 86 GHz from harmful 
interference due to spurious emissions from the 80 GHz band. The 
Commission sought comment on what interference mitigation measures 
might be necessary to protect EESS services operating in the 86-92 GHz 
band. CORF, ESA/EUMETSAT, and the World Meteorological Organization 
suggest that the OOBE limits in the Commission's rules should be 
updated to conform to the standard set forth in ITU-R Resolution 750. 
The Federal Agencies, based on an independent analysis incorporating 
specific details of Aeronet's proposed system, recommend an OOBE limit 
of -38.5 dBW in any 100 megahertz of the passive band 86-92 GHz for 
ground-to-air transmissions.
    36. The Commission finds the recommendation of the Federal Agencies 
to be persuasive. The Commission acknowledges that this OOBE limit is 
slightly more lenient than that urged by CORF and others. However, the 
Federal Agencies' analysis takes into account specific characteristics 
of Aeronet's proposed system. The Commission is therefore confident 
that their resulting conclusions are sufficient to adequately protect 
EESS operations. The Commission adopts an OOBE limit of -38.5 dBW in 
any 100 megahertz of the passive band 86-92 GHz for ground-to-air 
transmissions.
    37. Minimum and Maximum Elevation Angles. In the 70/80/90 GHz NPRM, 
the Commission sought comment on a minimum elevation angle of five 
degrees for transmissions from ground stations, consistent with the 
parameters in Aeronet's initial petition. Some commenters suggest that 
lower elevation angles, such as three or even 1.5 degrees, would be 
sufficient to prevent harmful interference. Hughes argues that lower 
elevation angles might require larger separation distances between 
these aeronautical ground stations and FSS ground stations, thereby 
hampering future deployment of FSS service. Geneva Communications is 
generally supportive of some minimum elevation angle in order to 
protect incumbent Fixed users, and FWCC supports a 5 degree minimum 
specifically. Loon argues that any minimum elevation angle would favor 
some systems or business models over others, and thereby restrict 
competition. Comsearch's analysis of the potential impact of Aeronet's 
proposed service on other services in the 70/80/90 GHz bands concludes 
that a minimum elevation angle of five degrees significantly mitigates 
the potential for interference into fixed point-to-point links. Aeronet 
subsequently indicated that a minimum elevation angle of five degrees 
could impact deployment timing and costs compared to a lower angle such 
as three degrees.
    38. The Commission adopts a minimum elevation angle of five degrees 
for ground stations in this aeronautical service. This is consistent 
with Aeronet's initial petition and with the record before us. The 
Commission notes that the Federal Agencies Clarification Letter stated 
that one study initially conducted by the Federal Agencies assumed 3 
degree minimum elevation angles. However, in the record before the 
Commission, Aeronet has only proposed a 5 degree minimum elevation 
angle, both in its own Petition and in studies that Aeronet 
commissioned. The OOBE limit of -38.5 dBW in any 100 megahertz of the 
passive band 86-92 GHz for ground-to-air transmissions, as recommended 
in the Federal Agencies Clarification Letter, accounts for a 5 degree 
minimum elevation angle.
    39. The Commission finds Loon's argument against any minimum 
elevation angle unpersuasive. Elevation angle is routinely an area of 
potential concern in bands where terrestrial service coexists with 
services operating at altitude; for example, part 25 of the 
Commission's rules, which provides the default rules for satellite 
operations, requires that satellite earth stations not transmit at 
elevation angles below five degrees in any band shared with a 
terrestrial radio service. Adopting a similar restriction on 
aeronautical services is motivated by similar interference protection 
concerns and remains a technology-neutral requirement. Given the 
concerns raised in the record about lower elevation angles, the 
Commission concludes that five degrees is the most appropriate value. 
That said, the Commission recognizes the benefits to efficient spectrum 
use, and ultimately consumers, of permitting parties to agree to less 
stringent interference mitigation measures than required under its 
rules. Accordingly, WTB will consider any request for waiver of this 
rule through the Commission's existing regulatory processes, subject to 
coordination with NTIA to ensure that Federal incumbents are protected 
from harmful interference and, as Aeronet suggests, ``coordination with 
other potentially impacted parties based on real-world data.''
    40. The Commission also adopts a maximum elevation angle of forty-
five degrees for aeronautical ground stations. Though this parameter 
was not included in Aeronet's petition, it is the maximum elevation 
angle used by the Federal Agencies in their analysis of potential 
harmful interference to Federal operations, and these assumptions about 
likely operational parameters were based on input from Aeronet. Because 
this analysis shows that elevation angles of up to forty-five degrees 
can (under certain other parameters) coexist successfully with Federal 
operations, and because the Commission lacks evidence in the record 
that transmissions above that angle of elevation will not cause harmful 
interference to Federal or other satellite operations, the Commission 
adopts a maximum elevation angle of forty-five degrees.
    41. Together, these technical parameters and interference 
mitigation measures will ensure that operators in this aeronautical 
mobile service will be able to successfully operate, while also 
protecting operators in other services.
b. Transmissions Between Aircraft in Flight
    42. Air-to-air transmissions present a unique set of 
characteristics in terms of the potential for interaction with other 
services, in both the same and adjacent bands, and accordingly, 
considerable attention has been paid to how harmful interference from 
such transmissions might be avoided. In the 70/80/90 GHz NPRM, the 
Commission sought comment generally on potential interference 
mitigation measures. Many commenters raised concerns about the 
potential for harmful interference into other services, particularly 
RAS sites above 86 GHz. In response to these concerns, Aeronet, 
Comsearch, and other commenters suggested a variety of potential 
mitigation measures. In particular, the Federal Agencies submitted a 
report with both suggested interference mitigation measures and 
underlying analysis supporting them, which they suggest would be 
sufficient to protect Federal operations both in the 70/80 GHz bands 
and in adjacent bands from harmful interference from air-to-air 
transmissions.
    43. After reviewing the record, and as discussed in more detail 
below, the Commission adopts the following technical and operational 
restrictions on transmissions between aircraft in flight, in order to 
reduce the risk of harmful interference to other services. Air-to-air 
transmissions will be authorized in both the 70 GHz and 80 GHz bands. 
The Commission establishes an OOBE limit of -29.7 dBW in any 100 
megahertz of the passive band 86-92 GHz, to protect EESS (passive) 
operations. In the 80 GHz band, the Commission sets a

[[Page 33249]]

maximum allowed EIRP signal level towards any of a specified list of 
RAS sites, varying by transmission frequency and distance from the 
site. In the 70 GHz band, the Commission adopts a similar limit on EIRP 
signal levels toward specified military installations. Finally, the 
Commission adopts both altitude restrictions and a minimum slant path 
distance requirement in order to reduce the risk of harmful 
interference to in-band services, particularly fixed point-to-point 
links.
    44. Several commenters raised concerns in the record that air-to-
air transmissions in the 80 GHz band might produce unwanted emissions 
into the band above 86 GHz that might cause harmful interference to 
services in that band, particularly RAS observatories and EESS 
operations. The Commission agrees with commenters on the importance of 
protecting RAS and EESS operations in the 86-92 GHz band. However, 
based on the analysis by the Federal Agencies, the Commission concludes 
that the interference mitigation measures the Commission adopts, which 
include restrictions on transmissions in the direction of RAS sites, 
are sufficient to allow air-to-air transmissions in both the 70 GHz and 
80 GHz bands.
    45. In the 70/80/90 GHz NPRM, the Commission sought general comment 
on what interference mitigation measures might be necessary to protect 
EESS and RAS services operating in the 86-92 GHz band. Among the 
measures proposed by commenters relating to air-to-air transmissions 
were limiting those transmissions to the 70 GHz band and updating the 
OOBE limits to reflect recent ITU standards. Several commenters also 
discussed the need for any air-to-air transmissions to avoid pointing 
directly at an RAS receiver. The Federal Agencies' analysis recommends 
an OOBE limit of -29.7 dBW in any 100 megahertz of the passive band 86-
92 GHz for air-to-air transmissions in order to protect EESS sensors, 
and a set of restrictions on EIRP levels toward any RAS site depending 
on the distance of the transmitter to the site. Aeronet has represented 
both in the Commission's record and to the Federal Agencies that their 
proposed system has the capability to automatically avoid transmission 
towards specified stationary areas or coordinates corresponding to RAS 
sites, which would enable them to comply with such a requirement.
    46. The Commission adopts an OOBE limit of -29.7 dBW in any 100 
megahertz of the passive band 86-92 GHz for air-to-air transmissions, 
as suggested by the Federal Agencies. The Commission also adopts a 
requirement that air-to-air transmissions, in both the 70 GHz and 80 
GHz bands, not take place within the main beam of an RAS observatory, 
and that if this cannot be assured, no transmissions should take place 
within the radio horizon of the observatory. This restriction was also 
suggested by the Federal Agencies. The Commission adopts these 
requirements in order to protect passive services in the adjacent bands 
(i.e., 76-81 GHz, and above 86 GHz). The Federal Agencies' analysis 
uses ITU recommendations as their starting point, and comprehensively 
considers various factors that may influence both harmful interference 
from aeronautical operations specifically, and aggregate interference 
from those operations, in addition to previously authorized services. 
Accordingly, the Commission concludes that the resulting 
recommendations will be sufficient to protect EESS operations.
    47. The Commission takes protection of RAS operations very 
seriously, and accordingly assign significant weight to the concerns 
expressed in the record, and especially in the Federal Agencies' 
analysis, which discusses protection of RAS operations in detail. In 
order to safeguard these operations, the Commission will follow the 
recommendations of the Federal Agencies in requiring the following 
interference protection measures. First, as a general matter no 
transmissions may occur within the main beam of an RAS station. In 
addition, aircraft within the radio horizon of any RAS station must 
limit the EIRP level towards the RAS stations of any air-to-air 
transmission, as set forth in Fig. 1.

                                                             Fig. 1--List of Maximum Allowable EIRP Levels Toward RAS Sites, in dBW
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Horizontal distance (km)
                        Frequency (GHz)                        ---------------------------------------------------------------------------------------------------------------------------------
                                                                    150          175          200          225          250          275          300          325          350          375
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
81............................................................        -11.2         -8.8         -6.5         -4.2         -1.5          1.1          3.9          6.7           10         13.5
82............................................................        -11.5         -9.2         -6.9         -4.6           -2          0.5          3.2            6          9.2         12.6
83............................................................        -11.7         -9.5         -7.3           -5         -2.4            0          2.7          5.4          8.6         11.9
84............................................................        -11.9         -9.7         -7.5         -5.3         -2.8         -0.4          2.3          4.9            8         11.3
85............................................................        -12.1         -9.9         -7.8         -5.5           -3         -0.7          1.9          4.5          7.6         10.8
86............................................................        -12.2          -10         -7.9         -5.7         -3.3         -0.9          1.7          4.2          7.3         10.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    48. In addition to concerns regarding adjacent band services, the 
Federal Agencies also raised concerns about potential harmful 
interference to co-primary services in the 70 GHz band. Protection of 
fixed point-to-point links, both Federal and non-Federal, is addressed 
below. For protection of Federal FSS operations, the Federal Agencies 
suggest that, similar to protections for RAS stations, EIRP levels from 
air-to-air transmissions within 375 km of a specified military 
installation should not exceed 20 dBW/1000 megahertz toward that 
installation, unless the aeronautical operator has coordinated some 
other allowable level with the Department of Defense. In response to 
the Refresh Public Notice, no commenter objects to these interference 
mitigations measures, nor argues that they are insufficient to protect 
co-primary services in the 70 GHz band. As with protections for RAS 
operations, the Commission finds the Federal Agencies' analysis on this 
point persuasive, particularly since no other commenter touches on the 
interest of Federal FSS operations. Accordingly, the Commission adopts 
the suggested requirement that air-to-air transmitters within 375 km of 
any of the specified military installations \3\ must limit the EIRP of 
their transmissions to 20 dBW toward the military installation site.
---------------------------------------------------------------------------

    \3\ This list, which includes specific coordinates for each 
site, may be found in the Final Rules of the Report and Order at 47 
CFR 101.1528(c). The Department of Navy also seeks to add an 
additional FSS site in Miramar, CA, which is not currently reflected 
in US389, to the list of protected sites in the Commission's part 
101 rules. The Commission is not taking any action in this 
proceeding to modify US389, and thus defer on this request at this 
time.
---------------------------------------------------------------------------

    49. Altitude Restrictions. In its petition for rulemaking, Aeronet 
specified that its proposed service would operate only with aircraft at 
altitudes between 10,000 and 50,000 feet. The Commission does not seek 
specific comment in the 70/80/90 GHz NPRM on this point. DSA suggested 
that

[[Page 33250]]

altitude restrictions are unnecessary because the risk of interference 
into other services is already low, while Loon argued against any 
altitude caps on the theory that they would be harmful to potential 
competition. Geneva Communications suggests that altitude restrictions 
are unnecessary so long as links are adequately and dynamically 
coordinated. FWCC supports a restriction to between 10,000 and 50,000 
feet of altitude.
    50. The Commission rejects Loon's assertion that altitude 
restrictions favor certain technologies or business models over others. 
The record demonstrates that, together with other restrictions, air-to-
air transmissions between 10,000 and 50,000 feet may be accomplished 
without harmful interference to incumbent and adjacent operations; it 
does not demonstrate that transmissions at higher or lower altitudes 
would be similarly successful. As the Commission is unpersuaded that 
mandating dynamic coordination of all air-to-air links is necessary, 
the Commission rejects Geneva Communications' argument as well. 
Consistent with Aeronet's petition, the Commission adopts a minimum 
altitude of 10,000 feet for all air-to-air transmissions in these 
bands, and a maximum altitude of 50,000 feet. Together with the minimum 
slant path distance requirement that the Commission also adopts, these 
altitude restrictions will reduce the risk of harmful interference into 
other services by limiting the area on the ground with line of sight to 
the airborne transmitter, restricting the angle at which air-to-air 
transmissions may enter receivers on the ground, and setting a minimum 
vertical distance (and therefore a minimum amount of atmospheric 
attenuation) between air-to-air transmissions and both terrestrial and 
satellite services.
    51. Minimum Slant Path Distance. In the 70/80/90 GHz NPRM, the 
Commission asked what mitigation measures might be necessary to address 
the risk of harmful interference from air-to-air transmissions between 
aircraft of significantly different altitudes. That risk of 
interference arises from the resulting steep angle of the signal, and 
therefore the increased risk that the transmission ultimately 
illuminates a receiver in another service, especially a fixed point-to-
point receiver along the boresight. Aeronet and Comsearch suggest that 
a minimum slant path distance would reduce any potential harmful 
interference from air-to-air links. Qualcomm argues that a minimum 
horizontal distance between aircraft would be sufficient to render 
potential harmful interference into fixed links negligible. No 
commenters argue against adopting a minimum separation between 
aircraft. Given the state of the record on this point, the Commission 
adopts a minimum slant path distance of 50 kilometers between aircraft 
involved in air-to-air transmissions.
c. Transmissions Between Ships, Shore, and Aerostat Stations
    52. The record generally supports technical and operational 
restrictions on transmissions to and from ship, shore, and aerostat 
stations that are parallel to those adopted for airborne transmissions. 
Shore-to-ship transmissions are only permitted in the 70 GHz band, and 
ship-to-shore transmissions are only permitted in the 80 GHz band. 
Shore-to-aerostat transmissions and aerostat-to-ship transmissions are 
only permitted in the 70 GHz band. Aerostat-to-shore transmissions are 
only permitted in the 80 GHz band. The Commission adopts an OOBE limit 
of -29.7 dBW in any 100 megahertz of the passive band 86-92 GHz for 
ship-to-shore and aerostat-to-shore transmissions in order to protect 
EESS (passive) operations.
    53. Ship-to-ship communications are limited to ships located more 
than 30 km offshore, or closer only where the main beam of the transmit 
antenna is oriented at least 15 degrees away from any point on the 
shore. Ship stations and aerostat stations must only operate when there 
is a minimum separation of 150 km to the Federal facilities listed in 
table 3 to Sec.  101.1528(c)(1) of the Final Rules in this Report and 
Order, absent a coordination agreement with the Federal operator. 
Shore-to-ship, shore-to-aerostat, aerostat-to-shore, and ship-to-shore 
transmission must only occur between stations that are located at least 
10 km from the Federal military installations listed in table 4 to 
Sec.  101.1528(c)(2) of the Final Rules in this Report and Order, 
absent a coordination agreement with the Federal operator. Ship-to-
shore, shore-to-ship, shore-to-aerostat, aerostat-to-ship, and 
aerostat-to-shore operations must coordinate with Federal FS operations 
using the NTIA web-based coordination mechanism to prevent 
interference. The Commission notes that ship-to-aerostat operation has 
not been sufficiently studied, and thus is not permitted at this time, 
although the Commission seeks comment in the Further Notice below on 
its potential implementation. Aeronet, through filings submitted in the 
record, has outlined the important role of bidirectional transmissions 
between ships and aerostats to the two-way maritime broadband services 
otherwise authorized in this Report and Order. During the pendency of 
the Further Notice, WTB will consider requests for waiver with respect 
to specific ship-to-aerostat implementation deployment proposals 
through the Commission's existing regulatory processes, subject to 
coordination with NTIA to ensure that Federal incumbents are protected 
from harmful interference and coordination with any other potentially 
impacted parties.
    54. The same engineering principles that underpin the Commission's 
adoption of technical and operational restrictions for transmissions 
between aircraft and ground stations and aircraft in flight serve as a 
baseline in the maritime context as well, subject to certain 
modifications as set forth herein and in the Final Rules of this Report 
and Order. For example, the Commission clarifies that the Final Rules 
do not establish a minimum elevation angle in the maritime context. 
Opponents of transmissions between ships, shore, and aerostat stations 
predominantly assert the need for further examination of whether 
incumbent or future operations in the bands might suffer interference 
from by maritime operations. The exhaustive TIG process led by the 
Federal Agencies provides the requested examination. Each of the 
restrictions described above finds specific support in the collective 
Federal Agencies Letter, reflecting extensive interagency 
collaboration--collaboration focused in part on ensuring non-
interference with current and future uses of the bands in question--as 
promised by the Commission in the 70/80/90 GHz NPRM. No parties 
objected to adopting the proposed maritime regime the Commission 
describes above following the solicitation of comment on the Federal 
Agencies Letter in the Commission's Refresh Public Notice. The 
Commission finds that the combination of the: (1) Commission's own 
engineering expertise; (2) initial general support for a maritime 
regime found in responses to the 70/80/90 GHz NPRM; (3) further 
examination of specific analyses undertaken in the Federal Agencies 
Letter, and the studies underpinning it; and (4) silence on maritime 
issues in particular in the Refresh Public Notice comment cycle, 
demonstrate that the above-described regime for transmissions between 
ships, shore, and aerostats will protect current and future operations 
both in the 70 GHz and 80 GHz bands, and in adjacent bands.

[[Page 33251]]

B. Facilitating Use of the Bands for Backhaul

    55. To promote more intensive use of spectrum in the 70 GHz and 80 
GHz bands, including use for backhaul for high-capacity 5G service, the 
Commission adopt several changes to its antenna standards that will 
allow licensees to use smaller, lower-cost antennas in these bands, and 
the Commission adopt a channelization plan for the band.
    56. Antenna Standards. The 70/80/90 GHz NPRM proposed several 
changes to the antenna standards for the 70 GHz and 80 GHz band to 
promote flexibility. In particular, the 70/80/90 GHz NPRM proposed to 
reduce minimum antenna gain from 43 dBi to 38 dBi while retaining the 
requirement to proportionally reduce maximum EIRP in a ratio of 2 dB of 
power per 1 dB of gain. It also proposed to reduce the co-polar and 
cross-polar discrimination requirements applicable to 70 GHz and 80 GHz 
band antennas. Further, the 70/80/90 GHz NPRM sought comment on whether 
to allow +/- 45 degree polarization (also known as slant polarization) 
and whether to adopt a second, more flexible set of antenna standards 
in these bands. Commenters generally supported reducing antenna gain 
and co-polar and cross-polar discrimination requirements.
    57. Although the Commission does not regulate the size of antennas 
directly, minimum antenna size is constrained by technical factors 
including the intended operating bands and requirements governing 
beamwidth, gain, and polarization discrimination. Based on the 
Commission's analysis of the record, the Commission determine to relax 
those requirements for the 70 GHz and 80 GHz bands to standards more in 
line with the requirements for point-to-point operations for other part 
101 bands. The Commission acknowledge Fiberless Networks' concern that 
``[a]ny reduction in antenna sizes must ultimately impact the number of 
wireless links using the 71-76 and 81-86 GHz bands that may be deployed 
in any metro area,'' but the Commission are persuaded by the FWCC's 
long-stated advocacy that such changes ``will allow for the use of 
smaller, lighter, lower cost, less susceptible to pole sway, and more 
visually attractive antennas'' that may enable more intensive use of 
the 70 GHz and 80 GHz bands for point-to-point backhaul services. 
Additionally, commenters agree that relaxing these antenna standards 
will also enable the use of smaller antennas for backhaul that will be 
needed to facilitate densified 5G networks. Accordingly, the Commission 
raise the maximum beamwidth to 2.2 degrees and reduce the minimum 
antenna gain to 38 dBi for antennas in the 70 GHz and 80 GHz bands. In 
order to maintain consistency and minimize the risk of interference, 
the proportional power reduction requirement will continue to be 
applicable to antennas in these bands with a gain less than 50 dBi down 
to the new minimum antenna gain of 38 dBi. Lower-gain antennas have 
more energy in their sidelobes as compared to a higher-performance 
antenna, so imposing a proportional reduction in EIRP for antennas with 
a gain less than 50 dB helps to compensate for the additional power in 
the sidelobes--thereby ensuring that a lower-performance antenna does 
not create any greater risk of off-axis interference than a higher-
performance antenna.
    58. The Commission also adopt its proposal to remove the co-polar 
discrimination requirement below 5 degrees and modify the cross-polar 
discrimination requirements below 5 degrees to 21 dB. Some commenters 
argue that both the co-polar and cross-polar discrimination 
requirements are obsolete and propose eliminating those requirements 
entirely. FWCC contends that some of the smaller, lighter antennas its 
members contemplate using cannot meet the existing co-polar 
requirement. In order to maximize the flexibility the Commission seek 
to achieve by relaxing the antenna standards, the Commission eliminate 
the co-polar discrimination requirement at angles less than 5 degrees. 
However, the Commission decline to eliminate the cross-polar 
discrimination requirements below 5 degrees in their entirety. The 
Commission agree with commenters, including the third-party database 
manager Comsearch, that cross-polar discrimination requirements are 
proven to be effective in maximizing frequency reuse in the 70 GHz and 
80 GHz bands. The Commission agrees with Comsearch that reducing the 
cross-polar discrimination requirement for angles less than 5 degrees 
to 21 dB brings its rules closer to conformity with international 
standards without sacrificing the frequency reuse advantages of having 
some cross-polar requirement. The Commission agree with Comsearch that 
a cross-polar discrimination requirement of 21 dB is not ``difficult to 
meet[.]''
    59. Further, the Commission adopt corresponding changes to the co-
polar and cross-polar discrimination requirements at angles between 5 
degrees and 180 degrees. Physics dictates that smaller antennas will 
have less sidelobe suppression. Therefore, corresponding adjustments to 
the discrimination requirements between 5 and 180 degrees are also 
necessary to facilitate the use of smaller antennas. FWCC proposed 
antenna standards for this band that are consistent with the 
Commission's proposed minimum gain of 38 dbi and maximum beamwidth of 
2.2 degrees and also proposed co-polar and cross-polar discrimination 
values for angles between 5 degrees and 180 degrees. FWCC's proposals 
are consistent with ESTI Class 3 antenna standards, and are supported 
by the 5G Wireless Backhaul Advocates and Comsearch. Comsearch 
emphasizes that it is appropriate to provide antenna performance 
requirements between 5 and 180 degrees, as proposed by FWCC. The 
Commission believe that the changes proposed by FWCC and the 5G 
Backhaul Advocates strike a balance, allowing for the use of smaller 
antennas which will promote and expedite backhaul deployment, while 
also preserving an appropriate co-polar and cross-polar advantage 
between paths to promote frequency re-use.
    60. In the 70/80/90 GHz NPRM, the Commission sought comment on a 
proposal to allow +/- 45 degree polarization (slant polarization) in 
the 70 GHz and 80 GHz bands. At this time, the Commission decline to 
modify its rules to adopt slant polarization because the Commission 
agree with most commenters that slant polarization will increase the 
risk of interference and make the coordination of links more difficult. 
As Comsearch notes, allowing slant polarization would ``take away the 
cross-polarization advantage between paths'' which has ``proven to be 
effective in maximizing frequency reuse in the 70 and 80 GHz bands . . 
. .''
    61. The Commission also decline to adopt a second category of 
antenna standards for the 70 GHz and 80 GHz bands. The Commission's 
rules for some other services regulated under part 101 allow for two 
categories of antennas, Category A and Category B; Category A 
performance standards are more stringent than Category B.\4\ In the 70/
80/90 GHz NPRM, the Commission sought comment on whether to adopt a 
similar framework for the 70 GHz and 80 GHz bands by designating the 
existing antenna standards the ``Category A'' standards and adopting 
new, less restrictive ``Category B'' standards.

[[Page 33252]]

Although some commenters, including Scientel Solutions and T-Mobile, 
support adding a Category B standard that does not exist for these 
bands in the current rules, others, including 5G Americas, Ericsson, 
and Nokia, do not believe a Category B standard is necessary. Comsearch 
argues that there is no reason to define two categories of antennas 
because database managers would not be able to compel antenna upgrades 
based on predicted interference. The Commission also agree with 
commenters that adding a Category B standard is unnecessary, given its 
decision in this Report and Order to allow smaller antennas in these 
bands.
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    \4\ Category B antennas may be used in areas not subject to 
frequency congestion. Category B antennas must be replaced if they 
are shown to cause interference to (or receive interference from) 
any other authorized station where a higher performance antenna is 
not likely to cause such interference.
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    62. Channelization Plan. The 70/80/90 GHz NPRM sought comment on 
whether adopting a channelization plan would promote more efficient use 
of the 70 GHz and 80 GHz bands. It further asked about what channel 
plan should be considered, noting the existence of the plan contained 
in ITU Recommendation F.2006--see International Telecommunications 
Union (ITU), Recommendation ITU-R F.2006, ``Radio-Frequency Channel and 
Block Arrangements for Fixed Wireless Systems Operating in the 71-76 
and 81-86 GHz Bands'' (2012), https://www.itu.int/dms_pubrec/itu-r/rec/f/R-REC-F.2006-0-201203-I!!PDF-E.pdf (ITU-R F.2006)--which the 
Commission describe in greater detail below. The 70/80/90 GHz NPRM also 
solicited comment on a range of issues including the impact of a 
channel plan on existing equipment, whether to continue to apply the 
standard emission limit rules in section 101.1011, whether any specific 
channel plan and direction of service would be particularly conducive 
to protecting the other co-primary services from interference, and the 
costs and benefits of channelization.
    63. The Commission are persuaded that the Commission should adopt a 
channelization plan consistent with ITU-R F.2006. The Commission 
acknowledge that the Commission decided in 2003 that a specific channel 
plan was unnecessary in the context of adopting new rules to facilitate 
greater use of the bands by nascent fixed services. Given the 
development of these fixed services since 2003 and its adoption of 
rules to permit additional services into the band, the Commission agree 
with commenters that a standardized channel plan will make interference 
mitigation between licensees easier to manage. Adopting the ITU F.2006 
plan will also harmonize the Commission's rules with international 
standards, and is consistent with a majority of commenters' 
recommendations.
    64. After reviewing the record, including responses to the HAPS 
Public Notice and Refresh Public Notice, while some commenters are 
neutral on the issue of channelization others specifically state that 
if the Commission introduces new services into the band--such as the 
services contemplated by Aeronet--there will be a greater need to have 
a standardized channel plan in order to make interference mitigation 
between licensees more manageable. On balance, most commenters support 
adopting a standardized plan specifically if new services are 
introduced into the band. Moreover, Aeronet supports the adoption of a 
standardized channel plan.
    65. There is near-unanimous agreement among commenters that if the 
Commission adopts a channel plan, the Commission should adopt a plan 
consistent with ITU-R F.2006, which provides different channel sizes 
from 250 megahertz up to 5 gigahertz, and includes a plan for 1.25 
gigahertz segmentation. This channelization plan is consistent with 
what the Commission proposed, but ultimately did not codify in the 
original 70-80 GHz rulemaking. Comsearch notes that a majority of 
licensees already conform with the ITU-R F.2006 channel plan. Even 
commenters that advocate against adopting a standardized channel plan, 
such as WISPA, support adopting the ITU F.2006 channel plan if the 
Commission decides that it should adopt a standardized plan.
    66. To provide adequate lead time for manufacturers to modify their 
equipment lines to comply with the new channel plan, the Commission 
will make the new channel plan effective on September 1, 2024. 
Considering that there are incumbents in the band who have deployed 
under the current rules and may not be operating consistent with a 
channel plan that the Commission adopt, the Commission will permit 
licensees that are registered prior to the effective date of the new 
channel plan to continue to operate under nonconforming channel plans 
as long as their pre-existing operations remain in good standing. With 
the exception of de minimis modifications to registered links discussed 
below, all links registered on or after September 1, 2024, will be 
required to comply with the new channel plan.

C. Improving the Link Registration System

    67. In the 70/80/90 GHz NPRM, the Commission solicited input on 
whether it should make changes to the link registration rules for the 
70/80/90 GHz bands.\5\ Specifically, the Commission sought comment on 
how to amend its rules to improve the accuracy of the link registration 
database. The Commission also asked whether it should require licensees 
in these bands to certify that their links have been timely 
constructed--and, if so, how an efficient and effective certification 
process would operate. Among other things, the Commission asked whether 
``certifications should be filed when the links become operational, at 
any time prior to the construction deadline, or whenever a licensee 
seeks to renew its license?'' The Commission also sought comment on 
whether to allow de minimis modifications to certain information filed 
in the registration database.
---------------------------------------------------------------------------

    \5\ The 90 GHz band has different antenna rules, but the same 
link registration process as the 70 GHz and 80 GHz bands. Although 
in this Report and Order the Commission does not modify the antenna 
rules in the 90 GHz band, in the Commission's consideration of 
changes to the link registration process, the Commission does 
include the 90 GHz band to maintain a harmonized approach to link 
registration for all of the bands included in the link registration 
system.
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1. Construction and Operational Status
    68. To promote the efficient use of the high-capacity 70/80/90 GHz 
bands, in this Report and Order the Commission adopt a requirement that 
licensees certify that each link is constructed and operating within 12 
months of successful registration in the link registration system (LRS) 
administered by third-party database managers. Under the Commission's 
rules in place since 2003, licensees must construct their links within 
12 months of registering them in the LRS and failure to timely begin 
operation means the authorization cancels automatically. Under the 
hybrid license/registration approach adopted for these bands, however, 
the Commission decided ``at [that] time'' not to require licensees to 
affirmatively report link construction and instead relied on licensees 
to ask a database manager to remove unconstructed links from the 
database. As such, the Commission instructed the database managers to 
remove a link from the registry if it is found to be unconstructed 
after the required timeframe. The Commission note that in 2003 the 
bands were ``essentially undeveloped and available for new uses'' and 
that the Commission reserved the discretion to revisit this issue if 
experience indicated that additional measures were necessary.
    69. As in 2003, the overarching purpose of the Commission's 
requirements concerning link construction, as well as modification

[[Page 33253]]

and discontinuance, is to ensure that spectrum is put to use and to 
maintain the ``integrity of the information in the relevant databases 
by correctly reflecting the actual record concerning these issues.'' 
Based on the Commission's experience, including the development of the 
bands since 2003, and the record before us, the Commission finds that 
requiring licensees to certify in the LRS that each link is timely 
constructed will significantly improve the accuracy of the database, 
thereby increasing opportunities for additional, efficient use of the 
bands. Failure to begin operations in a timely manner pursuant to a 
part 101 authorization results in the automatic cancelation of an 
authorization.
    70. In the 70/80/90 GHz bands, the nationwide license serves as a 
prerequisite to registering links, each registration in the LRS is the 
licensee's authorization to operate the individual link, and the 12-
month construction period commences on the registration date of each 
individual link. Because 70/80/90 GHz links are registered in the LRS, 
the provision in paragraph (f) stating that ``construction of any 
authorized facility or frequency must be completed by the date 
specified in the license'' is inapplicable to 70/80/90 links. Under the 
current rules, ``[f]ailure to timely begin operation means the 
authorization cancels automatically'' as of the construction deadline. 
Similar to the timeline for construction notifications filed in ULS, 
however, the Commission will allow 70/80/90 GHz licensees 15 days after 
the 12-month construction deadline for each link to certify in the LRS 
that the link was timely constructed and operating. Accordingly, if a 
70/80/90 GHz licensee does not certify in the LRS within 15 days after 
the 12-month construction deadline for a link, the link will be deemed 
to be unconstructed and the licensee's authority to operate the link 
shall be terminated automatically without further Commission action as 
of the 12-month construction deadline for the link. The Commission also 
agrees with commenters that after the certification requirement becomes 
effective, it should apply to all uncertified links even if the 12-
month construction deadline date occurred prior to the effective date 
of the certification requirement. For uncertified links registered 12 
months or longer before the effective date, licensees will have until 
15 days after the effective date to certify that their links were 
constructed on or before the effective date. Thus, for uncertified 
links registered less than 12 months before the effective date, 
licensees will have to file a certification within 15 days from the end 
of the 12-month construction period following registration.
    71. Once the certification requirement is in effect, the Commission 
instructs the third-party database managers, as a matter of database 
accuracy and integrity, to remove uncertified registrations from the 
LRS that have terminated automatically under the Commission's rules. 
Because licensees will have until 15 days after the 12-month 
construction deadline to certify in the LRS that a link is constructed 
and operating, the Commission instructs database managers to remove a 
link from the LRS on the 16th day after the 12-month construction 
deadline for a link if the licensee has not certified in the LRS that 
the link was timely constructed and operating.
    72. Imposing the certification requirement on licensees and having 
the third-party database managers update the LRS accordingly will allow 
all licensees, and the Commission, to track link cancellations through 
the LRS. Parties considering the 70/80/90 GHz bands and licensees 
seeking to register links after implementation of this requirement will 
have a more accurate database to use to judge spectrum availability. In 
this setting, if a licensee's authority to operate a link is 
automatically terminated because the construction requirement was not 
met, the licensee will not be barred from attempting to register the 
link again, and if successful, constructing it later. The licensee, 
however, will lose the original registration date for the purpose of 
interference protection procedures.
    73. There is broad support in the record for implementing the 
certification requirement. FWCC argues that construction certifications 
will help maintain a reliable database at a low cost to licensees. 
Commenters broadly agree that the database should consist only of links 
that are actually constructed or that have been successfully registered 
but are within their one-year construction period, and that requiring 
construction certifications would be an effective way to maintain an 
accurate database and promote efficient access to the bands. Other 
commenters, including Comsearch, agree that the existing database 
managers are well suited to administer the certification requirement. 
Micronet's database provides information about links that have been 
registered and not constructed, but there is no requirement that 
Micronet provide this information and there is no requirement that 
licensees inform Micronet when links are built. Therefore, links that 
appear in Micronet's database as unconstructed may be constructed.
    74. Although some parties would have the Commission manage 
construction certifications through ULS, the Commission believes that 
the hybrid license/registration approach that has governed these bands 
since the database managers developed and began operating the LRS in 
2005 has worked reasonably well and should not be displaced. Industry 
members are already accustomed to working with the database managers on 
spectrum management matters and have established access to the database 
managers' platforms. The Commission agrees with FWCC and Comsearch that 
using ULS for certification would add unnecessary complexity to the 
link registration process. The Commission agrees, however, with 
commenters who suggest that additional measures are warranted to ensure 
that registered links remain operational on an ongoing basis long after 
satisfaction of the 12-month construction deadline. Accordingly, when a 
70/80/90 GHz band licensee seeks to renew its nationwide license, the 
Commission will require the licensee to certify as part of the license 
renewal application that each link registered under the license more 
than twelve months prior to the filing date of the renewal application 
is constructed and operating on an ongoing basis as of the filing date 
of the license renewal application. The Commission disagrees with AT&T 
that requiring licensees to certify every ten years that they are still 
operating their registered links is unnecessary given that the 
Commission is requiring licensees to certify each link shortly after 
the 12-month construction deadline. The Commission clarifies, however, 
that the Commission is not requiring renewal applicants to ``list 
links, whether constructed or not, in renewal applications for 70/80/90 
GHz licenses.''
    75. Implementation Matters. The Commission authorizes and directs 
WTB to consult each database manager on the timing of modifications to 
the LRS necessary to accommodate rule changes. WTB will also announce 
by public notice the details and dates for implementing a construction 
certification requirement. Additionally, the Commission understands 
that each database manager periodically sends its registrants email 
reminders of their upcoming and recently past construction deadlines 
and that each database manager plans to send email alerts to its 
relevant registrants about these rule changes. The Commission

[[Page 33254]]

applauds the database managers' past efforts to improve the accuracy of 
the database and encourage them to continue sending email alerts to 
licensees. The Commission emphasizes, however, that each licensee is 
responsible for timely filing its construction certifications in the 
LRS regardless of whether a courtesy reminder email may have been sent 
or received. Finally, the Commission reminds licensees that they should 
only certify as constructed links that are operational, and that non-
operational links should be deleted from the database. Licensees are 
reminded that links that are not actually constructed by the 
construction deadline cancel automatically on the date of the 
construction period expires, and are not entitled to first-in-time 
protection regardless of whether they may appear in the registration 
database.
2. De Minimis Modifications to Registrations
    76. The 70/80/90 GHz NPRM sought comment on whether licensees 
should be allowed to amend their registered links without losing first-
in-time status--i.e., on what date should a link be considered 
registered and given protected status for purposes of these rule--and 
what amendments, if any, should be allowed without losing first-in-time 
status. The Commission finds support in the record for allowing de 
minimis modifications to registrations that are exclusively for the 
purpose of repairing or replacing installed and operating equipment, 
provided that there are no changes to any registered technical 
parameters that would change the potential for a link to cause or 
receive interference. Modifications that are consistent with these 
requirements can be implemented without affecting a registrant's first-
in-time rights for the particular link. Such modifications may be 
implemented if the modified registration is successful without 
affecting a registrant's first-in-time rights for the particular link. 
By allowing these de minimis modifications to registrations without 
changing the interference-protection date, the Commission allows 
licensees to maintain the existing operation of their links without 
sacrificing either the accuracy of the database or the licensee's 
interference-protection rights. The Commission emphasizes that ``de 
minimis'' modifications to registrations that commenters discuss in 
this proceeding are distinct from the Commission's part 1 rules that 
govern major or minor modifications to station authorizations. To avoid 
confusion, the Commission refers to modifications to registrations that 
licensees can make without losing first-in-time status as de minimis. 
Most parties support de minimis modifications to the extent that they 
will not change the interference landscape, though parties' ideas of 
what would constitute a de minimis modification differ. Some parties 
argue that de minimis modifications should include changes to some 
technical specifications. For example, WISPA argues that minor 
modifications should include changes to geographic coordinates within 
+/- 15 meters of latitude or longitude and +/- 3 meters of elevation. 
Others, however, believe that de minimis modifications should be only 
those changes that do not affect any technical parameters relevant for 
coordination. The Commission agrees with commenters that modifications 
that change ``interference potential'' should not be treated as de 
minimis modifications and will result in a new date for first-in-time 
purposes.
    77. The Commission finds that many of the proposals by commenters, 
such as those involving changes to location, could change the 
interference landscape and therefor are not de minimis. In addition, 
changes to parameters that typically would not be considered major in 
other contexts, like increases to receive antenna height, could make an 
existing link more susceptible to interference. Given the sensitivity 
of the first-in-time rights to changes in the interference environment, 
the Commission believes that it is prudent to define de minimis 
modifications in this context very narrowly. Based on the Commission's 
analysis of the comments in the record the Commission will define de 
minimis modifications as those that meet all of the following criteria: 
The modification is necessary to repair or replace registered, 
constructed, and operating equipment; the modification does not 
increase the EIRP of a digital system or change the EIRP of an analog 
system; \6\ the modification does not increase the channel bandwidth; 
the modification does not change the power density; the modification 
does not increase the receiver sensitivity; the modification does not 
increase the antenna beamwidth; the modification does not increase the 
antenna gain, except where there is a corresponding reduction 
transmitter power so that there is no increase in EIRP; the 
modification does not involve a change to antenna with less off-axis 
attenuation at any angle; and the modification does not change any 
other technical parameters not mentioned above.
---------------------------------------------------------------------------

    \6\ For analog systems the interference criteria in rule section 
101.105 is specified as a C/I ratio, so decreases in EIRP could 
change the C/I ratio and potentially make a link more susceptible to 
interference. Therefore, for analog systems any modification that 
changes the EIRP will not be considered de minimis, and a new date 
will be applied for first-in-time purposes.
---------------------------------------------------------------------------

    78. Under the definition adopted above, any modification to a 
registration that could make a link more susceptible to interference or 
more likely to cause interference will result in a new date for first-
in-time coordination purposes. The Commission finds that the limited 
definition of a de minimis modification adopted in this Report and 
Order will minimize the risk of harmful interference and promote 
efficient access to these bands.

D. Other Issues

    79. The Commission does not take action at this time on several 
other issues raised in the Commission's inquiries in this proceeding, 
or by commenters in the record owing to absence of notice, an 
inadequate record, or lack of consensus on a path forward. To wit, in 
the 70/80/90 GHz NPRM, the Commission sought comment on a proposal 
relating to authorizing mobile operations on a non-interference basis 
to fixed operations along the United States' international borders with 
Canada and Mexico, subject to future international agreements. This 
specific issue was not addressed by any filers. In the absence of a 
developed record on this issue, the Commission does not address it at 
this time.
    80. Separately, in the HAPS Public Notice WTB sought to supplement 
the record on the possibility of bringing HAPS and/or other 
stratospheric-based platform services into the 70/80/90 GHz bands. The 
record, including analysis provided by the Federal Agencies, contains 
highly divergent claims regarding the possibility of integrating HAPS 
operations into the 70/80/90 GHz bands, with limited actual data to 
support such action. The Commission therefore declines at this time to 
adopt rules for HAPS operations in the 70/80/90 GHz bands. The 
Commission does note that any party--including HAPS providers--can 
engage in operations consistent with the rules of general applicability 
for aeronautical services adopted in this Report and Order.
    81. Beginning in ex parte presentations, and later in other filings 
in this docket, SpaceX requested that the Commission amends its rules 
to allow the registration of FSS earth stations in the third-party link 
registration database for the 70 GHz and 80 GHz bands. While FSS has a 
co-primary shared allocation, the Commission has not yet developed

[[Page 33255]]

service rules for FSS operations in these bands. As FSS operations 
differ in significant ways from the FS operations that the third-party 
database system was originally designed to accommodate, adding FSS to 
this system would likely require development of different coordination 
parameters, and possibly additional interference mitigation techniques 
to protect Federal operations in the bands. The Commission notes that 
the Commission's rules for authorization of proposed non-Federal fixed 
terrestrial links in the 71.0-76.0 GHz and 81.0-86.0 GHz bands do not 
address co-band, non-Federal FSS Earth stations and thus non-Federal 
terrestrial licensees are not required to analyze the potential for 
harmful interference to or from a proposed link to non-Federal gateway 
Earth stations previously authorized or pending in ICFS under the 
default service rules. Moreover, SpaceX notes that the interference 
mitigations proposed in the Federal Agencies Letter, which inform the 
rules to accommodate airborne and maritime point-to-endpoints-in-motion 
in the third-party database system that the Commission adopts would not 
be appropriate for FSS operations in the 70 GHz and 80 GHz bands. 
Without the development of a record on the specifics required to 
include FSS earth stations in the third-party database, or Federal 
inter-agency discourse on this prospect, the Commission is not in a 
position to take this step. However, the Commission seeks further input 
on these issues in the Further Notice portion of this item immediately 
below.
    82. The fact that the Commission is not adding FSS to the third-
party database registration system does not impair the ability of FSS 
operators to continue to deploy and operate new earth stations in the 
70/80/90 GHz bands,\7\ subject to prior coordination with existing 
incumbents.\8\
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    \7\ The Commission notes, for example, that SpaceX has filed 
earth and space station applications to authorize its operations in 
the 70/80/90 GHz bands pursuant to the part 25 default service 
rules, and is currently operating under special temporary 
authorizations (STAs) pending completion of Federal coordination on 
its applications for final authorization.
    \8\ Satellite operations were not yet permitted in the E-band in 
2003 when the Commission adopted the license/registration approach 
for non-Federal terrestrial links. The Commission recognized, 
however, that there were co-primary satellite allocations in various 
portions of the E-band and decided to maintain multiple services in 
the allocation table and address possible sharing criteria in the 
future stating that ``all terrestrial 71-76 GHz and 81-86 GHz band 
entities are hereby made aware that future operations of satellite 
and satellite earth stations could be permitted in the 71-76 GHz and 
81-86 GHz bands. Once the Commission considers and adopts technical 
standards for terrestrial and satellite operations to share this 
spectrum, all licensees will be expected to satisfy these and any 
other Part 101 requirements.''
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    83. In response to certain concerns raised in the record, the 
Commission emphasizes that the allocations in the 70/80/90 GHz bands 
have not changed. FSS and FS remain co-primary, and the Commission 
continues to have policies in place that allow for coexistence. First-
in-time priority rights serve as the foundation for such coexistence in 
the 70/80/90 GHz bands, as they do in other spectrum bands shared by FS 
and FSS; nothing the Commission adopts disturbs this status quo.

III. Final Regulatory Flexibility Analysis

    84. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated into the Modernizing and Expanding Access to the 70/80/90 
GHz Bands, Notice of Proposed Rulemaking (NPRM) released in June 2020. 
The Federal Communications Commission (Commission) sought written 
public comment on the proposals in the NPRM, including comments on the 
IRFA. No comments were filed addressing the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    85. In the Report and Order, the Commission seeks to further its 
goals of fostering innovation in provisioning broadband and on meeting 
the rapidly increasing demand for its related services by small and 
other entities through the adoption of new rules and modernizing 
current rules for the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz 
bands (collectively, the 70/80/90 GHz bands).
    86. The adopted rules take several approaches towards achieving 
these goals. One approach is authorizing certain point-to-point links 
to endpoints in motion in the 70 GHz and 80 GHz bands under the 
Commission's part 101 rules to further the use of these frequencies for 
access to broadband services on aircraft and ships. In the Report and 
Order, the Commission authorizes certain point-to-point links to 
endpoints in motion in the 71-76 GHz (the 70 GHz band) and 81-86 GHz 
(the 80 GHz band) bands under its part 101 rules. Another approach is 
updating the Commission's rules to permit the use of smaller and lower-
cost antennas to facilitate the provisioning of backhaul service in the 
70 GHz and 80 GHz bands, and mandates a channelization plan in those 
bands. Finally, the Report and Order adopted changes to the link 
registration process in the 70/80/90 GHz bands to promote prompt 
construction of registered links, thereby fostering more efficient use 
of this spectrum and improving the accuracy of the link registration 
database.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    87. There were no comments filed that specifically addressed the 
proposed rules and policies presented in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    88. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments. The Chief Counsel did not 
file any comments in response to the proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    89. The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act.'' A ``small business concern'' is one which: (1) is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    90. Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. The Commission's actions, over time, may affect small 
entities that are not easily categorized at present. The Commission 
therefore describes, at the outset, three broad groups of small 
entities that could be directly affected herein. First, while there are 
industry specific size standards for small businesses that are used in 
the regulatory flexibility analysis, according to data from the Small 
Business

[[Page 33256]]

Administration's (SBA) Office of Advocacy, in general a small business 
is an independent business having fewer than 500 employees. These types 
of small businesses represent 99.9% of all businesses in the United 
States, which translates to 33.2 million businesses.
    91. Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2020, there were 
approximately 447,689 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    92. Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2017 Census of Governments indicate there were 
90,075 local governmental jurisdictions consisting of general purpose 
governments and special purpose governments in the United States. Of 
this number, there were 36,931 general purpose governments (county, 
municipal, and town or township) with populations of less than 50,000 
and 12,040 special purpose governments--independent school districts 
with enrollment populations of less than 50,000. Accordingly, based on 
the 2017 U.S. Census of Governments data, the Commission estimates that 
at least 48,971 entities fall into the category of ``small governmental 
jurisdictions.''
    93. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 511 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    94. Fixed Microwave Services. Fixed microwave services include 
common carrier, private-operational fixed, and broadcast auxiliary 
radio services. They also include the Upper Microwave Flexible Use 
Service (UMFUS), Millimeter Wave Service (70/80/90 GHz), Local 
Multipoint Distribution Service (LMDS), the Digital Electronic Message 
Service (DEMS), 24 GHz Service, Multiple Address Systems (MAS), and 
Multichannel Video Distribution and Data Service (MVDDS), where in some 
bands licensees can choose between common carrier and non-common 
carrier status. Wireless Telecommunications Carriers (except Satellite) 
is the closest industry with a SBA small business size standard 
applicable to these services. The SBA small size standard for this 
industry classifies a business as small if it has 1,500 or fewer 
employees. U.S. Census Bureau data for 2017 show that there were 2,893 
firms that operated in this industry for the entire year. Of this 
number, 2,837 firms employed fewer than 250 employees. Thus under the 
SBA size standard, the Commission estimates that a majority of fixed 
microwave service licensees can be considered small.
    95. The Commission's small business size standards with respect to 
fixed microwave services involve eligibility for bidding credits and 
installment payments in the auction of licenses for the various 
frequency bands included in fixed microwave services. When bidding 
credits are adopted for the auction of licenses in fixed microwave 
services frequency bands, such credits may be available to several 
types of small businesses based average gross revenues (small, very 
small and entrepreneur) pursuant to the competitive bidding rules 
adopted in conjunction with the requirements for the auction and/or as 
identified in part 101 of the Commission's rules for the specific fixed 
microwave services frequency bands.
    96. In frequency bands where licenses were subject to auction, the 
Commission notes that as a general matter, the number of winning 
bidders that qualify as small businesses at the close of an auction 
does not necessarily represent the number of small businesses currently 
in service. Further, the Commission does not generally track subsequent 
business size unless, in the context of assignments or transfers, 
unjust enrichment issues are implicated. Additionally, since the 
Commission does not collect data on the number of employees for 
licensees providing these services, at this time the Commission is not 
able to estimate the number of licensees with active licenses that 
would qualify as small under the SBA's small business size standard.
    97. Satellite Telecommunications. This industry comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $38.5 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    98. All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g., dial-up ISPs) or Voice over Internet Protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $35

[[Page 33257]]

million or less as small. U.S. Census Bureau data for 2017 show that 
there were 1,079 firms in this industry that operated for the entire 
year. Of those firms, 1,039 had revenue of less than $25 million. Based 
on this data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms can be considered small.
    99. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    100. The rule changes adopted in the Report and Order will impose 
some new and/or additional reporting, recordkeeping, or other 
compliance requirements on small entities who obtain licenses in the 
70/80/90 GHz bands. These requirements are consistent with the 
requirements the Commission has adopted for other mmW bands; as a 
result, small entities will potentially have less of a learning curve 
in their efforts to comply with the adopted rules.
    101. In 2003, the Commission established service rules for non-
Federal use of the 70/80/90 GHz bands through a two-step, non-exclusive 
licensing regime. Small entities and other applicants obtain a 
nationwide, non-exclusive license for the entire 12.9 gigahertz of the 
70/80/90 GHz bands, and then register individual links in a database 
administered by third-party database managers. Since 2004, the Wireless 
Bureau has designated the Commission's entities to be database managers 
but there are currently two database managers: Comsearch and Micronet 
Communications, Inc. In order for a link to be registered, it must be 
coordinated successfully with Federal operations, typically through the 
National Telecommunications and Information Administration's (NTIA) 
online, automated mechanism. If a proposed link does not interfere with 
existing Federal operations then it is given a ``green light;'' if it 
may interfere with existing Federal operations, then it is given a 
``yellow light,'' indicating that the licensee must file a registration 
application for the link with the FCC for coordination with NTIA. The 
``green light''/``yellow light'' system protects the sensitive nature 
of the locations of military installations. Also, the licensee must 
provide an analysis to the third-party database manager demonstrating 
that the proposed link will neither cause harmful interference to, nor 
receive harmful interference from, any previously registered non-
government link. Licensees are afforded first-in-time priority for 
successfully registered links relative to links that are successfully 
registered at a later point in time. Registered links must be 
constructed within 12 months of their registration. Under part 101, 
non-Federal licensees may use the 70/80/90 GHz bands for any point-to-
point, non-broadcast service.
    102. Many of the rule changes adopted in the Report and Order are 
consistent with and mirror existing Commission policies and 
requirements used in other part 101 spectrum bands, which the 
Commission expects will help minimize some of the compliance burdens 
associated with the adopted rules. For example, while the Commission 
does add a construction certification requirement that licensees 
certify that each link is constructed and operating within 12 months of 
successful registration in the link registration system (LRS) 
administered by third-party database managers, small entities with 
existing licenses in other bands may already be familiar with similar 
policies and requirements and have the processes and procedures already 
in place to facilitate compliance, resulting in minimal incremental 
costs to comply with the Commission's requirements for the 70/80/90 GHz 
bands. The Commission also adopts de minimis modifications to link 
registrations, which allow licensees to amend their registered links 
without losing their first-in-time rights for those links. Adopting 
this rule allows small and other licensees to maintain the existing 
operation of their links without sacrificing either the accuracy of the 
database or the licensee's interference-protection rights. 
Additionally, the Commission believes small entities will continue to 
benefit from their ability to obtain more information than was 
previously available to them, such as access to the third-party 
databases and FCC rulemakings, but with improvements to the data within 
the database that will result from the construction certification 
requirement.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    103. The RFA requires an agency to provide ``a description of the 
steps the agency has taken to minimize the significant economic impact 
on small entities . . . including a statement of the factual, policy, 
and legal reasons for selecting the alternative adopted in the final 
rule and why each one of the other significant alternatives to the rule 
considered by the agency which affect the impact on small entities was 
rejected.''
    104. In the Report and Order, the Commission adopts measures to 
meet the great demand for wireless broadband connectivity in an 
efficient and effective manner. While doing so, the Commission is 
mindful that small licensees and service providers will incur some new 
and/or additional compliance requirements that may also result in 
increased costs. In adopting the proposed rules, the Commission weighed 
the impact of these obligations on small entities against the public 
interest benefits gained from them and have determined that the 
benefits outweigh the costs. Both the specific steps the Commission has 
taken to minimize costs and reduce the economic impact for small 
entities and the alternatives considered are discussed below.
    105. For example, through the adopted rules, the Commission took 
the step of changing its antenna standards to allow licensees, some of 
which are small entities, to use smaller, lower-cost antennas in the 70 
GHz and 80 GHz bands for 5G backhaul. Taking this approach will allow 
for more intensive use of these bands by small and other entities, thus 
allowing them to further develop and expand their businesses. 
Alternatively, the Commission considered not utilizing this approach, 
due to a concern that reducing antenna size would impact the number of 
links using the 71-76 GHz and 81-86 GHz bands in metro areas. However, 
the benefit of allowing for greater use of the bands outweighed this 
concern. The Commission also minimized the economic impact on small and 
other entities through its adoption of the de minimis modification 
requirement, which ensures that licensees can amend their registrations 
and not lose their

[[Page 33258]]

first-in-time status for their registered links, as long as their 
modifications are consistent with the adopted requirements. The adopted 
de minimis standard for modifications will be a particular boon to 
small entities, who may already have limited resources and would likely 
be disproportionately burdened if their need to repair or replace 
installed and operating equipment did not change the potential risk of 
a link causing or receiving interference, yet still caused them to 
``lose their place in line.'' The Commission considered, but declined 
to adopt, proposals from commenters that the Commission determined were 
beyond a de minimis modification, such as those that would change the 
interference landscape.
    106. The Commission also considered but rejected arguments 
requiring construction certifications be filed in the Universal 
Licensing System (ULS). The Commission instead focused on targeted 
changes to improve efficiency in high-capacity bands critical to 
accelerating the deployment of 5G services nationwide. The Commission 
expects its approach of opting to modify existing rules as minimally as 
possible instead of creating numerous new and/or additional rules, 
should minimize the economic impact for small entities and promote 
greater use of the band among all providers.
    107. To the extent the cost of complying with these burdens is 
relatively greater for smaller entities than for large ones, the 
Commission believes equal application of the rules is necessary to 
effectuate the purpose of the Communications Act, namely, to further 
the efficient use of spectrum and to prevent spectrum warehousing. 
Likewise, equal application of compliance with the Commission's 
technical rules and coordination requirements for all licensees is 
necessary for the furtherance of the Commission's goals of protecting 
the public while facilitating the provision of interference-free 
services by licensees.

IV. Ordering Clauses

    108. It is ordered that, pursuant to sections 4(i), 301, 302, 
303(c), 303(f), and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 301, 302a, 303(c), 303(f), and 303(r), that 
this Report and Order is adopted as set forth above.
    109. It is further ordered that the amendments of the Commission's 
rules as set forth in Final Rules are adopted, effective thirty days 
from the date of publication in the Federal Register, except for: (1) 
section 101.147(z)(3), which will take effect on September 1, 2024; and 
(2) sections 101.63(b), 101.1523(a), (e), and 101.1528 (a)(11), 
(b)(10), and (d), which contain new or modified information collection 
requirements that requires approval by the Office of Management and 
Budget under the Paperwork Reduction Act and will take effect after the 
Commission publishes a notice in the Federal Register announcing such 
approval and the relevant effective date(s).
    110. It is further ordered that the Commission's Office of the 
Secretary, shall send a copy of this Report and Order, including the 
Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.
    111. It is further ordered that the Office of the Managing 
Director, Performance and Program Management, shall send a copy of this 
Report and 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).

List of Subjects

47 CFR Part 0

    Authority delegations (Government agencies); Classified 
information; Communications; Communications common carriers.

47 CFR Part 101

    Administrative practice and procedure; Communications; 
Communications equipment; Radio; Reporting and recordkeeping 
requirements; Satellites; Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of Secretary.

Final Rules

    For the reasons discussed in preamble, the Federal Communications 
Commission amends 47 CFR parts 0 and 101 as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409, 
unless otherwise noted.


0
2. Effective May 29, 2024, Sec.  0.241 is amended by adding paragraph 
(l) to read as follows:


Sec.  0.241  Authority delegated.

* * * * *
    (l) The Chief of the Office of Engineering and Technology is 
delegated authority, jointly with the Chief of the Wireless 
Telecommunications Bureau, to establish and administer a process for 
review of proposed technologies for point-to-endpoint-in-motion 
communications to aircraft and ships in the 71-76 GHz and 81-86 GHz 
bands to ensure compliance with the requirements adopted by the 
Commission.

0
3. Effective May 29, 2024, Sec.  0.331 is amended by revising the 
introductory text and adding paragraph (g) to read as follows:


Sec.  0.331  Authority delegated.

    The Chief, Wireless Telecommunications Bureau, is hereby delegated 
authority to perform all functions of the Bureau, described in Sec.  
0.131, subject to the exceptions and limitations in paragraphs (a) 
through (d) of this section, and also the functions described in 
paragraphs (e) through (g) of this section.
* * * * *
    (g) Authority concerning review of certain proposed technologies in 
the 71-76 and 81-86 GHz bands. The Chief of the Wireless 
Telecommunications Bureau is delegated authority, jointly with the 
Chief of the Office of Engineering and Technology, to establish and 
administer a process for review of proposed technologies for point-to-
endpoint-in-motion communications to aircraft and ships in the 71-76 
GHz and 81-86 GHz bands to ensure compliance with the requirements 
adopted by the Commission. The Chief of the Wireless Telecommunications 
Bureau is also delegated authority to establish and administer specific 
procedures to be followed for coordinating and registering aeronautical 
and maritime stations and their associated transmissions.

PART 101--FIXED MICROWAVE SERVICES

0
4. The authority citation for part 101 continues to read as follows:

    Authority: 47 U.S.C. 154, 303.


0
5. Delayed indefinitely, Sec.  101.63 is amended by revising paragraph 
(b) to read as follows:


Sec.  101.63  Period of construction; certification of completion of 
construction.

* * * * *
    (b) For the 70 GHz, 80 GHz, and 90 GHz bands, the 12-month 
construction period will commence on the date of each registration of 
each individual link; adding links will not change the overall renewal 
period of the license. For each individual link, a licensee who

[[Page 33259]]

commences operations within the construction period must certify in the 
third-party link registration database, such as those established 
pursuant to section 101.1523, that the link is constructed and 
operational. The certification must be filed within 15 days of the 
expiration of the applicable construction period for each individual 
link. If operations have begun using some, but not all, of the 
authorized transmitters, the certification must show to which specific 
transmitters it applies. After 15 days of the end of the construction 
period for each individual link, if the licensee has not certified that 
the link is constructed and operational, the third-party database 
managers will delete the registration from the database.
* * * * *

0
6. Effective May 29, 2024, Sec.  101.111 is amended by adding paragraph 
(a)(2)(vi) to read as follows:


Sec.  101.111  Emission limitations.

    (a) * * *
    (2) * * *
    (vi)(A) In order to protect Federal Earth Exploration-Satellite 
Service (passive), aeronautical and maritime endpoints in motion 
operating in the 70 and 80 GHz bands must comply with the following 
limits:
    (1) Ground-to-air transmissions shall not exceed an unwanted 
emission level of -38.5 dBW per 100 MHz in any portion of the 86-92 GHz 
passive band;
    (2) Air-to-air, ship-to-shore, and aerostat-to-shore transmissions 
shall not exceed an unwanted emission level of -29.7 dBW per 100 MHz in 
any portion of the 86-92 GHz passive band.
    (B) Any changes to system specifications, operations, or deployment 
scenarios for aeronautical or maritime end points in motion shall be 
pre-coordinated with NTIA and affected Federal agencies, and licensees 
of aeronautical or maritime end points in motion must cooperate fully 
with any updates to the required unwanted emission limits that may 
result from these modifications.
* * * * *

0
7. Effective May 29, 2024, Sec.  101.113 is amended in the table in 
paragraph (a) by revising entries for ``71,000 to 76,000'' and ``81,000 
to 86,000'' to read as follows:


Sec.  101.113  Transmitter power limitations.

    (a) * * *

------------------------------------------------------------------------
                                          Maximum allowable EIRP \1\ \2\
                                         -------------------------------
          Frequency band  (MHz)            Fixed \1\ \2\
                                               (dBW)       Mobile  (dBW)
------------------------------------------------------------------------
 
                              * * * * * * *
71,000-76,000 \13\ \14\.................             +55             +55
81,000-86,000 \13\ \14\.................             +55             +55
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Per polarization.
\2\ For multiple address operations, see Sec.   101.147. Remote alarm
  units that are part of a multiple address central station projection
  system are authorized a maximum of 2 watts.
* * * * *
\13\ The maximum transmitter power is limited to 3 watts (5 dBW) unless
  a proportional reduction in maximum authorized EIRP is required under
  Sec.   101.115. The maximum transmitter power spectral density is
  limited to 150 mW per 100 MHz.
\14\ The EIRP limit for fixed and mobile stations used for aeronautical
  and maritime endpoints in motion is 57 dBW.

* * * * *

0
8. Effective May 29, 2024, Sec.  101.115 is amended in the table in 
paragraph (b)(2) by revising the entries for ``71,000 to 76,000 (co-
polar)'', ``71,000 to 76,000 (cross-polar)'', ``81,000 to 86,000 (co-
polar)'', and ``81,000 to 86,000 (cross-polar)'' to read as follows:


Sec.  101.115  Directional antennas.

* * * * *
    (b) * * *
    (2) * * *

[[Page 33260]]



                                                                                        Antenna Standards
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Maximum                     Minimum radiation suppression to angle in degrees from centerline of main beam in
                                                                              beamwidth                                                         decibels
                                                                               to 3 dB      Minimum   ------------------------------------------------------------------------------------------
                       Frequency  (MHz)                           Category    points \1\    antenna
                                                                              (included   gain  (dBi)   5[deg] to    10[deg] to   15[deg] to   20[deg] to   30[deg] to  100[deg] to  140[deg] to
                                                                               angle in                  10[deg]      15[deg]      20[deg]      30[deg]      100[deg]     140[deg]     180[deg]
                                                                               degrees)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
71,000 to 76,000 (co-polar) \14\..............................          N/A          2.2           38           22           28           32           35           37           55           55
71,000 to 76,000 (cross-polar) \14\...........................          N/A          2.2           38           35           35           40           42           47           55           55
81,000 to 86,000 (co-polar) \14\..............................          N/A          2.2           38           22           28           32           35           37           55           55
81,000 to 86,000 (cross-polar) \14\...........................          N/A          2.2           38           35           35           40           42           47           55           55
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes.
* * * * *
\14\ Antenna gain less than 50 dBi (but greater than or equal to 38 dBi) is permitted only with a proportional reduction in maximum authorized EIRP in a ratio of 2 dB of power per 1 dB of
  gain, so that the maximum allowable EIRP (in dBW) for antennas of less than 50 dBi gain becomes +55-2(50-G), where G is the antenna gain in dBi. In addition, antennas in these bands must
  meet the following additional standard for minimum radiation suppression: At angles of less than 5 degrees from the centerline of main beam, cross-polar discrimination must be at least 21
  dB.


[[Page 33261]]

* * * * *

0
9. Effective September 1, 2024, Sec.  101.147 is amended by adding 
paragraph (z)(3) to read as follows:


Sec.  101.147  Frequency assignments.

* * * * *
    (z) * * *
    (3) The following channel plans apply to the 71,000-76,000 MHz and 
81,000-86,000 MHz bands:
    (i) 250 MHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
71250...................................................           81250
71500...................................................           81500
71750...................................................           81750
72000...................................................           82000
72250...................................................           82250
72500...................................................           82500
72750...................................................           82750
73000...................................................           83000
73250...................................................           83250
73500...................................................           83500
73750...................................................           83750
74000...................................................           84000
74250...................................................           84250
74500...................................................           84500
74750...................................................           84750
75000...................................................           85000
75250...................................................           85250
75500...................................................           85500
75750...................................................           85750
------------------------------------------------------------------------

    (ii) 500 MHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
71375...................................................           81375
71875...................................................           81875
72375...................................................           82375
72875...................................................           82875
73375...................................................           83375
73875...................................................           83875
74375...................................................           84375
74875...................................................           84875
75375...................................................           85375
------------------------------------------------------------------------

    (iii) 750 MHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
71500...................................................           81500
72250...................................................           82250
73000...................................................           83000
73750...................................................           83750
74500...................................................           84500
75250...................................................           85250
------------------------------------------------------------------------

    (iv) 1 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
71625...................................................           81625
72625...................................................           82625
74125...................................................           84125
75125...................................................           85125
------------------------------------------------------------------------

    (v) 1.25 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
71750...................................................           81750
73000...................................................           83000
74250...................................................           84250
------------------------------------------------------------------------

    (vi) 1.5 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
71875...................................................           81875
74375...................................................           84375
------------------------------------------------------------------------

    (vii) 1.75 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
72000...................................................           82000
74500...................................................           84500
------------------------------------------------------------------------

    (viii) 2.0 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
72125...................................................           82125
74625...................................................           84625
------------------------------------------------------------------------

    (ix) 2.25 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                              Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                               (MHz)
------------------------------------------------------------------------
72250...................................................           82250
74750...................................................           84750
------------------------------------------------------------------------

    (x) 2.5 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
72375..................................................           82375
------------------------------------------------------------------------

    (xi) 2.75 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
72500..................................................           82500
------------------------------------------------------------------------

    (xii) 3 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
72625..................................................           82625
------------------------------------------------------------------------

    (xiii) 3.25 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
72750..................................................           82750
------------------------------------------------------------------------

    (xiv) 3.5 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
72875..................................................           82875
------------------------------------------------------------------------

    (xv) 3.75 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
73000..................................................           83000
------------------------------------------------------------------------

    (xvi) 4 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
73125..................................................           83125
------------------------------------------------------------------------

    (xvii) 4.25 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
73250..................................................           83250
------------------------------------------------------------------------

    (xviii) 4.5 GHz authorized bandwidth.

------------------------------------------------------------------------
                                                             Receive
               Transmit  (receive)  (MHz)                   (transmit)
                                                              (MHz)
------------------------------------------------------------------------
73375..................................................           83375
------------------------------------------------------------------------


0
10. Effective May 29, 2024, Sec.  101.1501 is revised to read as 
follows:


Sec.  101.1501  Service areas.

    The 70/80/90 GHz bands are licensed on the basis of non-exclusive 
nationwide licenses. There is no limit to the number of non-exclusive 
nationwide licenses that may be granted for these bands, and these 
licenses will serve as a prerequisite for registering individual point-
to-point links. In the 71-76 GHz and 81-86 GHz bands, nationwide non-
exclusive licenses also serve as a blanket license for air-to-air and 
ship-to-ship operations, and as a prerequisite to register ground-to-
air (GTA) stations and to operate associated GTA and air-to-ground 
(ATG) transmissions; and as a prerequisite to register shore stations 
and aerostat relay stations and to operate associated ship-to-shore, 
shore-to-ship, shore-to-aerostat, aerostat-to-

[[Page 33262]]

ship, and aerostat-to-shore transmissions.

0
11. Effective May 29, 2024, Sec.  101.1507 is revised to read as 
follows:


Sec.  101.1507  Permissible operations.

    Licensees may use the 70 GHz, 80 GHz, and 90 GHz bands for any 
point-to-point, non-broadcast service. Licensees may use the 70 GHz and 
80 GHz bands for aeronautical and maritime service as set forth in 
Sec.  101.1528. The segments may be unpaired or paired, but pairing 
will be permitted only in a standardized manner (e.g., 71-72.25 GHz may 
be paired only with 81-82.25 GHz, and so on). The segments may be 
aggregated without limit.

0
12. Delayed indefinitely, Sec.  101.1523 is amended by revising 
paragraph (a) and adding paragraph (e) to read as follows:


Sec.  101.1523  Sharing and coordination among non-government licensees 
and between non-government and government services.

    (a) Each individual point-to-point link must be registered in a 
third-party database. Registration of aeronautical ground stations, 
maritime shore stations, and aerostats for operation of aeronautical or 
maritime links to end points in motion in the 71-76 GHz and 81-86 GHz 
bands will be in a third-party database after the Wireless 
Telecommunications Bureau announces by public notice the details of the 
implementation of a third-party database for such links to endpoints in 
motion.
* * * * *
    (e) A licensee must successfully complete the requirements of this 
section prior to modifying the technical parameters of a registered 
link. Except for de minimis modifications, any change to the technical 
data on a link registration will result in a new interference 
protection date. A modification to link registration in the 71-76 GHz 
and 81-86 GHz bands is de minimis, and the registration will retain its 
existing interference protection date and not lose its existing first-
in-time rights, if the modification meets all of the following 
criteria:
    (1) The licensee certifies that the modification is necessary to 
repair or replace equipment specified in the registration that was 
constructed and operating under the registration, and;
    (2) The modification does not increase the EIRP of a digital system 
or change the EIRP of an analog system;
    (3) The modification does not increase the channel bandwidth;
    (4) The modification does not change the power density;
    (5) The modification does not increase the receiver sensitivity;
    (6) The modification does not increase the antenna beamwidth;
    (7) The modification does not increase the antenna gain, except 
where there is a corresponding reduction transmitter power so that 
there is no increase in EIRP;
    (8) The modification does not involve a change to antenna with less 
off-axis attenuation at any angle; and
    (9) The modification does not change any other technical parameters 
not mentioned in paragraphs (e)(1) through (e)(8) of this section.

0
13. Effective May 29, 2024, Sec.  101.1528 is added to subpart Q to 
read as follows:


Sec.  101.1528  Requirements for aeronautical and maritime links to, 
from, or between endpoints in motion.

    (a) Requirements for aeronautical ground stations and endpoints in 
motion. (1) Air-to-ground transmissions are permitted only in the 71-76 
GHz band.
    (2) Ground-to-air transmissions are permitted only in the 81-86 GHz 
band.
    (3) Air-to-air transmissions are permitted only between aircraft 
that are separated by a minimum slant path distance of 50 km.
    (4) Transmissions are only permitted to and from aircraft at 
altitudes between 10,000 ft and 50,000 ft.
    (5) Ground stations must operate with a minimum elevation angle of 
5 degrees and a maximum elevation angle of 45 degrees.
    (6) Ground stations must be located at least 10 km from any 
existing Non-Federal FSS earth station or Federal facility listed in 
table 4 to paragraph (c)(2) of this section, absent a coordination 
agreement with the FSS operator.
    (7) Ground stations must be located at least 150 km from the 
specific Federal facilities and not within the areas listed in table 3 
to paragraph (c)(1) of this section, absent a coordination agreement 
with the Federal operator.
    (8) Ground stations must be located at least 10 km from any 
existing Federal or non-Federal fixed station receiver, absent a 
coordination agreement with the fixed station operator.
    (9) Air-to-air transmissions are permitted in 81-86 GHz subject to 
the following limitations;
    (i) EIRP signal levels radiated along a line between the airborne 
transmitter and the latitude and longitude of the observatories in 
table 3 to paragraph (c)(1) of this section, which must be maintained 
as the airborne transmitter moves, cannot exceed the levels shown in 
table 1 to this paragraph (a)(9)(i). Within the range of 150 km and 375 
km, the maximum allowable EIRP levels for horizontal distances not 
listed in table below may be approximated by linear interpolation.

                                                          Table 1 to Paragraph (a)(9)(i)--List of Maximum Allowable EIRP levels, in dBW
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Horizontal distance (km)
                       Frequency  (GHz)                        ---------------------------------------------------------------------------------------------------------------------------------
                                                                    150          175          200          225          250          275          300          325          350          375
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
81............................................................        -11.2         -8.8         -6.5         -4.2         -1.5          1.1          3.9          6.7           10         13.5
82............................................................        -11.5         -9.2         -6.9         -4.6           -2          0.5          3.2            6          9.2         12.6
83............................................................        -11.7         -9.5         -7.3           -5         -2.4            0          2.7          5.4          8.6         11.9
84............................................................        -11.9         -9.7         -7.5         -5.3         -2.8         -0.4          2.3          4.9            8         11.3
85............................................................        -12.1         -9.9         -7.8         -5.5           -3         -0.7          1.9          4.5          7.6         10.8
86............................................................        -12.2          -10         -7.9         -5.7         -3.3         -0.9          1.7          4.2          7.3         10.5
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 33263]]

    (ii) A licensee of aeronautical end points in motion must have a 
capability to target specific areas which can be added to a ``block 
list'' as part of a dynamic link management system. If air-to-air 
transmission within the main beam of the radio astronomy receiver 
cannot be avoided, air-to-air transmissions within the radio horizon of 
the radio astronomy site (as specified in table 2 to this paragraph 
(a)(9)(ii)) should not occur.

     Table 2 to Paragraph (a)(9)(ii)--Approximate Radio Horizon, in
                           Horizontal Distance
                                  [km]
------------------------------------------------------------------------
                                                       Approximate radio
                                                          horizon (km)
                    Altitude  (m)                         (horizontal
                                                           distance)
------------------------------------------------------------------------
10,360...............................................                375
8,000................................................                315
6,000................................................                260
5,000................................................                220
4,000................................................                180
3,000................................................                125
------------------------------------------------------------------------

    (iii) The list of radio astronomy sites may be periodically updated 
by the NTIA and the FCC. This rule may be superseded by a coordination 
agreement between the licensee and NSF, in which case the coordination 
agreement will specify the technical restrictions.
    (10) Air-to-air transmissions in the 71-76 GHz band are subject to 
the following restrictions:
    (i) EIRP signal levels shall be limited to 20 dBW/1000 MHz towards 
each military installation listed in table 4 to paragraph (c)(2) that 
is within 375 km of the airborne transmitter. This 20 dBW/1000 MHz EIRP 
applies to the power radiated along a line between the airborne 
transmitter and the latitude and longitude of the military 
installations in table 4 to paragraph (c)(2) of this section and must 
be maintained as the airborne transmitter moves. An EIRP of 57 dBW/1000 
MHz is allowed in other directions. The list of military installations 
in table 4 to paragraph (c)(2)of this section may be periodically 
updated by the NTIA and the FCC. This rule may be superseded by a 
coordination agreement between the licensee and the Department of 
Defense (DoD), in which case the coordination agreement will specify 
the technical restrictions and allow the licensee and DoD to update the 
list of protected installations in the agreement. The locations of all 
aeronautical end-point-in-motion ground stations will be provided to 
NTIA and DoD as part of the coordination process.
    (ii) A licensee of aeronautical end points in motion must have a 
capability to target specific areas which can be added to a ``block 
list'' as part of a dynamic link management system. If air-to-air 
transmission within the main beam of the radio astronomy receivers 
associated with the observatories in table 3 to paragraph (c)(1) of 
this section cannot be avoided, air-to-air transmissions within the 
radio horizon of the radio astronomy site (as specified in table 2 to 
paragraph (a)(9)(ii) of this section) should not occur.
    (iii) The list of radio astronomy sites may be periodically updated 
by the NTIA and the FCC. This rule may be superseded by a coordination 
agreement between the licensee and NSF, in which case the coordination 
agreement will specify the technical restrictions.
    (b) Requirements for maritime shore stations, aerostats, and 
endpoints in motion. (1) Ship-to-shore transmissions are only permitted 
in the 81-86 GHz band.
    (2) Shore-to-ship transmissions are only permitted in the 71-76 GHz 
band.
    (3) Shore-to-aerostat transmissions are only permitted in the 71-76 
GHz band.
    (4) Aerostat-to-ship transmissions are only permitted in the 71-
76GHz band.
    (5) Aerostat-to-shore transmissions are only permitted in the 81-
86GHz band.
    (6) Aerostat must not operate above an altitude limit of 1000 ft.
    (7) Ship-to-ship communications are limited to ships located more 
than 30 km offshore, or closer only where the main beam of the transmit 
antenna is oriented at least 15 degrees away from any point on the 
shore.
    (8) Ship stations and aerostat stations must only operate when 
there is a minimum separation of 150 km to the specific Federal 
facilities and not within the areas listed in table 3 to paragraph 
(c)(1) of this section, absent a coordination agreement with the 
Federal operator.
    (9) Shore-to-ship and ship-to-shore transmission must only occur 
between stations that are located at least 10 km from the Federal 
military installations listed in table 4 to paragraph (c)(2) of this 
section, absent a coordination agreement with the Federal operator.
    (c) Protected Federal sites. (1) RAS and VLBA sites:

                       Table 3 to Paragraph (c)(1)
------------------------------------------------------------------------
         RAS station name             North latitude     West longitude
------------------------------------------------------------------------
Arizona Radio Observatory (ARO) 12-  31[deg]57'11.9''  111[deg]36'53.6''
 meter............................
Green Bank Observatory............     38[deg]25'59''     79[deg]50'23''
Very Large Array (VLA), Socorro,       34[deg]04'44''    107[deg]37'06''
 NM...............................
Owens Valley Radio Observatory         37[deg]14'02''    118[deg]16'55''
 (OVRO), Big Pine, CA.............
Haystack Observatory, Westford, MA     42[deg]37'24''    071[deg]29'18''
National Radio Astronomy
 Observatory, Very Long Baseline
 Array Stations:
    Brewster, WA..................     48[deg]07'52''    119[deg]41'00''
    Fort Davis, TX................     30[deg]38'06''    103[deg]56'41''
    Hancock, NH...................     42[deg]56'01''     71[deg]59'12''
    Kitt Peak, AZ.................     31[deg]57'23''    111[deg]36'45''
    Los Alamos, NM................     35[deg]46'30''    106[deg]14'44''
    Mauna Kea, HI.................     19[deg]48'05''    155[deg]27'20''
    North Liberty, IA.............     41[deg]46'17''     91[deg]34'27''
    Owens Valley, CA..............     37[deg]13'54''    118[deg]16'37''
    Pie Town, NM..................     34[deg]18'04''    108[deg]07'09''
    Saint Croix, VI...............     17[deg]45'24''     64[deg]35'01''
                                   -------------------------------------
National Radio Quiet Zone.........   Rectangular area between latitudes
                                     37[deg]30' N and 39[deg]15' N, and
                                         longitudes 78[deg]30' W and
                                                80[deg]30' W.
                                   -------------------------------------

[[Page 33264]]

 
Next-generation Very Large Array
 (ngVLA)..........................   Rectangular area between latitudes
                                    31[deg]22'1.9'' N and 34[deg]23'10''
                                    N, and longitudes 109[deg]1'53.4'' W
                                            and 103[deg]4'39'' W.
------------------------------------------------------------------------

    (2) Military installations:

                                           Table 4 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
                     Military installation                              Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
Redstone Arsenal, AL..........................................         34[deg]41'42'' N        086[deg]39'04'' W
Fort Huachuca, AZ.............................................         31[deg]33'18'' N        110[deg]20'59'' W
Yuma Proving Ground, AZ.......................................         33[deg]01'02'' N        114[deg]15'05'' W
Beale AFB, CA.................................................         39[deg]06'41'' N        121[deg]21'36'' W
Camp Parks Reserve Forces Training Area, CA...................         34[deg]43'00'' N        121[deg]54'08'' W
China Lake Naval Air Weapons Station, CA......................         35[deg]41'05'' N        117[deg]41'19'' W
Edwards AFB, CA...............................................         34[deg]54'58'' N        117[deg]56'07'' W
Fort Irwin, CA................................................         35[deg]16'22'' N        116[deg]41'05'' W
Marine Corps Air Ground Combat Center, CA.....................         34[deg]13'54'' N        116[deg]03'42'' W
Buckley AFB, CO...............................................         39[deg]42'36'' N        104[deg]45'29'' W
Schriever AFB, CO.............................................         38[deg]48'12'' N        104[deg]31'32'' W
Fort Gordon, GA...............................................         33[deg]25'14'' N        082[deg]09'09'' W
Naval Satellite Operations Center, GU.........................         13[deg]34'55'' N        144[deg]50'50'' E
Naval Computer and Telecomm Area Master Station, Pacific, HI..         21[deg]31'16'' N        157[deg]59'57'' W
Fort Detrick, MD..............................................         39[deg]26'08'' N        077[deg]25'38'' W
Nellis AFB, NV................................................         36[deg]14'29'' N        115[deg]03'03'' W
Nevada Test Site, NV..........................................         38[deg]33'41'' N        116[deg]42'30'' W
Tonapah Test Range Airfield, NV...............................         37[deg]47'56'' N        116[deg]46'51'' W
Cannon AFB, NM................................................         34[deg]23'23'' N        103[deg]19'06'' W
White Sands Missile Range, NM.................................         32[deg]56'38'' N        106[deg]25'11'' W
Dyess AFB, TX.................................................         31[deg]10'10'' N        099[deg]41'01'' W
Fort Bliss, TX................................................         31[deg]48'45'' N        106[deg]25'17'' W
Fort Sam Houston, TX..........................................         29[deg]26'34'' N        098[deg]26'33'' W
Goodfellow AFB, TX............................................         31[deg]26'05'' N        100[deg]24'11'' W
Kelly AFB, TX.................................................         29[deg]22'51'' N        098[deg]34'40'' W
Utah Test and Training Range, UT..............................         40[deg]12'00'' N        112[deg]54'00'' W
Fort Belvoir, VA..............................................         38[deg]43'08'' N        077[deg]09'15'' W
Naval Satellite Operations Center, VA.........................         36[deg]34'00'' N        076[deg]14'00'' W
----------------------------------------------------------------------------------------------------------------


0
14. Delayed indefinitely, Sec.  101.1528 is amended by adding 
paragraphs (a)(11), (b)(10), and (d) to read as follows:


Sec.  101.1528  Requirements for aeronautical and maritime links to, 
from, or between endpoints in motion.

    (a) * * *
    (11) Aeronautical operators must coordinate with Federal operators 
and register ground-to-air stations, and must not operate such 
facilities or any associated air-to-ground transmissions until 
registration has successfully been completed.
    (b) * * *
    (10) Maritime operators must coordinate with Federal operators and 
register shore and aerostat transmitters, and must not operate such 
facilities or any associated ship-to-shore transmissions until 
registration has successfully been completed.
* * * * *
    (d) Review of certain proposed technologies in the 71-76 and 81-86 
GHz bands. Prior to registration of any aeronautical or maritime 
links--to, from, or between endpoints in motion--each licensee must 
demonstrate, in accordance with the process to be established by the 
Wireless Telecommunications Bureau and Office of Engineering and 
Technology, see 47 CFR 0.241(l), 0.331(g) of this title, that its 
technologies for point-to-endpoint-in-motion communications to aircraft 
and ships are capable of meeting specific technical and operating 
requirements set forth in this section.

[FR Doc. 2024-05390 Filed 4-26-24; 8:45 am]
BILLING CODE 6712-01-P