[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.
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Band Non-Federal use Federal use
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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.
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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.
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\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.
---------------------------------------------------------------------------
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