[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34148-34168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06669]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 2, 9, and 25

[GN Docket No. 23-65, IB Docket No. 22-271; FCC 24-28; FR ID 210313]


Single Network Future: Supplemental Coverage From Space; Space 
Innovation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) adopts rules to facilitate the deployment of 
supplemental coverage from space (SCS) in an effort to serve several 
important public interest goals for the Nation and expand the reach of 
communications services, particularly emergency services, so that 
connectivity and assistance is available in more remote places. In this 
document, to allow satellite communications on spectrum previously 
allocated only to terrestrial services, the Commission modifies the 
United States Table of Frequency Allocations to authorize bi-
directional, secondary mobile-satellite service operations in certain 
spectrum bands that have no primary, non-flexible-use legacy 
incumbents, Federal or non-Federal. For these bands, we authorize SCS 
only where one or more terrestrial licensees--together holding all 
licenses on the relevant channel throughout a defined geographically 
independent area--lease access to their spectrum rights to a 
participating satellite operator, whose license reflects these 
frequencies and the geographically independent area in which they will 
offer SCS. In recognition that this new offering has the potential to 
bring life-saving connectivity to remote areas, the Commission also 
applies interim 911 call and text routing requirements to ensure that 
help is available to those who need it today while we work toward 
enabling automatic location-based routing of all emergency 
communications whether or not there is a terrestrial connection 
available.

DATES: The rules are effective May 30, 2024, except for the amendments 
to Sec. Sec.  1.9047(d)(2) (amendatory instruction 3), 9.10(t)(3) 
through (5) (amendatory instruction 8), and 25.125(b)(1) and (2) and 
(c) (amendatory instruction 16), which are indefinitely delayed. The 
Federal Communications Commission will publish a document in the 
Federal Register announcing the effective date of these rule sections.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Jon Markman of the Mobility Division, Wireless 
Telecommunications Bureau, at [email protected] or (202) 418-
7090, or Merissa Velez of the Space Bureau Satellite Programs and 
Policy Division, at [email protected] or (202) 418-0751. For 
information regarding the Paperwork Reduction Act of 1995 (PRA) 
information collection requirements contained in this document, contact 
Cathy Williams, Office of Managing Director, at (202) 418-2918 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of Commission's Report and 
Order, in GN Docket No. 23-65 and IB Docket No. 22-271; FCC 24-28, 
adopted and released on March 15, 2024. The full text of this document 
is available for public inspection online at https://docs.fcc.gov/public/attachments/FCC-24-28A1.pdf. The Report and Order was corrected 
by an erratum released on April 18, 2024. The changes made by the 
erratum are included in this document.

Synopsis

    1. In the Report and Order, the Commission adopts a regulatory 
framework--the first of its kind in the world--to enable collaborations 
between satellite operators and terrestrial service providers to offer 
ubiquitous connectivity directly to consumer handsets using spectrum 
previously allocated only to terrestrial service. We anticipate that 
supplemental coverage from space, or SCS, will enable consumers in 
areas not covered by terrestrial networks to be connected using their 
existing devices via satellite-based communications.
    2. In the Report and Order, to allow satellite communications on 
spectrum previously allocated only to terrestrial services, the 
Commission modifies the United States Table of Frequency Allocations to 
authorize bi-directional, secondary mobile-satellite service (MSS) 
operations in certain spectrum bands that have no primary, non-
flexible-use legacy incumbents, Federal or non-Federal. Accordingly, 
the list of bands that will be available for the provision of SCS (the 
SCS Bands) is as follows:

[[Page 34149]]

     600 MHz: 614-652 MHz and 663-698 MHz;
     700 MHz: 698-769 MHz, 775 MHz-799 MHz, and 805-806 MHz;
     800 MHz: 824-849 MHz and 869-894 MHz;
     Broadband PCS: 1850-1915 MHz and 1930-1995 MHz; and
     AWS-H Block: 1915-1920 MHz and 1995-2000 MHz.
    3. For these bands, the Commission finds it in the public interest 
to limit SCS authorizations to the following geographically independent 
areas (GIAs): (1) the contiguous United States (CONUS); (2) Alaska; (3) 
Hawaii; (4) American Samoa; (5) Puerto Rico/U.S. Virgin Islands; and 
(6) Guam/Northern Mariana Islands. Given the novel technical challenges 
at play when introducing satellite communications to terrestrial 
spectrum, we believe that a GIA restriction is necessary in the initial 
SCS framework because it minimizes the risk of potential interference 
to geographically-adjacent, co-channel license areas. For these bands, 
the Commission authorizes SCS only where one or more terrestrial 
licensees--together holding all licenses on the relevant channel 
throughout a defined geographically independent area--lease access to 
their spectrum rights to a participating satellite operator, whose part 
25 license reflects these frequencies and the geographically 
independent area in which they will offer SCS.
    4. In the Report and Order, the Commission also adopts entry 
criteria that non-geostationary satellite orbit (NGSO) and 
geostationary satellite orbit (GSO) operators must meet in order to 
apply for or modify an existing part 25 license to operate satellites 
in the SCS Bands in the United States and its territories. 
Specifically, we establish an SCS framework allowing satellite 
operators to apply to modify a current part 25 license to include SCS 
where: (1) the satellite operator has one or more leasing 
notification(s) or application(s), or in the case of FirstNet, a Form 
601, on file with the Commission to access the spectrum allocated for 
MSS provision of SCS from a single terrestrial licensee or multiple 
licensees that hold, collectively or individually, all co-channel 
licenses throughout a GIA; (2) the current part 25 space station 
licensee or part 25 grantee of market access for NGSO or GSO satellite 
operation seeks modification of authority to provide SCS in the same 
geographic areas covered in the relevant GIA; and (3) the terrestrial 
devices involved in SCS qualify as ``licensed by rule'' earth stations 
under the new provisions of part 25. Similarly, satellite operators may 
apply for an initial part 25 license with authority to provide SCS if 
they meet requirements (1) and (3) above, and if in their part 25 
application, those operators seek to provide SCS in the same geographic 
areas covered in the relevant GIA.
    5. Our actions to facilitate the deployment of SCS will serve 
several important public interest goals for the Nation. First, the SCS 
framework will expand the reach of communications services, 
particularly emergency services, so that connectivity and assistance is 
available in more remote places. Second, the SCS framework will spur 
advancements in cutting-edge, space-based technologies that will 
position the United States as a global leader in this arena. And third, 
the SCS framework will continue our efforts to promote the innovative 
and efficient use of our Nation's spectrum resources in ways that 
foster creative collaborations among users.
    6. In crafting this new framework, it is essential that we balance 
the desire to accelerate innovative SCS operations that will serve 
these critical public interest goals with the need to retain service 
quality of terrestrial networks, protect spectrum usage rights, and 
minimize the risk of harmful interference, both domestically and 
internationally. Accordingly, the framework we adopt in the Report and 
Order represents an initial step to encourage the development of SCS 
while minimizing the risks of harmful interference to existing 
terrestrial and satellite networks that support non-Federal and Federal 
users. In the future, as the marketplace for SCS develops, we plan to 
build on the framework we adopt in the Report and Order, to enable 
deployment of SCS in additional bands and scenarios. We will also 
continue to monitor the nascent SCS marketplace to consider 
modifications and address proposals that do not fit neatly within our 
framework by waiver.
    7. In addition, the Commission considered a framework for 
authorizing terrestrial devices to communicate with a space station in 
the SCS context. In the Report and Order, the Commission adopts a 
license by rule approach for terrestrial devices as earth stations 
communicating with a satellite network for the purposes of SCS. 
Specifically, so long as the terrestrial devices connecting to the SCS 
network are doing so pursuant to an effective part 1 leasing 
arrangement or agreement and are operating within the existing 
technical parameters of their Office of Engineering and Technology 
(OET) equipment authorization, the terrestrial licensee's license 
parameters, and applicable part 22, 24, or 27 rules, then those devices 
will be licensed as earth stations by rule without the need to file a 
part 25 earth station application for additional authority.
    8. In recognizing the importance of 911 service to emergency 
response and disaster preparedness, we adopt interim 911 text and call 
routing requirements for terrestrial providers that use SCS 
arrangements to extend coverage areas. Specifically, we require 
terrestrial providers to transmit all 911 voice calls and texts to a 
Public Safety Answering Point (PSAP) using location-based routing or an 
emergency call center. Terrestrial providers must also transmit 
location information and the user's phone number to facilitate dispatch 
and callback capabilities at the receiving PSAP. We also require 
terrestrial providers that use SCS to file annual reports with the 
Commission, submit a privacy certification, and provide consumer 
disclosures regarding SCS 911 connectivity.
    9. Under the SCS framework, satellite operators and terrestrial 
licensees providing SCS must comply with existing satellite and 
terrestrial rules to avoid harmful interference into radio astronomy 
and related services. The Commission also amended some of its technical 
rules as they apply to SCS. In addition, the new MSS allocations will 
remain subject to the United States' international obligations under 
treaties, bilaterial or multilateral agreements, the International 
Radio Regulations, and other instruments of the International 
Telecommunication Union (ITU).

Procedural Matters

Paperwork Reduction Act

    10. The requirements in Sec. Sec.  1.9047(d)(2), 9.10(t)(3) through 
(5), and 25.125(b)(1) and (2) and (c) constitute new or modified 
collections subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. They will be submitted to the Office of Management 
and Budget (OMB) for review under section 3507(d) of the PRA. OMB, the 
general public, and other Federal agencies will be invited to comment 
on the new or modified information collection requirements contained in 
this proceeding. In addition, the Commission notes that, pursuant to 
the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4), the Commission previously sought, but did not 
receive, specific comment on how the Commission might further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees. The Commission describes impacts that

[[Page 34150]]

might affect small businesses, which includes more businesses with 
fewer than 25 employees, in the Final Regulatory Flexibility Analysis.

Final Regulatory Flexibility Analysis

    11. The Regulatory Flexibility Act (RFA) requires that an agency 
prepare a regulatory flexibility analysis for notice and comment 
rulemakings, unless the agency certifies that ``the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.'' Accordingly, the Commission has prepared a Final 
Regulatory Flexibility Analysis (FRFA) concerning the possible impact 
of the rule changes contained in the Report and Order on small 
entities. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) released in 
March 2023 in this proceeding (88 FR 21944, Mar. 16, 2023). 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

    12. The Commission will send a copy of the Report and Order in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Final Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM released in March 2023. The Federal 
Communications Commission (Commission) sought written public comment on 
the proposals in the NPRM, including comment on the IRFA. No comments 
were filed addressing the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA.

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

    14. In the Report and Order, the Commission takes a major step 
toward harnessing the power of hybrid satellite-terrestrial networks to 
connect people to modern communications services. To accomplish this 
objective, the Commission adopts a regulatory framework to enable 
collaborations between satellite operators and terrestrial service 
providers to offer ubiquitous connectivity directly to consumer 
handsets using spectrum previously allocated only to terrestrial 
service. Supplemental coverage from space (SCS) will enable consumers 
in areas not covered by terrestrial infrastructure to be connected 
using their existing devices via satellite-based communications. The 
framework the Commission adopts in the Report and Order balances the 
desire to accelerate innovative SCS operations that will serve these 
critical public interest goals with the need to retain service quality 
of terrestrial networks, protect spectrum usage rights, and minimize 
the risk of harmful interference, both domestically and 
internationally. The objectives of the framework include facilitating 
ubiquitous wireless coverage across the Nation, expanding the 
availability of emergency communications to consumers and the 
geographic range of first responders to provide emergency services, and 
promoting competition in the provision of wireless services to 
consumers.
    15. In the Report and Order, to allow satellite communications on 
spectrum previously allocated only to terrestrial services, the 
Commission modifies the United States Table of Frequency Allocations 
(U.S. Table) to authorize bi-directional, secondary mobile-satellite 
service (MSS) operations in certain spectrum bands that have no 
primary, non-flexible-use legacy incumbents, Federal or non-Federal. 
For these bands, the Commission authorizes SCS only where one or more 
terrestrial licensees--together holding all licenses on the relevant 
channel throughout a defined geographically independent area (GIA)--
lease access to their spectrum rights to a participating satellite 
operator, whose part 25 license reflects these frequencies and the GIA 
in which they will offer SCS. The list of bands (SCS Bands) that will 
be available for the provision of SCS is as follows:
     600 MHz: 614-652 MHz and 663-698 MHz;
     700 MHz: 698-769 MHz, 775 MHz-799 MHz, and 805-806 MHz;
     800 MHz: 824-849 MHz and 869-894 MHz;
     Broadband PCS: 1850-1915 MHz and 1930-1995 MHz; and
     AWS-H Block: 1915-1920 MHz and 1995-2000 MHz.
    16. In an effort to realize the public interest benefits of SCS as 
soon as possible, while minimizing the risk of harmful interference, 
the Commission adopts the proposal to limit SCS authorizations to the 
following GIAs: (1) the contiguous United States (CONUS); (2) Alaska; 
(3) Hawaii; (4) American Samoa; (5) Puerto Rico/U.S. Virgin Islands; 
and (6) Guam/Northern Mariana Islands.
    17. Additionally, in the Report and Order, the Commission adopts 
rules requiring a part 25 license as a necessary component of an SCS 
authorization that must be obtained prior to commencing SCS. The 
Commission also adopts entry criteria that non-geostationary satellite 
orbit (NGSO) and geostationary satellite orbit (GSO) operators must 
meet to apply for or modify an existing part 25 license to operate 
satellites in SCS Bands. The Commission adopts rules to establish a 
license by rule approach for terrestrial devices as earth stations 
communicating with a satellite network for the purposes of SCS. 
Furthermore, the Report and Order authorizes SCS based on a lease 
arrangement or agreement between one or more terrestrial licensees and 
one or more satellite operators, subject to the restrictions adopted. 
The Commission also adopts limited amendments to the service rules 
governing satellite and terrestrial licensees to enable the provision 
of SCS.
    18. Similarly, the Commission adopts certain technical rules, 
including requiring terrestrial device equipment authorization grantees 
to modify existing, or obtain new, equipment authorizations for 
previously certified terrestrial devices and also grants a limited 
waiver of certain rules. The Commission also addresses international 
coordination, stating that SCS will be authorized pursuant to a 
secondary MSS allocation in the U.S. Table. These operations may not 
cause harmful interference to--and shall not claim protection from--any 
station operating in accordance with ITU provisions, whether in the 
United States or internationally. Finally, the Commission clarifies 
that the SCS framework is limited to operations performed in the bands 
designated in the Report and Order for SCS and remains separate from 
the service rules for MSS systems. Consequently, the rules the 
Commission adopts in the Report and Order represent an initial step to 
encourage the development of SCS while minimizing the risks of harmful 
interference to existing terrestrial and satellite networks that 
support non-Federal and Federal users.

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

    19. Parties that filed comments did not specifically reference the 
IRFA in their comments; however, some commenters, some of which include 
small entities, expressed concerns that the proposal in the NPRM in 
which a single terrestrial licensee must hold all co-channel licenses 
in a given GIA

[[Page 34151]]

would either limit SCS to large carriers with nationwide authority over 
a block of spectrum, or, at a minimum, exclude smaller or regional 
terrestrial operators from participation in the framework. These 
concerns are discussed in greater detail in section F of this FRFA.

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

    20. 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.
    21. The Chief Counsel did not file any comments in response to the 
proposed rules or policies in this proceeding.

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

    22. 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.
    23. Small Businesses, Small Organizations, Small Government 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. We therefore describe, at the 
outset, three broad groups of small entities that could be directly 
affected herein. First, where there are industry specific size 
standards for businesses that are used in the regulatory flexibility 
analysis, according to data from the Small Business 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.
    24. 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 
revenue of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    25. 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 Government data, we estimate that at least 
48,971 entities fall into the category of ``small government 
jurisdictions.''
    26. 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.
    27. 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 2021 Universal 
Service Monitoring Report, as of December 31, 2020, there were 797 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 715 
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.
    28. 600 MHz Band. These wireless communications services are 
radiocommunication services licensed in the 617-652 MHz and 663-698 MHz 
frequency bands that can be used for fixed and mobile flexible uses. 
600 MHz Band services fall within the scope of the Wireless 
Telecommunications Carriers (except Satellite) industry where the SBA 
small business size standard 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 licensees in this industry can be considered small.
    29. Based on Commission data as of November 2021, there were 
approximately 3,327 active licenses in the 600 MHz Band service. The 
Commission's small business size standards with respect to 600 MHz Band 
services involve eligibility for bidding credits and installment 
payments in the auction of licenses for these services. For purposes of 
bidding credits, the Commission defined ``small business'' as an entity 
with average gross revenues not exceeding $55 million for each of the 
three preceding years, and a ``very small business'' as an entity with 
average gross revenues not exceeding

[[Page 34152]]

$20 million for each of the three preceding years for the 600 MHz band 
auction. Pursuant to these definitions, 15 bidders claiming small 
business status won 290 licenses.
    30. 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 we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    31. Lower 700 MHz Band Licenses. The lower 700 MHz band encompasses 
spectrum in the 698-746 MHz frequency bands. Permissible operations in 
these bands include flexible fixed, mobile, and broadcast uses, 
including mobile and other digital new broadcast operation; fixed and 
mobile wireless commercial services (including frequency division 
duplex (FDD)- and time division duplex (TDD)-based services); as well 
as fixed and mobile wireless uses for private, internal radio needs, 
two-way interactive, cellular, and mobile television broadcasting 
services. Wireless Telecommunications Carriers (except Satellite) is 
the closest industry with a SBA small business size standard applicable 
to licenses providing services in these bands. The SBA small business 
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 licensees in this industry can be considered small.
    32. According to Commission data as of December 2021, there were 
approximately 2,824 active Lower 700 MHz Band licenses. The 
Commission's small business size standards with respect to Lower 700 
MHz Band licensees involve eligibility for bidding credits and 
installment payments in the auction of licenses. For auctions of Lower 
700 MHz Band licenses the Commission adopted criteria for three groups 
of small businesses. A very small business was defined as an entity 
that, together with its affiliates and controlling interests, has 
average annual gross revenues not exceeding $15 million for the 
preceding three years, a small business was defined as an entity that, 
together with its affiliates and controlling interests, has average 
gross revenues not exceeding $40 million for the preceding three years, 
and an entrepreneur was defined as an entity that, together with its 
affiliates and controlling interests, has average gross revenues not 
exceeding $3 million for the preceding three years. In auctions for 
Lower 700 MHz Band licenses seventy-two winning bidders claiming a 
small business classification won 329 licenses, twenty-six winning 
bidders claiming a small business classification won 214 licenses, and 
three winning bidders claiming a small business classification won all 
five auctioned licenses.
    33. 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 we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    34. Upper 700 MHz Band Licenses. The upper 700 MHz band encompasses 
spectrum in the 746-806 MHz bands. Upper 700 MHz D Block licenses are 
nationwide licenses associated with the 758-763 MHz and 788-793 MHz 
bands. Permissible operations in these bands include flexible fixed, 
mobile, and broadcast uses, including mobile and other digital new 
broadcast operation; fixed and mobile wireless commercial services 
(including FDD- and TDD-based services); as well as fixed and mobile 
wireless uses for private, internal radio needs, two-way interactive, 
cellular, and mobile television broadcasting services. Wireless 
Telecommunications Carriers (except Satellite) is the closest industry 
with a SBA small business size standard applicable to licenses 
providing services in these bands. The SBA small business 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 that 
number, 2,837 firms employed fewer than 250 employees. Thus, under the 
SBA size standard, the Commission estimates that a majority of 
licensees in this industry can be considered small.
    35. According to Commission data as of December 2021, there were 
approximately 152 active Upper 700 MHz Band licenses. The Commission's 
small business size standards with respect to Upper 700 MHz Band 
licensees involve eligibility for bidding credits and installment 
payments in the auction of licenses. For the auction of these licenses, 
the Commission defined a ``small business'' as an entity that, together 
with its affiliates and controlling principals, has average gross 
revenues not exceeding $40 million for the preceding three years, and a 
``very small business'' an entity that, together with its affiliates 
and controlling principals, has average gross revenues that are not 
more than $15 million for the preceding three years. Pursuant to these 
definitions, three winning bidders claiming very small business status 
won five of the twelve available licenses.
    36. 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 we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    37. Cellular Radiotelephone Service. This service is radio service 
in which licensees are authorized to offer and provide cellular service 
for hire to the general public and was formerly titled Domestic Public 
Cellular Radio Telecommunications Service. Cellular Radiotelephone 
Service falls within the scope the Wireless Telecommunications Carriers 
(except Satellite) industry, where the SBA small business size standard 
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

[[Page 34153]]

estimates that a majority of licensees in this industry can be 
considered small.
    38. Based on Commission data, as of November 2021, there were 
approximately 1,908 active licenses in this service. The Commission's 
small business size standards with respect to Cellular Radiotelephone 
Services involve eligibility for bidding credits and installment 
payments in the auction of licenses for these services. For purposes of 
bidding credits, the Commission has defined ``small business'' as an 
entity that either (1) together with its affiliates and controlling 
interests has average gross revenues of not more than $3 million for 
each of the three preceding years, or (2) together with its affiliates 
and controlling interests has average gross revenues of not more $15 
million for each of the three preceding years.
    39. 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 we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    40. Advanced Wireless Services (AWS)--(1710-1755 MHz and 2110-2155 
MHz bands (AWS-1); 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 
2175-2180 MHz bands (AWS-2); 2155-2175 MHz band (AWS-3); 2000-2020 MHz 
and 2180-2200 MHz (AWS-4)). Spectrum is made available and licensed in 
these bands for the provision of various wireless communications 
services. Wireless Telecommunications Carriers (except Satellite) is 
the closest industry with a SBA small business size standard applicable 
to these services. The SBA small business 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 
licensees in this industry can be considered small.
    41. According to Commission data as December 2021, there were 
approximately 4,472 active AWS licenses. The Commission's small 
business size standards with respect to AWS involve eligibility for 
bidding credits and installment payments in the auction of licenses for 
these services. For the auction of AWS licenses, the Commission defined 
a ``small business'' as an entity with average annual gross revenues 
for the preceding three years not exceeding $40 million, and a ``very 
small business'' as an entity with average annual gross revenues for 
the preceding three years not exceeding $15 million. Pursuant to these 
definitions, 57 winning bidders claiming status as small or very small 
businesses won 215 of 1,087 licenses. In the most recent auction of AWS 
licenses 15 of 37 bidders qualifying for status as small or very small 
businesses won licenses.
    42. 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 we are not able to 
estimate the number of licensees with active licenses that would 
qualify as small under the SBA's small business size standard.
    43. 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 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.

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

    44. While the Commission sought to minimize compliance burdens 
where practicable, the SCS framework adopted in the Report and Order 
will impose new or additional reporting, recordkeeping, and/or other 
compliance obligations on small entities. In addition, while it sought 
comment from concerned parties regarding costs related to those 
obligations, the record does not contain a detailed cost/benefit 
analysis that would allow us to quantify such related costs to small 
entities. The rules adopted in the Report and Order encompass a broad 
range of leasing, licensing, and technical compliance requirements that 
are summarized in further detail below.
    45. Part 25 License Entry Criteria. The Report and Order 
effectuates SCS in certain flexible-use bands previously allocated 
solely for terrestrial use by the adoption of rules to authorize 
satellite-to-terrestrial (uplink and downlink) operations in these 
bands whereby a NGSO or GSO satellite operator may apply for a new or 
modify an existing part 25 authorization when that entity meets certain 
prerequisites, or ``entry criteria.'' The ``entry criteria'' requires 
the satellite operator intending to modify its existing part 25 
application in order to provide SCS to include a certification that 
provides the following information: (1) the satellite operator has one 
or more leasing notification(s) or application(s), or in the case of 
FirstNet, a Form 601, on file with the Commission to access the 
spectrum allocated for MSS provision of SCS from a single terrestrial 
licensee or multiple licensees that hold, collectively or individually, 
all co-channel licenses throughout a GIA; (2) the current part 25 space 
station licensee or part 25 grantee of market access for NGSO or GSO 
satellite operation seeks modification of authority to provide SCS in 
the same geographic areas covered in the relevant GIA; and (3) the 
terrestrial devices involved in SCS qualify as ``licensed by rule'' 
earth stations under the new provisions of part 25. Similarly, 
satellite operators may apply for an initial part 25 license with 
authority to provide SCS if it shows that it meets requirements (1) and 
(3) above, and if in their part 25 application, those operators request 
to provide SCS in in the same geographic areas covered in the relevant 
GIA.
    46. In its adopted rules, the Commission maintains its existing 
part

[[Page 34154]]

25 rules for obtaining and modifying a license and applies them to the 
SCS framework. Under this framework, meeting the proposed entry 
criteria would allow small and other entities to apply to modify its 
existing satellite authorization. However, all related applications--
including those seeking modification, lease applications, and earth 
station equipment certifications--must first be granted to provide SCS. 
Thus, the Report and Order's requirements are in addition to the 
existing underlying reporting, recordkeeping, and compliance 
requirements. We further note, however, that due to the significant 
costs involved in SCS development and deployment, we anticipate that 
few satellite operators affected by this rulemaking would qualify under 
the definition of ``small entity.''
    47. Part 1 Leasing. In the Report and Order, the Commission adopts 
a framework authorizing SCS by amending its part 1 leasing rules to 
permit terrestrial licensees to lease terrestrial spectrum rights to 
satellite operators for the purpose of providing SCS. In order to 
properly comply, the adopted rules require applicants for and current 
licensees of the authorized SCS bands to provide the following 
information using the current FCC Form 608: (1) a certification that 
the parties are entering into the leasing arrangement for the purpose 
of fulfilling the part 25 entry criteria; (2) a description of which 
method, single or multiple terrestrial licensee, the parties are 
utilizing to meet the part 25 entry criteria; and (3) if the parties 
are utilizing the spectrum leasing arrangement under the multiple 
terrestrial licensee method, the parties must: (a) describe the nature 
of the leasing arrangement(s); and (b) demonstrate how the entirety of 
the GIA is covered by the lease arrangement(s). The Commission believes 
that this requirement will improve the level of interference protection 
licensees receive in the band; and will create a more predictable and 
transparent spectrum environment for any current and future users of 
the band(s). This process also utilizes the Commission's current 
application approval and notification processing procedures because it 
will remove unnecessary delay by utilizing the procedures that are 
already in place. Further, in light of these limited changes to the 
current application procedures, the Commission does not believe that 
small entities will have to hire professionals to comply with the 
Report and Order.
    48. Part 25 Automatic Termination. In the Report and Order, the 
Commission retains the current part 25 rules regarding automatic 
termination of station authorizations to satellite licensees seeking to 
provide SCS jointly with a terrestrial operator, and adds a rule 
whereby the termination of any lease(s) that allow for the use of 
specific terrestrial spectrum for SCS is a trigger for automatic 
termination of the part 25 license. This requirement utilizes and 
applies the Commission's current part 25 automatic termination process. 
In light of these limited changes to the current procedures, the 
Commission does not believe that small entities will have to hire 
professionals to comply with the Report and Order.
    49. 911 Call Transmission Requirements. In the Report and Order, 
the Commission establishes on an interim basis that terrestrial 
providers must transmit all SCS 911 calls and texts to a PSAP using 
either an emergency call center or location-based routing. Terrestrial 
providers must also transmit location information and the user's phone 
number to facilitate dispatch and callback capabilities at the 
receiving PSAP. This interim step will balance the need for SCS 911 
voice calls and texts to be routed to the appropriate PSAP with the 
need for terrestrial providers to have flexibility in their 
implementation of SCS. Under this approach, terrestrial providers must 
either: (1) use information regarding the location of a device, 
including but not limited to device-based location information, and 
transmit the phone number of the device used to send the SCS 911 voice 
call or SCS 911 text message and available information to an 
appropriate PSAP; or (2) use an emergency call center, at which 
emergency call center personnel must determine the emergency caller's 
phone number and location and then transfer or otherwise direct the SCS 
voice call or SCS text message to an appropriate PSAP. In addition, the 
Commission requires terrestrial providers that use SCS to file an SCS 
911 report with the Commission on an annual basis, by October 15th of 
each year, that explains how their SCS deployments have supported 911 
call/text routing to the geographically appropriate PSAP with 
sufficient location information. Terrestrial providers that utilize SCS 
to extend coverage must maintain records of SCS 911 voice calls and 911 
text messages received under their SCS arrangements and received at 
their emergency centers. The Commission finds that these reporting and 
location-based routing requirements represent minimally burdensome 
requirements when weighed against the necessity of 911 service for 
emergency response and disaster preparedness. Further, while these 
recordkeeping and reporting requirements present new obligations for 
small entities, we note that these measures will promote the 
Commission's objectives regarding transparency and accountability in 
routing SCS voice calls and 911 text messages and provide useful data. 
Additionally, to advance consumer awareness of the extent to which SCS 
is used to provide connectivity to 911, the Commission adopts consumer 
disclosure requirements for terrestrial providers to inform their 
subscribers of the limitations when using SCS to contact 911. Finally, 
there is a one-time requirement that, prior to use of SCS location 
information to meet the Commission's 911 rules, terrestrial providers 
must certify that neither they nor any third party they rely on to 
obtain SCS location information will use that information or associated 
data for any non-911 purpose, except with prior express consent or as 
otherwise permitted or required by law. The certification also must 
state that terrestrial providers and any third party they rely on to 
obtain SCS location information will implement measures sufficient to 
safeguard the privacy and security of the information.
    50. Market Area Boundary Limits. In the Report and Order, the 
Commission maintains the existing market area boundary limits in parts 
22, 24, and 27 of the Commission's rules. Noting that SCS partners 
should be expected to coordinate regarding the technical parameters 
necessary to avoid co-channel interference with one another's 
operations. Although the introduction of SCS into spectrum licensed for 
terrestrial networks should have no impact to other radio systems 
operating in the band within the same or nearby geographical areas, the 
Commission adopts a rule to limit the signal levels from SCS at and 
beyond the terrestrial operator's licensed area to be the same as those 
defined for terrestrial operation in each respective band. More 
specifically, the Commission maintains the existing market area 
boundary limits established in parts 22, 24, and 27 of the Commission's 
rules. These limits have also been used and shown to be feasible for 
operations similar to SCS. SCS can therefore only be deployed on the 
condition that stations using these frequencies will not cause harmful 
interference to, or claim protection from harmful interference caused 
by, an international station operating in accordance with the 
provisions of the

[[Page 34155]]

Constitution, the Convention, and the Radio Regulations of the ITU.
    51. The Commission recognizes that managing time varying signal 
levels from SCS space stations, which may be moving and utilizing 
multibeam transmissions, will require careful and dynamic management of 
power level and beams for small and other entities. Satellite operators 
must also account for multiple overlapping and changing satellites or 
beams covering the same areas, as well as leakage and interference from 
side beams. Therefore, the power limit for interference protection at 
any given point or area should be applied to aggregation of power 
received across all visible beams and satellites at all times as they 
move over any given point or area. In addition, operators may need to 
cease beam transmissions in zones to allow for signal degradation from 
the edge of SCS coverage. Given that the size of such zones depends on 
target services, satellite and beamforming configuration, and power 
management solutions which may improve over time, the Commission does 
not set a limit on the zone size as long as the receive power limits 
are met.
    52. Out of Band Emission (OOBE) Limits. In the Report and Order the 
Commission adopted a uniform OOBE limit of -120 dBW/m2/MHz for SCS 
operation across the SCS Bands expressed as a terrestrial power flux-
density (PFD) limit. To ensure those adjacent band devices are 
protected from the risk of harmful interference, we find that both OOBE 
limits are warranted, and given the nature of SCS, that these limits 
should be measured and enforced on the ground. In setting these limits, 
we recognize that different factors may affect the potential for 
harmful interference due to the inherent difference in propagation 
effects when the signal is generated from a multibeam satellite 
constellation compared to when it is transmitted from a terrestrial 
base station. As a result, we therefore adopt limits that constitute a 
reasonable middle ground between existing terrestrial OOBE limits and 
satellite-based limits.
    53. The existing OOBE limits for base stations vary across 
different radio services, and these services are governed by different 
parts of the Commission's rules (e.g., parts 22, 24, 27). Although 
different OOBE limits apply across individual SCS Bands, we believe 
adopting a uniform PFD limit for supplemental satellite coverage across 
the various bands is reasonable and provides a simple requirement for 
satellite operator compliance. To provide a uniform limit across the 
various SCS Bands, the Commission considers some balancing of these 
effects for PFD limits that are normalized to both ``per MHz'' and 
``per square meter''-i.e., dBW/m2/MHz. We also specify that this PFD 
limit will apply at 1.5 meters above ground level, a height frequently 
associated with handset usage that has been used by the Commission when 
developing interference protection criteria for other wireless 
services. We believe that this limit represents an equitable- and 
technologically feasible-balance between the positions expressed in the 
record and will effectively protect adjacent band operations across the 
SCS Bands. Further, given that the Commission is breaking new ground in 
permitting satellite operations to not only operate in bands allocated 
for terrestrial systems, but permitting them to be fully integrated 
into those systems, we believe that it is in the public interest to 
require that those satellites protect terrestrial systems commensurate 
with the protections they are afforded from terrestrial-only systems. 
While the out-of-band PFD limits the Commission adopted may require 
more stringent attenuation than the emission limits specified in Sec.  
25.202(f) for satellite operation, the Commission believes that these 
stricter limits are both necessary and technologically feasible for 
small and other satellite operators providing SCS.
    54. Equipment Authorization for SCS. The adopted rules in the 
Report and Order also require terrestrial device equipment 
authorization grantees to modify existing, or obtain new, equipment 
authorizations for previously certified terrestrial devices to reflect 
those devices' approval to operate under a part 25 MSS allocation and 
applicable SCS rules. New applicants should include a request for part 
25 on future certification applications for equipment that is capable 
of operation in an SCS mode. This requirement does introduce a new 
administrative burden for equipment authorization grantees and 
applicants, especially as it relates to already certified equipment. 
The Commission's existing procedures through the permissive change 
process which enable electrical or mechanical changes to certified 
equipment when those changes do not affect the characteristics required 
to be reported to the Commission do not apply here where the only 
change being made to the certification is adding authorization for part 
25. Under the Commission's existing rules, ``a change other than a 
permissive change'' requires a grantee to file a new application for 
certification accompanied by the information specified in part 2 of the 
Commission's rules. The Commission believes there is good reason to 
provide grantees a way to effectuate the necessary changes to their 
equipment authorization grants under the Commission's rules that also 
minimizes the administrative burdens associated with a new equipment 
certification application by waiving relevant rule provisions to 
provide a simplified process for existing grantees to modify their 
certifications to reflect part 25 authorization for SCS.
    55. In granting a limited waiver of its rules, the Commission aims 
to minimize the burden on small and other equipment certification 
holders, while ensuring tracking and accountability for devices capable 
of SCS, and compliance with its prohibition on the authorization of 
covered equipment. Similarly, for new equipment authorizations, 
terrestrial devices need only show compliance with the terrestrial 
technical rules for the rule parts under which they will operate; no 
additional tests are needed for part 25 SCS capability. Thus, seeking 
to have the part 25 SCS designation on the equipment certification only 
requires the applicant to request such a designation pursuant to the 
SCS rules.
    56. International Coordination. In the Report and Order, the 
adopted rules require that SCS operations that may occur in bands not 
allocated for such services in the International Table must be 
consistent with ITU Radio Regulation No. 4.4 and finds that it would 
serve the public interest to include express conditions in the SCS 
licenses to ensure that the Commission's obligations are met as the ITU 
notifying administration for U.S. licensed space station operations. In 
these cases, the Commission will require additional assurances from SCS 
licensees that while operating outside of the United States, pursuant 
to an authorization from another country, the satellite operations will 
not cause harmful interference into a nearby country. Prior to 
conducting any communications with earth stations outside the United 
States, a satellite operator licensed to provide SCS, or applicant for 
a license to provide SCS, must certify to Space Bureau and the Office 
of International Affairs (OIA) that it has obtained all necessary 
authorizations from the relevant country prior to initiation of 
communications with earth stations in that country. The certification 
must include steps that were taken to address harmful interference 
concerns and that these SCS operations will not result in harmful 
interference to operations that are in conformity with the ITU Radio 
Regulations in neighboring or nearby

[[Page 34156]]

countries. The certification must also be accompanied by a 
demonstration specifying the measures that the U.S. licensee or 
applicant will take to eliminate any harmful interference immediately, 
in the event that it is notified of harmful interference resulting from 
such SCS operations. These requirements are consistent with existing 
Commission rules, thereby limiting the compliance burden for small and 
other entities.

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

    57. 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.
    58. As discussed above, the Report and Order adopts an SCS 
framework that allows, through a collaboration between a terrestrial 
mobile service provider and satellite operator, transmissions directly 
from satellites to terrestrial devices on spectrum that was previously 
allocated and licensed exclusively on a terrestrial basis. In the 
discussion of the issues, the initial NPRM sought comment on, the 
Commission raised alternatives and sought input such as a cost and 
benefit analyses from small and other entities. By requesting such 
information, the Commission gave small entities the opportunity to 
broaden the scope of the Commission's understanding of impacts which 
may not be readily apparent, and offer alternatives not already 
considered that could minimize the economic impact on small entities.
    59. Waiver-Based Approach. The Commission declines to adopt a 
waiver-based approach to enable SCS, opting instead to enable SCS on a 
variety of bands in all parts of the United States through generally-
applicable rules. Some commenters argued for a waiver-based approach 
instead, but the Commission believes a generally-applicable rules 
approach allows the Commission to better serve the public by allowing 
it to more carefully consider the entire landscape of an issue as well 
as make more comprehensive policy decisions. However, because there are 
particular SCS implementations that do not perfectly align with this 
framework, in order to not discourage or delay other innovative 
solutions for SCS, the Commission will continue to consider on a case-
by-case basis filings for waiver or special temporary authority (STA) 
made by interested parties for SCS. Permitting case-by-case filings for 
waiver or STA will allow more flexibility for smaller entities who do 
not have the resources that larger entities have to participate in 
providing SCS.
    60. Geographically Independent Area (GIA). In the initial NPRM, the 
Commission proposed to limit the provision of SCS ``to instances where 
a single terrestrial licensee holds all co-channel licenses in the 
relevant band throughout one of the six GIAs.'' In the Report and 
Order, the Commission adopted the proposal to limit SCS authorizations 
to the following GIAs: (1) CONUS; (2) Alaska; (3) Hawaii; (4) American 
Samoa; (5) Puerto Rico/U.S. Virgin Islands; and (6) Guam/Northern 
Mariana Islands. The Commission adopted its original proposal to limit 
SCS to GIAs at this time, and acknowledges that this decision does not 
foreclose the ability for parties with proposals for providing SCS that 
do not satisfy the framework from applying to the Commission and 
demonstrating that they will not cause harmful interference. Some 
commenters, some of which include small entities, suggested this 
proposal would limit SCS to large carriers with nationwide authority 
over a block of spectrum, or otherwise exclude smaller or regional 
terrestrial operators from participation in the framework. Because of 
these concerns, the Commission has taken the step of expanding its 
entry criteria so that multiple terrestrial service providers may work 
with a satellite operator to provide SCS, as long as together those 
service providers hold all the licenses in the relevant channel 
throughout a GIA. These more expansive entry criteria help provide an 
opportunity for broader deployment of SCS both spectrally and 
geographically and allows additional licensees to participate, while 
still minimizing the risk of harmful interference.
    61. Part 25 License Entry Criteria. In the Report and Order, the 
Commission adopted rules to authorize satellite-to-terrestrial (uplink 
and downlink) operations in certain bands whereby a NGSO or GSO 
satellite operator may apply for a new or modify an existing part 25 
authorization where that entity meets certain prerequisites, or ``entry 
criteria.'' This approach will significantly expand and enhance 
secondary markets in a manner that aligns with the Commission's public 
interest objectives in order to permit spectrum to flow more freely 
among users and uses in response to economic demand. The Commission 
believes that by allowing spectrum to be utilized in this way, it will 
encourage small entities to become more involved in this process and 
collaborate with larger providers.
    62. Furthermore, in the Report and Order, the Commission declined 
to require part 25 blanket earth station licensing because the comments 
in the record reflected that blanket licensing would be unnecessarily 
burdensome to small and other entities. In the initial NPRM, the 
Commission proposed that a terrestrial licensee seeking to collaborate 
with a satellite operator to offer SCS must apply for and obtain a 
blanket earth station license for all of its subscribers' terrestrial 
devices that will be transmitting to space stations for SCS operations. 
The Commission sought comment on this approach as well as any other 
approaches that would be consistent with statutory and international 
obligations. However, commenters raised significant concerns regarding 
blanket licensing, and, thus, the Commission instead adopts a license 
by rule approach for terrestrial devices as earth stations 
communicating with a satellite network for the purposes of SCS. By not 
requiring providers to apply for and obtain a blanket earth station 
license, the Commission removes a barrier that was potentially 
unnecessarily burdensome, in particular for small entities with limited 
resources.
    63. Part 1 Leasing. The Commission adopts a framework authorizing 
SCS by amending its part 1 leasing rules to permit terrestrial 
licensees to lease terrestrial spectrum rights to satellite operators 
for the purpose of providing SCS. These requirements are consistent 
with existing Commission part 1 leasing rules, and the Commission will 
require applicants for and current licensees of the authorized SCS 
bands to provide the necessary information using current FCC Form 608. 
This process will benefit small entities by saving time and resources, 
as it utilizes the Commission's current application approval and 
notification processing procedures, and it will remove unnecessary 
delay by utilizing the procedures that are already in place. 
Additionally, the Commission considered, but declined, to adopt an 
approach where a lease was not initially required. Some commenters 
advocated for the adoption of a ``two-step'' licensing model in 
response to the NPRM, which would have involved a deployment grant that 
would not have required a lease initially. However, the Commission 
believes that a two-step part 25 licensing process would require

[[Page 34157]]

a duplicative and inefficient use of staff resources that could create 
a significant economic burden to small entities.
    64. Part 25 Automatic Termination. The Commission retains the 
current part 25 rules regarding automatic termination of station 
authorizations to satellite licensees seeking to provide SCS jointly 
with a terrestrial operator and adds a rule whereby the termination of 
any lease(s) that allow for the use of specific terrestrial spectrum 
for SCS is a trigger for automatic termination of the part 25 license. 
The new rule that triggers the current part 25 automatic termination 
requirement is consistent with the current automatic termination rules. 
By retaining the current part 25 rules regarding automatic termination, 
small and other entities will not have to become acquainted with a new 
set of rules, thus reducing their compliance burden.
    65. 911 Call Transmission Requirements. The Commission establishes 
on an interim basis that terrestrial providers must transmit all SCS 
911 calls and texts to a PSAP using either an emergency call center or 
location-based routing. Terrestrial providers must also transmit 
location information and the user's phone number to facilitate dispatch 
and callback capabilities at the receiving PSAP. This interim step will 
balance the need for SCS 911 voice calls and texts to be routed to the 
appropriate PSAP with the need for entities to have flexibility in 
their implementation of SCS. The Commission implements this interim 
step because some terrestrial 911 requirements may not be feasible at 
this time and, thus, balanced feasibility with the vital importance of 
911 services. In connection with this interim requirement, terrestrial 
providers that use SCS to extend coverage must maintain records of SCS 
911 voice calls and text messages received on their network and 
emergency call centers. In addition, the adopted rules require 
terrestrial providers to file an SCS 911 report with the Commission on 
an annual basis, which will provide critical information regarding SCS 
911 connectivity to the Commission while accomplishing it in a manner 
that does not create a severe burden for entities required to file. The 
Commission concluded that extending and adapting the existing MSS 911 
reporting and location-based routing requirements are minimally 
burdensome. While these requirements do present new obligations for 
small entities, these measures will promote transparency and 
accountability in routing SCS voice calls and provide useful data. In 
addition, the concurrently adopted Further Notice of Proposed 
Rulemaking, published elsewhere in this issue of the Federal Register, 
will also provide an ample record in which the Commission may consider 
any additional concerns regarding SCS 911-related issues.
    66. The Report and Order also establishes disclosure requirements 
for terrestrial providers to inform their subscribers of the 
limitations resulting from the use of SCS to contact 911. This 
disclosure requirement is consistent with the disclosure requirement 
the Commission adopted for interconnected Voice Over Internet Protocol 
(VoIP) service providers, demonstrating that it will be familiar to 
entities and not cause a significant economic impact. While this is a 
new requirement for providers, it will provide vital information to 
consumers about the limitations of SCS when contacting 911. The 
Commission also adopts a rule requiring terrestrial providers to file 
with the Commission a one-time certification regarding safeguarding the 
privacy and security of SCS location information. These obligations are 
consistent with the Commission's existing rules that apply to z-axis 
and dispatchable location data, as well as location information used 
for location-based routing; therefore, it will be familiar to 
terrestrial providers and not create an additional costly burden on 
small entities.
    67. Market Area Boundary Limits. The Commission maintains the 
existing market area boundary limits in parts 22, 24, and 27 of the 
Commission's rules, noting that SCS partners should be expected to 
coordinate regarding the technical parameters necessary to avoid co-
channel interference with one another's operations. Although the 
existing market area boundary limits remain, the Commission states that 
certain limits may be necessary and applicable to the boundaries of the 
GIA, including at international borders or boundaries extending into 
water. Therefore, the Commission adopts a rule to limit the signal 
levels from SCS at and beyond the terrestrial operator's licensed area 
to be the same as those defined for terrestrial operation in each 
respective band.
    68. Out of Band Emission (OOBE) Limits. The Commission adopts a 
uniform OOBE limit for SCS operation across the SCS Bands expressed as 
a terrestrial PFD limit. The Commission declined to apply the existing 
OOBE limits for base stations; instead, after the perspective of 
commenters who expressed mixed views on which OOBE limits to apply, the 
Commission adopts a uniform PFD limit for SCS, which provides an 
equitable- and technologically feasible-compromise between the 
positions expressed in the record and will also effectively protect 
adjacent band operations across the SCS Bands. Further, by adopting a 
uniform OOBE limit for SCS operations, entities will not have to become 
knowledgeable about several different limitations, which will save much 
needed time and resources for small entities. We note that even though 
the out-of-band PFD limits adopted may require more stringent 
attenuation than the emission limits specified in Sec.  25.202(f) for 
satellite operation, the Commission believes these stricter limits are 
both necessary and technologically feasible for satellite operators 
providing SCS.
    69. Equipment Authorization for SCS. In the Report and Order, the 
Commission requires terrestrial device equipment authorization grantees 
to modify existing, or obtain new, equipment authorizations for 
previously certified terrestrial devices to reflect those devices' 
approval to operate under a part 25 MSS allocation and applicable SCS 
rules. This requirement does introduce a new administrative burden for 
equipment authorization grantees and applicants, especially as it 
relates to already certified equipment. The Commission's existing 
procedures through the permissive change process which enable 
electrical or mechanical changes to certified equipment when those 
changes do not affect the characteristics required to be reported to 
the Commission do not apply here where the only change being made to 
the certification is adding authorization for part 25. Under the 
Commission's existing rules, ``a change other than a permissive 
change'' requires a grantee to file a new application for certification 
accompanied by the information specified in part 2 of the Commission's 
rules. While the Commission believes there is good reason to provide 
grantees a way to effectuate the necessary changes to their equipment 
authorization grants under the Commission's rules that also minimizes 
the administrative burdens associated with a new equipment 
certification application. The Commission therefore waives relevant 
provisions to provide a simplified process for existing grantees to 
modify their certifications to reflect part 25 authorization for SCS. 
In providing this limited waiver to existing rules, the Commission aims 
to minimize the burden on equipment certification holders, while 
ensuring tracking and accountability for devices capable of SCS, and 
compliance with our prohibition on the authorization of covered 
equipment. Similarly, for new equipment authorizations, terrestrial

[[Page 34158]]

devices need only show compliance with the terrestrial technical rules 
for the rule parts under which they will operate; no additional tests 
are needed for part 25 SCS capability.
    70. International Coordination. In the Report and Order, the 
Commission requires that SCS operations in bands not allocated for such 
services in the International Table must be consistent with ITU Radio 
Regulation No. 4.4 and finds it would serve the public interest to 
include express conditions in the SCS licenses to ensure that the 
Commission's obligations are met as the ITU notifying administration 
for U.S. licensed space station operations. In these cases, the 
Commission will require additional assurances from SCS licensees that 
while operating outside the United States, pursuant to an authorization 
from another country, the satellite operations will not cause harmful 
interference. Prior to conducting any communications with earth 
stations outside the United States, a satellite operator licensed to 
provide SCS, or applicant for a license to provide SCS, must certify to 
the Space Bureau and OIA that it has obtained all necessary 
authorizations from the relevant country prior to initiation of 
communications with earth stations in that country.
    71. ECIP Program. The initial NPRM sought comment on eligibility 
for the Enhanced Competition Incentive Program (ECIP), which the 
Commission established in July 2022 to facilitate new opportunities for 
small carriers and Tribal nations to increase access to spectrum, while 
incorporating provisions to ensure against program waste, fraud and 
abuse. Given that the framework is primarily intended to facilitate 
provision of SCS to existing consumer handsets, and ECIP was adopted 
with requirements tailored specifically towards provision of service 
through terrestrial base stations, the Commission considered whether to 
make SCS participants, necessarily engaged in leasing arrangements, 
eligible for ECIP benefits which could reduce the economic impacts for 
small carriers and Tribal nations. In the Report and Order, the 
Commission declines to extend ECIP benefits to stakeholders that 
presently intend to enter into leasing arrangements for the provision 
of SCS. The Commission highlights that the provisions of SCS do not 
align with the goals or entry criteria of the ECIP program and believes 
it is in the public interest to allow the SCS marketplace and the ECIP 
program to further develop before determining whether it is appropriate 
for these two new Commission efforts to support one another.

G. Report to Congress

    72. The Commission will send a copy of the Report and Order, 
including the FRFA, in a report to Congress pursuant to the 
Congressional Review Act. In addition, the Commission will send a copy 
of the Report and Order, including the FRFA, to the Chief Counsel for 
Advocacy of the SBA. A copy of the Report and Order and FRFA (or 
summaries thereof) will also be published in the Federal Register.

Ordering Clauses

    73. Accordingly, it is ordered that, pursuant to the authority 
found in sections 1, 4(i), 157, 301, 303, 307, 308, 309, and 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 157, 
301, 303, 307, 308, 309, and 310, that the Report and Order and Further 
Notice of Proposed Rulemaking is hereby adopted.
    74. It is further ordered that the Report and Order shall be 
effective 30 days after publication in the Federal Register, with the 
exception of revisions to Sec. Sec.  1.9047(d)(2), 9.10(t)(3) through 
(5), and 25.125(b)(1) and (2) and (c) of the Commission's rules, 47 CFR 
1.9047(d)(2), 9.10(t)(3) through (5), and 25.125(b)(1) and (2) and (c), 
which may contain new or modified information collection requirements 
and will not be effective until after the Office of Management and 
Budget completes any review the Wireless Telecommunications Bureau and 
the Space Bureau determine is required under the Paperwork Reduction 
Act and provide an effective date by subsequent Public Notice.
    75. It is further ordered that, pursuant to section 4(i) of the 
Communications Act, as amended, 47 U.S.C. 154(i), and Sec.  1.3 of the 
Commission's rules, 47 CFR 1.3, the following rules are waived, 
effective immediately upon adoption of the Report and Order and 
extending until the date that is six months following the effective 
date announced in the Public Notice issued pursuant to paragraph 268 in 
the Report and Order, to the limited extent and as described herein: 
Sec. Sec.  2.1043(c) and 2.911(c) and (e) of the Commission's rules, 47 
CFR 2.1043(c) and 2.911(c) and (e). This temporary waiver is granted 
only for the purpose of adding a part 25 designation to equipment 
certifications granted on or before the 60th day after a summary of the 
Report and Order is published in the Federal Register.
    76. It is further ordered that the Commission's Office of the 
Secretary, SHALL SEND a copy of the Report and Order and Further Notice 
of Proposed Rulemaking, including the Final Regulatory Flexibility 
Analysis and the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    77. It is further ordered that the Commission shall send a copy of 
the Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 1

    Practice and procedure, Reporting and recordkeeping requirements, 
Telecommunications, Wireless radio services.

47 CFR Part 2

    Communications, Satellites, Telecommunications.

47 CFR Part 9

    Communications common carriers, Communications equipment, Radio.

47 CFR Part 25

    Administrative practice and procedure, Satellites.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 2, 9, and 25 as 
follows:

PART 1--PRACTICE AND PROCEDURE

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

    Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 
U.S.C. 1754, unless otherwise noted.


0
2. Effective May 30, 2024, add Sec.  1.9047 to read as follows:


Sec.  1.9047  Special provisions relating to spectrum leasing 
arrangements involving terrestrial spectrum rights for supplemental 
coverage from space.

    (a) Supplemental coverage from space. For purposes of this section, 
supplemental coverage from space (SCS) has the same meaning as in Sec.  
25.103 of this chapter.
    (b) Geographically independent area (GIA). For purposes of this 
section, geographically independent area (GIA) has the same meaning as 
in Sec.  25.103 of this chapter.
    (c) Part 25 SCS Entry Criteria. For purposes of this section, part 
25 SCS Entry Criteria refers to the requirements

[[Page 34159]]

outlined in Sec.  25.125(a) and (b) of this chapter.
    (d) Scope. Under this section, a licensee may enter into a spectrum 
manager (see Sec.  1.9020) or de facto transfer (see Sec. Sec.  1.9030 
and 1.9035) leasing or subleasing arrangement with a spectrum lessee in 
only the bands identified in Sec.  2.106(d)(33)(i) of this chapter for 
the purpose of meeting the part 25 SCS Entry Criteria.
    (1) The licensee seeking to engage in spectrum leasing under this 
section may do so under the following parameters:
    (i) A single licensee that holds all co-channel licenses on the 
relevant band in a GIA may enter into a leasing arrangement with one or 
more satellite operators.
    (ii) If there are multiple co-channel licensees that collectively 
hold all co-channel licenses in a particular band throughout one of six 
GIAs, the licensees may enter into spectrum leasing arrangements only 
under one of the following conditions:
    (A) One licensee holding a license in the GIA must enter into an 
individual spectrum leasing arrangement with each of the other co-
channel licensees in that GIA. The licensee may then enter into a 
leasing arrangement with one satellite operator; or
    (B) One satellite operator may enter into individual leasing 
arrangements with each of the relevant co-channel licensees that 
together hold all co-channel licenses on the relevant band in the GIA.
    (2) [Reserved]
    (e) FirstNet. In order for the First Responder Network Authority 
(FirstNet), as defined in 47 U.S.C. 1424, to fulfill the part 25 SCS 
Entry Criteria, FirstNet must file an FCC Form 601 in the Universal 
Licensing System (ULS) that:
    (1) Describes the manner in which FirstNet has conveyed to its 
satellite partner an authorization to utilize the 758-769/788-799 MHz 
band or portions of the band;
    (2) Identifies and describes the geographic area(s) and nature of 
the proposed SCS operations; and
    (3) Demonstrates how, under the agreement, the rights and 
responsibilities of the satellite operator partner are substantively 
the same as those of a lessee under this part.
    (f) Subleasing. Notwithstanding the provisions of Sec. Sec.  
1.9020(l) and 1.9030(k), an SCS spectrum lessee may sublease spectrum 
usage rights subject to the following condition.
    (1) Satellite operators may not enter into a spectrum subleasing 
arrangement where there are multiple terrestrial licensees jointly 
leasing their co-channel rights in a given GIA pursuant to paragraph 
(d)(1)(ii) of this section.
    (2) [Reserved]
    (g) Construction/performance requirements. Notwithstanding the 
provisions of Sec. Sec.  1.9020(d)(5)(i) and 1.9030(d)(5)(i), a 
licensee may not attribute to itself the build-out or performance 
activities of its SCS spectrum lessee(s) for purposes of complying with 
any applicable performance or build-out requirement.

0
3. Delayed indefinitely, further amend Sec.  1.9047 by adding paragraph 
(d)(2) to read as follows:


Sec.  1.9047  Special provisions relating to spectrum leasing 
arrangements involving terrestrial spectrum rights for supplemental 
coverage from space.

* * * * *
    (d) * * *
    (2) The spectrum lessee or sublessee seeking to engage in spectrum 
leasing under this section must provide within the FCC Form 608:
    (i) A certification that the parties are entering into the leasing 
arrangement for the purpose of fulfilling the part 25 Entry Criteria;
    (ii) A description of which method, single or multiple terrestrial 
licensee, the parties are utilizing to meet the part 25 Entry Criteria; 
and
    (iii) If the parties are utilizing the spectrum leasing arrangement 
outlined in paragraph (d)(1)(ii) of this section, the parties must:
    (A) Describe the nature of the leasing arrangement(s); and
    (B) Demonstrate how the entirety of the GIA is covered by the lease 
arrangement(s).
* * * * *

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

0
4. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
5. Effective May 30, 2024, amend Sec.  2.106 by:
0
a. Revising pages 30, 36, 37, and 38 in paragraph (a); and
0
b. Adding paragraph (d)(33)(i) and reserved paragraph (d)(33)(ii).
    The revisions and additions read as follows:


Sec.  2.106  Table of Frequency Allocations.

    (a) * * *
BILLING CODE 6712-01-P

[[Page 34160]]

[GRAPHIC] [TIFF OMITTED] TR30AP24.059


[[Page 34161]]


[GRAPHIC] [TIFF OMITTED] TR30AP24.060


[[Page 34162]]


[GRAPHIC] [TIFF OMITTED] TR30AP24.061


[[Page 34163]]


[GRAPHIC] [TIFF OMITTED] TR30AP24.062


[[Page 34164]]


[GRAPHIC] [TIFF OMITTED] TR30AP24.063

BILLING CODE 6712-01-C

[[Page 34165]]

    (d) * * *
    (33) * * *
    (i) NG33A The secondary MSS operations in the bands 614-652 MHz and 
663-769 MHz, 775-799 MHz, and 805-806 MHz, 824-849 MHz and 869-894 MHz, 
and 1850-1920 MHz and 1930-2000 MHz are limited to supplemental 
coverage from space (SCS) and are subject to the Commission's SCS rules 
in part 25 of this chapter.
    (ii) [Reserved]
* * * * *

PART 9--911 REQUIREMENTS

0
6. The authority citation for part 9 continues to read as follows:

    Authority: 47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201, 
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303, 
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615 
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721, 
and 1471, and Section 902 of Title IX, Division FF, Pub. L. 116-260, 
134 Stat. 1182, unless otherwise noted.


0
7. Effective May 30, 2024, amend Sec.  9.10 by revising paragraph (a) 
introductory text and adding paragraph (t) to read as follows:


Sec.  9.10  911 Service.

    (a) Scope of section. Except as described in paragraph (r) of this 
section, the following requirements of paragraphs (a) through (t) of 
this section are only applicable to CMRS providers, excluding mobile 
satellite service (MSS) operators, to the extent that they:
* * * * *
    (t) Interim 911 requirements for supplemental coverage from space--
(1) Supplemental coverage from space. For purposes of this paragraph 
(t), supplemental coverage from space (SCS) has the same meaning as in 
part 25, subpart A, of this chapter; SCS 911 calls are 911 calls (as 
defined in Sec.  9.3) that are carried over satellite facilities 
pursuant to a CMRS provider's SCS arrangement; and an SCS 911 text 
message is a 911 text message (as defined in paragraph (q)(9) of this 
section) that is carried over satellite facilities pursuant to a CMRS 
provider's SCS arrangement.
    (2) Call Transmission requirements. For purposes of delivering SCS 
911 voice calls and SCS 911 text messages, CMRS providers must either:
    (i) Use information regarding the location of a device, including 
but not limited to device-based location information, to route SCS 911 
voice calls and SCS 911 text messages to an appropriate PSAP and 
transmit the phone number of the device used to send the SCS 911 voice 
call or SCS 911 text message and available location information to an 
appropriate PSAP; or
    (ii) Use an emergency call center, at which emergency call center 
personnel must determine the emergency caller's phone number and 
location and then transfer or otherwise direct the 911 caller to an 
appropriate PSAP.

0
8. Delayed indefinitely, further amend Sec.  9.10 by adding paragraphs 
(t)(3) through (5) to read as follows:


Sec.  9.10  911 Service.

* * * * *
    (t) * * *
    (3) Reporting. Each CMRS provider that utilizes SCS arrangements to 
expand its coverage areas for providing service to its end-user 
subscribers must maintain records of all SCS 911 voice calls and SCS 
911 text messages received on its network and received at its emergency 
call center. By October 15 of each year, each CMRS provider that 
utilizes SCS arrangements to expand its coverage areas for providing 
service to its end-user subscribers must submit a report to the 
Commission regarding SCS 911 voice calls and 911 text messages, and its 
emergency call center data, current as of September 30 of that year. 
CMRS providers that utilize SCS arrangements to expand their coverage 
areas for providing service to their end-user subscribers must submit 
this certification in the Commission's Electronic Comment Filing 
System. These reports must include, at a minimum, the following:
    (i) The name and address of the CMRS provider, the address of that 
CMRS provider's emergency call center, and the contact information of 
the emergency call center;
    (ii) The aggregate number of SCS 911 voice calls and SCS 911 text 
messages received by the network of the CMRS provider that provides SCS 
service to its end-user subscribers during each month during the 
relevant reporting period;
    (iii) The aggregate number of SCS 911 voice calls and SCS 911 text 
messages received by the emergency call center each month during the 
relevant reporting period;
    (iv) The aggregate number of SCS 911 voice calls and SCS 911 text 
messages received by the emergency call center each month during the 
relevant reporting period that required forwarding to a PSAP and how 
many did not require forwarding to a PSAP;
    (v) The aggregate number of SCS 911 voice calls that were routed 
using location information that met the timeliness and accuracy 
thresholds defined in paragraphs (s)(3)(i)(A) and (B) of this section;
    (vi) The aggregate number of SCS 911 voice calls and SCS 911 text 
messages that were routed using location information that did not meet 
the timeliness and accuracy thresholds defined in paragraphs 
(s)(3)(i)(A) and (B) of this section; and
    (vii) An explanation of how the SCS deployment, including network 
architecture, systems, and procedures, will support routing SCS 911 
voice calls and SCS 911 text messages to the geographically appropriate 
PSAP with sufficient location information in compliance with paragraph 
(t)(2) of this section.
    (4) Certification. CMRS providers that utilize SCS arrangements to 
expand their coverage areas for providing service to their end-user 
subscribers must certify on a one-time basis that neither they nor any 
third party they rely on to obtain location information or associated 
data used for compliance with paragraph (t)(2)(i) or (ii) of this 
section will use such location information or associated data for any 
non-911 purpose, except with prior express consent or as otherwise 
permitted or required by law. The certification must state that the 
CMRS provider and any third parties it relies on to obtain location 
information or associated data used for compliance with paragraph 
(t)(2)(i) or (ii) have implemented measures sufficient to safeguard the 
privacy and security of such location information or associated data. 
CMRS providers that utilize SCS arrangements to expand their coverage 
areas for providing service to their end-user subscribers must submit 
this one-time certification in the Commission's Electronic Comment 
Filing System on the due date of the first report made under paragraph 
(t)(3) of this section.
    (5) Subscriber notification. Each CMRS provider that utilizes SCS 
arrangements to expand its coverage areas for providing service to its 
end-user subscribers shall specifically advise every subscriber, both 
new and existing, in writing prominently and in plain language, of the 
circumstances under which 911 service for all SCS 911 calls, or SCS 911 
text messages may not be available via SCS or may be in some way 
limited by comparison to traditional enhanced 911 service.

PART 25--SATELLITE COMMUNICATIONS

0
9. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 
332, 605, and 721, unless otherwise noted.


[[Page 34166]]



0
10. Effective May 30, 2024, amend Sec.  25.103 by adding definitions 
for ``Geographically independent area (GIA)'', ``SCS earth stations'', 
and ``Supplemental coverage from space (SCS)'' in alphabetical order to 
read as follows:


Sec.  25.103  Definitions.

* * * * *
    Geographically independent area (GIA). Any of the following six 
areas:
    (1) CONUS;
    (2) Alaska;
    (3) Hawaii;
    (4) American Samoa;
    (5) Puerto Rico/U.S. Virgin Islands; and
    (6) Guam/Northern Mariana Islands.
* * * * *
    SCS earth stations. Any earth station used for the provision of 
supplemental coverage from space consistent with Sec.  25.115(q).
* * * * *
    Supplemental coverage from space (SCS). The provision of coverage 
to terrestrial wireless subscribers through an arrangement or agreement 
(see Sec.  1.9047 of this chapter) between one or more NGSO or GSO 
operator(s) and one or more terrestrial wireless licensee(s), involving 
transmissions between space stations and SCS earth stations. NGSO and 
GSO operators and terrestrial wireless service licensees seeking to 
provide SCS must be authorized in compliance with Sec.  25.125.
* * * * *

0
11. Effective May 30, 2024, amend Sec.  25.109 by adding paragraph (f) 
to read as follows:


Sec.  25.109  Cross-reference.

* * * * *
    (f) Space and SCS earth stations providing SCS are subject to 
technical rules in parts 2, 22, 24, and 27 of this chapter where 
applicable.

0
12. Effective May 30, 2024, amend Sec.  25.114 by adding paragraph 
(a)(4) to read as follows:


Sec.  25.114  Applications for space station authorizations.

    (a) * * *
    (4) For an application filed pursuant to the SCS procedure in Sec.  
25.125, the filing must be submitted on FCC Form 312, Main Form and 
Schedule S, with attached exhibits as required by paragraph (d) of this 
section, and must constitute a comprehensive proposal.
* * * * *

0
13. Effective May 30, 2024, amend Sec.  25.115 by adding paragraph (q) 
to read as follows:


Sec.  25.115  Applications for earth station authorizations.

* * * * *
    (q) SCS earth stations. An applicant seeking to use SCS earth 
stations to provide SCS must comply with Sec.  25.125.
    (1) A satellite operator licensed under Sec.  25.125 to provide SCS 
is permitted to communicate with all terrestrial wireless licensee(s)-
associated SCS earth stations that have been approved for such use 
under part 2 of this chapter.
    (i) Such earth stations must show compliance with this part and at 
least one of either part 22, 24, or 27 of this chapter to provide SCS 
within the technical parameters and provisions associated with the 
device certification.
    (ii) The device certification must show compliance with the 
licensed parameters of the terrestrial wireless license(s) and at least 
one of either part 22, 24, or 27 of this chapter, as applicable.
    (2) An earth station may be used for the provision of SCS when:
    (i) The satellite operator licensed under Sec.  25.125 is a party 
to a valid and approved spectrum leasing arrangement or agreement 
pursuant to Sec.  1.9047 of this chapter with at least one terrestrial 
wireless licensee(s) licensed under one of either part 22, 24, or 27 of 
this chapter; and
    (ii) That terrestrial wireless licensee(s) has met and operates 
within all conditions associated with the relevant terrestrial wireless 
license(s).
    (3) A satellite operator authorized to provide SCS under Sec.  
25.125 is authorized under paragraph (q)(1) of this section to 
communicate with SCS earth stations for any period during which each of 
the following apply:
    (i) The service is provided during the valid duration of any 
spectrum leasing arrangement or agreement pursuant to Sec.  1.9047 of 
this chapter between the terrestrial wireless licensee(s) and satellite 
operator;
    (ii) The devices to which service is provided are certified under 
part 2 of this chapter; and
    (iii) The terrestrial wireless licensee(s) is a valid licensee(s) 
under part 22, 24, or 27 of this chapter.
    (4) A satellite operator with SCS authorization via a market access 
grant can avail itself of the provisions of this paragraph (q) but, in 
addition to the parameters established in paragraphs (q)(1) and (2) of 
this section, must also comply with any additional parameters included 
in the satellite operator's space station market access grant.
    (5) A satellite operator operating in conformance with the 
parameters established in this part does not need a separate earth 
station authorization for the provision of SCS under this part.

0
14. Effective May 30, 2024, amend Sec.  25.117 by adding paragraph (j) 
to read as follows:


Sec.  25.117  Modification of station license.

* * * * *
    (j) An application for modification of a space station 
authorization to provide SCS must comply with Sec.  25.125.

0
15. Effective May 30, 2024, add Sec.  25.125 to read as follows:


Sec.  25.125  Applications for supplemental coverage from space (SCS).

    (a) SCS entry criteria. This section applies only to applicants 
seeking to provide SCS. An applicant for SCS space station 
authorization must hold either an existing NGSO or GSO license or grant 
of U.S. market access under this part, or must be seeking a NGSO or GSO 
license or grant of U.S. market access under this part, and must have a 
lease arrangement(s) or agreement pursuant to Sec.  1.9047 of this 
chapter with one or more terrestrial wireless licensee(s) that hold, 
collectively or individually, all co-channel licenses throughout a GIA 
in a band identified in Sec.  2.106(d)(33)(i) of this chapter. 
Applicants for SCS space stations must comply with the requirements set 
forth in paragraph (b) of this section.
    (b) SCS space station application requirements. An applicant 
seeking a space station authorization to provide SCS must either submit 
an application requesting modification of a current NGSO or GSO license 
or grant of U.S. market access under this part, or an application 
seeking a new NGSO or GSO license or grant of U.S. market access under 
this part.
    (1)-(2) [Reserved]
    (3) Applications to modify an authorization under this part to 
provide SCS and applications seeking to provide SCS in the bands 
identified in Sec.  2.106(d)(33)(i) of this chapter will not be subject 
to the processing round procedures or first-come, first-served 
procedures in Sec. Sec.  25.137, 25.157, and 25.158.
    (c) [Reserved]
    (d) Effective date and continued operation of SCS authorization. 
SCS authorization will be deemed effective in the Commission's records 
and for purposes of the application of the rules set forth in this 
section after each of the following requirements is satisfied:
    (1) Grant of:
    (i) A modification application under this part or request for 
modification of a grant of market access; or
    (ii) An application to launch and operate or market access;

[[Page 34167]]

    (2) Approval of a leasing arrangement(s) or agreement(s) under part 
1 of this chapter (see Sec.  1.9047 of this chapter); and
    (3) Grant of a valid SCS earth station equipment certification 
under part 2 of this chapter.
    (e) SCS earth station equipment certification requirements. 
Applicants for certification for SCS earth stations for use with a 
satellite system must meet all requirements for equipment certification 
and equipment test data necessary to demonstrate compliance with 
pertinent standards under part 22, 24, or 27 of this chapter as 
applicable.

0
16. Delayed indefinitely, further amend Sec.  25.125 by adding 
paragraphs (b)(1) and (2) and (c) to read as follows:


Sec.  25.125  Applications for supplemental coverage from space (SCS).

* * * * *
    (b) * * *
    (1) The application must include a certification that:
    (i) A lease notification(s) or application(s), pursuant to Sec.  
1.9047 of this chapter, where a single terrestrial wireless licensee 
holds or multiple co-channel licensees collectively hold all co-channel 
licenses within the relevant GIA in the bands identified in Sec.  
2.106(d)(33)(i) of this chapter, or as it pertains to FirstNet, an 
agreement, is on file with the Commission;
    (ii) The current space station licensee under this part or grantee 
of market access for NGSO or GSO satellite operation under this part 
seeks modification of authority to provide SCS in the same geographic 
areas covered in the relevant GIA, or the applicant for a space station 
license under this part or grant of market access for NGSO or GSO 
satellite operation under this part seeks to provide SCS in the same 
geographic areas covered in the relevant GIA; and
    (iii) SCS earth stations will qualify as ``licensed by rule'' earth 
stations under Sec.  25.115(q).
    (2) The application must include a comprehensive proposal for the 
prospective SCS system on FCC Form 312, Main Form and Schedule S, as 
described in Sec.  25.114, together with the certification described in 
paragraph (b)(1) of this section and include a list of the file and 
identification numbers associated with the relevant leasing 
notification(s) under part 1 of this chapter, application(s), and FCC 
Form 601(s), with a brief description of the coverage areas that will 
be served, domestically and internationally.
* * * * *
    (c) Equipment authorization for SCS earth stations. Each SCS earth 
station used to provide SCS under this section must meet the equipment 
authorization requirements under paragraph (e) of this section and all 
equipment authorization requirements for all intended uses of the 
device pursuant to the procedures specified in part 2 of this chapter 
and the requirements of at least one of part 22, 24, or 27 of this 
chapter.
* * * * *

0
17. Effective May 30, 2024, amend Sec.  25.137 by revising paragraphs 
(b) and (f) to read as follows:


Sec.  25.137  Requests for U.S. market access through non-U.S.-licensed 
space stations.

* * * * *
    (b) Any request pursuant to paragraph (a) of this section must be 
filed electronically through the International Communications Filing 
System and must include an exhibit providing legal and technical 
information for the non-U.S.-licensed space station of the kind that 
Sec.  25.114, Sec.  25.122, Sec.  25.123, or Sec.  25.125 would require 
in a license application for that space station, including but not 
limited to information required to complete Schedule S. An applicant 
may satisfy the requirement in this paragraph (b) by cross-referencing 
a pending application containing the requisite information or by citing 
a prior grant of authority to communicate via the space station in 
question in the same frequency bands to provide the same type of 
service.
* * * * *
    (f) A non-U.S.-licensed space station operator that has been 
granted access to the United States market pursuant to a declaratory 
ruling may modify its U.S. operations under the procedures set forth in 
Sec. Sec.  25.117(d), (h), and (j) and 25.118(e).
* * * * *

0
18. Effective May 30, 2024, amend Sec.  25.161 by adding paragraph (e) 
to read as follows:


Sec.  25.161  Automatic termination of station authorization.

* * * * *
    (e) The failure to provide any SCS on all or some of the SCS 
authorized frequencies for more than 90 days. In this instance, the 
authorization will be terminated in whole or in part with respect to 
the relevant frequencies on which SCS has not been operational for more 
than 90 days in the United States, unless specific authority is 
requested.

0
19. Effective May 30, 2024, amend Sec.  25.202 by adding paragraph (k) 
read as follows:


Sec.  25.202  Frequencies, frequency tolerance, and emission limits.

* * * * *
    (k) Space station downlinks operating as SCS under the provisions 
of Sec.  25.125 and Sec.  2.106(d)(33)(i) of this chapter are subject 
to the following rules.
    (1) Out of band emission limits. Notwithstanding the emission 
limitations of paragraph (f) of this section, the aggregation of all 
space station downlink emissions outside a licensee's SCS frequency 
band(s) of operation shall not exceed a power flux density of -120 dBW/
m\2\/MHz at 1.5 meters above ground level.
    (2) Interference caused by out of band emissions. If any emission 
from a transmitter operating in the SCS service results in harmful 
interference to users of another radio service, the FCC may require a 
greater attenuation of the emission than specified in this section.

0
20. Effective May 30, 2024, amend Sec.  25.204 by revising the section 
heading and adding paragraph (g) to read as follows:


Sec.  25.204  Power and out-of-band emission limits for earth stations.

* * * * *
    (g) SCS earth stations providing SCS pursuant to Sec. Sec.  25.125 
and 25.115 shall comply with the power requirements and out-of-band 
emission limits corresponding to devices operating in part 22, 24, or 
27 of this chapter (e.g., Sec.  22.913, Sec.  24.232, or Sec.  27.50), 
as required for their operating frequencies.

0
21. Effective May 30, 2024, amend Sec.  25.208 by revising the section 
heading and adding paragraph (w) to read as follows:


Sec.  25.208  Power flux-density and in-band field strength limits.

* * * * *
    (w) The aggregate field strength at the earth's surface produced by 
all visible beams and satellites within each satellite constellation 
providing SCS service as they move over any given point or area in 
bands authorized by NG33A in the United States Table of Frequency 
Allocations and Sec.  25.125 must meet:
    (1) 40 dB[mu]V/m for the 600 MHz, 700 MHz, and 800 MHz bands; and
    (2) 47 d[mu]V/m for the AWS and PCS bands; and
    (3) Licensees must comply with all applicable provisions and 
requirements of treaties and other international agreements between the 
United States Government and the governments of other countries, 
including Canada and Mexico. Absent specific international agreements 
regarding SCS, licensees must comply with the limited provided

[[Page 34168]]

in paragraphs (w)(1) and (2) of this section.

[FR Doc. 2024-06669 Filed 4-29-24; 8:45 am]
 BILLING CODE 6712-01-P