Use of Spectrum Bands Above 24 GHz for Mobile Radio Services
| Published date | 13 May 2019 |
| Citation | 84 FR 20810 |
| Record Number | 2019-09426 |
| Section | Rules and Regulations |
| Court | Federal Communications Commission |
Federal Register, Volume 84 Issue 92 (Monday, May 13, 2019)
[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Rules and Regulations]
[Pages 20810-20820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09426]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2, 25, and 30
[GN Docket No. 14-177; FCC 19-30]
Use of Spectrum Bands Above 24 GHz for Mobile Radio Services
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) adopts rules for specific millimeter wave bands
above 24 GHz in the Fifth Report and Order. The Commission takes two
actions that continue its efforts to make available millimeter wave
(mmW) spectrum, at or above 24 GHz, for fifth-generation (5G) wireless,
Internet of Things, and other advanced spectrum-based services,
including satellite broadband services. First, the Commission
establishes rules to allow Fixed-Satellite Service (FSS) operators such
as satellite broadband service operators, to operate with individually
licensed earth stations transmitting in the 50.4-51.4 GHz band using
criteria identical to those applicable in the 24.75-25.25 GHz band.
Second, the Commission establishes a process for the Department of
Defense (Department) to operate on a shared basis in the Upper 37 GHz
band (37.6-38.6 GHz band) in limited circumstances.
DATES: Effective June 12, 2019.
FOR FURTHER INFORMATION CONTACT: John Schauble of the Wireless
Telecommunications Bureau, Broadband Division at (202) 418-0797 or
[email protected], Michael Ha of the office of Engineering and
Technology, Policy and Rules Division, at 202-418-2099 or
[email protected], or Jose Albuquerque of the International Bureau,
Satellite Division, at 202-418-2288 or [email protected]. For
information regarding the PRA information collection requirements
contained in this PRA, contact Cathy Williams, Office of Managing
Director, at (202) 418-2918 or [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Fifth
Report and Order GN Docket No. 14-177, FCC 19-30, adopted on April 12,
2019 and released on April 15, 2019. The complete text of this document
is available for public inspection and copying from 8 a.m. to 4:30 p.m.
Eastern Time (ET) Monday through Thursday or from 8 a.m. to 11:30 a.m.
ET on Fridays in the FCC Reference Information Center, 445 12th Street
SW, Room CY-A257, Washington, DC 20554. The complete text is available
on the Commission's website at https://docs.fcc.gov/public/attachments/FCC-19-30A1.pdf, or by using the search function on the ECFS web page
at http://www.fcc.gov/cgb/ecfs/. Alternative formats are available to
persons with disabilities by sending an email to [email protected] or by
calling the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (tty).
Final Regulatory Flexibility Analysis
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 this Fifth Report and Order on small
entities.
[[Page 20811]]
Paperwork Reduction Act
The requirements in revised Sec. 25.136 (e), (f), and (g)
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 information collection
requirements contained in this proceeding. This document will be
submitted to OMB for review under section 3507(d) of the PRA. In
addition, the Commission notes that, pursuant to the Small Business
Paperwork Relief Act of 2002, 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
might affect small businesses, which includes more businesses with
fewer than 25 employees, in the Final Regulatory Flexibility Analysis.
In the present document, the Commission has assessed the effects of its
filing requirements on satellite providers and finds that these
requirements will not impose undue burdens on businesses with fewer
than 25 employees. The filing requirements the Commission is imposing
are necessary to ensure that the proposed operations will comply with
the technical rules the Commission has established and not unduly
preclude possible future terrestrial operation in the band.
Congressional Review Act
The Commission will send a copy of the Fifth Report and Order,
including this FRFA, in a report to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see
U.S.C. 801(a)(1)(A).
In addition, the Commission will send a copy of the Fifth Report
and Order, including this FRFA, to the Chief Counsel for Advocacy of
the SBA. A copy of the Fifth Report and Order, and FRFA (or summaries
thereof) will also be published in the Federal Register.
I. Introduction
1. The Commission takes two actions that continues its efforts to
make available millimeter wave (mmW) spectrum, at or above 24 GHz, for
5G wireless, Internet of Things (IoT), and other advanced spectrum-
based services, including satellite broadband services. First, the
Commission establishes rules authorizing FSS operators such as
satellite broadband service operators, to license individual earth
stations in the 50.4-51.4 GHz band using criteria identical to those
applicable in the 24.75-25.25 GHz band. This action will allow FSS
operators to provide additional capacity that can be used to provide
faster and more advanced services to their customers. Second, the
Commission establishes a process for the Department of Defense
(Department) to operate on a shared basis in the Upper 37 GHz band
(37.6-38.6 GHz) in limited circumstances. This action will provide
certainty to potential applicants as the Commission begins the auction
process for the Upper 37 GHz band, the 39 GHz band (38.6-40 GHz band),
and the 47 GHz band (47.2-48.2 GHz) later this year.
II. Background
2. On June 8, 2018, the Commission released the Third Report &
Order (Third R&O), 83 FR 34478, Memorandum Opinion and Order (MO&O),
and Third Further Notice of Proposed Rulemaking (Third FNPRM), 83 FR
34520, in this proceeding. In relevant parts, the Third FNPRM proposed
permitting the licensing of individual FSS earth stations in the 50.4-
51.4 GHz band using criteria identical to those applicable in the
24.75-25.25 GHz band. With respect to the 37 GHz band, the Commission
noted that it had adopted rules that establish coordination zones for
14 military sites and three scientific sites identified by the National
Telecommunications and Information Administration (NTIA), and it sought
comment on ``on how best to accommodate coordination zones for future
Federal operations at a limited number of additional sites.'' In
contrast, for the Lower 37 GHz band, the Commission sought comment on a
proposed coordination mechanism and alternatives to facilitate co-equal
shared use of the Lower 37 GHz band between Federal and non-Federal
users, as well as among non-Federal users.
3. The 50.4-51.4 GHz band includes primary Federal and non-Federal
allocations for fixed and mobile services, as well as primary Federal
and non-Federal allocations for fixed-satellite (Earth-to-space) and
mobile satellite (Earth-to-space) services. In 1998, the Commission
designated the 50.4-51.4 GHz band for use by wireless (fixed and
mobile) services. In the Spectrum Frontiers FNPRM, 81 FR 79894, the
Commission proposed to authorize fixed and mobile operations throughout
the 50.4-52.6 GHz band in accordance with the part 30 Upper Microwave
Flexible Use Service (UMFUS) rules. The Commission also proposed to use
geographic area licensing to license UMFUS stations in the band on a
Partial Economic Area (PEA) basis and sought comment on sharing with
satellite services. The Commission received ten satellite applications
or market access requests and 20 earth station applications seeking to
use the existing FSS (Earth-to-space) allocation in the 50.4-51.4 GHz
band for delivery of broadband services.
4. In the Third FNPRM, the Commission proposed rules that would
permit licensing of individual FSS earth stations in the 50.4-51.4 GHz
band using criteria identical to those applicable in the 24.75-25.25
GHz band Specifically, the Commission proposed to apply the permitted
aggregate population limits within the specified earth station Power
Flux Density (PFD) contour on a per-county basis, similar to the
requirement in the 27.5-28.35 GHz band, and to adopt constraints on the
number of permitted earth stations on both a per county and a per PEA
basis. To reflect these requirements, the Commission proposed to modify
Sec. 25.136 of the Commission's rules to include the 50.4-51.4 GHz
band. The Commission also proposed to amend footnote NG65 to the U.S.
Table of Allocations to include the 50.4-51.4 GHz band, making clear
the relative interference protection obligations between the co-primary
services.
5. With respect to the Upper 37 GHz band, the entire 37 GHz band is
allocated to the fixed and mobile services on a primary basis for
Federal and non-Federal use. In the Spectrum Frontiers R&O, 81 FR
79894, the Commission made five decisions addressing the Federal and
non-Federal use of the band that are relevant here. First, it adopted
service rules to permit non-Federal fixed and mobile terrestrial
operation throughout the 37 GHz band. Second, it divided the band into
two segments: a lower band segment from 37.0-37.6 GHz (Lower 37 GHz
band) and an upper band segment from 37.6-38.6 GHz (Upper 37 GHz band).
Third, it made the Lower 37 GHz band available for coordinated co-
primary sharing between Federal and non-Federal users. Fourth, it
adopted rules to license the Upper 37 GHz band geographically by PEAs
in 200 megahertz channel blocks (but changed the band plan to 100
megahertz blocks in the Spectrum Frontiers Fourth R&O, 84 FR 1618).
Fifth, it established the coordination zones throughout the entire 37-
38.6 GHz band for the 14 military sites and three scientific sites
identified by NTIA. While the Commission noted that Federal agencies
[[Page 20812]]
still had the ability to add future sites on a coordinated basis, it
did not indicate how this could be done.
6. In the Third FNPRM, the Commission sought comment on how best to
accommodate coordination zones for future Federal operations at a
limited number of additional sites. The Commission asked whether it
should amend its rules to add more specific sites for Federal
operations, or whether it should establish a process that would permit
Federal entities in the future to identify a limited number of
additional sites on an as-needed basis. The Commission also asked
whether the coordination zones previously established in its rules
might be reduced to better accommodate nearby non-Federal operations
without adversely impacting Federal operations at those sites.
7. The Commission received 26 comments and 17 reply comments on the
Third FNPRM. A list of commenters, reply commenters, and parties filing
ex parte submissions relating to the issues are addressed in this Fifth
Report and Order. No petitions for reconsideration of the Third R&O
were filed.
III. Discussion
A. 50.4-51.4 GHz Band
8. AT&T, Boeing, EchoStar, SES, SpaceX, Telesat, TIA, and Viasat,
support licensing of individual FSS earth stations in the 50.4-51.4 GHz
band. Although not specifically opposed to the idea of allowing earth
stations to operate in the 50.4-51.4 GHz band, CTIA, Nokia, and T-
Mobile argue that it is premature to adopt rules for sharing between
terrestrial and FSS operations before UMFUS service rules are adopted.
They urge the Commission to adopt UMFUS service rules either first or
simultaneously. In contrast, most satellite operators, asserting that
there is no need to delay adopting FSS earth station sharing rules,
point to workability in other bands, imminent plans for 50.4-51.4 GHz
band satellite deployment, and the need to alleviate the current
regulatory uncertainty, which the operators describe as debilitating,
particularly given the high cost and long lead time involved in
designing and building next-generation satellites. EchoStar and Boeing
further encourage the Commission not only to swiftly adopt the proposed
rules, but also to proceed with processing pending earth station
applications in this band conditioned upon the outcome of the
proceeding.
9. With respect to the terms under which the 50.4-51.4 GHz band
would be made available for individually licensed earth stations, there
is a split between commenters who support using the same criteria
applicable in the 24.75-25.25 GHz band and those who ask the Commission
to adopt more permissive criteria. EchoStar, TIA, and AT&T support the
criteria contained in the Third FNPRM, which would allow up to three
earth station locations in a given county and a maximum of 15 earth
station locations in a given PEA. AT&T, in addition, expressly opposes
any relaxation in sharing criteria proposed in the Third FNPRM,
asserting a lack of evidence and justification for disturbing the
existing balance between services achieved by the rules introduced in
other bands. T-Mobile similarly cautions that the Commission should go
no further than the current sharing framework adopted for the 24 GHz
band, which it characterizes as a consistent approach across already
allocated bands. In contrast, Boeing, SES, SpaceX, and Telesat ask the
Commission to adopt more permissive or flexible sharing criteria than
the Commission proposed, and they assert that the shorter propagation
distances of the 50.4-51.4 GHz band make it suitable for more robust
sharing. Similarly, Viasat supports individual licensing of earth
stations in the 50.4-51.4 GHz band consistent with the more liberal
sharing framework applicable in the 47.2-48.2 GHz band, and it further
asks the Commission to clarify that smaller earth stations may be
permitted to operate in the 47.2-48.2 GHz and 50.4-51.4 GHz bands on a
secondary basis with respect to terrestrial services. Other parties
request that the Commission add an allocation for FSS in the 51.4-52.4
GHz band. CCA contends that the Commission should not adopt rules that
could prejudice future mobile use.
10. The Commission adopts its proposal to permit licensing of
individual FSS earth stations in the 50.4-51.4 GHz band using the
criteria the Commission adopted for the 24.75-25.25 GHz band. This
action will allow FSS operators to provide faster and more advanced
services to their customers. Under those criteria, there may be no more
than three earth stations in the 50.4-51.4 GHz band in a county and no
more than 15 earth stations in any PEA. The area in which the earth
station generates a PFD, at 10 meters above ground level, of greater
than or equal to -77.6 dBm/m\2\/MHz, together with the similar area of
any other earth station operating in the 50.4-51.4 GHz band in the same
county, may not cover, in the aggregate, more than the amount of
population specified below:
------------------------------------------------------------------------
Maximum permitted aggregate
Population within the County where population within - 77.6 dBm/
earth station is located m\2\/MHz PFD contour of earth
stations
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Greater than 450,000................... 0.1 percent of population in
county.
Between 6,000 and 450,000.............. 450 people.
Fewer than 6,000....................... 7.5 percent of population in
county.
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Furthermore, the area in which the earth station generates a PFD, at 10
meters above ground level, of greater than or equal to -77.6 dBm/m\2\/
MHz may not contain any major event venue, urban mass transit route,
passenger railroad, or cruise ship port. In addition, that area shall
not cross any of the following types of roads, as defined in functional
classification guidelines issued by the Federal Highway Administration:
Interstate, Other Freeways and Expressways, or Other Principal
Arterial.
11. Although the 50.4-52.6 GHz band remains under consideration for
UMFUS licensing, establishing UMFUS service rules will require us to
address issues concerning sharing with co-primary Federal services in
the 50.4-52.6 GHz band, as well as protection of passive services in
the adjacent 50.2-50.4 GHz and 52.6-54.25 GHz bands. In the meantime,
the Commission notes that a significant number of FSS operators seek to
license space stations and earth stations in the band. As in the case
of other bands shared between co-primary terrestrial and fixed-
satellite services, (e.g., 24.75-25.25 GHz, 37.5-40 GHz and 47.2-48.2
GHz), the Commission finds that, where an FSS allocation already exists
in the 50.4-51.4 GHz band, a limited number of individually licensed
FSS earth stations can share the 50.4-51.4 GHz band with minimal impact
on terrestrial operations in this band. Both the 24 GHz and 50 GHz
bands are satellite uplink bands. As in 24 GHz, the limits, the
Commission will impose on FSS earth stations in the 50 GHz band will
``better provide FSS
[[Page 20813]]
with additional capacity for satellite services while permitting
substantial terrestrial use of the band.'' Throughout this proceeding,
the Commission has sought to promote spectrum efficiency by permitting
spectrum made available for UMFUS to be shared with other allocated
services when possible. The Commission recognizes there are a
significant number of pending FSS earth station applications for the
50.4-51.4 GHz band. The Commission agrees that operators in this co-
primary service seeking to proceed with system development need this
degree of regulatory certainty and should not have to wait while the
more complex issues associated with UMFUS licensing are addressed and
resolved. Thus, the Commission adopts the proposed rules, which will
facilitate sharing between FSS and UMFUS, while the Commission
continues to consider the rules for terrestrial operations in the band.
12. At this time, the Commission will not adopt any of the various
proposals for increased flexibility for FSS earth station licensing.
The Commission recognizes the differences in propagation
characteristics between the 50 GHz band and lower frequency bands,\1\
but the Commission concludes that, prior to the adoption of UMFUS
licensing rules, it would be premature to extend FSS earth station
flexibility beyond the more conservative limits adopted in the 24.75-
25.25 GHz band. Accordingly, the Commission modifies Sec. 25.136 of
its rules to include the 50.4-51.4 GHz band, thereby applying the
identical licensing criteria to these FSS earth stations as are
applicable to those in the 24.75-25.25 GHz band. The Commission also
makes a minor conforming modification to Sec. 25.130(b)(4) to include
this newly modified rule section in the list of rule sections with
which FSS transmitting earth station applicants must comply when
seeking authorization in bands shared with UMFUS. In addition, the
Commission amends footnote NG65 to the U.S. Table of Allocations as
proposed to include the 50.4-51.4 GHz band, making clear the relative
interference protection obligations between the co-primary services.
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\1\ Radio signals in the 50 GHz band are more subject to
attenuation from oxygen and water vapor than signals in the 24 GHz
band. Thus, all other things being equal, radio signals in the 50
GHz band will not travel as far as signals in the 24 GHz band.
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B. Federal Sites in 37-38.6 GHz
13. In response to the Third FNPRM, NTIA, on behalf of the
Department, has identified one additional Federal site in the Upper 37
GHz band beyond the 14 military sites and three scientific sites
identified in the Commission's rules. Specifically, it requests a small
coordination zone around Edwards Air Force Base to the south of Federal
facilities in China Lake, California. In addition, NTIA requests the
conversion into a single area of the four overlapping coordination
zones currently listed in the Table under the China Lake site. NTIA
indicates that these changes would simplify the Table to ensure
sufficient protection is available for the Department's operations in
the China Lake coordination area, as well as ensuring sufficient
protection for nearby Edwards Air Force Base, without impacting any
Upper 37 GHz licensees' access to the surrounding population centers in
southern California. The Commission amends the Table to consolidate the
China Lake coordination zones and accommodate Edwards Air Force Base.
14. Further, the Department expects to deploy at additional sites
in the future, and the lower 37 GHz band (37.0-37.6 GHz) may not be
sufficient. Because of the Commission's forthcoming plans to auction
spectrum in this band before the end of the year and because failure to
address possible coordination with Federal users could create
uncertainty for potential non-Federal bidders in the auction for
spectrum in the Upper 37 GHz band, the Commission believes it's
critical to address these needs for coordination here.
15. The Commission recognizes that 5G and other advanced
technologies will support a wide variety of applications, including
applications that can be used by Federal users. Although the
Commission's rules identify the current military sites where licensees
would be required to coordinate within a distance of 30 kilometers, the
Department expects that there likely will be additional sites where it
will need to use the band, but the Department cannot specifically
identify these other locations at this time. Unlike the current sites
where non-Federal licensees must coordinate with the Department of
Defense, the Department seeks to coordinate its use of these additional
sites with non-Federal licensees.
16. Accordingly, the Commission establishes a process that
accommodates the military's needs, while protecting the interests of
non-Federal licensees in the Upper 37 GHz spectrum band. The Department
may submit requests for access to the Upper 37 GHz band for specific
additional military bases and ranges, for the purpose of defense
applications or national security. Such requests must include a
justification regarding why the proposed operations could not be
accommodated in the Lower 37 GHz band. The Department is willing to
limit its requests to operations that cannot be accommodated in the
Lower 37 GHz band. FCC staff will review the request to assess any
potential impact on non-Federal licensees, contacting the potentially
affected licensees and facilitating direct coordination with the
Department and NTIA (including establishing a mechanism for appropriate
notice to prospective future successors-in-interest to the affected
licensees). The FCC will determine whether the request for access can
be accommodated without creating a significant risk of harmful
interference to current or planned deployments by potentially affected
non-Federal licensees. NTIA would provide the applicable military
departments any new or revised frequency assignments that are
successfully coordinated. The Commission finds that this process
strikes a reasonable balance among the stakeholders.
17. The Commission recognizes the concerns of commenters that
increasing the number of Federal sites in the Upper 37 GHz band, or
establishing a process for future Federal sites that lacks sufficient
certainty, might negatively affect an auction of the Upper 37 GHz band
and the value of the spectrum. The Commission nonetheless finds that
the process it adopts here addresses the need for greater certainty for
bidders in an auction, especially given the technical characteristics
and expected deployments in the Upper 37 GHz band. First, requests by
the Department are likely to be relatively rare, as the Commission
anticipates that most such operations can be accommodated in the Lower
37 GHz band.\2\ Second, military use, if it cannot be accommodated in
the Lower 37 GHz band, will be limited to military bases and ranges,
for the purpose of defense applications or national security, and most
likely will be in remote areas. Third, the technical characteristics of
operations in this region of the spectrum, marked by high path losses
and use of advanced antennas and adaptive power control, can minimize
any significant impact on licensees' operations. Fourth, as noted
above, the FCC, after consultation with
[[Page 20814]]
potentially affected licensees, NTIA, and the Department, will
determine whether the request for access can be accommodated without
creating a significant risk of harmful interference to current or
planned deployments by potentially affected non-Federal licensees.
Although commenters suggest that the Department's needs can be
accommodated by secondary market transactions with non-Federal
licensees, the Commission does not find that it would be appropriate
for secondary markets to be the sole mechanism for addressing future
needs for defense and national security applications. Moreover, the
same argument that AT&T raises to support the likelihood of successful
Department negotiations on the secondary market--that the Department
already has the practical ability to control the deployment of
facilities on its military bases and ranges--also supports the
likelihood that, under the process described above, non-Federal
licensees could successfully negotiate coordination agreements with the
Department regarding access to the Upper 37 GHz band at such military
sites. Accordingly, the Commission believes that the process it
establishes will protect winning bidders from harmful interference
while enabling the Department to carry out operations in the Upper 37
GHz band for specific additional military sites on a limited basis.
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\2\ The Commission is continuing discussions with the Department
of Defense on how to effectuate usage of the Lower 37 GHz band, and
the Commission intends to take steps towards specifying rules for
sharing the band within three months, including exploring whether
giving priority access to military use of the 37.0-37.2 GHz band
would facilitate usage of the Lower 37 GHz band.
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18. The Commission disagrees with T-Mobile's assertion that the
process it establishes for coordination of future Department access to
the Upper 37 GHz band is inconsistent with the Administrative Procedure
Act. First, the Commission provided ample notice in the Third FNPRM for
its decisions. In the Third FNPRM, the Commission asked not only
whether it should amend its rules to add more specific sites for
Federal operations, but also whether it should establish a process that
would permit Federal entities in the future to identify a limited
number of additional sites on an as-needed basis. Second, T-Mobile's
assertion that the process the Commission adopts is arbitrary and
capricious is based on a description that does not match the process
its adopt in light of the record generated, and its need to balance
competing objectives under section 309(j) of the Act. The statutory
factors the Commission promotes here include, e.g., ``development and
rapid deployment of new technologies, products, and services for the
benefit of the public, including those residing in rural areas, without
administrative or judicial delays;'' and ``efficient and intensive use
of the electromagnetic spectrum . . . .'' T-Mobile claims that ``the
proposed process would not include any guidelines for the location or
number of additional military sites.'' However, the process the
Commission adopts is limited to specific locations, i.e., military
bases and ranges, limits requests solely for the purpose of defense
applications or national security, and only in those instances where
the Department can justify that its proposed operations cannot by
accommodated in the Lower 37 GHz band.
19. In addition, the Commission notes that the Department and the
wireless industry are working together to advance spectrum-based
technologies through various collaborative efforts, such as their
participation in the National Spectrum Consortium and engagement in the
Defense Advanced Research Projects Agency Spectrum Collaboration
Challenge. Further, the Department and the wireless industry are
working together to coordinate operations across many frequency bands,
such as in the 3.5 GHz band. The Commission anticipates that those
working relationships can facilitate successful coordination of
operations in the 37 GHz band.
IV. Final Regulatory Flexibility Analysis
20. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Third FNPRM released in June 2018 in this
proceeding. The Commission sought written public comment on the
proposals in the Third FNPRM, including comments on the IRFA. No
comments were filed addressing the IRFA. This present FRFA conforms to
the RFA.
A. Need for, and Objectives of, the Fifth Report and Order
21. In the Fifth Report and Order, the Commission authorizes FSS
use of the 50.4-51.4 GHz band for individually licensed earth stations,
which will allow FSS operators to provide additional capacity that can
be used to provide faster and more advanced services to their
customers. In authorizing FSS use of the 50.4-51.4 GHz band for
individually licensed earth stations, the Commission will apply the
licensing criteria it adopted for the 24.75-25.25 GHz band.
Accordingly, in the Fifth Report and Order the Commission modify Sec.
25.136 of its rules to include the 50.4-51.4 GHz band and make a minor
conforming modification to Sec. 25.130(b)(4) to include this newly
modified rule section in the list of rules sections that FSS
transmitting earth station applicants must comply with when seeking
authorization in bands shared with UMFUS. Additionally, the Commission
amends footnote NG65 to the U.S. Table of Allocations as proposed to
include the 50.4-51.4 GHz band, making clear the relative interference
protection obligations between the co-primary services.
22. With regard to Federal use in the 37 GHz band, the Commission
establishes a process that accommodates the military's needs, while
protecting the interests of non-Federal licensees in the Upper 37 GHz
spectrum band. The Department may submit requests for access to the
Upper 37 GHz band for specific additional military sites, such as
military bases and ranges. Such requests must include a justification
regarding why the proposed operations could not be accommodated in the
Lower 37 GHz band. The FCC will review the request to assess any
potential impact on non-Federal licensees, contacting the potentially
affected licensees and facilitating direct coordination with the
Department and NTIA (including establishing a mechanism for appropriate
notice to prospective future successors-in-interest to the affected
licensees). The FCC will determine whether the request for access can
be accommodated without creating a significant risk of harmful
interference to current or planned deployments by potentially affected
non-Federal licensees. This action will accommodate military needs
while providing certainty to potential applicants as the Commission
begins the auction process for the Upper 37 GHz band, the 39 GHz band
(38.6-40 GHz band), and the 47 GHz band (47.2-48.2 GHz) later this
year.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
23. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
24. 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.
[[Page 20815]]
25. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
26. The RFA requires the Commission to describe and to estimate 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.
27. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. The Commission actions, over time, may affect small
entities that are not easily categorized at present. The Commission
therefore describes here, at the outset, three broad groups of small
entities that could be directly affected herein. First, while there are
industry specific size standards for small businesses that are used in
the regulatory flexibility analysis, according to data from the SBA's
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 28.8 million businesses.
28. 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.''
Nationwide, as of August 2016, there were approximately 356,494 small
organizations based on registration and tax data filed by nonprofits
with the Internal Revenue Service (IRS).
29. 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 2012 Census of Governments indicate that there
were 90,056 local governmental jurisdictions consisting of general
purpose governments and special purpose governments in the United
States. Of this number there were 37,132 General purpose governments
(county, municipal and town or township) with populations of less than
50,000 and 12,184 Special purpose governments (independent school
districts and special districts) with populations of less than 50,000.
The 2012 U.S. Census Bureau data for most types of governments in the
local government category show that the majority of these governments
have populations of less than 50,000. Based on this data the Commission
estimates that at least 49,316 local government jurisdictions fall in
the category of ``small governmental jurisdictions.''
30. 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
appropriate size standard under SBA rules is that such a business is
small if it has 1,500 or fewer employees. For this industry, U.S.
Census Bureau data for 2012 show that there were 967 firms that
operated for the entire year. Of this total, 955 firms had employment
of 999 or fewer employees and 12 had employment of 1,000 employees or
more. Thus, under this category and the associated size standard, the
Commission estimates that the majority of wireless telecommunications
carriers (except satellite) are small entities.
31. Fixed Microwave Services. Microwave services include common
carrier, private-operational fixed, and broadcast auxiliary radio
services. They also include the UMFUS, the mmW service, Local
Multipoint Distribution Service (LMDS), the Digital Electronic Message
Service (DEMS), and the 24 GHz Service, where licensees can choose
between common carrier and non-common carrier status. At present, there
are approximately 66,680 common carrier fixed licensees, 69,360 private
and public safety operational-fixed licensees, 20,150 broadcast
auxiliary radio licensees, 411 LMDS licenses, 33 24 GHz DEMS licenses,
777 39 GHz licenses, and five 24 GHz licensees, and 467 mmW licenses in
the microwave services. The Commission has not yet defined a small
business with respect to microwave services. The closest applicable SBA
category is Wireless Telecommunications Carriers (except Satellite) and
the appropriate size standard for this category under SBA rules is that
such a business is small if it has 1,500 or fewer employees. For this
industry, U.S. Census Bureau data for 2012 shows that there were 967
firms that operated for the entire year. Of this total, 955 had
employment of 999 or fewer, and 12 firms had employment of 1,000
employees or more. Thus, under this SBA category and the associated
standard, the Commission estimates that the majority of fixed microwave
service licensees can be considered small.
32. The Commission does not have data specifying the number of
these licensees that have more than 1,500 employees, and thus is unable
at this time to estimate with greater precision the number of fixed
microwave service licensees that would qualify as small business
concerns under the SBA's small business size standard. Consequently,
the Commission estimates that there are up to 36,708 common carrier
fixed licensees and up to 59,291 private operational-fixed licensees
and broadcast auxiliary radio licensees in the microwave services that
may be small and may be affected by the rules and policies adopted
herein. The Commission notes, however, that both the common carrier
microwave fixed, and the private operational microwave fixed licensee
categories includes some large entities.
33. Satellite Telecommunications. This category 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 category has a small business size standard of
$32.5 million or less in average annual receipts, under SBA rules. For
this category, U.S. Census Bureau data for 2012 shows that there were a
total of 333 firms that operated for the entire year. Of this total,
299 firms had annual receipts of less than $25 million. Consequently,
the Commission estimates that the majority of satellite
telecommunications providers are small entities.
34. All Other Telecommunications. The ``All Other
Telecommunications'' category 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
[[Page 20816]]
telecommunications to, and receiving telecommunications from, satellite
systems. Establishments providing internet services or voice over
internet protocol (VoIP) services via client-supplied
telecommunications connections are also included in this industry.''
The SBA has developed a small business size standard for ``All Other
Telecommunications,'' which consists of all such firms with gross
annual receipts of $32.5 million or less. For this category, U.S.
Census Bureau data for 2012 shows that there were a total of 1,442
firms that operated for the entire year. Of these firms, a total of
1400 firms had gross annual receipts of under $25 million and 42 firms
had gross annual receipts of $25 million to $49, 999,999. Thus, the
Commission estimates that a majority of ``All Other
Telecommunications'' firms potentially affected by its actions can be
considered small.
35. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' The SBA has established a size standard for
this industry of 1,250 employees or less. U.S. Census Bureau data for
2012 shows that 841 establishments operated in this industry in that
year. Of that number, 828 establishments operated with fewer than 1,000
employees, 7 establishments operated with between 1,000 and 2,499
employees and 6 establishments operated with 2,500 or more employees.
Based on this data, the Commission concludes that a majority of
manufacturers in this industry is small.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
36. The Commission expects the rules adopted in the Fifth Report
and Order will impose new or additional reporting or recordkeeping and/
or other compliance obligations on small entities as well as other
applicants and licensees. FSS earth station applicants and licensees in
the 50.4-51.4 GHz band will be subject to the reporting, recordkeeping,
and compliance requirements applicable in the 24.75-25.25 GHz band.
When they submit applications for authority to operate earth stations
in the 50.4-51.4 GHz band, they will be required to demonstrate that
the proposed earth stations comply with technical criteria designed to
ensure that the earth stations would not unduly limit possible future
terrestrial service. These demands are necessary to ensure that the
proposed operations will comply with the technical rules, and not
unduly preclude possible future terrestrial operation in the band and
will require small businesses as well as other entities that intend to
offer such satellite telecommunications services to use professional,
accounting, engineering or survey services in order to meet these
requirements. To attain consistency with the existing application of
the Commission's rules, the reporting, recordkeeping, and other
compliance requirements resulting from the Commission's actions in the
Fifth Report and Order will apply to all entities in the same manner.
F. Steps Taken to Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
37. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its approach, which may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.
38. Rather than creating a new framework for the licensing of FSS
earth stations in the 50.4-51.4 GHz band, the Commission chose to apply
the identical licensing criteria applicable to the 24.75-25.25 GHz band
and adopt existing rule sections that FSS transmitting earth station
applicants must comply with when seeking authorization in bands shared
with UMFUS. These steps will minimize the significant economic impact
on small entities by not increasing the cost of compliance with an
entirely new set of rules and regulations. Moreover, to the extent an
entity is already licensed and operating the 24.75-25.25 GHz band, they
may have the processes and procedures and infrastructure in place to
facilitate compliance with the Commission's rules, and therefore may
only incur minimal incremental costs to comply with the rules adopted
for the 50.4-51.4 GHz band.
V. Ordering Clauses
39. Accordingly, it is ordered, pursuant to sections 1, 2, 3, 4, 5,
7, 301, 302, 302a, 303, 304, 307, 309, and 310 of the Communications
Act of 1934, 47 U.S.C. 151, 152, 153, 154, 155, 157, 301, 302, 302a,
303, 304, 307, 309, and 310, section 706 of the Telecommunications Act
of 1996, as amended, 47 U.S.C. 1302, and Sec. 1.411 of the
Commission's Rules, 47 CFR 1.411, that this Fifth Report and Order is
hereby adopted.
40. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Fifth Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
41. It is further ordered that the amendments of the Commission's
rules as set forth under Final Rules are adopted, effective thirty days
from the date of publication in the Federal Register. Section
25.136(e), (f), and (g) contain new or modified information collection
requirements that require review by OMB under the PRA. The Commission
directs the Bureau to announce the compliance date for those
information collections in a document published in the Federal Register
after OMB approval and directs the Bureau to cause Sec. 25.136(h) to
be revised accordingly.
List of Subjects in 47 CFR Parts 2, 25 and 30
Communications common carriers, Communications equipment, Reporting
and recordkeeping requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 2, 25 and 30 as follows:
[[Page 20817]]
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
0
2. In Sec. 2.106, the Table of Frequency Allocations is amended as
follows:
0
a. Revise page 60.
0
b. In the list of non-Federal Government (NG) Footnotes, footnote NG65
is revised.
The revisions read as follows:
Sec. 2.106 Table of Frequency Allocations.
[[Page 20818]]
[GRAPHIC] [TIFF OMITTED] TR13MY19.022
[[Page 20819]]
Non-Federal Government (NG) Footnotes
* * * * *
NG65 In the bands 24.75-25.25 GHz, 47.2-48.2 GHz, and 50.4-51.4
GHz, stations in the fixed and mobile services may not claim protection
from individually licensed earth stations authorized pursuant to 47 CFR
25.136. However, nothing in this footnote shall limit the right of
Upper Microwave Flexible Use Service licensees to operate in
conformance with the technical rules contained in 47 CFR part 30. The
Commission reserves the right to monitor developments and to undertake
further action concerning interference between Upper Microwave Flexible
Use Service and Fixed-Satellite Service, including aggregate
interference to satellite receivers, if appropriate.
* * * * *
PART 25--SATELLITE COMMUNICATIONS
0
3. 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.
0
4. Amend Sec. 25.130 by revising paragraph (b)(4) to read as follows:
Sec. 25.130 Filing requirements for transmitting earth stations.
* * * * *
(b) * * *
(4) Applicants for earth stations licensed in accordance with Sec.
25.136 must demonstrate that the transmitting earth stations will meet
the relevant criteria specified in that section, including any showings
required under Sec. 25.136(a)(4), (c), (d)(4), and/or (e)(4).
* * * * *
0
5. Amend Sec. 25.136 by:
0
a. Revising the section heading;
0
b. In paragraph (c)(2), removing ``table 1'' and ``Table 1'' and adding
in their place ``table 2'' and ``Table 2'', respectively;
0
c. In paragraph (d)(4)(ii), removing ``table 1'' and ``Table 1'' and
adding in their place ``table 3'' and ``Table 3'', respectively;
0
d. Revising paragraphs (e), (f), and (g); and
0
e. Adding paragraph (h).
The revisions and addition read as follows:
Sec. 25.136 Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz,
37.5-40 GHz, 47.2-48.2, GHz and 50.4-51.4 GHz bands.
* * * * *
(e) Notwithstanding that FSS is co-primary with the Upper Microwave
Flexible Use Service in the 24.75-25.25 GHz and 50.4-51.4 GHz bands,
earth stations in these bands shall be limited to individually licensed
earth stations. An applicant for a license for a transmitting earth
station in the 24.75-25.25 GHz or 50.4-51.4 GHz band must meet one of
the following criteria to be authorized to operate without providing
any additional interference protection to stations in the Upper
Microwave Flexible Use Service:
(1) The FSS licensee also holds the relevant Upper Microwave
Flexible Use Service license(s) for the area in which the earth station
generates a power flux density (PFD), at 10 meters above ground level,
of greater than or equal to -77.6dBm/m\2\/MHz;
(2) The earth station in the 24.75-25.25 GHz band was authorized
prior to August 20, 2018; or the earth station in the 50.4-51.4 GHz
band was authorized prior to June 12, 2019; or
(3) The application for the earth station in the 24.75-25.25 GHz
band was filed prior to August 20, 2018; or the application for the
earth station in the 50.4-51.4 GHz band was filed prior to June 12,
2019; or
(4) The applicant demonstrates compliance with all of the following
criteria in its application:
(i) There are no more than two other authorized earth stations
operating in the same frequency band within the county where the
proposed earth station is located that meet the criteria contained in
either paragraph (e)(1), (2), (3), or (4) of this section, and there
are no more than 14 other authorized earth stations operating in the
same frequency band within the Partial Economic Area where the proposed
earth station is located that meet the criteria contained in paragraph
(e)(1), (2), (3), or (4) of this section. For purposes of the
requirement in this paragraph (e)(4), multiple earth stations that are
collocated with or at a location contiguous to each other shall be
considered as one earth station;
(ii) The area in which the earth station generates a power flux
density (PFD), at 10 meters above ground level, of greater than or
equal to -77.6 dBm/m\2\/MHz, together with the similar area of any
other earth station operating in the same frequency band authorized
pursuant to paragraph (e) of this section, does not cover, in the
aggregate, more than the amount of population of the county within
which the earth station is located as noted in table 4 to this
paragraph (e)(4)(ii):
Table 4 to Paragraph (e)(4)(ii)
------------------------------------------------------------------------
Maximum permitted aggregate
Population within the County where population within -77.6 dBm/
earth station is located m\2\/MHz PFD contour of earth
stations
------------------------------------------------------------------------
Greater than 450,000................... 0.1 percent of population in
county.
Between 6,000 and 450,000.............. 450 people.
Fewer than 6,000....................... 7.5 percent of population in
county.
------------------------------------------------------------------------
(iii) The area in which the earth station generates a PFD, at 10
meters above ground level, of greater than or equal to -77.6 dBm/m2/MHz
does not contain any major event venue, urban mass transit route,
passenger railroad, or cruise ship port. In addition, the area
mentioned in paragraph (e)(4)(ii) of this section shall not cross any
of the following types of roads, as defined in functional
classification guidelines issued by the Federal Highway Administration
pursuant to 23 CFR 470.105(b): Interstate, Other Freeways and
Expressways, or Other Principal Arterial. The Federal Highway
Administration Office of Planning, Environment, and Realty Executive
Geographic Information System (HEPGIS) map contains information on the
classification of roads. For purposes of this paragraph (e)(4), an
urban area shall be an Adjusted Urban Area as defined in section
101(a)(37) of Title 21 of the United States Code; and
(iv) The applicant has successfully completed frequency
coordination with the UMFUS licensees within the area in which the
earth station generates a PFD, at 10 meters above ground level, of
greater than or equal to -77.6 dBm/m2/MHz with respect to existing
facilities constructed and in operation by the UMFUS licensee. In
coordinating with UMFUS licensees, the applicant shall use the
applicable processes contained in Sec. 101.103(d) of this chapter.
[[Page 20820]]
(f) If an earth station applicant or licensee in the 24.75-25.25
GHz, 27.5-28.35 GHz, 37.5-40 GHz, 47.2-48.2 GHz and/or 50.4-51.4 GHz
bands enters into an agreement with an UMFUS licensee, their operations
shall be governed by that agreement, except to the extent that the
agreement is inconsistent with the Commission's rules or the
Communications Act.
(g) Any earth station authorizations issued pursuant to paragraph
(a)(4), (c), (d)(4), or (e)(4) of this section shall be conditioned
upon operation being in compliance with the criteria contained in the
applicable paragraph.
(h) Paragraphs (e), (f), and (g) of this section contain new or
modified information-collection and recordkeeping requirements.
Compliance with these information-collection and recordkeeping
requirements will not be required until after approval by the Office of
Management and Budget. The Commission will publish a document in the
Federal Register announcing that compliance date and revising this
paragraph (h) accordingly.
PART 30--UPPER MICROWAVE FLEXIBLE USE SERVICE
0
5. The authority citation for part 30 is revised to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 303, 304, 307,
309, 310, 316, 332, 1302, unless otherwise noted.
0
6. Amend Sec. 30.205 by:
0
a. Designating the table in paragraph (b) as table 4;
0
b. In newly designated table 4 to paragraph (b), revising the entry for
``China Lake, CA'' and adding an entry for ``Edwards AFB, CA''
immediately following the entry for ``White Sands Missile Range, NM'';
and
0
c. Adding paragraph (c).
The revisions and additions read as follows:
Sec. 30.205 Federal coordination requirements.
* * * * *
(b) * * *
Table 4 to Paragraph (b)--Coordination Areas for Federal Terrestrial Systems
----------------------------------------------------------------------------------------------------------------
Location Agency Coordination area (decimal degrees)
----------------------------------------------------------------------------------------------------------------
China Lake, CA..................... Navy................................. 50 kilometer radius centered on
latitude 35.614781 and longitude -
117.454309.
* * * * * * *
Edwards AFB, CA.................... Air Force............................ 20 kilometer radius centered on
latitude 34.922905 and longitude -
117.891219.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(c) In addition to the locations listed in table 4 to paragraph (b)
of this section, requests may be submitted to the Commission for access
to the 37.6-38.6 GHz band for specific additional military bases and
ranges for the purpose of defense applications or national security
when the proposed military operations cannot be accommodated in the 37-
37.6 GHz band.
[FR Doc. 2019-09426 Filed 5-10-19; 8:45 am]
BILLING CODE 6712-01-P
