Wireless Telecommunication Bureau Seeks To Supplement the Record on 70/80/90 GHz Bands Notice of Proposed Rulemaking
| Published date | 02 November 2021 |
| Citation | 86 FR 60436 |
| Record Number | 2021-23712 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
60436
Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules
20
Final Rule, Approval and Promulgation of State
Implementation Plan Revisions; Colorado;
Attainment Demonstration for the 2008 8-Hour
Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, and Approval of
Related Revisions, 83 FR 31068 (July 3, 2018).
CFR 51.165.
20
The EPA is proposing to
approve Colorado’s certification that the
SIP-approved New Source Review
permitting requirements in Regulation
3, Part D of the CCR meet the
requirements located in 40 CFR 51.1314
and 40 CFR 51.165.
III. Proposed Action
We are proposing to approve the
NNSR Permit Program certification
provided in Colorado’s SIP revision.
The certified NNSR Permit Program was
prepared in accordance with
requirements of sections 172(c)(5) and
173 of the CAA and fulfills the specific
minimum SIP requirements of 40 CFR
51.165. The EPA is soliciting public
comments on the issues discussed in
this document. These comments will be
considered before taking final action.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
•Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
•Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
•Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
•Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
•Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
•Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
•Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
•Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
•Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021–23876 Filed 11–1–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2 and 101
[WT Docket No. 20–133; DA 21–1263; FR
ID 55689]
Wireless Telecommunication Bureau
Seeks To Supplement the Record on
70/80/90 GHz Bands Notice of
Proposed Rulemaking
AGENCY
: Federal Communications
Commission.
ACTION
: Proposed rule; request for
comments.
SUMMARY
: In this document, the
Commission seeks comment to
supplement the record in the
rulemaking on a Notice of Proposed
Rulemaking to address the potential for
use of the 71–76 GHz, 81–86 GHz, 92–
94 GHz, and the 94.1–95 GHz (70/80/90
GHz) bands to provide broadband
internet access to consumers and
communities that may otherwise lack
robust, consistent connectivity. In
particular, the Commission seeks
comment on whether High Altitude
Platform Stations (HAPS) or other
stratospheric-based platform services
could be deployed for this purpose in
the 70/80/90 GHz bands. The
Commission also seeks additional
information regarding the potential use
of these bands to provide broadband
internet access to customers on
airplanes and aboard ships, as proposed
by Aeronet Global Communications,
Inc.
DATES
: Submit comments on or before
December 2, 2021. Submit reply
comments on or before January 3, 2022.
ADDRESSES
: You may submit comments,
identified by WT Docket No. 20–133, by
any of the following methods:
•Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: www.fcc.gov/ecfs/.
•Paper Filers: Parties that choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
•Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
•U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
•Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, 35 FCC Rcd 2788 (2020). https://
www.fcc.gov/document/fcc-closes-
headquarters-open-window-and-
changes-hand-delivery-policy.
People with Disabilities. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules
1
47 CFR 2.106. See also 70/80/90 GHz NPRM at
6040–41, para. 2. The adjacent 76–81 GHz band is
allocated for, among other uses, Radiolocation and
licensed by rule under subpart M of part 95 (The
76–81 GHz Band Radar Service), which ‘‘may
operate as vehicular radars, or as fixed or mobile
radars in airport air operations areas, including but
not limited to [foreign object debris] detection
radars and aircraft-mounted radars for ground use.’’
47 CFR 95.3331. The adjacent 86–92 GHz band is
allocated for Earth Exploration-Satellite (passive),
Space Research (passive), and Radio Astronomy
services. See, e.g., id., 70/80/90 GHz NPRM citing
47 CFR 2.106 nn.US246, US74.
2
70/80/90 GHz NPRM at 6043–44, para. 7 (citing
Aeronet Aviation Petition; Aeronet Maritime
Petition).
3
70/80/90 GHz NPRM at 6059, para. 51.
4
The Commission notes that there are other
issues raised by the 70/80/90 GHz NPRM and
subsequent record, such as changes to antenna
standards and the link registration process, that the
Commission does not address here. These issues
remain under consideration by the Commission.
5
47 CFR 2.1(c). See also RR 1.66A (‘‘high altitude
platform station: A station located on an object at
an altitude of 20 to 50 km and at a specified,
nominal, fixed point relative to the Earth.’’). The
Commission notes that the Elefante Group in 2018
sought Commission authorization to operate a
stratospheric-based broadband service using
platform stations operating just below the 20 km
threshold set for HAPS. See Petition for Rulemaking
of Elefante Group, Inc., RM–11809 (filed May 31,
2018). See also Elefante Group Inc.’s Petition for
Rulemaking to Enable Timely Deployment of Fixed
Stratospheric-Based Communications Services in
the 21.5–23.6, 25.25–27.5, 71–76 and 81–86 GHz
Bands, Report No. 3093, CG RM–11809 (2018).
6
Spectrum for HAPS in the frequency bands 47/
48 GHz, 2 GHz, 27/31 GHz and 6 GHz was
designated at three WRCs—WRC–97, WRC–2000
and WRC–12. After study for WRC–19, additional
spectrum was identified: 31–31.3 GHz and 38–39.5
GHz globally, and in Region 2 (including U.S.),
21.4–22 GHz and 24.25–27.5 GHz.
7
The Commission notes that several advocates
for HAPS are no longer pursuing their planned
operations. See Paresh Dave, Alphabet Shutting
Loon, Which Used Balloon Alternative to Cell
Towers, Reuters (Jan. 21, 2021) https://
www.reuters.com/article/us-alphabet-loon/
alphabet-shutting-loon-which-used-balloon-
alternative-to-cell-towers-idUSKBN29R02U; Adam
Satariano, Facebook Halts Aquila, Its internet Drone
Project, New York Times (June 27, 2018) https://
www.nytimes.com/2018/06/27/technology/
facebook-drone-internet.html; Elefante Comments
at 2 (‘‘Due to unforeseen developments, Elefante
Group is unable to state with certainty its ability at
this time to advance its mission consistent with the
vision set out in the Elefante Group Petition.
Nonetheless, Elefante Group submits that the
Commission should strive to preserve maximum
flexibility and opportunities in its regulatory
framework for the 70/80 GHz Bands.’’).
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
FOR FURTHER INFORMATION CONTACT
:
Anthony Patrone, Broadband Division,
Wireless Telecommunications Bureau,
(202) 418–2428, Anthony.Patrone@
FCC.gov. For information regarding the
PRA information collection
requirements that may be contained in
this proposed rule, contact Cathy
Williams, Office of Managing Director,
at (202) 418–2918 or Cathy.Williams@
fcc.gov.
SUPPLEMENTARY INFORMATION
: This is a
summary of the Commission’s
document (Public Notice), in WT Docket
No. 20–133; DA 21–1263, released on
October 8, 2021. The full text of this
document is available on the
Commission’s website at https://
docs.fcc.gov/public/attachments/DA-21-
1263A1.pdf. This document seeks to
supplement the record of the
Commission’s Notice of Proposed
Rulemaking (NPRM), Modernizing and
Expanding Access, 85 FR 40168, July 6,
2020, to the 70/80/90 GHz Bands, WT
Docket Nos. 20–133; 10–153, 15–244;
FCC 20–76; RMs–11824, 11825, adopted
June 9, 2020, and released June 10,
2020. The NPRM may also be
downloaded https://docs.fcc.gov/public/
attachments/FCC-20-76A1.pdf.
Synopsis
I. Background
1. As described in greater detail in the
70/80/90 GHz NPRM (85 FR 40168, July
6, 2020), in the United States, the 70/80/
90 GHz bands are allocated on a co-
primary basis for Federal and non-
Federal use, variously for terrestrial,
satellite, radio astronomy and
radiolocation uses.
1
In 2003, the
Commission established a two-step,
non-exclusive licensing regime for non-
Federal use of the 70/80/90 GHz bands.
Users must first obtain a nationwide,
non-exclusive license from the
Commission, and then register
individual links through a third-party
database manager. Non-Federal
licensees may use the 70/80/90 GHz
bands for any point-to-point, non-
broadcast service.
2. In June 2020, the Commission
adopted the 70/80/90 GHz NPRM,
which sought comment on potential
rule changes for non-Federal uses of the
bands proposed by interested parties.
Certain of these proposals, such as
changes to antenna standards and link
registration processes, were aimed at
improving efficiency in traditional uses
of the bands, such as wireless backhaul.
Other inquiries contemplated use of the
bands for new service offerings, such as
Aeronet’s proposals that the
Commission authorize point-to-point
links to endpoints in motion to facilitate
broadband service to ships and aircraft,
provided that they do not cause
interference to other authorized uses.
2
The Commission also sought comment
on whether the 70/80/90 GHz bands
could accommodate other types of
services, such as High Altitude Platform
Stations (HAPS) or similar services.
3
In
the record received in response to the
70/80/90 GHz NPRM, several
commenters expressed support for the
provision of new services in these
bands, including bringing broadband
internet access capabilities to areas
where such access may not be
consistently available. Other parties
have expressed concerns about the
introduction of new services in the
bands.
II. Discussion
3. In this document, the Commission
provides an opportunity for commenters
to supplement the record regarding the
provision of new services in the 70/80/
90 GHz bands.
4
In particular, the
Commission is interested in the
feasibility of permitting HAPS or other
stratospheric-based platform services in
these bands and the Commission seeks
comment on coordinating with
incumbents in the band. The
Commission’s rules define a ‘‘High
Altitude Platform Station’’ as ‘‘[a]
station located on an object at an
altitude of 20 to 50 km and at a
specified, nominal, fixed point relative
to the Earth.’’
5
4. The Commission seeks further
input on whether it should consider
authorizing HAPS or other
stratospheric-based platform services in
any portion of the 70/80/90 GHz bands.
6
How would HAPS be used in these
bands? What sort of services would be
provided or supported by these
systems? The Commission also seeks
comments on whether HAPS or other
stratospheric-based platform services
are likely to be commercially viable.
7
Alternatively, are stratospheric-based
platform services likely to be developed
to support non-commercial use, either
for private, not-for-profit uses, or in
support of local, state, or Federal
governments?
5. The Commission also seeks
comments on the potential for HAPS, or
other stratospheric-based platform
services, to cause harmful interference
to incumbent or potential future
services in these, or adjacent, bands
including both terrestrial and satellite
operations. Advocates for HAPS or
similar services assert that they can
coexist with incumbent users of the 70
GHz and 80 GHz bands and should be
allowed to use these bands without an
arbitrary ceiling, e.g., 50,000 feet, for
nominally fixed or antennas in motion.
If the Commission authorizes HAPS or
other stratospheric-based platform
services in these bands, are there any
limitations or restrictions on the
deployment of such services that the
Commission should impose in order to
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Proposed Rules
guard against the potential for
interference into incumbent operations,
such as altitude restrictions, power
limits, transmitter design
considerations, directional constraints,
additional emission limits, or other
requirements, including new or revised
coordination requirements? To aid other
stakeholders in the bands, and the
adjacent bands, to evaluate potential
interference concerns and submit their
own analyses, the Commission also
seeks specific information about
anticipated stratospheric-based platform
system operating parameters including
transmission direction, deployment
densities, earth station elevation angles,
station heights, antenna characteristics
(e.g., antenna polarization, antenna
pattern mask), station Equivalent
Isotropically Radiated Power (EIRP),
and operating bandwidths (including
out-of-band performance).
6. In the 70/80/90 GHz NPRM, the
Commission also sought comment on
the international coordination
implications of the services proposed.
The Wireless Telecommunication
Bureau now specifically seeks comment
on any international implications
related to HAPS or other stratospheric-
based platform services in the 70/80/90
GHz bands.
7. If the Commission does authorize
HAPS or other stratospheric-based
services in some or all of the 70/80/90
GHz bands, what service rules should
apply? Could these new services be
registered and coordinated through the
existing third-party database manager
process? The Commission seeks
comments on what changes to the
registration and coordination process
would be necessary to facilitate the
deployment of HAPS or other
stratospheric-based services. The
current 70/80/90 GHz coordination
process only considers fixed systems. If
HAPS is authorized, should it be limited
to nominally fixed stations?
8. Relatedly, the Commission also
seeks to further develop the record on
Aeronet’s proposal to permit the use of
‘‘Scheduled Dynamic Datalinks’’
(SDDLs). In the 70/80/90 GHz NPRM,
the Commission sought comment on
how links to endpoints-in-motion could
affect existing services in the 70/80/90
GHz bands. Several commenters filed
comments and technical analyses
supporting Aeronet’s proposals, while
several commenters express concern
about potential interference to
incumbents. In view of the concerns
expressed, the Commission seeks
further detailed technical studies
demonstrating that deployment of
SDDLs would not cause harmful
interference to incumbents, co-primary
users, adjacent band uses or potential
future uses of the band, including FS,
FSS, HAPS or other stratospheric-based
platform services, and the adjacent band
EESS (passive) and radio astronomy
operations. To aid other stakeholders in
the bands, and the adjacent bands, to
evaluate potential interference concerns
and submit their own analyses, the
Commission also seeks specific
information about anticipated SDDL
system operating parameters, including
station heights, antenna characteristics
(e.g., antenna polarization, antenna
pattern mask), station EIRP, operating
bandwidths (including out-of-band
performance), and ground station gains.
In this context, the Commission notes
that on October 4, 2021, Aeronet filed a
coexistence analysis of its proposed
SDDL system and the Space X satellite
system. The Commission seeks
comments on this filing, including the
extent to which it addresses the
questions raised in this paragraph and
related stakeholder concerns.
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless
Telecommunications Bureau.
[FR Doc. 2021–23712 Filed 11–1–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 12–375, DA 21–1297; FRS
54866]
Rates for Interstate Inmate Calling
Services
AGENCY
: Federal Communications
Commission.
ACTION
: Proposed rule; extension of
reply comment period.
SUMMARY
: In this document, the Federal
Communications Commission is
extending the time to file reply
comments in response to the 2021 ICS
Further Notice in this proceeding in
order to afford interested parties
sufficient time to prepare them.
DATES
: Reply Comments in response to
the 2021 ICS Further Notice are due
December 17, 2021.
ADDRESSES
: You may submit comments,
identified by WC Docket No. 12–375, by
any of the following methods:
•Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
apps.fcc.gov/ecfs/.
•Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
•Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
•Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
•U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
•Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcc-
closes-headquarters-open-window-and-
changes-hand-delivery-policy.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT
:
Simon Solemani, Pricing Policy
Division of the Wireline Competition
Bureau, at (202) 418–2270 or via email
at simon.solemani@fcc.gov.
SUPPLEMENTARY INFORMATION
: This is a
summary of the FCC’s Order, DA 21–
1297, released October 15, 2021. The
full text of this Order is available at:
https://docs.fcc.gov/public/
attachments/DA-21-1297A1.pdf. The
full text of Global Tel*Link Corporation
(GTL)’s motion is available at: https://
ecfsapi.fcc.gov/file/1007291601627/
GTL%20Extension%20Request%20(10-
6-21).pdf.
1. By this Order, the Wireline
Competition Bureau (Bureau) of the
Federal Communications Commission
grants in part and denies in part a
motion filed by Global Tel*Link
Corporation (GTL) seeking extensions of
time for (1) filing Paperwork Reduction
Act (PRA) comments on new
information collection requirements
adopted in the 2021 ICS Order currently
due October 25, 2021, (2) reply
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