Vol. 81 Wednesday, No. 164 August 24, 2016

Part IV

Federal Communications Commission

47 CFR Parts 2, 25, 30, et al. Use of Spectrum Bands Above 24 GHz for Mobile Radio Services; Proposed Rule

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FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: John delivered to FCC Headquarters at 445 COMMISSION Schauble of the Wireless 12th St. SW., Room TW–A325, Telecommunications Bureau, Washington, DC 20554. All hand 47 CFR Parts 2, 25, 30, and 101 Broadband Division, at 202–418–0797 deliveries must be held together with or [email protected], Michael Ha rubber bands or fasteners. The filing [GN Docket No. 14–177, IB Docket Nos. 15– of the Office of Engineering and hours are 8:00 a.m. to 7 p.m. All hand 256 and 97–95, RM–11664, WT Docket No. Technology, Policy and Rules Division, deliveries must be held together with 10–112; FCC 16–89] at 202–418–2099 or Michael.Ha@ rubber bands or fasteners. Any Use of Spectrum Bands Above 24 GHz fcc.gov, or Jose Albuquerque of the envelopes must be disposed of before for Mobile Radio Services International Bureau, Satellite Division, entering the building. at 202–418–2288 or Jose.Albuquerque@ • Commercial overnight mail (other AGENCY: Federal Communications fcc.gov. than U.S. Postal Service Express Mail Commission. SUPPLEMENTARY INFORMATION: This is a and Priority Mail) must be sent to 9300 ACTION: Proposed rule. summary of the Further Notice of E. Hampton Drive, Capitol Heights, MD Proposed Rulemaking (FNPRM), GN 20743. • U.S. Postal Service first-class, SUMMARY: In this document, the Federal Docket No. 14–177, IB Docket Nos. 15– Express, and Priority must be addressed Communications Commission 256 and 97–95, RM–11664, WT Docket to 445 12th Street SW., Washington, DC (Commission or FCC) seeks comment on No. 10–112; FCC 16–89, adopted and 20554. proposed service rules to allow flexible released on July 14, 2016. The full text fixed and mobile uses in additional of the FNPRM is available for inspection Ex Parte Rules—Permit-But-Disclose bands and on refinements to the rules and copying during normal business Pursuant to Section 1.1200(a) of the the Commission adopted in FCC 16–89. hours in the FCC Reference Center, 445 These refinements include: Providing Commission’s rules, this FNPRM shall 12th Street SW., Washington, DC 20554. be treated as a ‘‘permit-but-disclose’’ additional detail on the sharing The document also is available for arrangement the Commission adopted in proceeding in accordance with the download over the Internet at https:// Commission’s ex parte rules. Persons FCC 16–89 for the 37 GHz band; _ apps.fcc.gov/edocs public/attachmatch/ making ex parte presentations must file performance requirements for FCC-16-89A1.docx. innovative uses such as Internet of a copy of any written presentation or a Comment Filing Procedures: You may memorandum summarizing any oral Things (IoT) and machine-to-machine submit comments, identified by GN communications; additional issues presentation within two business days Docket No. 14–177, by any of the after the presentation (unless a different relating to our mobile spectrum following methods: holdings policies; whether antenna deadline applicable to the Sunshine • Electronic Filers: Comments may be period applies). Persons making oral ex height limits are necessary in mmW filed electronically using the Internet by bands; whether minimum bandwidth parte presentations are reminded that accessing the Commission’s Electronic memoranda summarizing the scaling factors are necessary for Comment Filing System (ECFS) https:// presentation must: (1) List all persons transmitter power limits; whether www.fcc.gov/ecfs/ or the Federal attending or otherwise participating in allowing higher Power Flux Density eRulemaking Portal: http:// the meeting at which the ex parte (PFD) levels for Fixed Satellite Service www.regulations.gov. Filers should presentation was made, and (2) (FSS) in the 37 and 39 GHz bands follow the instructions provided on the summarize all data presented and would be consistent with terrestrial use Commission’s Web site for submitting arguments made during the of those bands; refining the coordination comments and transmit one electronic presentation. If the presentation limits for point-to-point operations; and copy of the filing to GN Docket No. 14– consisted in whole or in part of the on sharing analysis and modeling. 177. For ECFS filers, in completing the presentation of data or arguments DATES: Comments are due on or before transmittal screen, filers should include already reflected in the presenter’s September 30, 2016; reply comments are their full name, U.S. Postal Service written comments, memoranda or other due on or before October 31, 2016. mailing address, and the applicable filings in the proceeding, the presenter ADDRESSES: You may submit comments, docket number. may provide citations to such data or identified by GN Docket No. 14–177, by • Parties may also submit an arguments in his or her prior comments, any of the following methods: electronic comment by Internet email. memoranda, or other filings (specifying • Federal eRulemaking Portal: http:// To get filing instructions, filers should the relevant page and/or paragraph www.regulations.gov. Follow the send an email to [email protected], and numbers where such data or arguments instructions for submitting comments. include the following words in the body can be found) in lieu of summarizing • Federal Communications of the message, ‘‘get form your email them in the memorandum. Documents Commission’s Web site: https:// address’’. A sample form and shown or given to Commission staff www.fcc.gov/ecfs/. Follow the instructions will be sent in response. during ex parte meetings are deemed to instructions for submitting comments. • Paper Filers: Parties who choose to be written ex parte presentations and • People with Disabilities: Contact the file by paper must file an original and must be filed consistent with rule FCC to request reasonable four copies of reach filing. Filings can 1.1206(b). In proceedings governed by accommodations (accessible format be sent by hand or messenger delivery, rule 1.49(f) or for which the documents, sign language interpreters, by commercial overnight courier, or by Commission has made available a CART, etc.) by email: [email protected], first-class or overnight U.S. Postal method of electronic filing, written ex phone: 202–418–0530 or TTY: 202–418– Service mail. All filings must be parte presentations and memoranda 0432. addressed to the Commission’s summarizing oral ex parte For detailed instructions for Secretary, Office of the Secretary, presentations, and all attachments submitting comments and additional Federal Communications Commission. thereto, must be filed through the information on the rulemaking process, • All hand-delivered or messenger- electronic comment filing system see the SUPPLEMENTARY INFORMATION delivered paper filings for the available for that proceeding, and must section of this document. Commission’s Secretary must be be filed in their native format (e.g., .doc,

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.xml, .ppt, searchable .pdf). Participants communications; (3) additional issues GHz, 50.4–52.6 GHz, 71–76 GHz, and in this proceeding should familiarize relating to our mobile spectrum 81–86 GHz. Each of these bands was themselves with the Commission’s ex holdings policies; (4) whether antenna identified as a candidate band for IMT– parte rules. height limits are necessary in mmW 2020. bands; (5) whether minimum bandwidth 5. At the same time, the Commission Initial Regulatory Flexibility Analysis scaling factors are necessary for recognizes that there are challenges that As required by the Regulatory transmitter power limits; (6) whether must be overcome before the Flexibility Act of 1980, as amended allowing higher PFD levels for FSS in Commission can authorize service in (RFA), the Commission has prepared the 37 and 39 GHz bands would be these bands, including existing this present IRFA of the possible consistent with terrestrial use of those allocations and/or operations in these significant economic impact on a bands; (7) refining the coordination bands. The Commission will continue to substantial number of small entities by limits for point-to-point operations; and work with existing stakeholders, the policies and rules proposed in the (8) on sharing analysis and modeling. wireless providers, the satellite attached FNPRM. Written public 2. In the Order, several commenters industry, National Telecommunications comments are requested on this IRFA. ask the Commission to consider other and Information Administration (NTIA), Comments must be identified as bands for mobile use. Many commenters and other interested Federal responses to the IRFA and must be filed argue that the criteria should not stakeholders to determine where by the deadlines specified in the preclude the Commission from different services can coexist and FNPRM for comments. The Commission considering bands that do not meet all develop ways to maximize flexible use. will send a copy of this FNPRM, of those criteria. For example, CTIA and In several bands, the Commission including this IRFA, to the Chief Nokia ask the Commission to consider believes sharing mechanisms that the Counsel for Advocacy of the Small bands that do not have 500 MHz of Commission has adopted in the Report Business Administration (SBA). spectrum because certain applications and Order and in other proceedings can Paperwork Reduction Analysis may be feasible for smaller bandwidths. allow many of these bands to be utilized Commenters also agree that while for fixed and mobile use while also This document does not contain new international harmonization is accommodating existing uses. or modified information collection preferable, the Commission should not 6. The Commission discusses each of requirements subject to the Paperwork preclude bands from further the bands in additional detail below. Reduction Act of 1995 (PRA), Public consideration just because they are not The Commission generally proposes to Law 104–13. proposed for mobile use throughout the use the licensing and service rule Synopsis world. framework the Commission adopted in 3. Several factors lead us to conclude the Order. Except for the 71–76 GHz, 1. This FNPRM has two sections that that it is now appropriate to consider and 81–86 GHz bands, the Commission the Commission is seeking comment. additional bands for mobile use. First, proposes to use geographic area First, the Commission proposes to adopt as the record to the Report and Order licensing with Partial Economic Area service rules allowing flexible fixed and has made clear, there are a wide variety (PEAs) as the license area size. For the mobile uses in additional bands. These of services, including fixed, mobile, and 71–76 GHz and 81–86 GHz bands, the bands potentially offer 17.7 GHz of satellite, for which these bands could be Commission proposes to use a licensing spectrum that could be available for used. This variety favors making framework similar to the framework fixed or mobile use. By examining the multiple bands available, including developed for the Citizens Broadband suitability for mobile use of such a large bands for which the Commission did Radio Service. For any Upper amount of spectrum, the Commission not to propose service rules in the Microwave Flexible Use Service takes steps to ensure that additional NPRM (see In the Matter of Use of (UMFUS) bands for which the spectrum is available to allow the next Spectrum Bands Above 24 GHz for Commission adopts geographic area generation of wireless technologies to Mobile Radio Services, Notice of licensing and accept mutually exclusive flourish in the mmW bands. In addition, Proposed Rulemaking, 30 FCC Rcd initial applications, the Commission has many of these bands will require 11878 (2015)). Second, the World Radio decided to conduct any spectrum sharing solutions to unlock their Conference identified a large number of auction of licenses in conformity with potential for flexible use services—the bands as candidate bands for IMT–2020 the general competitive bidding Commission seeks comment on the (International Mobile procedures set forth in Part 1 Subpart Q potential sharing mechanisms, and Telecommunications), including several of the Commission’s rules, including continue to encourage all stakeholders bands that the Commission did not rules governing designated entity to work to develop and refine effective address in the NPRM. Third, it appears preferences. The Commission seeks solutions to sharing. Second, the that the amount of global data traffic comment here on whether to apply the Commission seeks further comment on will continue to grow exponentially. same small business definitions and refinements to the rules the Commission Cisco estimates that global mobile data associated bidding credits the adopted in the Report and Order in GN traffic will grow nearly tenfold between Commission has adopted for auctions of Docket No. 14–177, IB Docket Nos. 15– 2014 and 2019. Under these UMFUS licenses to auctions of licenses 256 and 97–95, RM–11664, WT Docket circumstances, the Commission believes in the additional bands discussed No. 10–112; FCC 16–89, adopted and it is now appropriate to seek comment below, as the Commission seeks any released on July 14, 2016 (hereinafter on proposing mobile service rules for other spectrum bands that the Order or Report and Order). In most of the bands identified at the 2015 Commission may subsequently decide particular, the Commission seeks World Radio Conference. to include in the UMFUS. Our proposal comment on: (1) Providing additional 4. Specifically, the Commission is based on our anticipation that the detail on the sharing arrangement that proposes authorizing flexible use same types of services would be the Commission adopted in the Order licenses that would permit fixed and deployed in these additional bands as for the 37 GHz band; (2) performance mobile services in the following bands: are contemplated to be deployed in the requirements for innovative uses such 24.25–24.45 GHz and 24.75–25.25 GHz, bands that the Commission has already as IoT and machine-to-machine 31.8–33.4 GHz, 42–42.5 GHz, 47.2–50.2 designated for the UMFUS. The

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Commission asks commenters to A. Additional Bands two 200 MHz channels and one 100 provide specific data on the costs and MHz channel in 24.75–25.25 GHz. The 1. 24 GHz Bands (24.25–24.45 GHz and Commission also seeks comment on benefits associated with the licensing 24.75–25.25 GHz) mechanisms the Commission has how to treat existing 24 GHz band proposed. 10. The Commission proposes to add licensees. Should incumbent licenses be a mobile allocation to the 24.25–24.45 converted to UMFUS licenses, as the 7. In the Order, the Commission is and 24.75–25.25 GHz segments of the 24 Commission has done in 28 GHz and 39 making 3.85 GHz of mmW spectrum GHz band, a fixed allocation to 24.75– GHz? Also, is it necessary to repack available for licensed mobile use, as 25.05 GHz, and to authorize both mobile existing licensees, or can they keep their well as adding seven gigahertz of and fixed operations in those segments existing frequency assignments because spectrum for unlicensed use, bringing under the new Part 30 UMFUS rules. there are so few licensees? the total to 14 GHz of unlicensed This band is already used spectrum available in the 57–71 GHz internationally for fixed service and is 2. 32 GHz Band (31.8–33.4 GHz) band. In view of these relative included in the WRC study for future 13. The Commission proposes to add proportions, the Commission believes it international mobile allocation. The primary non-Federal fixed and mobile is appropriate to make additional existing manufacturing base and global service allocations to the 32 GHz band licensed spectrum available for flexible harmonization of this band make it an (31.8–33.4 GHz).1 The Commission also use. Furthermore, the Commission attractive option for mobile use. The proposes to authorize fixed and mobile continues to believe there is value in Commission further proposes to grant operations in the 32 GHz under the Part using both geographic area licensing mobile rights to the existing fixed 30 Upper Microwave Flexible Use and shared access. The Commission licensees, in order to facilitate Service rules. In the NPRM, the Commission noted that the 32 GHz band seeks comment on alternative licensing coordination between fixed and mobile uses in the areas that are currently is not currently allocated for mobile mechanisms for each of these bands, licensed. The Commission proposes to operations, and therefore, perhaps it is including unlicensed operation. To the add these new fixed and mobile not as suited to the provision of 5G extent the Commission adopts authorizations on a co-primary basis. services as other bands under geographic area licensing, the The Commission seeks comment on that consideration. Since the NPRM was Commission also seeks comment on arrangement, as well as on the adopted, however, ITU WRC–15 alternative license area sizes. alternative of making mobile or fixed decided to conduct the appropriate 8. The Commission also proposes to use secondary to FSS. sharing and compatibility studies for the generally apply the Part 30 technical 11. The Commission recognizes that 32 GHz band, which may lead to an rules the Commission has adopted in there are existing satellite interests and allocation for mobile service in the 32 the Order to each of the bands where the operations in this band, and the GHz band at WRC–19 and the Commission ultimately adopts flexible Commission seeks comment on the best opportunity for globally harmonized use rules. The Commission seeks way to promote effective sharing services in this band. Global between satellite and mobile uses. comment on any deviations from those harmonization, in turn, will promote Given that the current use of the band global interconnection, roaming, and rules or special technical rules that for satellite appears to be rather limited, interoperability. In addition, there is a would be needed for any of those bands. should the Commission maintain the significant amount of contiguous Commenters who propose special existing limits and coordination bandwidth available in the 32 GHz technical rules should explain the procedures on satellite operations in the band. Finally, the Commission notes specific need for such rules and 25.05–25.25 GHz band, and apply those that there is significant support among quantify the costs and benefits same limits to the 24.75–25.05 GHz the commenters to allocate the 32 GHz associated with their proposed rules. band? Alternatively, are there other band for fixed and mobile 5G services. The Commission also encourages sharing mechanisms that would better 14. However, there are still two major commenters to provide detailed achieve coexistence? Would the sharing challenges to authorizing mobile technical analysis supporting any regime the Commission has adopted for operations in the 32 GHz band: (1) technical proposals. the 28 GHz band be appropriate in this Protecting radionavigation operations in 9. As the Commission explained in band, or do the differences between FSS the 32 GHz band; and (2) protecting the NPRM, the Commission believes earth stations in that band and BSS radio astronomy observations in the adjacent 31.3–31.8 GHz band. The these bands might be able to support feeder links here suggest a different solution? Commission discusses those challenges expanded sharing, including two-way 12. The Commission also proposes to and invites further comment on those shared use between Federal and non- modify the existing band plan for new issues below. Federal users in these bands and sharing licenses in the 24 GHz band. Currently, a. Federal and Non-Federal Services in among different types of service the 24 GHz bands is channelized into the 32 GHz Band platforms. The Commission continues to five 40 MHz by 40 MHz channel pairs. believe there is an opportunity to As with the 39 GHz band, the 15. In the NPRM, the Commission leverage the propagation characteristics Commission sees benefits to converting sought comment on the compatibility of of these bands to further enhance the 24 GHz band plan to unpaired mobile use of the 32 GHz band with sharing Federal and non-Federal users. blocks. Going forward, the Commission existing aeronautical and shipborne The Commission seeks comment proposes to license the 24.25–24.45 GHz radar use of the band, future generally on ways to further Federal and band segment as a single, unpaired radionavigation and other Federal non-Federal sharing in these bands, block of 200 MHz, and the 24.75–25.25 services, as well as deep space research including refinement of the concept the GHz band segment as two unpaired Commission adopted in the Order for blocks of 250 MHz each. The 1 In the NPRM, the Commission addressed the 31.8–33 GHz band. Because the ITU identified the 37 GHz band. Commission seeks comment on this 31.8–33.4 GHz as a potential candidate band, we proposal, as well as the alternative of will expand our consideration to the 31.8–33.4 GHz using 100 MHz unpaired channels, or band.

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in the 31.8–32.3 GHz portion of the 32 allocated for Earth Exploration Satellite that for certain applications, satellite- GHz band. In the Order, commenters (passive), radio astronomy, and Space based microwave remote sensing is the did not address these issues directly. Research (passive). No station is only practical method of obtaining Instead, Echodyne, a technology startup, authorized to transmit in the 31.3–31.8 atmospheric and surface data for the asks the Commission to proceed GHz band and the radio astronomy entire planet. Data derived from EESS cautiously to ensure that it does not operations in the 31.3–31.8 GHz band have contributed substantially to the hinder the development of innovative are protected from unwanted emissions study of meteorology, atmospheric technologies for the radionavigation only to the extent that such radiation chemistry, climatology, and bands. Echodyne states that ‘‘near term exceeds the level which would be oceanography and is used by multiple advances in radar technology soon will present if the offending station were governmental agencies. CORF indicates help fuel revolutionary changes in many operating in compliance with the that incumbent users designed and sectors.’’ For instance, Echodyne technical standards or criteria developed EESS missions without the indicates that ‘‘accurate, lightweight, applicable to the service in which it expectation of transmissions in close and low-power detect and avoid operates. proximity to the 31.3–31.8 GHz band. systems will be essential to widespread 19. In the NPRM, the Commission They also report that most incumbent commercial deployment of Unmanned noted that the need to protect the 31.3– users at 31.5 GHz operate in a direct Aerial Systems and autonomous 31.8 GHz passive band may severely detection (homodyne) mode. CORF vehicles,’’ which Echodyne argues, will limit the availability of usable spectrum recommends that the Commission adopt change the face of transportation, in the 31.8–33 GHz band and sought adequate guard bands to protect EESS shipping, security, and numerous other detailed technical analysis from operations in the 31.3–31.8 GHz ‘‘until industries. According to Echodyne, commenters on the out-of-band the current satellites can be replaced these advances rely on effective emission limits required to protect with satellites with filtering suited to radionavigation operations that need operations in the 31.3–31.8 GHz band. the new spectral environment.’’ CORF consistent operating conditions across a The Commission indicated that a claims that proportionally larger guard geographic region, including a detailed analysis would help it bands are needed as the frequency predictable and uniform interference determine how much of the 31.8–33 increases. In direct detection, CORF environment. Echodyne indicates that it GHz band could be used for mobile explains, band definition is achieved is skeptical that the 32 GHz band could operations while protecting the passive with filters that are limited by the be made available for mobile use. services in the 31.3–31.8 GHz band. properties of the materials used in the 16. The Commission seeks comment 20. In the Order, CORF submitted the filter itself. Thus, for example, ‘‘for a on the compatibility of fixed and mobile most information on this topic. CORF given material, the minimum bandwidth services with existing allocated services states that although the critical science of a filter is proportional to the central undertaken by Radio Astronomy in the 32 GHz band. In the Order, frequency, so that the width of the observers cannot be performed without commenters who support mobile use of necessary guard bands to suppress access to interference free bands, Radio this band should provide specific emissions to a desired level also Astronomy Service (RAS) bands can be technical information and proposals increases in proportion to the protected regionally by limiting showing how fixed and mobile uses of frequency.’’ CORF continues, ‘‘it is emissions within a certain radius of the this band is compatible with impossible to reject a signal 10 MHz facility. But, CORF explains, ‘‘the radionavigation uses. In that regard, the away from a band edge at these higher Commission asks Echodyne and other emissions that radio astronomers frequencies, so guard bandwidths must commenters to provide specific receive are extremely weak—a radio be scaled in frequency to accommodate information on existing and planned telescope receives less than 1 percent of this physical limitation.’’ The non-Federal uses of radar in this band. one-billionth of one-billionth of a watt Commission seeks comment on whether The Commission will continue to work (10–20 W) from a typical cosmic the Commission should adopt a guard with NTIA and other Federal partners to object.’’ CORF further explains that band to protect EESS operations in the determine the protection requirements radio observatories are particularly 31.3–31.8 GHz band, and if so, how for Federal users and the opportunity to vulnerable to interference from in-band large should the guard band be? ESOA, expand shared Federal use across the emissions, spurious and out-of-band disagrees with CORF and states that band. emissions from licensed and unlicensed 17. The Commission also seeks users of neighboring bands, and services operating in the 31.3–31.8 GHz comment on protecting other allocated emissions that produce harmonic band can be protected through service within the 32 GHz band. For signals in the RAS bands, even when ‘‘carefully crafted operating Space Research Service operations in those manmade signals are weak and requirements.’’ The Commission seeks the Goldstone, California area, would distant. EMEA Satellite Operators comment on ESOA’s statement and ask coordination requirements be sufficient Association (ESOA) argues that any what these ‘‘carefully crafted operating to protect those operations? In the deep space research operations in the requirements’’ might be. NPRM, the Commission noted that the 31.3–31.8 GHz band can be protected 22. CORF also expresses concern that risk of interference between terrestrial from mobile terrestrial operations in the ‘‘mobile devices with limited size and operations and ISS links in 64–71 GHz 32 GHz band because there are very few cost will not be able to adequately filter appeared to be low because of research facilities and they are located their out-of-band emissions to meet the atmospheric absorption. Would the in very remote areas. The Commission stringent requirements’’ of the 31.3–31.8 same analysis apply in the 32 GHz seeks specific comment on how the GHz band. Avanti responds that under band? Commission should protect these agenda item 1.13 for WRC–19 (World operations. Radiocommunication Conference), the b. Radio Astronomy and EESS in the 21. CORF stresses the importance of International Telecommunication Adjacent 31.3–31.8 GHz Band the data collected from Earth Union-Radiocommunication (ITU–R) 18. The 32 GHz band is adjacent to Exploration Satellite Service (EESS) and will develop technical measures, if the 31.3–31.8 GHz band. In the United that billions of dollars have been necessary, to protect passive services States, the 31.3–31.8 GHz band is invested in EESS satellites. CORF notes from interference from 5G mobile

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broadband systems. The Commission 43.122, and 43.424 GHz (for leveraging the sharing regime adopted seeks detailed information concerning observations of silicon monoxide) are for the co-primary coordinated sharing the capability of mobile and other among those of greatest importance to in the 37 GHz band? Should the consumer devices to limit out-of-band radio astronomy. CORF represents, ‘‘The Commission use more static sharing emissions into the 31.3–31.8 GHz band, detrimental levels for continuum and mechanisms? Would an SAS-based and seek comment on whether guard spectral line radio astronomy sharing approach facilitate Federal and bands or other special rules will be observations for single dishes are ¥227 non-Federal sharing of this band? Are necessary to limit emissions into the dBW/m2/Hz and ¥210 dBW/m2/Hz, there other tools the Commission can 31.3–31.8 GHz band. respectively, for the average across the leverage to create a robust sharing full 1 GHz band and the peak level in environment that allows this spectrum c. Band Plan any single 500 kHz channel. For to meet both Federal and non-Federal 23. The Commission also seeks observations using the entire Very Long needs? comment on the appropriate band plan Baseline Array (VLBA), the 4. 47 GHz Band (47.2–50.2 GHz) for the 32 GHz band. The Commission corresponding limit is ¥175 dBW/m2/ proposes to license the band using Hz.’’ Does the Commission need to 29. The Commission proposes to channels of either 200 MHz or 400 MHz establish special out-of-band emission authorize fixed and mobile operations bandwidth. Given the contemplated use limits into the 42.5–43.5 GHz band? Is in the 47 GHz band (47.2–50.2 GHz) cases and the nature of this band, what it necessary or appropriate to establish under the Part 30 Upper Microwave channel size would be best? The a guard band below 42.5 GHz? The Flexible Use Service rules. The band Commission encourages commenters to Commission asks proponents of potentially offers 3 GHz of spectrum and discuss the specific advantages and terrestrial use in the 42 GHz band to is being studied internationally for disadvantages of various band plans. provide detailed studies demonstrating possible mobile use. 30. At the same time, the Commission 3. 42 GHz Band (42–42.5 GHz) how such use can be compatible with RAS use in the 42.4–43.5 GHz band. recognizes that this band is authorized 24. The Commission proposes to The Commission also asks CORF and for FSS use. While there are no current authorize fixed and mobile service other radio astronomy interests to authorized operations, this band may be operations to operate in the 42 GHz provide additional information on the paired with the 40–42 GHz downlink band (42–42.5 GHz) under the Part 30 locations where observations are made band. Unlike in the 28 GHz or 39 GHz Upper Microwave Flexible Use Service in the 42.4–43.5 GHz band. bands, where FSS can use other rules, as long as the Commission can 27. The Commission also seeks spectrum to operate user equipment, ensure that adjacent channel RAS comment on the appropriate band plan FSS would have to use some portion of services will be protected. The band for the 42 GHz band. Should the band the 47 GHz band to operate user potentially offers 500 megahertz for new be licensed as a single channel, split equipment. Sharing between terrestrial flexible use services, has existing fixed into two channels, or split into multiple mobile and FSS user equipment is more and mobile allocations, and is being 100 megahertz channels? The complicated, particularly when the FSS studied internationally for possible Commission recognizes that if the user equipment is transmitting. mobile use. The Commission also Commission adopts a guard band to 31. With respect to individually proposes to adopt geographic area protect adjacent channel radio licensed earth stations, it appears that licensing using PEAs as the geographic astronomy, the guard band will affect the Commission could adopt the sharing area. The Commission seeks comment the band plan by making less spectrum framework the Commission has adopted on this proposal, as well as alternatives. available. Given the contemplated use for the 28 GHz band. Specifically, in 25. The Commission denies FWCC’s cases and the nature of this band, what each PEA, the Commission proposes request that the Commission establish channel size would be best? The that there can be one location where service rules to enable fixed service at Commission encourages commenters to FSS earth stations can be located on a 42.–42.5 GHz, but keeps its request discuss the specific advantages and co-primary basis, subject to the pending for the 42.5–43.5 GHz band. disadvantages of various band plans. conditions and limitations the The Commission believes that flexible 28. Finally, the Commission proposes Commission has adopted in other use licensing, which would allow a to add Federal fixed and mobile bands. The Commission seeks comment variety of services to be offered, would allocations into this band, and on this proposal, as well as alternatives. be more likely to place the spectrum in additionally seek comment on 32. The Commission seeks comment its highest and best use, as opposed to establishing a framework under which on the best approach for sharing rules that would only allow point-to- Federal and non-Federal users could between FSS user equipment and point operation. Nevertheless, the share the band. Given the short terrestrial operations. One option would Commission does not deny FWCC’s propagation distances, lack of be to have geographic area licensing on petition with respect to the 42.5–43.5 incumbent licensees, and other factors, a PEA basis, but also authorize database- GHz band because point-to-point as described in the 37 GHz sharing driven sharing between terrestrial operation may be more likely to co-exist section and the rules the Commission licensees and stationary FSS user with co-channel RAS. The Commission adopted in the Report and Order, the equipment. In the NPRM, the will give further consideration to the Commission believes it is possible for Commission sought comment on 42.5–43.5 GHz band separately. both Federal and non-Federal users to leveraging a Spectrum Access System 26. The Commission seeks comment coexist on a co-primary basis, (SAS) or other database coordination on whether it is possible to authorize particularly using simple methods of mechanism to facilitate sharing between fixed and mobile use in the 42 GHz coordination (to enable geographic terrestrial operations and FSS user band while protecting RAS observations sharing). The Commission therefore equipment. Under the SAS proposal, in the adjacent 42.5–43.5 GHz band. If seeks comment on whether to extend terrestrial licensees would provide the protection is possible, the Commission Federal access to this band, including geographic coordinates and other seeks comment on what protections how to best achieve coexistence with pertinent technical information should be established. CORF notes that non-Federal uses. For instance, are there concerning their facilities to the SAS. frequency lines at 42.519, 42.821, additional considerations in addition to Satellite operators would then access

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the information in the SAS to determine GHz band? Could a modified first-come, in the 50 GHz band (50.4–52.6 GHz) where their user equipment could first-served mechanism be used to under the Part 30 Upper Microwave transmit without causing interference to establish priority in this band without Flexible Use Service rules. The band terrestrial operations. The Commission precluding use of the band by co- potentially offers 2 GHz of spectrum and recognizes that many terrestrial primary Federal users? Should the is being studied internationally for operators oppose being required to Commission leverage the database- possible mobile use. The Commission provide information on their driven sharing mechanism? The also proposes to use geographic area deployments to a database, but those Commission intends to work with NTIA licensing in this band and license the operators have not presented a viable and other Federal agencies to identify band on a PEA basis. The Commission alternative that would allow sharing an appropriate framework to protect seeks comment on these proposals, as between these services. current or planned Federal interests in well as alternatives. The Commission 33. Another option would be to divide and ensure future access to this band on also seeks comment on the non-Federal the band into a segment where FSS has a co-primary shared basis. The satellite allocations in the 50.4–51.4 priority and a segment where UMFUS Commission also seeks comment on GHz band.3 Assuming that the 40–42 operations has priority.2 In the segment protecting radio astronomy in the GHz (space-to-Earth) band is paired where FSS had priority, FSS could 48.94–49.04 GHz band. Are there any with the 48.2–50.2 GHz (Earth-to-space) operate its user equipment without any steps the Commission needs to take to band, the Commission requests obligation to protect UMFUS operations. protect radio astronomy over and above comments on how this uplink band Conversely, in the segment where implementing the existing prohibition would be used by FSS operators. The UMFUS licensees had priority, satellite on aeronautical use in that segment? Commission also requests comments on user equipment could operate on a The Commission encourages CORF and means of accommodating sharing purely secondary basis and would be other radio astronomy interests to between terrestrial and satellite required to cease transmitting if it provide information on locations where operations. caused interference to fixed or mobile this band is used for radio astronomy 38. The Commission also seeks operations. Supporters of this option observations. With respect to the 50.2– comment on sharing with co-primary should propose a split for the band and 50.4 GHz band, the Commission notes Federal services in the 50.4–52.6 GHz explain how their proposed split best that the international allocation for the band, as well as protection of passive balances the needs of UMFUS and FSS passive services ‘‘shall not impose services in the adjacent 50.2–50.4 GHz licensees. undue constraints on the use of adjacent and 52.6–54.25 GHz bands. The 34. A third option would be to bands by the primary allocated services Commission’s understanding is that develop specific criteria for assigning in those bands.’’ On the other hand, at there are currently no authorized priority between FSS and terrestrial WRC–12, the WRC recognized ‘‘that Federal or non-Federal operations in operations. For example, the long-term protection of the EESS in the this band but that there may be future Commission could require both FSS and [, inter alia, 50.2–50.4 GHz band] is vital Federal operations in that band. Are the UMFUS licensees to register their to weather prediction and disaster rules and framework the Commission operations in a database, and the management.’’ The WRC did establish adopted in the Order for sharing of the Commission could assign interference emission limits for FSS stations 37 GHz band applicable to this band? protection on a first-come, first-served operating in the 49.7–50.2 GHz and Could a database-driven sharing basis. The Commission seeks comment 50.4–50.9 GHz bands, but did not approach facilitate sharing between on a first-come, first-served approach, address fixed or mobile stations Federal and non-Federal operations? and the Commission also invites operating in those bands. Given that Could a modified first-come, first-served commenters to propose alternative framework, what requirements would be mechanism be used to establish priority criteria for assigning priority. appropriate to protect passive services in this band without precluding use of Commenters should provide detailed in the 50.2–50.4 GHz bands? the band by co-primary Federal users? information on the costs and benefits of 36. The Commission also seeks The Commission intends to work with their proposed mechanisms for comment on the appropriate band plan NTIA and other Federal agencies to assigning priorities. The Commission for the 47 GHz band. One possibility identify an appropriate framework to also seeks comment on other would be to divide the band into six protect current or planned Federal alternatives for sharing between UMFUS channels of 500 MHz each. One interests and to ensure future access to and FSS in this band. advantage of that band plan is that the this band on a co-primary shared basis. 35. The Commission also seeks channels would align with 48.2 GHz, comment on sharing with co-primary With respect to the 50.2–50.4 GHz band which is where the Federal allocation this band is vital to weather prediction Federal services in the 48.2–50.2 GHz and current FSS designation begin and band, as well as protection of passive and disaster management, and the where FSS user equipment can begin to international allocation for the passive services in the adjacent 50.2–50.4 GHz be deployed. On the other hand, 500 band. Our understanding is that there services ‘‘shall not impose undue megahertz channels would not align constraints on the use of adjacent bands are currently no authorized Federal or with the band plan in other bands, non-Federal operations in the 48.2–50.2 by the primary allocated services in where the Commission is using those bands.’’ Given that framework, GHz band but that there may be future multiples of 200 MHz. Given the Federal operations in that band. Are the what limits on emissions into the 50.2– contemplated use cases and the nature 50.4 GHz would be appropriate? On the rules and framework the Commission of this band, what channel size would adopted in the Order for sharing of the be best? The Commission encourages 3 The Commission notes that the NATO Joint 37 GHz band applicable to the 48.2–50.2 commenters to discuss the specific Frequency Agreement identifies the 39–5–40.5 GHz advantages and disadvantages of various downlink band and the 50.4–51.4 GHz uplink band 2 The Commission could maintain the current band plans. for future military FSS and MSS requirements. See wireless services and FSS designations. When the NTIA letter, IB Docket No. 97–95, received May 7, Commission made the separate designations for the 5. 50 GHz Band (50.4–52.6 GHz) 1997, at p. 4. See also NTIA’s Federal Long-Range FSS and wireless services in the band, it did not Spectrum Plan, September 2000, at p. 122 (available place any restrictions on the use of either portion 37. The Commission proposes to at https://www.ntia.doc.gov/files/ntia/publications/ of the band by either the FSS or wireless services. authorize fixed and mobile operations final-1rsp.pdf).

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other hand, there is a specific limit on spectrum.’’ Moreover, the great majority should continue to expand. Specific to fixed emissions into the 52.6–54.25 GHz of existing links in the bands are this analysis is whether the current and band. What impact will that limit have concentrated in just a few localities. As potential future fixed point-to-point on the suitability of this band to provide of June 10, 2016, only 16 counties had uses of these bands might be compatible terrestrial service? What limits would be an average site density of more than one with other types of fixed or mobile uses. necessary on mobile service to protect transmission or reception site per square 44. When evaluating the compatibility the 52.6–54.25 GHz band? mile, and those 16 counties contain between fixed and mobile services in 39. The Commission also seeks more than 73 percent of all registered the 70/80 GHz band, one important comment on the appropriate band plan transmitters and receivers in the 71–76 consideration is the beamwidths of their for the 50 GHz band. One option is to and 81–86 GHz bands. Given the narrow transmission paths because tighter establish ten channels of 200 MHz each, beamwidths and limited path lengths beams are less likely to cause which would be consistent with the involved, it would be reasonable to treat interference. Historically, the channel plan for the 39 GHz band. Other the remaining 3,125 counties and Commission has tried to balance the options include four channels of 500 county-equivalents as the functional desire for smaller antennas against the megahertz each or five channels of 400 equivalent of a green field, provided spectrum efficiencies of narrow MHz each, with one extra 200 MHz that adequate measures are taken to beamwidths in the 70/80 GHz band. channel. Is there any value in protect the few incumbents in them. Over the last decade, the Commission establishing a guard band immediately 42. The Commission must also has continued to explore modifying the below 52.6 GHz to protect the passive consider whether the physical technical rules to allow larger band above 52.6 GHz? Given the characteristics of the bands are suitable beamwidths. Most recently, on October contemplated use cases and the nature for the kinds of services that might be 13, 2015, WTB’s Broadband Division of this band, what channel size would authorized in the bands—this is opened a new docket (Public Notice 30 be best? The Commission encourages particularly true for mmW bands where FCC Rcd 10961 (WTB 2015)) to address commenters to discuss the specific atmospheric and other environmental two waiver requests seeking a further advantages and disadvantages of the phenomena affect the utility of the relaxation of antenna standards in the various band plans. band. In general, for example, 71–76 and 81–86 GHz bands. As the atmospheric attenuation increases the waiver requests and comments filed in 6. 70/80 GHz Bands (71–76 GHz and higher one goes in the electromagnetic that docket attest, evidence suggests that 81–86 GHz) spectrum, limiting the potential length the Commission might further relax the 40. When evaluating services or uses of transmission paths. However, the 71– allowed beamwidth to 2.2 degrees. That that could be viable if the Commission 76 and 81–86 GHz bands experience step, if taken, would bring the bands’ authorize their introduction into the 71– less attenuation than frequencies in the technical standards into a realm that is 76 and 81–86 GHz bands, the 50–60 GHz range. at least potentially compatible with Commission must consider three basic 43. In addition to atmospheric dynamic beamforming technology issues. First, the Commission needs to attenuation, spreading loss also becomes because a 2.2-degree beamwidth is also consider whether the bands offer an issue in the mmW bands. As the Friis achievable by the kinds of MIMO base adequate spectrum for the proposed transmission law states, path loss grows stations that will be supporting mmW new services or uses in bands where with the square of the frequency, even mobile services. At least when operating tens of thousands of incumbent when radio waves are traveling through with beamforming MIMO, these base operations are already registered. a vacuum. The caveat, however, is that stations would likely be able to coexist Second, the Commission needs to Friis’s law applies only to transmissions with conventional point-to-point Fixed consider whether the new services or from omnidirectional antennas. As a Service links. uses are compatible with the recent technical study and analysis 45. The introduction of fixed services fundamental electromagnetic explains, ‘‘[T]he smaller wavelength of under somewhat relaxed directionality characteristics of the relevant spectrum. mmW signals also enables requirements in addition to mmW And third, the Commission needs to proportionally greater antenna gain for mobile services pose a new coexistence consider whether more than one service the same physical antenna size. consideration. It is likely that, when or use can coexist in the bands. The Consequently, the higher frequencies of both fixed and mobile mmW services Commission addresses each of these mmW signals do not in themselves are operated by the same entity, they considerations and corollary concerns result in any increased free space can sufficiently plan, coordinate, and below. propagation loss, provided the antenna time their use to facilitate coexistence. 41. The NPRM posited that it might area remains fixed and suitable In looking at whether incumbent fixed not be possible to authorize mobile directional transmissions are used.’’ In services, new more dynamic fixed services or unlicensed access in the 71– short, the directionality of the antennas services, and potential mobile services 76 and 81–86 GHz bands without that are feasible at shorter wavelengths (and equipment) in these bands may causing interference to incumbent may result in less path loss than coexist, it is apparent that the use of a point-to-point links. After further theorized. Based upon this preliminary central coordinating database capable of review, the Commission finds that the analysis, the Commission believes the calculating and enforcing protections bands are relatively lightly used both in bands might be valuable for a variety of among different types of users, like a terms of the number of registered sites uses, including mobile as well as fixed Spectrum Access System, could (especially on a large geographic scale) uses. In determining whether new and facilitate this coexistence. and with respect to the quantity of different services can coexist in these 46. Initially, coordination of non- spectrum available. As E-Band bands, the Commission must also look Federal links with Federal operations in Communications notes, ‘‘The 10 GHz of at whether the new service use can be the 71–76 GHz, 81–86 GHz, and 92–95 spectrum available [in the 71–76 and authorized in a manner that does not GHz (70/80/90) bands was 81–86 GHz bands] represents by far the disrupt the incumbent use (or accomplished under a traditional most ever allocated by the FCC at any otherwise, the Commission could coordination process: that is, requested one time, representing 50-times the decide to disrupt the incumbent use), non-Federal links were recorded in the bandwidth of the entire cellular and whether the existing use can and Commission’s Universal Licensing

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System (ULS) database and coordinated Commission proposes to establish a maximizing efficient use of the with the NTIA through the SAS-based regulatory framework spectrum and incentivizing a variety of Interdepartment Radio Advisory adapted to the constraints and the innovative deployment models. The Committee (IRAC) Frequency opportunities of the 71–76 and 81–86 Commission seeks comment on this Assignment Subcommittee. However, GHz bands. In particular, the proposal. beginning on February 8, 2005, this Commission invites comments on the • General Authorized Access: The interim link registration process was following questions and proposals: Commission proposes to create a GAA replaced by a permanent process in • The Commission proposes to tier, and seek comment on whether the which third-party database managers are establish three tiers of users for the 71– tier should be licensed by rule or subject responsible for recording each proposed 76 and 81–86 GHz band, consisting of: to a ‘‘licensed light’’ regime similar to non-Federal link in the third-party (1) Incumbent Access users, which the existing structure for the 70/80 GHz database link system and coordinating would receive the highest level of band (non-exclusive nationwide with NTIA’s automated ‘‘green light/ protection; (2) Priority Access Licensees licenses with individual sites yellow light’’ mechanism to determine (PALs); and (3) GAA users. Each tier authorized). The Commission seeks the potential for harmful interference would be required to prevent comment on whether the GAA tier with Federal operations. A ‘‘green light’’ interference to, and accept interference should have access to a set channels, response indicates that the link is from, higher tier users. (i.e., there would be some first-in-time coordinated with the Federal • The Commission seeks comment on right that would provide some level of Government; a ‘‘yellow light’’ response whether the rules for these bands certainty) or if the Commission should indicates a potential for interference to should be included in Part 30 (Upper require (or allow) the SAS to Federal Government or certain other Microwave Flexible Use Service) or Part dynamically maximize the number of operations. In the case of a ‘‘yellow 96 (Citizens Broadband Radio Service). GAA sites in a given area. Finally, the light,’’ the licensee must file an • Incumbent Access: The Commission seeks comment on whether application for the requested link with Commission proposes to continue to the Commission should defer the Commission, which in turn will protect existing Federal locations and authorizing GAA users until the submit the application to IRAC for seek comment on the ability to add conclusion of initial Priority Access individual coordination. This future sites on the same protected basis. license terms. automated process is designed to The Commission seeks comment on • Protection Methodology: The streamline the administrative process whether existing 70/80 GHz licensees Commission invites comment on the for non-Federal users in the bands. The and registered links should also qualify appropriate technical methodologies for Commission noted that the classified for incumbent protection. Alternatively, protecting licensees that are entitled to nature of some Federal operations the Commission seeks comment on protection, including but not limited to precludes the use of a public database whether they should be grandfathered the following alternatives: containing both Federal and non- for some period of time, then required a. Require SAS to calculate expected Federal links. to transition to the new service the aggregate interference at each 47. This system has been effectively Commission proposes here (most incumbent or Priority Access receiver, used for over a decade to facilitate notably, deploy equipment consistent based on their positions and the coexistence between commercial with the technical rules and capable of technical parameters of their equipment, systems and Federal systems: the communicating to an SAS). To the together with the corresponding technical data needed to avoid extent grandfathered links are protected, parameters of intruding transmitters. interfering with incumbent non-Federal the Commission proposes to require the b. Establish a maximum aggregate licensees is already available in existing links to be operational and in service, received signal level within Priority registration databases, and an automated and seek comment on requiring Access license areas, which would be system to prevent interference with incumbent licensees to certify their measured in terms of power flux density Federal systems is already in place and construction and operational status with (PFD) per megahertz of bandwidth at has been in operation for years. the Commission. The Commission also specified heights above the ground. 48. Recently, the Commission has seeks comment on the appropriate c. Implement an alternate protection developed other means of facilitating means for protecting Federal scheme whereby the SAS would protect spectrum sharing. In May 2016, seven incumbents, including whether the operator-defined contours around parties filed applications to be certified Commission should modify the existing Priority Access base stations to a SAS Administrators for the Citizens system or utilize a more automated protection level at a specified dBm per Broadband Radio Service. The SAS is a system (like a sensor-based system). megahertz of bandwidth anywhere critical tool to enable spectrum sharing Finally, the Commission seeks comment within the contour. in the band. SAS will protect incumbent on the extent to which Federal users • Technical Rules: The Commission users based on technical criteria, could expand their service area and gain proposes to establish two classes of authorize all devices in the band, protected status under the incumbent licenses for point-to-point operations in protect a Priority Access Tier, and tier. these bands that will be subject to the coordinate a General Authorized Access • Priority Access: As in the Citizens technical requirements described below. (GAA) Tier. By leveraging the SAS Broadband Radio Service, the a. Class A licenses would be computational power, protections can Commission proposes to create a authorized only for operations at a be tailored to the characteristics of the Priority Access Tier in which the minimum specified height above ground systems that require protection, Commission would make PALs level, would be authorized to use different uses with different available for geographic license areas. comparatively high power levels, and characteristics can be coordinated in a The Commission proposes to authorize would be required to use tight- similar area, and spectrum efficiency PALs within census tracts, with one- beamwidth antennas. Class B point-to- can be maximized. Based on the year, non-renewable license terms. The point licenses would be authorized experience with the coordination Commission believes that this approach transmit at streetlamp level, with system for the 70/80 GHz band, and the will provide licensees with the certainty somewhat relaxed beamwidth existing rules for the SAS, the required to promote investment while requirements in order to accommodate

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smaller antennas. The Commission Commission does not propose to require at a given location and communicate invites comment on the appropriate SAS to maintain position awareness of that information; height limits, power levels, and mobile user equipment. c. Register and authenticate the beamwidth constraints that would be g. The Commission proposes to identification information and location appropriate for these purposes. establish out of band emissions (OOBE) of incumbent, PAL and GAA licensees; b. The Commission proposes to limits for all equipment authorized to d. Enforce Exclusion and Protection authorize dynamic beamforming operate in these bands, and the Zones, including any future changes to antennas to provide in-band backhaul so Commission invites comments on the such Zones, to ensure compatibility long as they conform to the same appropriate technical parameters to between non-Federal users of spectrum beamwidth requirements, height apply for that purpose. in the 71–76 GHz and 81–86 GHz bands limitations, and other requirements that • Indoor Use: The Commission and incumbent Federal operations; apply to conventional antennas used for invites comments on the feasibility of e. Ensure that PAL and GAA licensees point-to-point links. authorizing unlicensed, indoor-only protect non-Federal incumbent users c. The Commission proposes to operations, subject to Part 15 of our consistent with the rules; authorize the same dynamic rules. The Commission has decided not f. Protect Priority Access Licensees beamforming antennas to serve mobile to adopt the NPRM’s proposal to from impermissible interference from user equipment, with further relaxation authorize unlicensed indoor-only other users; of beamwidth requirements, provided operations in the 37 GHz band, but the g. Facilitate coordination between that they are situated no higher than Commission believes that the GAA users to promote a stable spectral streetlamp level and provided further comparative amount of signal leakage environment; that their antennas are inclined through windows could be much lower h. Ensure secure and reliable downward at a minimum specified in the 71–76 GHz and 81–86 GHz bands, transmission of information between the angle when they are communicating and consequently would be less likely SAS, ESC, and PAL and GAA licensees; with mobile user equipment. The to interfere with outdoor operations. i. Provide any ESC that the Commission invites comment on The Commission seeks further Commission might approve with any appropriate beamwidths, inclination information on that issue, especially sensing information reported by PAL angles, power levels, and height from commenters that have performed and GAA licensees if available; constraints for these purposes. relevant tests or have access to the j. Facilitate coordination and d. The Commission proposes to results of such tests. The Commission information exchange with other SASs require that Class A license equipment notes that Part 15 already provides and exchange information, as needed, be professionally installed but that non- technical rules for indoor-only with NTIA. professionals be allowed to install Class operation in the 92–95 GHz band that 49. The Commission also seeks B license equipment and mobile base are similar to the rules in the existing comment on alternative methods of station equipment, provided that the 57–64 GHz band, but require that these authorizing additional access to these installer is equipped with the necessary devices be AC-powered in order to bands, including exclusive use licensing geo-location equipment or that the ensure that they only operate indoors. If and unlicensed. As discussed, equipment itself is capable of the Commission allows unlicensed authorizing new flexible use operations ascertaining its location and its operation at 71–76 GHz/81–86 GHz, in these bands is difficult given the orientation. should similar technical rules apply? incumbent fixed commercial and e. The Commission invites comment What additional restrictions should be Federal operations. How would an on technical requirements that would be added to ensure that this type of exclusive use licensing or unlicensed appropriate for different kinds of user equipment will not interfere with access models work? How would equipment in these bands, authorized services that are currently incumbents be protected and be differentiating between point-to-point, operating in these bands? Alternatively, permitted to expand? Could the handheld mobile equipment, and would registered indoor GAA use be a Commission auction overlay licenses mobile equipment that will typically be better mechanism for facilitating indoor that allow the auction winner to situated more than 20 centimeters away use of these bands? The Commission negotiate with the incumbents in the from people. The Commission proposes seeks comment on this and any other area for their rights? How could to require that user equipment be relevant issue regarding unlicensed and unlicensed operations sufficiently allowed to transmit only when it is indoor operations within this spectrum. protect incumbents? Have locked onto a serving base station, with • The Commission proposes to circumstances changed since the the possible exception of brief pilot or extend the same requirements and Commission declined to allow sounding signals. privileges to all parts of the United unlicensed operations in these bands in f. The Commission proposes to States, but the Commission also invites 2003? The Commission seeks comment require SAS to maintain and verify comment on the alternative of on these and other issues implicated in information from registered base establishing a separate regulatory any alternative licensing or stations and Fixed Service transmitters framework for the 16 counties that are authorization scheme. and receiver equipment under their heavily registered with incumbent 8. Bands Above 95 GHz coordination, and the Commission users. invites comment on the minimum • The Commission proposes to 50. In the NPRM, the Commission geographic positioning accuracy that the require SAS to be capable of performing noted that several parties expressed Commission should require, including the following operations: support for making additional spectrum accuracy with respect to altitude as well a. Determine the available frequencies available in the upper reaches of the as latitude and longitude. The at a given geographic location and spectrum, particularly above 95 GHz. Commission also seeks comment on assign them to PAL and/or GAA The Commission invited parties to requiring licenses to update registration licensees; submit proposals for use of this information if the location or b. Determine the maximum spectrum, including proposals for operational status of registered base permissible transmission power level authorizing use under our Part 15 rules station equipment changes. The for incumbent, PAL, and GAA licensees for unlicensed devices. Commenters

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generally did not respond to this research, Earth Exploration Satellite, expectation is that some of the issues request, but the Commission recognizes and similar users will actually operate? raised here may be further developed that the NPRM explored many spectrum What technical rules may be through the collaborative process issues and commenters may have appropriate? For parties supporting between the FCC, NTIA, DOD, and other chosen to focus on the specific unlicensed use, will it be necessary to Federal users set out in the Report and proposals for the frequency bands below control the locations of operation to Order, as well as through comments in 95 GHz. Moreover, the Commission is prevent harmful interference to radio response to this FNPRM. aware that operations above 95 GHz astronomy, space research, Earth 55. The Commission believes that a involve nascent technology that is being Exploration Satellite, or other services? robust coordination mechanism is developed by small companies that may If so, how could the areas of permissible essential to ensuring that both Federal not be accustomed to participating in operations be controlled under the and non-Federal fixed and mobile users FCC proceedings. Nevertheless, the unlicensed rules? For bands that have effective coordinated access to the Commission is committed to developing commenters believe should be made lower band segment. The coordination a record that will provide a basis for available on a licensed basis, should the mechanism will authorize a particular proposing rules that will encourage the new Part 30 rules or other service rules user to use a particular bandwidth of introduction of new services and apply? How would the Commission spectrum at a particular location. To do devices above 95 GHz. create a licensing scheme for signals so efficiently and effectively, it must be 75. The spectrum from 95 to 275 GHz that generally propagate over very short able to obtain information about the has been allocated for a variety of distances? Should the Commission type of equipment used, the signal different types of Federal and non- permit both mobile and fixed service? contour from the coordinated location, Federal radio services. In addition, the What technical rules should apply? The and the bandwidth requested compared international Table of Frequency Commission encourages parties to file with the bandwidth available. As Allocations has been extended from 275 comments addressing these matters. discussed below, it must also be capable to 1,000 GHz for specific services and, of regularly updating the status of a in a separate proceeding, the B. Federal Sharing Issues—37 GHz Band coordinated location (on/off or Commission is considering how to (37–38.6 GHz) authorized/unauthorized). Moreover, it amend the United States table. The 53. As the Commission indicated in will have to incorporate this type of bands above 95 GHz have already been the Report and Order, FCC staff will— information for both Federal and non- identified for services that typically in coordination with NTIA, Department Federal fixed and mobile uses. Here, the involve the reception of extremely weak of Defense (DoD), and other Federal and sharing environment is relatively signals, such as radio astronomy, space non-Federal stakeholders—further straight forward—there are limited research, and Earth Exploration define the sharing framework by more incumbent uses that need to be Satellite. All of the bands, with some fully developing the coordination protected, and Federal and non-Federal minor exceptions, are allocated on a co- mechanisms the Commission adopt for fixed and mobile users will have primary basis for Federal and non- the lower band segment. The coequal rights to the band. The Federal use. Commission also seeks comment on Commission also believes that the 51. The Commission recognizes that adopting methods for shared (Federal propagation characteristics of this band signals in the frequency bands above 95 and non-Federal) access of the upper might help minimize the complexity of GHz will attenuate rapidly, intuitively band segment, including through a use the coordination mechanism. tending to minimize the risk of harmful or share requirement, and how to 56. The Commission notes that interference to other radio services. facilitate coordination for potential historically the Commission has used However, this does not by itself provide future Federal access across the licensed manual frequency coordination a basis for proposing to allow use of any portions. Thus the Commission seeks managed by third party frequency spectrum above 95 GHz. The comment on the issues described below. coordinators. Recently however, the Commission believes the process of Commission finalized the rules for the 1. Coordination Mechanism for the facilitating technology above 95 GHz 3.5 GHz Citizens Broadband Radio Lower Band Segment can best be advanced by identifying Service, which relies not on a static specific frequency bands rather than 54. As explained in the Report and frequency coordination mechanism, but attempting to address all parts of the Order, the lower band segment is on a dynamic mechanism known as a spectrum above 95 GHz. Accordingly, available for coordinated coequal SAS that coordinates uses among the Commission takes this opportunity sharing between Federal fixed and different tiers of users, rather than on an to solicit information on the specific mobile users and non-Federal fixed and individual basis. The Commission seeks parts of the spectrum that would be mobile users. Non-Federal fixed and comment on the most appropriate most attractive from the standpoint of mobile users, which the Commission mechanism for the lower band segment. technology development while will identify as Shared Access Licensees Should the Commission rely on static, successfully coexisting with the types of (SALs), will be authorized by rule. manual frequency coordination, a radio communications services that Federal and non-Federal fixed and dynamic SAS-type mechanism, or operate under the existing allocations. mobile users will access the band by something in between? For instance, 52. In identifying specific frequency registering individual sites through a would the advanced capabilities of bands, the Commission asks coordination mechanism. The Report automated coordination from SAS commenters to provide specific analyses and Order explained that FCC staff will present advantages over other types of to justify any claims that there are no work with stakeholders, both Federal coordination? Is a full SAS risks of harmful interference to other and non-Federal, to help develop the implementation, consistent with the radio services. Which bands should be details of the coordination process. Part 96 requirements, appropriate here? made available for licensed or Here, the Commission seeks comment 57. The Commission also seeks unlicensed use? Is there sufficient on the coordination mechanism—that comment on the protection or operation information to identify where and on is, the regulatory, technical, or contours necessary for the coordination what frequencies both existing and procedural tool necessary to actually mechanism to reserve a quantity of planned radio astronomy, space facilitate coordinated access. Our spectrum at a location for a user. In the

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Report and Order, the Commission minimum channel size. Specifically, the tools to ensure the spectrum is put to established technical rules for operation Commission proposes to establish a 100 use consistent with the public interest? in the lower band segment, which are MHz minimum channel size. The consistent with the rules adopted for the Commission also proposes, however, to 4. Priority Access for Federal Users of 28 GHz band, the 39 GHz band, and the allow users to aggregate 100 MHz the Lower Band Segment upper band segment of the 37 GHz channels into larger channel sizes, up to 63. The Commission recognizes that band. Based on this technical the maximum of 600 MHz where Federal users’ needs are not necessarily information, should the Commission available (subject to use requirements as commensurate with non-Federal users’ establish a maximum protection contour described below). for coordinated sites? Alternatively, 61. The Commission also finds that needs. The use cases will likely differ, should the Commission allow the our proposal to adopt a minimum the level of certainty and protection or coordinated party to request less or channel size of 100 MHz strikes the a use related to a critical defense or more protection? right balance between providing enough national security mission may vary. The 58. Although non-Federal fixed and spectrum for a diversity of wireless uses Commission therefore seeks comment mobile users must follow the with helping to minimize the on whether the Commission should coordination requirements that the complexity of the coordination make a portion of the lower band Commission adopted in the Report and mechanism. The Commission notes that segment available for priority access by Order to protect the Federal sites listed while most commenters in this Federal users. For instance, should the in Section 30.205 of our rules, the proceeding generally favor channel sizes Commission allow Federal users to Commission seeks comment on how to of 200 MHz or greater, other claim priority access to up to 200 MHz ensure coexistence between Federal and commenters suggest that smaller of the 600 MHz lower band segment? non-Federal fixed and mobile users. channel sizes can still facilitate robust Could the coordination mechanism Ideally, Federal fixed and mobile uses wireless broadband services. By statically reserve this space or would comply with the same or similar permitting users to aggregate up to 600 dynamically make it available when technical requirements as non-Federal MHz channels, the Commission found requested? For instance, if the entire fixed and mobile uses. For instance, that it has enabled maximum flexibility band is in use, could the database NTIA might establish in its Manual of for a variety of use cases involving a reconfigure the channels or clear the Regulations and Procedures for Federal variety of channel sizes. The Radio Frequency Management a set of Commission seeks comment on these necessary channel size? technical rules for operations in this proposals. The Commission also seeks 5. Interference Mitigation in the Lower band, there could be a notation in the comment on alternative approaches, Band Segment U.S. Table of Frequency Allocations, or including whether the Commission the Commission could rely on some should adopt 100 MHz or a larger 64. The Commission seeks comment other means. The Commission seeks minimum channel size. In addition, the on any necessary enforcement comment on these and other Commission seeks comment on whether mechanism in the lower band segment mechanisms. Absent consistent (or the Commission should refrain from to help identify and rectify interference known) technical rules governing setting a minimum channel size and events. Because the Commission Federal operations, how should the instead require the coordination proposes to require users in the lower coordination mechanism account for mechanism to attempt to maximize the band segment to coordinate on a site- their protection or operational area of number of users in a given area. basis, it may be easier to identify and these operations? rectify any interference issues that may 59. Finally, the Commission seeks 3. Authorization Expiration/ arise. The Commission recognizes, comment on how best to coordinate Construction Requirement for the Lower however, that there may be users and Federal access. Is it feasible for Federal Band Segment users to rely on the same coordination 62. To achieve a robust and efficient uses, both Federal and non-Federal, for mechanism as non-Federal? How should sharing environment and prevent which any interference may be the coordination mechanism address spectrum warehousing, the Commission significantly problematic. Therefore, the information security issues particular to proposes that registered non-Federal Commission seeks comment on any Federal users? The Commission seeks sites must be put into service within additional interference mitigation and comment on the means of achieving seven days of coordination and that enforcement mechanisms that might be information security, including ways for registered and coordinated sites must necessary. reassert their registration every seven the information to be masked, e.g., by 6. Secondary Market Policies for the having Federal users coordinate through days. For example, if the Commission Lower Band Segment a Federal intermediary that interfaces relies on a database for coordination, a with the non-Federal coordination user could query the database for 65. Finally, the Commission seeks mechanism, such as the existing available frequencies at a location, and comment on whether and how to apply reserve those frequencies for seven days. mechanism in the 70/80/90 GHz band. secondary market rules to the lower Within seven days, it would need to band segment. As proposed, the band 2. Channelization of the Lower Band activate a device that is capable of Segment notifying the database that it is active on will be made available on a site-by-site 60. As discussed in the Report and the channel. That device would then basis. Partitioning and disaggregation Order, the lower band segment consists check in with the database (or receive generally do not apply in site-based of 600 MHz of spectrum from 37–37.6 and respond to a message from the licensing circumstances. Should they GHz. Although the Commission adopted database) at least once every seven days. apply here, and if so, how? Should the a channelization plan for the upper If the device fails to check in within the Commission apply our leasing rules? band segment, the Commission did not seven day period, its authorization What are the benefits to secondary do so for the lower band segment. Thus, would lapse. The Commission seeks market rules for the lower band segment the Commission proposes to guarantee comment on this proposal. Are these relative to other ways to gain access to users in the lower band segment a time frames appropriate? Are there other the spectrum?

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7. Use It or Share It and Federal Sharing necessary. Under our proposal, the Federal users? What standards should in the Upper Band Segment upper band segment licensee would the Commission establish for 66. As described in the Report and retain the primary right to construct and consideration of such coordination Order, the upper band segment, 37.6– provide service anywhere within its requests? Are there alternative ways of 38.6 GHz, is divided into five channels license area at any time, and any ensuring that Federal users can take each 200 megahertz wide. The upper operations undertaken on a shared basis advantage of their co-primary fixed and band segment will be available on a would be subject to displacement by the mobile allocations while protecting the geographic basis (with protected Federal primary licensee. The Commission rights of non-Federal licensees? Are sites) via auction. The technical and therefore proposes to require licensees there lessons and recommendations that service rules the Commission adopted to provide information about the extent the Commission can incorporate form allow continuity between the upper of their operations at some future point the ongoing work within the Commerce band segment and the 39 GHz band, in order to enable shared access. Spectrum Management Advisory which provides 2400 MHz of contiguous 69. The Commission also seeks Committee? The Commission seeks spectrum under the same licensing and comment on when the Commission comment on all issues relating to technical rules. Given the types of uses should phase in shared access. Would it Federal access to the upper band that may be deployed in the 37 GHz be appropriate to phase in shared access segment. band and the flexible build out at the end of the initial license term, or C. Performance Requirements requirements that the Commission would it be appropriate to adopt a adopted in the Report and Order, there sharing requirement at an earlier time 1. Additional Metrics may be significant unused spectrum in (e.g., 5 years from the date the upper 70. In the Report and Order, the in the upper band segment at any given band segment geographic area license is Commission adopted a list of time. To improve the spectrum granted). The Commission seeks performance metrics for measuring efficiency and provide an opportunity comment on the scope of the sufficient use of a license to qualify for for Shared Access Licensees and Federal information that the incumbent licensee renewal. The Commission users to expand in a manner that does must provide to the coordinating acknowledged that this list is not not impact geographically licensed uses, mechanism. Would a map with simple exhaustive, and in particular, does not the Commission proposes to permit protection contours be sufficient, or contain metrics designed to shared access of the unused portions of would additional information be accommodate new and innovative the five channels in the upper band necessary? The Commission also seeks services that may develop in the segment, under certain conditions. The comment on the appropriate mechanism millimeter wave bands. The Commission also seeks comment on for dealing with multiple requests to Commission therefore seeks comment establishing a process by which Federal share the same spectrum in the same on additional performance metrics that users could coordinate with licensees location. Should the Commission adopt will better accommodate these new for future expanded access in the upper a first-come, first-served approach, services while fulfilling our statutory band segment. require multiple parties to share unused obligation to encourage productive use 67. The Commission notes that it has spectrum amongst themselves, or adopt of spectrum and avoid warehousing and found spectrum sharing to be an some other mechanism? In the Report speculation. effective tool to maximize spectrum and Order, the Commission established 71. In particular, the Commission efficiency. In the 700 MHz band, the coordination zones around three Space seeks comment on an appropriate metric Commission adopted a performance Research Service (SRS) sites and 14 to evaluate the deployment and requirement that results in the licensee military sites that apply across the performance of an Internet of Things losing its unconstructed license area. In entire 37 GHz band, including the upper (IoT) type service, which is designed the Citizens Broadband Radio Service, band segment. As the Commission primarily to facilitate machine-to- Priority Access License areas that are envision non-Federal users being able to machine communication. Such services not in use must be made available for coordinate for access on within the 14 may or may not be deployed in areas of General Authorized Access use. military sites, the Commission seeks substantial residential population, and Moreover, in the Report and Order, to comment on additional circumstances may or may not be designed to serve meet the applicable performance and methods under which the upper unaffiliated customers. Examples of this requirements, licensees in the 28 GHz band segment can be made for expanded type of service would include the and 39 GHz band may choose to share future Federal use, in addition to the Supervisory Control and Data access to their licensed spectrum. shared access scheme. For example, Acquisition (SCADA) systems described Furthermore, the Commission believes should the Commission establish a by Southern Co. Because of the unique that the prospect of future shared access required coordination process under characteristics of these machine-to- (on a coordinated and non-interference which Federal users could formally machine services, the Commission basis) to the remainder of the band may request coordinated access from a proposes to develop a distinct metric by create incentives for investment and licensee? If the Commission establishes which to measure the deployment of innovation in the shared channel. such a process, how does the such services, rather than attempting to 68. The Commission understands that Commission properly balance the modify a population coverage approach upper band segment licensees may respective rights and interests of Federal for this purpose. The Commission seeks make reasonable business decisions to users and non-Federal licensees? How comment on this proposal, including not serve particular parts of a licensed would the Commission ensure co- specific suggestions for what aspects of area, and that these decisions may existence between deployed commercial such services should be measured, how change over time. In an environment systems (or planned systems) and the they should be measured, and what where these unserved areas are shared, Federal system that is seeking specific levels would constitute an it is important to be able to both coordinated access? Should the acceptable level of service. accurately identify the areas in use and Commission impose an obligation on 72. In the Order, several commenters enable the geographic area licensees to UMFUS licensees to consider in good suggested that the Commission measure expand or contract their coverage as faith such coordination requests from performance for all services in the

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millimeter wave bands on the basis of combinations of mobile and fixed 78. The Commission seeks comment actual use of the service, including deployment, where either mobile or on variations of a use it or share it number of devices connected, volume of fixed is increased relative to the other? mechanism. A potential drawback of a data transmitted, or number of sessions Or should the Commission establish keep what you use mechanism is that initiated on the network. The variations depending on the population the Commission must reclaim, and later Commission seeks further comment on density of a given license area, the land re-auction, the unused portions of the these metrics, including specific mass of the area, or some other factor? band, which takes time and minimizes numbers for the levels of devices, The Commission seeks comment on any a licensee’s ability to decide later to sessions, and data volume that other means to provide flexibility and deploy in an area (which is also a commenters believe would be clarity in how the Commission may feature of the approach because it appropriate milestones. Would one of measure combined showings, or incentivizes maximum initial these metrics be the most appropriate whether the Commission should deployment). Use or share mechanisms way to measure deployment of an continue to review the showings on a permit a licensee to retain control of its Internet of Things or machine-to- case-by-case basis as contemplated in license area, but require the licensee to machine type service? The Commission the Report and Order. share with other entrants in portions of also seeks comment on whether and the license area in which it is not 2. Sharing Mechanisms how it would be practical to implement operating. A use or share mechanism this type of usage-based requirement. 76. Given the relatively limited record may be less administratively How could the Commission verify on the substantive issues regarding burdensome than keep what you use, information provided by licensees? mechanisms for sharing unused and may also allow a greater number of Should all kinds of devices, sessions, portions of UMFUS licenses, the users to access the shared spectrum. and/or data be counted equally? How Commission seeks further comment on There are a number of possible should such a requirement be structured the possibility of implementing a use-or- variations of use or share, all of which to ensure that it both measures and share regime in the UMFUS bands. The share characteristics of basic frequency encourages meaningful service, rather Commission continues to believe that a coordination. than gamesmanship? use-or-share regime may have the 79. One option would be to automate 73. As some commenters note in this potential to enhance the efficiency and shared access to enable dynamic proceeding, licensees in these bands productivity of spectrum, if properly opportunistic sharing. In a dynamic may seek to provide service to areas implemented. In particular, given the sharing solution, licensees would have with high daytime or transient propagation characteristics, and high some initial period of time to build out populations but low or no residential potential for re-use, of the mmW their networks. After this period, populations, such as corporate spectrum, the Commission seeks information about the extent of campuses, interstate highways, or event comment on whether such a regime licensees’ deployment would be made venues. The Commission seeks could maximize the efficient use of available, and other entities would be comment on how to define such these spectrum bands. The Commission free to deploy outside of the area used locations for the purposes of evaluating further seeks comment on the costs and by the licensee’s operations on a service coverage. The Commission also benefits of adopting mechanisms for coordinated basis, subject to further seeks comment on the appropriate sharing unused UMFUS spectrum, as expansion by the licensee. The framework for incorporating coverage of well as on the incentives that particular Commission seeks comment on whether such locations into an overall sharing regimes will create. In addition, an automated dynamic use or share performance metric. Would a venue per the Commission seeks comment on the mechanism would be appropriate in the population metric be appropriate, appropriateness of requiring UMFUS mmW bands. Generally, these shared similar to the current treatment for fixed licensees to share unused portions of users would need to operate similar links? Should the applicable milestone their license in addition to, or in lieu of, technologies subject to the same be based on the daytime or transient meeting specific construction technical rules as the licensee to population served by such venues or requirements, particularly in maximize spectrum efficiency and traffic corridors? How should such geographically licensed bands such as economies of scale with respect to population be measured? 28 GHz and 39 GHz. equipment. The Commission seeks 74. The Commission also seeks 77. In crafting an effective mechanism comment on whether the propagation comment on any other types of service to share unused spectrum, there are two characteristics of these bands might being contemplated by potential governing considerations: first, ensuring facilitate shared access with slightly providers, as well as metrics that would the licensee has exclusive use of the different technical rules. With respect to be appropriate to measure performance areas in which it is using the spectrum; the sharing mechanism, what types of or build-out of those services. and second, creating an efficient information, and what level of detail, 75. Finally, in the Report and Order mechanism that both makes unused would be required to facilitate dynamic the Commission explained that spectrum available and protects the sharing? Should opportunistic users be licensees may demonstrate licensee from interference. There are a authorized on a license-by-rule basis, or combinations of fixed and mobile variety of potential options for by some other method? Should deployments in order to meet their enhanced sharing mechanisms that opportunistic users be afforded some performance requirement, and that the address these considerations. The level of interference protection from Commission intended to review the Commission seeks comment generally each other, and if so what should that showings on a case-by-case basis. Here, on the following opportunistic sharing level be? the Commission seeks comment on mechanisms: a fully dynamic sharing 80. Another option is to rely on more whether to establish clear benchmarks solution, facilitated by a SAS or other traditional frequency coordination, or even guidance for the amount of third-party database; a modified shared typically used in point-to-point buildout that might be adequate in these access system that would be less microwave, shared millimeter wave combined showings. For instance, dynamic but simpler; an unlicensed bands, and other services today. Under should the Commission establish a scale shared access approach, similar to white a simple frequency coordination with levels showing acceptable spaces, and other alternatives. process, the licensee’s operations would

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be protected around a contour, and new to drive more special-purpose D. Mobile Spectrum Holdings Policies sites would be individually coordinated equipment development? 85. In the Order, the Commission into the license area. While a database 83. To the extent that the Commission adopted an ex ante spectrum could further automate this process, it implements any variation of a use it or aggregation limit of 1250 megahertz that may not be necessary given the share it mechanism in the mmW bands, will apply to licensees acquiring relatively simple sharing regime. The certain key aspects of that mechanism spectrum in the 28 GHz, 37 GHz, and 39 Commission seeks comment on whether must be defined. Most importantly, the GHz bands through competitive a sharing mechanism based on Commission seeks comment on how to bidding.4 By helping to ensure that traditional frequency coordination define a licensee’s ‘‘use’’ of its licensed multiple providers have access to the would be appropriate for the mmW spectrum. Should ‘‘use’’ be defined spectrum the Commission made bands. geographically, either by the service available in the Report and Order, the 81. Yet another option is to area of a network or by a defined radius spectrum aggregation policies the established pre-defined geographic areas or contour around deployed equipment? Commission adopted support our that will be available for shared access, In the Citizens Broadband Radio overarching goals of facilitating depending on a licensee’s construction. Service, the Commission recently competition, innovation, and the For instance, if a licensee meets its adopted an engineering metric to efficient use of the spectrum. The performance requirement, the determine the extent to which Priority Commission seeks comment below on Commission could find that any county Access Licenses are in use. Licensees additional mobile spectrum holdings (or other unit of geographic area) in can define the area of use subject to an issues related to how to implement the which it has any operation is objective maximum. Should the spectrum aggregation limit; the unavailable for sharing. For example, a Commission follow this model? Should appropriate holding period; and licensee of a PEA might deploy heavily ‘‘use’’ be defined differently for different whether a spectrum aggregation limit in some counties but not others; the types of deployments, for example would be appropriate as additional heavily-deployed counties would then mobile vs. fixed links? Additionally, the ‘‘frontier’’ spectrum bands become be deemed ‘‘in use,’’ while the counties Commission seeks comment on how available. with no deployment would be available best to allow the licensee room to 1. Implementation of a Spectrum for opportunistic use in undeployed expand beyond its area of actual Aggregation Limit at Auction areas. The Commission seeks comment deployment (or its ‘‘used’’ spectrum, on the appropriateness of this 86. Of the 986 designated license however ultimately defined). For mechanism as a whole, and on the areas in the 28 GHz band, 412 areas example, should the Commission define specific details. What level of have active licenses, which cover about a contour for an additional protected subdivision would best accommodate 75 percent of the U.S. population, while area? If so, on what basis and how often both licensee certainty and sharing the 37 GHz band is not yet licensed, and should the Commission do so? Should opportunity? Should the Commission in the 39 GHz band, current licensed the Commission set some level at which stop at the county level, or should the areas cover about 49 percent of the U.S. a subdivision of a license area would be Commission further subdivide into population. Further, in terms of declared ‘‘used’’ in its entirety, and off- census tracts or census blocks? What geographic licensed areas, the 28 GHz level of deployment in each subdivision limits to opportunistic use? If so, what band will be licensed on a county basis should qualify that area for ‘‘used’’ subdivisions and what level of across the U.S., while the 37 GHz and status? How should the Commission deployment would be appropriate (e.g., 39 GHz bands will be licensed by PEA. enable sharing—through a database, 40% of the geographic area of a census 87. For purposes of assessing individual coordination, or some other tract)? Finally, the Commission seeks eligibility to bid across the three method? comment on the appropriate level of spectrum bands any given entity cannot protection for licensees at the hold more than 1250 MHz of this 82. Finally, the Commission also boundaries between ‘‘used’’ and spectrum in total. Taking into account seeks comment on implementing ‘‘unused’’ areas. Should the level of existing incumbents’ holdings in the 28 unlicensed shared access, similar to TV cross-border interference protection be GHz band and the 39 GHz band, as well white spaces, in the unused portions of as different geographical license areas, the UMFUS bands. In this case, the same as that between two licensees, the Commission put forward and seeks opportunistic users would operate on an or would some other limit, either higher comment on two alternative unlicensed basis at lower power in any or lower, be more appropriate? methodologies for assessing bidding area where the licensee was not actually 84. In addition to the inquiries above, eligibility. The Commission asks for deployed. The Commission seeks the Commission seeks comment on any comment on which methodology is comment on whether and how to other mechanisms of opportunistic more appropriate, and why. The implement such a system in the sharing that could enhance spectrum Commission also asks that interested millimeter wave bands. Would this efficiency in the UMFUS bands, as well parties comment on the likely costs and system require a third-party database, as any other aspects of such a system benefits associated with each similar to the dynamic sharing solution? that would be required to ensure it methodology. Are there additional How should the Commission draw the could be reliably and effectively methodologies beyond the two contours around licensee deployments? implemented. The Commission alternatives set out below that would be Should the Commission use a fixed especially seeks comment from any more appropriate to adopt? If so, the radius, or an interference contour at a entity interested in using spectrum on an opportunistic basis in these bands. certain level, or some other metric? 4 The Commission adopted a spectrum threshold Would this method be preferable to a What technologies or business cases of 1250 MHz in the Order for proposed secondary dynamic sharing solution where the would lend themselves to this type of market transactions, and noted that while this 1250 opportunistic users and the licensee spectrum access? Which sharing MHz threshold would help identify those markets mechanism, described above or that provide particular reason for further followed the same technical rules? Are competitive analysis, the Commission’s there technical benefits to this otherwise, would best accommodate consideration of potential competitive harms would approach? Will there be sufficient scale that use? not be limited solely to those markets.

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Commission invites interested parties to population data), and then divide that 92. The Commission proposes a present their alternatives. Which sum by the total population of the PEA. period of three years, given the nascent methodological approach should the This would provide us with the nature of the frontier spectrum in the 28 Commission use and how best would population-weighted amount of 28 GHz GHz, 37 GHz, and 39 GHz bands and the the Commission implement it? and 39 GHz spectrum held by that likely rapid development of multiple 88. The first methodology that the incumbent in that PEA. The entity use cases for this spectrum. While the Commission invites comment on is the would then be able to bid on 28 GHz Commission could establish a holding ‘‘maximum county-to-PEA’’ option. spectrum (by county, and any winning period tied to the length of the license Under this option, if any incumbent bid would be weighted by the county term or build out period for licensees in licensee in the 28 GHz band, for population divided by the PEA these bands, a shorter three-year holding example, holds such spectrum, its population), and 37 GHz and 39 GHz period that is half of the buildout period spectrum holdings at the county level spectrum (by PEA or partial PEA), up to the Commission established for would be counted at the PEA level the population-weighted limit of 1250 incumbent licensees in the 28 GHz and when determining eligibility to bid on MHz. To determine eligibility to bid for 39 GHz bands may best serve the public 37 GHz and 39 GHz spectrum. For those entities who do not currently hold interest by allowing flexibility while instance, if an incumbent licensee licenses in the 28 GHz or 39 GHz bands, still preventing entities from currently holds two licenses, or 850 the Commission would also calculate undermining our ex ante spectrum MHz of spectrum, in the 28 GHz band prospective holdings based on a aggregation policies. The Commission in any county within a PEA, then that population-weighted average within the seeks comment on our proposal. To the licensee’s 28 GHz spectrum holdings PEA. Overall, any entity would not be extent commenters support a longer would be counted as 850 MHz for the able to bid on certain spectrum if, across holding period, the Commission seeks PEA as a whole. In addition, that same the three bands, it would hold 1250 comment on how a longer holding licensee’s 39 GHz holdings, if any, megahertz or more on a population- period would better help the would be added on to its 28 GHz weighted basis. The Commission seeks Commission achieve its objectives for holdings of 850 MHz. That licensee comment on this second methodology the use of this spectrum. If a longer would then be able to acquire a for determining eligibility to bid. holding period is warranted, how long maximum of an additional 400 MHz of should it be? For example, should the 2. Holding Period spectrum across the 37 GHz and 39 GHz length of the holding period be based on bands if it so chose (this maximum of 90. In addition to the decisions made the 10 year license term and 400 MHz assumes it has no current in the Report and Order, the performance benchmarks for new holdings in the 39 GHz band). Similar Commission seeks comment on our licensees that the Commission adopted calculations would apply in the 39 GHz proposal to adopt a holding period that in the Order or would a different band. For instance, for those licensees would preclude certain proposed holding period be appropriate? The that currently hold more than 400 MHz secondary market transactions for Commission asks commenters to of spectrum in the 39 GHz band in any licensees that acquire certain amounts address how it can best balance its county in a given PEA, such entities of 28 GHz, 37 GHz, and/or 39 GHz general policy of promoting flexibility would be unable to bid on both licenses spectrum at auction. In the Mobile in secondary market transactions with in the 28 GHz band but potentially Spectrum Holdings Report and Order our goals of encouraging competition could still bid for one license in the 28 (see Policies Regarding Mobile Spectrum and facilitating the deployment of new GHz band, as well as on 37 GHz Holdings; WT Docket No. 12–269, services and innovation to the benefit of spectrum and additional 39 GHz Report and Order, 29 FCC Rcd 6133 consumers. spectrum. To determine bidding (2014)), the Commission established a eligibility across the three bands for six-year holding period, which 3. Spectrum Aggregation Limits for those entities who do not currently hold represented the interim buildout period Additional Spectrum Bands licenses in the 28 GHz or 39 GHz band, for 600 MHz licensees, restricting 93. The Commission determined in the Commission would similarly count certain proposed secondary market the Order that grouping spectrum in the maximum spectrum holdings in transactions for 600 MHz band 28 GHz, 37 GHz, and 39 GHz bands counties at the PEA level. The licensees. The Commission determined together for purposes of applying these ‘‘maximum county-to-PEA’’ option is a that establishing a holding period best mobile spectrum holdings policies is simple way to calculate spectrum balanced its goals of preserving the appropriate in view of the similar holdings in which the licensing areas of integrity of the market-based spectrum technical characteristics and potential each band have varied geographies, and reserve it had established while still uses of spectrum in these bands. The the Commission seeks comment on this permitting some flexibility in secondary Commission seeks comment on the first methodology for determining market transactions. proposal to apply spectrum aggregation eligibility to bid. 91. The Commission proposes to policies generally in the bands the 89. The second methodology that the adopt a holding period for licensees Commission proposes making available Commission invites comment on is the acquiring spectrum in the 28 GHz, 37 in this Further Notice. The objective of ‘‘population-weighted-average’’ option. GHz, and/or 39 GHz bands. In the spectrum aggregation polices the This option involves calculating an particular, the Commission seeks Commission adopted in the Order is to entity’s current spectrum holdings on a comment on our proposal to adopt a promote competitive conditions and county-by-county basis within a PEA in holding period that would restrict help ensure that multiple providers the 28 GHz and 39 GHz bands, and then certain proposed secondary market have the ability to acquire mmW constructing a population the weighted transactions for mmW licensees spectrum as it becomes available, while average for that PEA as a whole. For necessary to support the spectrum avoiding the excessive concentration of incumbent licensees in the 28 GHz and aggregation policies the Commission licenses. Further, to the extent these 39 GHz bands, the Commission would adopted in the Report and Order, as bands to be made available have similar sum the product of county spectrum well as our objective of ensuring that technical characteristics and potential holdings and county population within multiple providers will be able to access uses as the 28 GHz, 37 GHz, and 39 GHz the PEA (using U.S. Census 2010 mmW spectrum as it becomes available. bands, the Commission proposes to use

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the approximately one-third threshold explicitly list the assumptions they operations, the Commission asks of the total amount of spectrum as our made concerning both terrestrial and terrestrial operators and equipment starting point but recognizes that its satellite operations. Studies should manufacturers to provide a specific understanding of the appropriate study both fixed and mobile terrestrial analysis in response, with an approach for these bands is developing operations. If a commenter believes a explanation for the specific parameters and that other thresholds may be study submitted by another commenter used in their analysis. The Commission appropriate. Is the approximately one- is not valid, it should list the specific also seeks comment on whether the third threshold appropriate or are there assumptions or analysis that it believes benefit to FSS operators of enhancing alternative thresholds that the are not valid and provide its own the ability to operate user equipment in Commission should consider? What are assumptions or analysis. Ultimately, the the band outweighs the burden to the likely benefits and costs of our Commission believes the burden is on UMFUS licensees of providing proposed threshold? The Commission FSS interests to show that the higher information on their deployments. The asks interested parties to provide us PFD level is consistent with terrestrial Commission asks both FSS operators with any alternative approaches to the use. Terrestrial interests do have an and terrestrial operators to provide appropriate spectrum aggregation obligation to provide sufficient specific data on the relative costs and policies for these bands as they become information concerning the nature of benefits. their systems to allow other parties to available. F. Digital Station Identification analyze the interference impact of a E. 37.5–40 GHz Band Satellite Issues higher PFD level. 99. Currently, AM/FM/TV 1. Satellite Power Flux Density Limits broadcasters are required to announce 2. Authorizing Satellite User Equipment their call signs, as are land mobile 94. The Commission does not believe 97. The Commission seeks comment station operators. Adopting a similar the current record is sufficient for us to on the possibility of repealing the requirement for millimeter wave band conclude that authorizing satellites to prohibition on satellite user equipment operations could make it easier to ¥ operate at the higher PFD of 105 in the 37.5–40 GHz band. Initially, the identify and monitor signals, which in dBW/m2/MHz would be consistent with Commission asks satellite interests to turn could make it easier to find sources terrestrial use of the 37.5–40 GHz band. provide further information concerning of interference to these systems. In theory, the same rain storm that the need and demand for user Accordingly, the Commission seeks impairs satellite reception might be able equipment in that band. The comment on requiring a digital to shield earth stations if the satellite Commission notes that FSS user identification (digital ID) for the raises its power level; the problem is equipment can receive in the 40–42 GHz millimeter wave band systems under that rain will rarely be uniformly band, which is not licensed for consideration in this proceeding. present throughout a spot beam’s terrestrial operations. Are there uses for Specifically, should operators be footprint, leaving at least some which access to the 40–42 GHz band is required to transmit an ID that is readily terrestrial stations unshielded or insufficient? The Commission asks FSS observable and decipherable by the inadequately shielded by rain and, providers to provide specific examples Commission and/or other users that hence, vulnerable to any increase in the and data demonstrating the need for could be used to identify the operator/ spot beam’s PFD level. Unlike with user equipment in the 37.5–40 GHz licensee of an unknown and/or respect to the 28 GHz band, the issue of band. interference source? satellite-terrestrial coexistence in the 39 98. Assuming a need exists, the 100. If so, the Commission seeks GHz band has received relatively little Commission seeks comment on the comment on the details of such a digital attention. appropriate manner of authorizing ID requirement. For example, should the 95. At the same time, the Commission satellite user equipment. The ID requirement apply to all millimeter recognizes that Boeing has submitted a Commission agrees with ViaSat’s wave band services, or be limited to study which shows that coexistence is observation that because user licensed services, non-licensed services, possible, even at the higher PFD level. equipment in this band would be or fixed operations? Alternatively, Boeing’s presentation suggests that receiving, it would not cause should it apply to all transmissions terrestrial mobile units might be able to interference to terrestrial operations. above a certain power limit or antenna suppress interfering signals from One option would be to adopt ViaSat’s height, or be limited to transmissions satellites if the satellite signals arrive at proposal to allow FSS user equipment with some other technical parameter? If sufficiently high angles of elevation. On purely on a secondary basis at their own so, what should those technical the other hand, Boeing assumes a risk. If the Commission adopted that parameters be? If there is an ID maximum distance of 200 meters proposal, the Commission emphasizes requirement for unlicensed equipment, between mobile units and base stations. that the equipment would truly be on a what should the content of the ID be? The Commission believes the record secondary basis and that FSS user Should unlicensed equipment would benefit from further development equipment would have no expectation authorization holder or equipment user on this issue. of interference protection. A variation be required to register in a nationwide 96. Accordingly, the Commission on that option, based on the analysis database that would allow either the seeks further comment on whether there Boeing has done, would be to require FCC and/or anyone to search an ID for are any circumstances under which terrestrial operators to provide operator contact information? Should allowing FSS satellites in the 37.5–40 information on their deployments to the ID be continuously broadcast, GHz band to operate at a higher PFD FSS providers through a database, similar to consumer Wi-Fi routers, only level than permitted under the existing which the FSS providers could then use when the transmitter is operational, or rules would be consistent with to determine where user equipment only at regular intervals? Finally, should terrestrial use of the 37.5–40 GHz band. could operate without interference. The there be a labeling (or software screen If a higher PFD limit would be Commission asks other parties to display) requirement for the equipment appropriate, what limit should the comment on Boeing’s technical analysis. itself that identifies the owner/operator? Commission adopt? Commenters should To the extent Boeing relies on erroneous If so, should the requirement apply to provide detailed technical studies that data concerning the nature of technical all millimeter wave band equipment, or

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only to fixed or mobile equipment, only limits for mobile and transportable channel coordination. The Commission to outdoor equipment, or only to some classes such as the Commission did for seeks comment first on whether the other subset of millimeter wave band base stations? If so what should the existing coordination distances for equipment? minimum band width scaling factors be traditional fixed point-to-point for these classes of equipment based on operations are still appropriate given G. Technical Issues the power levels the Commission smaller market area sizes. The 1. Antenna Height adopted in the Report and Order? What Commission also seeks comment on 101. The Commission seeks further is the minimum bandwidth that should whether the coordination distance comment on whether antenna height be established for these two classes of should incorporate other technical limits are appropriate and, if so, what equipment in relation to the adopted criteria into factoring the distance. For transmit power limits? Should the example, should the coordination thresholds and corresponding establishment of these limits be distances be dependent on the reductions in power should apply at comparable to the rules that currently orientation of the fixed point-to-point higher antenna heights. Considering exist for part 27 frequency bands? antenna relative to the market what future wireless networks are boundary? Should the coordination envisioned to be, are the antenna height 3. Coordination Criteria at Market distance be reduced in cases where a thresholds and corresponding power Borders for Fixed Point-to-Point directional antenna is pointed away reductions in the existing Part 24 (PCS) Operations from the market boundary? Should the or Part 27 rules appropriate for future 103. In the Report and Order, in coordination distance be dependent on mmW mobile base stations? Based on particular with smaller licensed areas, other technical factors such as the EIRP what has been presented on the record, the Commission recognized that the of the transmitting station, gain of the mobile mmW base stations in this band existing coordination distances of 16 km antenna, or other factors? The may be more likely deployed at street for 39 GHz and 20 km for 28GHz result Commission requests comment on these lamp post height, and will not be in coordination zones that encompass a issues. The Commission requests that deployed at the heights of traditional large part of many license areas. In fact, commenters support any proposal with mobile base station deployments. In that in the context of 28 GHz county based technical analysis. context is the 305 meter threshold licenses, the entire market area is currently in Part 27 valid or would subject to the coordination requirement 4. Sharing Analysis and Modeling lower thresholds be appropriate? Is in many cases. In adopting market 104. The wireless industry, standards there an alternative maximum height border limits and coordination groups, government organizations, and that should be considered? Conversely, requirements our goal is to ensure that academia are currently engaged in given the existing PFD limits that the there is a mechanism in place to developing propagation models for Commission has adopted to control mitigate interference between adjacent millimeter wave bands. The National interference at market boundaries and at area licensees without creating an Institute of Standards and Technology the edge of an earth station contour, are unnecessary burden on licensees. While (NIST) and the European Commission’s additional antenna height restrictions the Commission recognizes that under 5G partnership with industry have and corresponding power reductions our rules adjacent area licensees are able active study groups looking at even necessary? The Commission to negotiate and agree to mutual terms millimeter wave propagation modeling. tentatively proposes to adopt antenna and criteria that deviate from the market Academia have published papers height and power limits similar to those border and coordination limits imposed describing several models such as the in our Part 27 rules. However, the in our rules, the Commission also Close In (CI) and alpha-beta-gamma Commission seeks comment on whether believes that the changes that the (ABG) free space reference distance power limits based on antenna height Commission adopted to market sizes models. The Commission seeks are necessary and/or whether any warrants re-examination of the market comment on whether these or other modifications should be made to either boundary coordination requirements models are appropriate propagation the height thresholds or the power that were originally developed in the models to apply when analyzing inter- limits at specific heights that the context of larger market sizes. Therefore, service interference between terrestrial- Commission have proposed. The the Commission now seeks to create a based transmitters and receivers of Commission also seeks comment on record with an eye toward reducing the different services. There are several whether there would there be any coordination burden on licensees. The factors that are common to the benefit in requiring antenna downtilt for Commission notes that in its comments interference effects in both directions to antennas above a certain height? in response to the NPRM, Sprint and from 5G stations, including antenna recommends that the Commission beam forming, the location and height of 2. Minimum Bandwidth for Given BS/ require an operator proposing to initiate antennas, and the propagation distance MS/Transportable Transmit Power new fixed operations to coordinate and environment between other systems Levels those operations with the adjacent block and the 5G stations. Lower gain 5G 102. For applications and operator when a new fixed transmitter antennas that are mostly indoors in technologies that operate under the would be located within 3 km and cluttered environments and at lower umbrella of the next generation of within +/¥ 10 degrees of the receive heights will reduce the degree of RF wireless networks, is it worth azimuth of an existing fixed receiver, or coupling in both directions, and considering a sub-set of networks that a new fixed transmitter would be within therefore reduce the propagation path might operate with band widths less 1 km of an existing fixed receiver, but loss required to meet interference than 100 MHz and how the maximum outside the +/¥ 10 degree receive threshold limits. Which millimeter power limits adopted should be antenna main lobe, in order to avoid wave propagation models are most evaluated? What minimum band width adjacent channel OOBE interference or appropriate for sharing analyses where should be established for base stations, brute force receiver overload. While the interfering emitters may be transportable station, and mobile station Sprint’s comments were in relation to assembled from a group of indoor and classes of equipment? Is there value in adjacent channel interference a similar outdoor emitters? When applying establishing these bandwidth scaling approach might be appropriate for co- transmitter or receiver isolation factors

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such as antenna directionality, should a additional protection to passive sensor A. Need for, and Objectives of, the degree of statistical probability be services from operation of these Proposed Rules associated with the factor versus the transmitters? Should the Commission 110. In this FNPRM, the Commission assumption of worse case interference? propose, as a first cautious step, to allow proposes to authorize mobile operations The Commission asks parties to submit WiGig transmissions on-board aircraft in the 24.25–24.45 and 24.75–25.25 GHz propagation analysis and path loss only for certain applications, such as band (24 GHz band), the 31.8–33.4 GHz models of 5G deployment in both inflight entertainment provision band (32 GHz band), the 42–42.5 GHz indoor and outdoor environments for beaming from seatback display to user- band (42 GHz band), the 47.2–50.2 GHz use in determining interference impact provided devices, because such band (47 GHz band), the 50.4–52.6 GHz and potential mitigation. transmissions would be at a very short band (50 GHz band) and the 71–76 and 105. If the terrestrial receiver or distance (1–2 feet, or 30 to 60 cm), in 81–86 GHz bands (70/80 GHz bands). transmitter is fixed at a specific location a direct line-of-sight between each The Commission is also seeking then a terrain-based propagation loss seatback display and user-provided comment on possible uses of bands model can be employed; what terrain device, with little risk of escaping above 95 GHz. Together with the bands based propagation models are most through cabin windows? If the that are the subject of our Report and appropriate for millimeter wave Commission were to prohibit the first Order—namely the 28, 37, 39 and 57– analyses? When the terrestrial receiver WiGig channel (57.24–59.4 GHz) as 71 GHz bands, these bands are known is not at a known location, what are the CORF suggested to protect EESS, would most appropriate millimeter wave as the ‘‘mmW bands’’. this limitation ameliorate in any way 111. Until recently, the mmW bands models to apply? How much isolation the need to protect RAS, as WiGig were generally considered unsuitable could one typically assume due to devices will be using the rest of the for mobile applications because of antenna beam forming techniques? spectrum from 59.4 GHz to 71 GHz? propagation losses at such high What other interference mechanism, How would RAS and EESS be protected frequencies and the inability of mmW such as clutter, should be considered from potential WAIC applications using signals to propagate around obstacles. when modeling inter-service external structural sensors or cameras interference in millimeter wave bands? As increasing congestion has begun to mounted on the outside of the aircraft fill the lower bands and carriers have Generally, the Commission seeks further structure to monitor the performance of comment on millimeter wave resorted to smaller and smaller the aircraft during various phases of microcells in order to re-use the propagation models appropriate for aircraft operation (taxi, take-off, landing, spectrum sharing studies between fixed, available spectrum, however, industry is cruise, etc.)? Commenters should taking another look at the mmW bands mobile and satellite systems, as well as provide detailed technical analyses, active and passive services. and beginning to realize that at least with possible real-world transmission some of its presumed disadvantages can 5. Part 15 Operation On-Board Aircraft scenarios on aircraft, including expected be turned to advantage. For example, in the 57–71 GHz Band signal leakage in this particular short transmission paths and high 107. The Commission is seeking frequency band through unshielded propagation losses can facilitate further technical analyses and sharing cabin windows for the various types of spectrum re-use in microcellular studies, specifically with respect to the inflight applications (e.g., entertainment deployments by limiting the amount of various types of unlicensed applications provisions, WAIC provisions, etc.) in interference between adjacent cells. envisioned on-board aircraft, the different aircraft body structures if the Furthermore, where longer paths are priority/order of their planned fuselage type and cabin window desired, the extremely short introduction, as well as their associated placements make a difference in signal wavelengths of mmW signals make it potential harmful interference profile shielding, etc., and any other additional feasible for very small antennas to with respect to passive sensor services. harmful interference considerations concentrate signals into highly focused For example, is the intent to provide involving use of 60 GHz transmitters on- beams with enough gain to overcome only for applications that are used by board aircraft. propagation losses. The short the aircraft itself to reduce weight by H. Initial Regulatory Flexibility wavelengths of mmW signals also make replacing cabling and wiring with radio Analysis it possible to build multi-element, for applications, such as for connecting dynamic beam-forming antennas that inflight entertainment systems, seatback 109. As required by the Regulatory will be small enough to fit into display consoles, or connecting with Flexibility Act of 1980, as amended handsets—a feat that might never be sensors used to monitor the health of (RFA), the Commission has prepared possible at the lower, longer-wavelength the aircraft structure and its critical this present Initial Regulatory frequencies below 6 GHz where cell systems in wireless avionics intra- Flexibility Analysis (IRFA) of the phones operate today. communication (WAIC)? Or is the intent possible significant economic impact on 112. The Commission proposes to to provide for the direct streaming of a substantial number of small entities by include the 24 GHz, 32 GHz, 42 GHz, 47 movies/news/internet service from the policies and rules proposed in the GHz, 50 GHz and 70/80 GHz bands in ceiling-mounted access points to FNPRM. Written public comments are the Part 30 Upper Microwave Flexible portable electronic devices carried requested on this IRFA. Comments must Use Service. The Commission also aboard the aircraft by passengers in be identified as responses to the IRFA proposes to add a mobile allocation in nearby seats? Are there additional and must be filed by the deadlines the 24 GHz and 32 GHz bands. This inflight applications that commenters specified in the FNPRM for comments. additional spectrum for mobile use will further envision? The Commission will send a copy of help ensure that the speed, capacity, 108. What harmful interference this FNPRM, including this IRFA, to the and ubiquity of the nation’s wireless profile could be expected from each of Chief Counsel for Advocacy of the Small networks keeps pace with the these various types of on-board aircraft Business Administration (SBA). In skyrocketing demand for mobile service. provisions of 60 GHz transmitters? How addition, the FNPRM and IRFA (or It could also make possible new types much difference would the type of summaries thereof) will be published in of services for consumers and aircraft body make in providing the Federal Register. businesses.

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113. In proposing service rules for efficiently utilized and will foster the deployments to FSS providers through a these bands, which include technical development of new and innovative database in order to allow individual rules to protect against harmful technologies and services, as well as users to install their own receiving interference, licensing rules to establish encourage the growth and development equipment without interfering with geographic license areas and spectrum of a wide variety of services, ultimately terrestrial operations. In addition, the block sizes, and performance leading to greater benefits to consumers. Commission asks whether the requirements to promote robust 117. In the FNPRM, the Commission Commission should adopt a buildout, the Commission advances also seeks comment on various requirement that millimeter wave band toward enabling rapid and efficient proposals for refining the rules the systems transmit an ID identifying deployment. The Commission does so Commission have adopted in the Report themselves to enable better by proposing flexible service, technical, and Order. The Commission seeks identification and control of sources of assignment, and licensing rules for this comment on various ways of developing interfering signals much the same way spectrum, except where special the shared access framework the that TV, radio or even WiFi systems provisions are necessary to facilitate Commission has adopted for the 37– presently identify themselves. Finally, shared use with other co-primary users. 37.6 GHz band. That framework creates the Commission seeks comment on 114. For the 24 GHz, 32 GHz, 42 GHz, an innovative shared space that can be revisions to the technical rules for the 47 GHz and 50 GHz bands the used by a wide variety of Federal and Upper Microwave Flexible Use Service, Commission proposes to assign PEA- non-Federal users, by new entrants and including revising coordination criteria based licenses through competitive by established operators—and smaller between adjacent licensees for point-to- bidding. In the 48.2–50.2 GHz portion of businesses in particular—to experiment point operations; establishing a the 47 GHz band, the Commission with new technologies in the mmW minimum bandwidth and bandwidth proposes to require licensees to provide space. The Commission proposes to scaling factor corresponding to various information on their facilities to enable adopt additional performance power levels; proposing a reduction in sharing with FSS user equipment. requirement metrics for uses such as transmit power limits responsive to Finally, in the 71–76/81–86 GHz bands, Internet of Things and machine-to- increasing antenna height, and the Commission seeks comment on machine communications. Adopting obtaining further information on various systems managed by database these additional metrics will allow millimeter wave propagation models, operators which will coordinate use as licensees to use the mmW bands for and whether Part 15 operations in the between mmW base stations, fixed innovative uses with the certainty that 57–71 GHz band can be allowed on point-to-point links used for backhaul, they can meet performance board aircraft. These portions of the and Federal operations. requirements and renew their licenses. FNPRM will help ensure that licensees 115. A portion of the 24 GHz band is For example, the Commission seeks have maximum flexibility to operate allocated for satellite service but is further comment on whether the while not causing interference to other limited to only feeder links for the Commission should impose a ‘‘use-or- licensees. Broadcast Satellite Service (BSS), and share’’ obligation on UMFUS licensees the Commission has proposed to either in order to efficiently make as much B. Legal Basis retain existing coordination procedures unused spectrum available as possible. 119. The proposed action is or to adopt the sharing regime used for Such a ‘‘use-or-share’’ regime could take authorized pursuant to Sections 1, 2, 3, the 28 GHz band to manage interference varying forms, such as a fully dynamic between terrestrial and satellite sharing solution whereby opportunistic 4, 5, 7, 10, 201, 225, 227, 301, 302, 302a, operations. Meanwhile, the 47 GHz users could indefinitely deploy outside 303, 304, 307, 309, 310, 316, 319, 332, band is also allocated for satellite and is a licensee’s geographic build-out area and 336 of the Communications Act of intended to be used for FSS user subject to the latter’s potential 1934, 47 U.S.C. 151, 152, 153, 154, 155, equipment. The Commission has expansion—as coordinated by a third- 157, 160, 201, 225, 227, 301, 302, 302a, proposed that FSS operation at 47 GHz party database administrator; a modified 303, 304, 307, 309, 310, 316, 319, 332, be limited to individually licensed earth shared access system whereby meeting 336 and Section 706 of the stations subject to the same sharing a defined level of deployment in a set Telecommunications Act of 1996, as framework the Commission adopted in of geographic areas would foreclose amended, 47 U.S.C. 1302. the 28 GHz band except with SAS-based their opportunistic use; and, an C. Description and Estimate of the sharing between terrestrial and satellite unlicensed shared access approach Number of Small Entities to Which the operations. Finally, although the 50 GHz whereby opportunistic users would Proposed Rules Will Apply band is also allocated for satellite, it operate wherever licensees were not contains no present satellite use and the actually deployed. 120. The RFA directs agencies to Commission is exploring sharing 118. The Commission seeks comment provide a description of, and, where mechanisms for the band in the future, on whether the Commission can allow feasible, an estimate of the number of including SAS. FSS satellites in the 37.5–40 GHz band small entities that may be affected by 116. Overall, these proposals are to operate at higher power and transmit the proposed rules and policies, if designed to provide for flexible use of a higher power flux density at the adopted. The RFA generally defines the this spectrum by allowing licensees to Earth’s surface. If the Commission can term ‘‘small entity’’ as having the same choose their type of service offerings, to allow such higher power without meaning as the terms ‘‘small business,’’ encourage innovation and investment in causing interference to terrestrial ‘‘small organization,’’ and ‘‘small mobile broadband use in this spectrum, operations, this change could allow FSS governmental jurisdiction.’’ In addition, and to provide a stable regulatory operators to make greater use of the the term ‘‘small business’’ has the same environment in which fixed, mobile, band. The Commission also asks meaning as the term ‘‘small business and satellite deployment would be able whether the Commission should repeal concern’’ under the Small Business Act. to develop through the application of the prohibition on satellite (FSS) user A ‘‘small business concern’’ is one flexible rules. The market-oriented equipment in the 37.5–40 GHz band and which: (1) Is independently owned and licensing framework for these bands seek comment on whether terrestrial operated; (2) is not dominant in its field would ensure that this spectrum is operators should have to divulge their of operation; and (3) satisfies any

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additional criteria established by the non-common carrier status. At present, Telecommunications firms are small SBA. there are approximately 61,970 common entities that might be affected by our carrier fixed licensees, 62,909 private action. D. Small Businesses, Small and public safety operational-fixed Organizations, and Small Governmental 126. The second category, i.e., ‘‘All licensees, 20,349 broadcast auxiliary Jurisdictions Other Telecommunications,’’ comprises radio licensees, 412 LMDS licenses, 35 ‘‘establishments primarily engaged in 121. Our action may, over time, affect DEMS licenses, 870 39 GHz licenses, small entities that are not easily providing specialized and five 24 GHz licenses, and 408 telecommunications services, such as categorized at present. The Commission Millimeter Wave licenses in the satellite tracking, communications therefore describe here, at the outset, microwave services. The Commission telemetry, and radar station operation. three comprehensive, statutory small has not yet defined a small business This industry also includes entity size standards. First, nationwide, with respect to microwave services. For establishments primarily engaged in there are a total of approximately 28.2 purposes of the FRFA, the Commission million businesses, 99.7 percent of will use the SBA’s definition applicable providing satellite terminal stations and which are small, according to the SBA. to Wireless Telecommunications associated facilities connected with one In addition, a ‘‘small organization’’ is Carriers (except satellite)—i.e., an entity or more terrestrial systems and capable generally ‘‘any not-for-profit enterprise with no more than 1,500 persons is of transmitting telecommunications to, which is independently owned and considered small. Under that size and receiving telecommunications from, operated and is not dominant in its standard, such a business is small if it satellite systems. Establishments field.’’ Nationwide, as of 2007, there has 1,500 or fewer employees. Census providing Internet services or voice over were approximately 1,621,315 small Bureau data for 2012, show that there Internet protocol (VoIP) services via organizations. Finally, the term ‘‘small were 967 firms in this category that client-supplied telecommunications governmental jurisdiction’’ is defined operated for the entire year. Of this connections are also included in this generally as ‘‘governments of cities, total, 955 had employment of 999 or industry.’’ For this category, Census towns, townships, villages, school fewer, and 12 firms had employment of Bureau data for 2012 show that there districts, or special districts, with a 1,000 employees or more. Thus under were a total of 1442 firms that operated population of less than fifty thousand.’’ this category and the associated small for the entire year. Of this total, 1400 Census Bureau data for 2011 indicate business size standard, the Commission firms had annual receipts of under $25 that there were 89,476 local estimates that the majority of wireless million and 42 firms had annual governmental jurisdictions in the telecommunications carriers (except receipts of $25 million to $49,999,999. United States. The Commission satellite) are small entities that may be Consequently, the Commission estimates that, of this total, as many as affected by our proposed action. The estimates that the majority of All Other 88, 506 entities may qualify as ‘‘small Commission notes that the number of Telecommunications firms are small governmental jurisdictions.’’ Thus, the firms does not necessarily track the entities that might be affected by our Commission estimates that most number of licensees. The Commission action. governmental jurisdictions are small. estimates that virtually all of the Fixed 4. Radio and Television Broadcasting 1. Wireless Telecommunications Microwave licensees (excluding broadcast auxiliary licensees) would and Wireless Communications Carriers (Except Satellite) qualify as small entities under the SBA Equipment Manufacturing 122. The appropriate size standard definition. 127. The proposed rules relating to under SBA rules is for the category Wireless Telecommunications Carriers. 3. Satellite Telecommunications and All Part 15 operation pertain to Under that size standard, such a Other Telecommunications manufacturers of unlicensed business is small if it has 1,500 or fewer 124. Two economic census categories communications devices. The Census employees. Census Bureau data for address the satellite industry. The first Bureau defines this category as follows: 2012, show that there were 967 firms in category has a small business size ‘‘This industry comprises this category that operated for the entire standard of $32.5 million or less in establishments primarily engaged in year. Of this total, 955 had employment average annual receipts, under SBA manufacturing radio and television of 999 or fewer, and 12 firms had rules. The second also has a size broadcast and wireless communications employment of 1,000 employees or standard of $32.5 million or less in equipment. Examples of products made more. Thus under this category and the annual receipts. by these establishments are: associated small business size standard, 125. The category of Satellite Transmitting and receiving antennas, the Commission estimates that the Telecommunications ‘‘comprises cable television equipment, GPS majority of wireless telecommunications establishments primarily engaged in equipment, pagers, cellular phones, carriers (except satellite) are small providing telecommunications services mobile communications equipment, and entities that may be affected by our to other establishments in the radio and television studio and action. telecommunications and broadcasting broadcasting equipment.’’ The SBA has industries by forwarding and receiving developed a small business size 2. Fixed Microwave Services communications signals via a system of standard for firms in this category, 123. Microwave services include satellites or reselling satellite which is: All such firms having 750 or common carrier, private-operational telecommunications.’’ Census Bureau fewer employees. According to Census fixed, and broadcast auxiliary radio data for 2012 show that 333 Satellite Bureau data for 2007, there were a total services. They also include the Local Telecommunications firms operated for of 939 establishments in this category Multipoint Distribution Service (LMDS), that entire year. Of this total, 275 firms that operated for part or all of the entire the Digital Electronic Message Service had annual receipts of under $10 year. Of this total, 784 had less than 500 (DEMS), the 39 GHz Service (39 GHz), million, and 58 firms had receipts of employees and 155 had more than 100 the 24 GHz Service, and the Millimeter $10 million to $24,999,999. employees. Thus, under this size Wave Service where licensees can Consequently, the Commission standard, the majority of firms can be choose between common carrier and estimates that the majority of Satellite considered small.

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E. Description of Projected Reporting, the Commission seeks comment on any determinations would indeed benefit Recordkeeping, and Other Compliance steps that could be taken to minimize the small businesses or whether there Requirements any significant economic impact on are other alternatives the Commission 128. The projected reporting, small businesses. should consider. 135. For UMFUS bands for which the recordkeeping, and other compliance F. Steps Taken To Minimize Significant Commission accept mutually exclusive requirements proposed in the FNPRM Economic Impact on Small Entities, and initial applications, the Commission will apply to all entities in the same Significant Alternatives Considered will resolve such applications by manner. The revisions the Commission 133. The RFA requires an agency to competitive bidding conducted adopts should benefit small entities by describe any significant alternatives that pursuant to Part 1 Subpart Q of the giving them more information, more it has considered in reaching its Commission’s rules, including rules flexibility, and more options for gaining approach, which may include the governing designated entity preferences. access to wireless spectrum. following four alternatives (among In the Report and Order, the 129. Any applicants for UMFUS others): (1) The establishment of Commission adopted bidding credits for licenses will be required to file license differing compliance or reporting applicants for UMFUS licenses who applications using the Commission’s requirements or timetables that take into qualify as small businesses. An entity automated ULS. ULS is an online account the resources available to small with average annual gross revenues for electronic filing system that also serves entities; (2) the clarification, the preceding three years not exceeding as a powerful information tool, one that consolidation, or simplification of $55 million will qualify as a ‘‘small enables potential licensees to research compliance or reporting requirements business’’ and be eligible to receive a 15 applications, licenses, and antenna under the rule for small entities; (3) the percent discount on its winning bid. An structures. It also keeps the public use of performance, rather than design, entity with average annual gross informed with the weekly public standards; and (4) an exemption from revenues for the preceding three years notices, FCC rulemakings, processing coverage of the rule, or any part thereof, not exceeding $20 million will qualify utilities, and a telecommunications for small entities. Accordingly, the as a ‘‘very small business’’ and be glossary. UMFUS applicants that must Commission seeks comment on whether eligible to receive a 25 percent discount submit long-form license applications any of burdens associated the filing, on its winning bid. The FNPRM seeks must do so through ULS using Form recordkeeping and reporting comment on whether to apply these 601, FCC Ownership Disclosure requirements described above can be same small business definitions and Information for the Wireless minimized for small businesses. In associated bidding credits to the auction Telecommunications Services using particular, the Commission seeks of licenses in the additional bands the FCC Form 602, and other appropriate comment on whether any of the costs FNPRM proposes, as well as any other forms. associated with our construction or spectrum bands the Commission may 130. Applicants in the UMFUS will be performance requirements in these subsequently decide to include in the required to meet buildout requirements bands can be alleviated for small UMFUS. The Commission believes at the end of their initial license terms. businesses. providing small businesses and very In doing do, they will be required to 134. The Commission intends to small businesses with bidding credits, provide information to the Commission license the 24 GHz, 32 GHz, 42 GHz, in addition to the protections built into on the facilities they have constructed, and 50 GHz bands on a PEA basis, but the auction rules themselves should the nature of the service they are the Commission will also permit provide an economic benefit to small providing, and the extent to which they partitioning and disaggregation by businesses by making it easier for them are providing coverage in their license licensees in the mmW bands. As the to acquire or access spectrum in these area. Commission noted in the Report and bands. The Commission seeks comment 131. The Commission also proposes to Order, while PEAs are small enough to on this assessment and on whether there require UMFUS licensees to provide provide spectrum access opportunities are any alternative steps the information on their proposed for smaller carriers and PEAs could Commission could take to better assist operations in order to facilitate sharing even be further disaggregated, PEAs also small businesses. with other authorized services. This nest within, and may be aggregated to 136. In the Report and Order, the may include the possibility that UMFUS form, larger license areas. Therefore, the Commission adopted service rules that licensees will have to digitally identify benefits and burdens resulting from will permit licensees the flexibility to their stations in order to help identify assigning spectrum in PEA license areas provide any fixed or mobile service that and eliminate causes of interference. In would be equivalent for small and large is consistent with their spectrum the 48.2–50.2 GHz band, terrestrial businesses. Depending on the licensing allocation. The Commission proposes licensees may have to report their mechanisms the Commission adopts for that the same flexibility shall apply to deployment information to FSS these bands, licensees may adjust their the 24 GHz, 32 GHz, 42 GHz, 47 GHz, providers to facilitate the deployment of geographic coverage through auction or and 50 GHz bands and the Commission FSS user equipment. The Commission through the secondary markets. This seeks comment concerning whether this seeks comment on the scope of the proposal should enable providers, or flexibility will benefit small businesses information to be provided and the any entities, whether large or small, by giving them more avenues for gaining manner in which it should be provided. providing service in the mmW bands to access to valuable wireless spectrum. 132. The Commission expects that all more easily adjust their spectrum to Finally, as noted above, the Commission of the filing, recordkeeping and build their networks pursuant to is proposing to create a SAS-based reporting requirements associated with individual business plans. And the regulatory framework in the 70/80 GHz the demands described above, including Commission believes this ability to band that will permit an innovative professional, accounting, engineering or adjust spectrum holdings will make it shared space in these bands. The SAS survey services used in meeting these easier for small entities to acquire or serves as an advanced, highly requirements will be the same for large access spectrum. The Commission seeks automated frequency coordinator across and small businesses that intend to comment from the public concerning the band, potentially allowing this utilize these new UMFUS licenses, but whether these license area shared space to be used by a wide

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variety of Federal and non-Federal small entities, from harmful Commission proposes to amend 47 CFR users, by new entrants, by established interference, and the Commission also parts 2, 25, 30 and 101 as follows: operators, and small businesses in seeks comment on these proposals. particular—to experiment with new PART 2—FREQUENCY ALLOCATIONS J. Federal Rules That May Duplicate, technologies in the mmW space and AND RADIO TREATY MATTERS; Overlap, or Conflict With the Proposed innovate. Our proposals require that GENERAL RULES AND REGULATIONS small businesses register with an SAS Rules and comply with the rules established 138. None. ■ 1. The authority citation for part 2 for the service and in return they receive List of Subjects in 47 CFR Parts 2, 25, continues to read as follows: the ability to access spectrum currently 30, and 101 unavailable to them. The Commission Authority: 47 U.S.C. 154, 302a, 303, and believes this should constitute a Reporting and recordkeeping 336, unless otherwise noted. significant benefit for small businesses, requirements, Communications ■ 2. Amend § 2.106, the Table of and the Commission seeks comment on equipment. Frequency Allocations, by revising this proposal. Federal Communications Commission. pages 54, 56, and 58 through 62 to read 137. The technical rules the Marlene H. Dortch, as follows: Commission now proposes will allow Secretary. licensees of mmW band spectrum to § 2.106 Table of Frequency Allocations. operate while also protecting licensees For the reasons discussed in the * * * * * of nearby spectrum, some of whom are preamble, the Federal Communications

VerDate Sep<11>2014 21:55 Aug 23, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP3.SGM 24AUP3 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 58292 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules 54 (25) (25) Page (90) Flexible Flexible (18] (18] (97) (97] Mobile (15) (15) (15) (15) (15] Radio Radio Communications Communications Land Microwave Microwave (30) (30) Equipment Equipment Devices Devices Devices Devices Devices Use Use RF Private RF RF RF RF Upper Upper ISM ISM Amateur Amateur Satellite Satellite (active) time time and and NG535 (Earth-to-space) (Earth-to-space) 5.536 5.536 frequency frequency US258 US211 exploration-satellite location (Earth-to-space) signal-satellite signal-satellite MOBILE MOBILE Earth Radio FIXED FIXED FIXED-SATELLITE Inter-satellite Inter-satellite 25.5-27 24.05-24.25 24.25-24.45 24-24.05 24.75-25.25 25.25-25.5 5.150 5.536A 5.150 Standard Standard AMATEUR AMATEUR-SATELLITE Amateur (Earth-to-space) (active) time time 5.536 5.536 and and G59 (Earth-to-space) (Earth-to-space) (space-to-Earth) frequency frequency US258 RESEARCH EXPLORATION- US211 exploration-satellite signal-satellite (space-to-Earth) signal-satellite SATELLITE MOBILE MOBILE RADIOLOCATION Earth EARTH RADIONAVIGATION RADIOLOCATION-SATELLITE FIXED FIXED INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE 25.5-27 24-24.05 24.05-24.25 24.25-24.45 24.45-24.65 24.65-24.75 25.25-25.5 5.533 5.150 5.536A 5.150 Standard SPACE Standard 5.532B 5.535 (Earth-to-space) (Earth-to-space) 24.25-24.45 24.45-24.65 24.65-24.75 24.75-25.25 5.533 5.533 MOBILE MOBILE MOBILE MOBILE FIXED RADIONAVIGATION FIXED RADIONAVIGATION FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE INTER-SATELLITE INTER-SATELLITE 5.535 5.536B (Earth-to-space) (Earth-to-space) (Earth-to-space) (Earth-to-space) 5.536C RADIONAVIGATION RADIONAVIGATION RADIOLOCATION-SATELLITE FIXED-SATELLITE INTER-SATELLITE INTER-SATELLITE 24.25-24.45 24.45-24.65 24.65-24.75 24.75-25.25 5.533 (space-to-Earth) signal-satellite signal-satellite (active) time time (space-to-Earth) 5.536 5.536 and and 5.532B 5.532B frequency frequency RESEARCH EXPLORATION-SATELLITE exploration-satellite (Earth-to-space) (Earth-to-space) MOBILE MOBILE EARTH FIXED FIXED FIXED FIXED-SATELLITE FIXED FIXED-SATELLITE FIXED FIXED INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE 24-24.05 25.5-27 24.05-24.25 24.25-24.45 24.45-24.65 24.65-24.75 24.75-25.25 25.25-25.5 5.150 SPACE 5.536A Standard Standard RADIOLOCATION Earth AMATEUR AMATEUR-SATELLITE 5.150 Amateur

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VerDate Sep<11>2014 21:55 Aug 23, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\24AUP3.SGM 24AUP3 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS EP24AU16.118 58296 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules 60 (25) [25] Page Flexible (15) [15] Communications Communications Microwave (30) Devices Devices Use RF RF Upper Satellite Satellite (Earth-to-space) (passive) (Earth-to-space) 5.558 RESEARCH EXPLORATION-SATELLITE (passive) US156 MOBILE MOBILE-SATELLITE EARTH MOBILE US532 FIXED FIXED-SATELLITE FIXED 50.4-51.4 56.9-57 SPACE (passive) (passive] (passive) (passive) (passive) (Earth-to-space) (passive) (passive) (passive) (passive) (passive) (passive) 5.556A 5.556A 5.556A G128 (Earth-to-space) 5.558 5.558 5.558 RESEARCH RESEARCH RESEARCH RESEARCH RESEARCH RESEARCH EXPLORATION-SATELLITE EXPLORATION-SATELLITE EXPLORATION-SATELLITE EXPLORATION-SATELLITE EXPLORATION-SATELLITE EXPLORATION-SATELLITE US532 US354 US157 US379 (passive) US156 MOBILE MOBILE MOBILE MOBILE MOBILE MOBILE-SATELLITE EARTH US246 EARTH EARTH US353 EARTH MOBILE US532 EARTH US532 EARTH US353 FIXED FIXED FIXED FIXED-SATELLITE FIXED FIXED FIXED INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE 50.4-51.4 52.6-54.25 SPACE 54.25-55.78 SPACE 55.78-56.9 SPACE SPACE SPACE 51.4-52.6 56.9-57 57-58.2 58.2-59 SPACE G117 (passive) (passive] (passive) (passive] (passive) (passive) 5.338A (passive) (passive) (passive) (passive) (passive) (passive) 5.556A 5.556A 5.558A 5.556A (Earth-to-space) (Earth-to-space) 5.558 5.558 5.558 RESEARCH RESEARCH EXPLORATION-SATELLITE EXPLORATION-SATELLITE RESEARCH RESEARCH RESEARCH RESEARCH EXPLORATION-SATELLITE EXPLORATION-SATELLITE EXPLORATION-SATELLITE EXPLORATION-SATELLITE 5.338A 5.557A 5.556 5.556 5.557 5.557 5.557 5.556 MOBILE MOBILE MOBILE MOBILE MOBILE MOBILE Mobile-satellite EARTH EARTH EARTH EARTH EARTH EARTH FIXED FIXED-SATELLITE FIXED FIXED FIXED FIXED FIXED INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE INTER-SATELLITE 50.4-51.4 51.4-52.6 5.547 52.6-54.25 SPACE 5.340 54.25-55.78 SPACE 5.556B 55.78-56.9 SPACE 5.547 56.9-57 SPACE 5.547 57-58.2 SPACE 5.547 58.2-59 SPACE 5.547

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PART 25—SATELLITE Subpart B—Applications and Licenses § 30.2 Definitions. COMMUNICATIONS 30.101 Initial authorizations. The following definitions apply to 30.102 Authorization of operation of local this part: ■ 3. The authority citation for part 25 area networks in 37–38.6 GHz band. Authorized bandwidth. The continues to read as follows: 30.103 Transition of existing local maximum width of the band of Authority: Interprets or applies Sections 4, multipoint distribution service and 39 frequencies permitted to be used by a 301, 302, 303, 307, 309, 319, 332, 705, and GHz licenses. 30.104 License term. station. This is normally considered to 721 of the Communications Act, as amended, 30.105 Construction requirements. be the necessary or occupied 47 U.S.C. 154, 301, 302, 303, 307, 309, 319, 30.106 Geographic partitioning and bandwidth, whichever is greater. (See 332, 605, and 721, unless otherwise noted. spectrum disaggregation. § 2.202 of this chapter). ■ 4. Amend § 25.208 by revising 30.107 Discontinuance of service. Authorized frequency. The frequency, paragraphs (q) and (r) to read as follows: Subpart C—Technical Standards or frequency range, assigned to a station by the Commission and specified in the § 25.208 Power flux density limits. 30.201 Equipment authorization. instrument of authorization. * * * * * 30.202 Power limits. 30.203 Emission limits. Fixed satellite earth station. An earth (q) In the band 37.5–40.0 GHz, the 30.204 Field strength limits. station intended to be used at a power flux-density at the Earth’s surface 30.205 Federal coordination requirements. specified fixed point. produced by emissions from a 30.206 International coordination. Local Area Operations. Operations geostationary space station for all 30.207 RF safety. confined to physical facility boundaries, methods of modulation shall not exceed 30.208 Operability. such as a factory. the following values: 30.209 Duplexing. Point-to-Multipoint Hub Station. A ¥127 dB(W/m2) in any 1 MHz band 30.210 Information sharing requirements in fixed point-to-multipoint radio station for angles of arrival between 0 and 5 the 48.2–50.2 GHz band. that provides one-way or two-way degrees above the horizontal plane; Subpart D—Competitive Bidding communication with fixed Point-to- ¥127 + 4/3 (d¥5) dB(W/m2) in any Procedures Multipoint Service User Stations. 1 MHz band for angles of arrival d (in 30.301 Upper microwave flexible use Point-to-Multipoint User Station. A degrees) between 5 and 20 degrees service subject to competitive bidding. fixed radio station located at users’ above the horizontal plane; and 30.302 Designated entities and bidding premises, lying within the coverage area ¥107 + 0.4 (d¥20) dB(W/m2) in any credits. of a Point-to-Multipoint Hub station, 1 MHz band for angles of arrival d (in Subpart E—Special Provisions for Fixed using a directional antenna to receive degrees) between 20 and 25 degrees Point-to-Point, Fixed Point-to-Multipoint one-way communications from or above the horizontal plane; Hub Stations, and Fixed Point-to-Multipoint providing two-way communications ¥105 dB(W/m2) in any 1 MHz band User Stations with a fixed Point-to-Multipoint Hub for angles of arrival between 25 and 90 30.401 Permissible service. Station. degrees above the horizontal plane. 30.402 Frequency tolerance. Point-to-Multipoint Service. A fixed (r) In the band 37.5–40.0 GHz, the 30.403 Bandwidth. point-to-multipoint radio service power flux-density at the Earth’s surface 30.404 Emission limits. consisting of point-to-multipoint hub produced by emissions from a non- 30.405 Transmitter power limitations. stations that communicate with fixed geostationary space station for all 30.406 Directional antennas. point-to-multipoint user stations. 30.407 Antenna Polarization. methods of modulation shall not exceed Point-to-point station. A station that the following values: Subpart F—Shared operation in the 71–76 transmits a highly directional signal ¥120 dB(W/m2) in any 1 MHz band GHz and 81/86 GHz bands from a fixed transmitter location to a for angles of arrival between 0 and 5 30.501 Scope. fixed receive location. degrees above the horizontal plane; 30.502 Authorization required. Portable device. Transmitters ¥120 + 0.75 (d¥5) dB(W/m2) in any 30.503 Frequency assignments. designed to be used within 20 1 MHz band for angles of arrival d (in 30.504 Technical rules. centimeters of the body of the user. 30.505 Protection of Federal incumbents. degrees) between 5 and 25 degrees Prior coordination. A bilateral process 30.506 Priority Access Licenses. conducted prior to filing applications above the horizontal plane; and 30.507 General Access. ¥ 2 105 dB(W/m ) in any 1 MHz band 30.508 Spectrum access system purposes which includes the distribution of the for angles of arrival between 25 and 90 and functionality. technical parameters of a proposed degrees above the horizontal plane. 30.509 Registration, authentication, and radio system to potentially affected * * * * * authorization of devices. parties for their evaluation and timely ■ 5. Add part 30 to read as follows: Authority: 47 U.S.C. 151, 152, 153, 154, response. 301, 303, 304, 307, 309, 310, 316, 332, 1302. Secondary operations. Radio PART 30—UPPER MICROWAVE communications which may not cause FLEXIBLE USE SERVICE § 30.1 Creation of upper microwave interference to operations authorized on flexible use service, scope and authority. a primary basis and which are not Subpart A—General As of [effective date of final rule], protected from interference from these Sec. Local Multipoint Distribution Service primary operations 30.1 Creation of upper microwave flexible licenses for the 27.5–28.35 GHz band, Transportable Station. Transmitting use service. and licenses issued in the 38.6–40 GHz equipment that is not intended to be 30.2 Definitions. band under the rules in part 101 of this used while in motion, but rather at 30.3 Eligibility. chapter shall be reassigned to the Upper stationary locations. 30.4 Frequencies. Microwave Flexible Use Service. Local Universal Licensing System. The 30.5 Service areas. 30.6 Permissible communications. Multipoint Distribution Service licenses Universal Licensing System (ULS) is the 30.7 37–37.6 GHz Band—Shared in bands other than 27.5–28.35 GHz consolidated database, application filing Coordinated Service shall remain in that service and shall be system, and processing system for all 30.8 5G Provider Cybersecurity Statement governed by the part 101 of this chapter Wireless Radio Services. ULS supports Requirements applicable to that service. electronic filing of all applications and

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related documents by applicants and § 30.4 Frequencies. Frequency licensees in the Wireless Radio Services, The following frequencies are Channel No. band limits and provides public access to licensing available for assignment in the Upper (MHz) information. Microwave Flexible Use Service: 3 ...... 39,000–39,200 (a) 27.5 GHz–28.35 GHz band—27.5– § 30.3 Eligibility. 4 ...... 39,200–39,400 27.925 GHz and 27.925–28.35 GHz. 5 ...... 39,400–39,600 Any entity who meets the technical, (b) 38.6–40 GHz band: 6 ...... 39,600–39,800 financial, character, and citizenship (1) New channel plan: 7 ...... 39,800–40,000 qualifications that the Commission may require in accordance with such Act, Frequency (2) Pending transition to the new Channel No. band limits other than those precluded by section (MHz) channel plan, existing 39 GHz licensees 310 of the Communications Act of 1934, licensed under part 101 of this chapter as amended, 47 U.S.C. 310, is eligible to 1 ...... 38,600–38,800 may continue operating on the hold a license under this part. 2 ...... 38,800–39,000 following channel plan:

Channel Group A Channel Group B Frequency band Frequency band Channel No. limits (MHz) Channel No. limits (MHz)

1–A ...... 38,600–38,650 1–B 39,300–39,350 2–A ...... 38,650–38,700 2–B 39,350–39,400 3–A ...... 38,700–38,750 3–B 39,400–39,450 4–A ...... 38,750–38,800 4–B 39,450–39,500 5–A ...... 38,800–38,850 5–B 39,500–39,550 6–A ...... 38,850–38,900 6–B 39,550–39,600 7–A ...... 38,900–38,950 7–B 39,600–39,650 8–A ...... 38,950–39,000 8–B 39,650–39,700 9–A ...... 39,000–39,050 9–B 39,700–39,750 10–A ...... 39,050–39,100 10–B 39,750–39,800 11–A ...... 39,100–39,150 11–B 39,800–39,850 12–A ...... 39,150–39,200 12–B 39,850–39,900 13–A ...... 39,200–39,250 13–B 39,900–39,950 14–A ...... 39,250–39,300 14–B 39,950–40,000

(c) 37–38.6 GHz band: 37,600–37,800 Channel No. Frequency expired, cancelled, or otherwise been MHz; 37,800–38,000 MHz; 38,000– recovered by the Commission will 38,200 MHz; 38,200–38,400 MHz, and 1 ...... 50,400–50,600 automatically revert to the applicable 38,400–38,600 MHz. The 37,000–37,600 2 ...... 50,600–50,800 county licensee. MHz band segment shall be available on 3 ...... 50,800–51,000 (d) In the 37.5–40 GHz band, Upper 4 ...... 51,000–51,200 Microwave Flexible Use Service a site-specific, coordinated shared basis 5 ...... 51,200–51,400 with eligible Federal entities; 6 ...... 51,400–51,600 licensees shall not place facilities (d) 24.25–24.45 GHz band: 7 ...... 51,600–51,800 within the protection zone of Fixed- (e) 24.75–25.25 GHz band: 24.75– 8 ...... 51,800–52,000 Satellite Service earth stations 25.00 GHz, 25.00–25.25 GHz; 9 ...... 52,000–52,200 authorized pursuant to § 25.136 of this (f) 31.8–33.4 GHz band: 10 ...... 52,200–52,400 chapter, absent consent from the Fixed- 11 ...... 52,400–52,600 Satellite Service earth station licensee. Channel No. Frequency (j) The 71–76 GHz and 81–86 GHz § 30.6 Permissible communications. 1 ...... 31,000–32,000 bands shall be available on a shared (a) A licensee in the frequency bands 2 ...... 32,000–32,200 basis pursuant to the rules in subpart F specified in § 30.4 may provide any 3 ...... 32,200–32,400 of this part. services for which its frequency bands 4 ...... 32,400–32,600 are allocated, as set forth in the non- § 30.5 Service areas. 5 ...... 32,600–32,800 Federal Government column of the 6 ...... 32,800–33,000 (a) Except as noted in paragraphs (b) Table of Frequency Allocations in 7 ...... 33,000–33,200 and (c) of this section, and except for 8 ...... 33,200–33,400 § 2.106 of this chapter (column 5). the shared 37–37.6 GHz, 71–76 GHz, (b) Fixed-Satellite Service shall be and 81–86 GHz bands, the service areas (g) 42–42.5 GHz band: provided in a manner consistent with for the Upper Microwave Flexible Use part 25 of this chapter. (h) 47.2–50.2 GHz band: Service are Partial Economic Areas. (b) For the 27.5–28.35 GHz band, the § 30.7 37–37.6 GHz Band—Shared Channel No. Frequency service areas shall be counties. Coordinated Service. 1 ...... 47,200–47,700 (c) Common Carrier Fixed Point-to- (a) The 37–37.6 GHz band will be 2 ...... 47,700–48,200 Point Microwave Stations licensed in available for site-based registrations on 3 ...... 48,200–48,700 the 38.6–40 GHz bands licensed with a coordinated basis with co-equal 4 ...... 48,700–49,200 Rectangular Service Areas shall eligible Federal entities. 5 ...... 49,200–49,700 maintain their Rectangular Service Area (b) Any non-Federal entity meeting 6 ...... 49,700–50,200 as defined in their authorization. The the eligibility requirements of § 30.3 of frequencies associated with Rectangular this part may operate equipment that (i) 50.4–52.6 GHz band: Service Area authorizations that have complies with the technical rules of this

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part pursuant to a Shared Access (ii) Communications within and in accordance with §§ 1.1301 through License. between each licensee’s network; 1.1319 of this chapter. (c) Licensees in the 37–37.6 GHz band (iii) Communications between mobile must register their individual base devices that are under end-to-end § 30.103 Transition of existing local stations and access points prior to multipoint distribution service and 39 GHz control of the licensee; and licenses. placing them in operation. (iv) Communications between mobile (d) The minimum authorized channel devices that are not under the end-to- Local Multipoint Distribution Service bandwidth in this band is 100 end control of the licensee; licenses in the 27.5–28.35 GHz band megahertz. (3) Cybersecurity Standards and Best issued on a Basic Trading Area basis (e) Registered non-Federal sites must Practices. A high-level description of shall be disaggregated into county-based be put placed service within seven days relevant cybersecurity standards and licenses and 39 GHz licenses issued on of coordination. practices to be employed, whether an Economic Area basis shall be (f) Equipment in this band must be industry-recognized or related to some disaggregated into Partial Economic capable of notifying the database that it other identifiable approach; Area-based licenses on [effective date of is active on the channel. At least once (4) Participation With Standards final rule]. For each county in the Basic every seven days, the equipment must Bodies, Industry-Led Organizations. A Trading Area or Partial Economic Area be capable of notifying the coordination description of the extent to which the in the Economic Area which is part of mechanism that the equipment is active licensee participates with standards the original license, the licensee shall and operating. If the equipment fails to bodies or industry-led organizations receive a separate license. If there is a make such a notification, the pursuing the development or co-channel Rectangular Service Area registration to operate that equipment is maintenance of emerging security licensee within the service area of a 39 automatically terminated. standards and/or best practices; GHz Economic Area licensee, the (g) Federal licensees may claim access (5) Other Security Approaches. The disaggregated license shall not authorize to 200 megahertz of spectrum in this high-level identification of any other operation with the service area of the area on a priority basis. approaches to security, unique to the Rectangular Service Area license. § 30.8 5G Provider Cybersecurity services and devices the licensee § 30.104 License term. Statement Requirements. intends to offer and deploy; and Initial authorizations will have a term (a) Statement. Each Upper Microwave (6) Plans With Information Sharing and Analysis Organizations. Plans to not to exceed ten years from the date of Flexible Use Service licensee is required initial issuance or renewal. to submit to the Commission a incorporate relevant outputs from Statement describing its network Information Sharing and Analysis § 30.105 Construction requirements. security plans and related information, Organizations (ISAOs) as elements of (a) Upper Microwave Flexible Use which shall be signed by a senior the licensee’s security architecture. Service licensees must make a buildout executive within the licensee’s Plans should include comment on showing as part of their renewal organization with personal knowledge machine-to-machine threat information applications. Licensees relying on of the security plans and practices sharing, and any use of anticipated mobile or point-to-multipoint service to within the licensee’s organization. The standards for ISAO-based information demonstrate that they are providing Statement must contain, at a minimum, sharing. reliable signal coverage and service to at (b) Timing. Each Upper Microwave the following elements: least 40 percent of the population Flexible Use Service licensee shall (1) Security Approach. A high-level, within the service area of the licensee, submit this Statement to the general description of the licensee’s and that they are using facilities to Commission within three years after approach designed to safeguard the provide service in that area either to grant of the license, but no later than six planned network’s confidentiality, customers or for internal use. Licensees months prior to deployment. integrity, and availability, with respect relying on point-to-point service must (c) Definitions. The following to communications from: demonstrate that they have four links (i) A device to the licensee’s network; definitions apply to this section: operating and providing service, either (ii) One element of the licensee’s (i) Confidentiality. The protection of to customers or for internal use. If the network to another element on the data from unauthorized access and population within the license area is licensee’s network; disclosure, both while at rest and in equal to or less than 268,000. If the (iii) The licensee’s network to another transit. population within the license area is network; and (ii) Integrity. The protection against greater than 268,000, a licensee relying (iv) Device to device (with respect to the unauthorized modification or on point-to-point service must telephone voice and messaging destruction of information. services). (iii) Availability. The accessibility and demonstrate it has at least one link in (2) Cybersecurity Coordination. A usability of a network upon demand. operation and providing service for each high-level, general description of the 67,000 population within the license licensee’s anticipated approach to Subpart B—Applications and Licenses area. assessing and mitigating cyber risk (b) Showings that rely on a induced by the presence of multiple § 30.101 Initial authorizations. combination of multiple types of service participants in the band. This should Except with respect to in the 37–37.6 will be evaluated on a case-by-case include the high level approach taken GHz band, an applicant must file a basis. toward ensuring consumer network single application for an initial (c) If a licensee in this service is also confidentiality, integrity, and authorization for all markets won and a Fixed-Satellite Service licensee and availability security principles, are to be frequency blocks desired. Initial uses the spectrum covered under its protected in each of the following use authorizations shall be granted in UMFUS license in connection with a cases: accordance with § 30.4. Applications for satellite earth station, it can demonstrate (i) Communications between a individual sites are not required and compliance with the requirements of wireless device and the licensee’s will not be accepted, except where this section by demonstrating that the network; required for environmental assessments, earth station in question is in service,

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operational, and using the spectrum licensees have agreed to a different filing FCC Form 601 or 605 requesting associated with the license. This signal level. license cancellation. An authorization provision can only be used to (c) License term. The license term for will automatically terminate, without demonstrate compliance for the county a partitioned license area and for specific Commission action, if service is in which the earth station is located. disaggregated spectrum shall be the permanently discontinued as defined in (d) Failure to meet this requirement remainder of the original licensee’s this section, even if a licensee fails to will result in automatic cancellation of license term as provided for in § 30.104. file the required form requesting license the license. In bands licensed on a (d)(1) Parties to partitioning cancellation. Partial Economic Area basis, licensees agreements must satisfy the will have the option of partitioning a construction requirements set forth in Subpart C—Technical Standards § 30.105 by the partitioner and license on a county basis in order to § 30.201 Equipment authorization. reduce the population within the partitionee each certifying that it will license area to a level where the independently meet the construction (a) Except as provided under licensee’s buildout would meet one of requirement for its respective paragraph (c) of this section, each the applicable performance metrics. partitioned license area. If the transmitter utilized for operation under (e) Existing 28 GHz and 39 GHz partitioner or partitionee fails to meet this part must be of a type that has been licensees shall be required to make a the construction requirement for its authorized by the Commission under its showing pursuant to this rule by June 1, respective partitioned license area, then certification procedure. 2024. the relevant partitioned license will (b) Any manufacturer of radio automatically cancel. transmitting equipment to be used in § 30.106 Geographic partitioning and (2) Parties to disaggregation these services may request equipment spectrum disaggregation. agreements must satisfy the authorization following the procedures (a) Parties seeking approval for construction requirements set forth in set forth in subpart J of part 2 of this partitioning and disaggregation shall § 30.105 by the disaggregator and chapter. Equipment authorization for an request from the Commission an disaggregatee each certifying that it will individual transmitter may be requested authorization for partial assignment of a independently meet the construction by an applicant for a station license pursuant to § 1.948 of this requirement for its respective authorization by following the chapter. Upper Microwave Flexible Use disaggregated license area. If the procedures set forth in part 2 of this Service licensees may apply to partition disaggregator or disaggregatee fails to chapter. their licensed geographic service area or meet the construction requirement for (c) Unless specified otherwise, disaggregate their licensed spectrum at its respective disaggregated license area, transmitters for use under the any time following the grant of their then the relevant disaggregated license provisions of subpart E of this part for licenses. will automatically cancel. fixed point-to-point microwave and (b) Technical standards—(1) point-to-multipoint services must be a Partitioning. In the case of partitioning, § 30.107 Discontinuance of service. type that has been verified for applicants and licensees must file FCC (a) An Upper Microwave Flexible Use compliance. Form 603 pursuant to § 1.948 of this License authorization will automatically chapter and list the partitioned service terminate, without specific Commission § 30.202 Power limits. area on a schedule to the application. action, if the licensee permanently (a) For fixed and base stations The geographic coordinates must be discontinues service after the initial operating in connection with mobile specified in degrees, minutes, and license term. systems, the average power of the sum seconds to the nearest second of latitude (b) For licensees with common carrier of all antenna elements is limited to a and longitude and must be based upon regulatory status, permanent maximum equivalent isotopically the 1983 North American Datum discontinuance of service is defined as radiated power (EIRP) density of (NAD83). 180 consecutive days during which a +75dBm/100MHz, except as specified in (2) Spectrum may be disaggregated in licensee does not provide service to at paragraph (e) of this section. any amount. least one subscriber that is not affiliated (b) For mobile stations, the average (3) The Commission will consider with, controlled by, or related to the power of the sum of all antenna requests for partial assignment of licensee in the individual license area. elements is limited to a maximum EIRP licenses that propose combinations of For licensees with non-common carrier density of +43 dBm/100MHz. partitioning and disaggregation. status, permanent discontinuance of (c) For transportable stations, as (4) For purposes of partitioning and service is defined as 180 consecutive defined in § 30.2, the average power of disaggregation, part 30 systems must be days during which a licensee does not the sum of all antenna elements is designed so as not to exceed the signal operate. limited to a maximum EIRP density of level specified for the particular (c) A licensee that permanently +55 dBm/100MHz. spectrum block in § 30.204 at the discontinues service as defined in this (d) For fixed point-to-point and point- licensee’s service area boundary, unless section must notify the Commission of to-multipoint limits see § 30.405. the affected adjacent service area the discontinuance within 10 days by (e) Antenna Height Limits

Effective isotropic Antenna height (AAT) radiated power in meters (feet) density (EIRP) (dBm/100 MHz)

Above 1372 (4500) ...... 62 Above 1220 (4000) To 1372 (4500) ...... 63 Above 1067 (3500) To 1220 (4000) ...... 64 Above 915 (3000) To 1067 (3500) ...... 65 Above 763 (2500) To 915 (3000) ...... 67 Above 610 (2000) To 763 (2500) ...... 69

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Effective isotropic Antenna height (AAT) radiated power in meters (feet) density (EIRP) (dBm/100 MHz)

Above 458 (1500) To 610 (2000) ...... 71 Above 305 (1000) To 458 (1500) ...... 73 Up to 305 (1000) ...... 75

§ 30.203 Emission limits. Density (PFD) from any Base Station § 101.103(d)(2) of this chapter with (a) The conductive power or the total operating in the 27.5–28.35 GHz band, respect to neighboring licensees that radiated power of any emission outside 37–38.6 GHz band, and 38.6–40 GHz may be affected by its operations. a licensee’s frequency block shall be bands at any location on the ¥ geographical border of a licensee’s § 30.205 Federal coordination 13 dBm/MHz or lower. However, in requirements. the bands immediately outside and service area shall not exceed ¥76dBm/ adjacent to the licensee’s frequency m2/MHz (measured at 1.5 meters above (a) Licensees in the 37–38 GHz band block, having a bandwidth equal to 10 ground) unless the adjacent affected located within the zones defined by the percent of the channel bandwidth, the service area licensee(s) agree(s) to a coordinates in the tables below must conductive power or the total radiated different PFD. coordinate their operations with Federal power of any emission shall be ¥5 (b) Fixed Point-to-Point Operations: Space Research Service (space to Earth) dBm/MHz or lower. (1) Prior to operating a fixed point-to- users of the band via the National (b)(1) Compliance with this provision point transmitting facility in the 27,500– Telecommunications and Information is based on the use of measurement 28,350 MHz band where the facilities Administration (NTIA). All licensees instrumentation employing a resolution are located within 20 kilometers of the operating within the zone defined by bandwidth of 1 megahertz or greater. boundary of the licensees authorized the 60 dBm/100 MHz EIRP coordinates (2) When measuring the emission market area, the licensee must complete in the tables below must coordinate all limits, the nominal carrier frequency frequency coordination in accordance operations. Licensees operating within shall be adjusted as close to the with the procedures specified in the area between the zones defined by licensee’s frequency block edges as the § 101.103(d)(2) of this chapter with the 60 dBm and 75 dBm/100 MHz EIRP design permits. respect to neighboring licensees that coordinates in the tables below must (3) The measurements of emission may be affected by its operations. coordinate all operations if their base power can be expressed in peak or (2) Prior to operating a fixed point-to- station EIRP is greater than 60 dBm/100 average values. point transmitting facility in the 37,000– MHz or if their antenna height exceeds (c) For fixed point-to-point and point- 40,000 MHz band where the facilities 100 meters above ground level. to-multipoint limits see § 30.404. are located within 16 kilometers of the Licensees operating outside the zones boundary of the licensees authorized defined by the 75 dBm/100 MHz EIRP § 30.204 Field strength limits. market area, the licensee must complete coordinates in the tables below are not (a) Base/Mobile Operations. The frequency coordination in accordance required to coordinate their operations predicted or measured Power Flux with the procedures specified in with NTIA.

TABLE 1—GOLDSTONE, CALIFORNIA COORDINATION ZONE

60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/Longitude Latitude/Longitude Latitude/Longitude Latitude/Longitude (decimal degrees) (decimal degrees) (decimal degrees) (decimal degrees)

34.69217/–115.6491 34.19524/–117.47963 34.69217/–115.6491 34.19524/–117.47963 35.25746/–115.32041 34.24586/–117.36210 35.25746/–115.32041 34.24586/–117.36210 36.21257/–117.06567 35.04648/–117.03781 36.11221/–116.63632 34.21748/–117.12812 36.55967/–117.63691 35.04788/–117.00949 36.54731/–117.48242 34.20370/–116.97024 36.66297/–118.31017 34.22940/–117.22327 36.73049/–118.33683 34.12196/–116.93109 36.06074/–118.38528 34.20370/–116.97024 36.39126/–118.47307 34.09498/–116.75473 35.47015/–118.39008 34.12196/–116.93109 36.36891/–118.47134 34.13603/–116.64002 35.40865/–118.34353 34.09498/–116.75473 35.47015/–118.39008 34.69217/–115.6591 35.35986/–117.24709 34.19642/–116.72901 35.40865/–118.34353 34.69217/–115.6491 35.29539/–117.21102 34.64906/–116.62741 35.32048/–117.26386 34.67607/–118.55412 34.44404/–116.31486 34.63725/–118.96736 34.61532/–118.36919 34.52736/–116.27845 34.55789/–118.36204 34.91551/–117.70371 34.76685/–116.27930 34.51108/–118.15329 34.81257/–117.65400 34.69217/–115.6591 34.39220/–118.28852 34.37411/–118.18385 34.69217/–115.6491 34.38546/–118.27460 34.33405/–117.94189 34.37524/–118.24191 34.27249/–117.65445 34.37039/–118.22557

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TABLE 2—SOCORRO, NEW MEXICO COORDINATION ZONE

60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/Longitude Latitude/Longitude Latitude/Longitude (decimal degrees) (decimal degrees) (decimal degrees)

34.83816/–107.66828 33.44401/–108.67876 33.10651/–108.19320 34.80070/–107.68759 33.57963/–107.79895 33.11780/–107.99980 34.56506/–107.70233 33.84552/–107.60207 33.13558/–107.85611 34.40826/–107.71489 33.85964/–107.51915 33.80383/–107.16520 34.31013/–107.88349 33.86479/–107.17223 33.94554/–107.15516 34.24067/–107.96059 33.94779/–107.15038 33.95665/–107.15480 34.10278/–108.23166 34.11122/–107.18132 34.08156/–107.18137 34.07442/–108.30646 34.15203/–107.39035 34.10646/–107.18938 34.01447/–108.31694 34.29643/–107.51071 35.24269/–107.67969 33.86740/–108.48706 34.83816/–107.66828 34.06647/–108.70438 33.81660/–108.51052 33.35946/–108.68902 33.67909/–108.58750 33.29430/–108.65004 33.50223/–108.65470 33.10651/–108.19320

TABLE 3—WHITE SANDS, NEW MEXICO COORDINATION ZONE

60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/Longitude Latitude/Longitude Latitude/Longitude Latitude/Longitude (decimal degrees) (decimal degrees) (decimal degrees) (decimal degrees)

33.98689/–107.15967 31.78455/–106.54058 31.7494/–106.49132 32.88382/–108.16588 33.91573/–107.46301 32.24710/–106.56114 32.24524/–106.56507 32.76255/–108.05679 33.73122/–107.73585 32.67731/–106.53681 32.67731/–106.53681 32.56863/–108.43999 33.37098/–107.84333 32.89856/–106.56882 32.89856/–106.56882 32.48991/–108.50032 33.25424/–107.86409 33.24323/–106.70094 33.04880/–106.62309 32.39142/–108.48959 33.19808/–107.89673 33.98689/–107.15967 33.21824/–106.68992 31.63664/–108.40480 33.02128/–107.87226 33.24347/–106.70165 31.63466/–108.20921 32.47747/–107.77963 34.00708/–107.08652 31.78374/–108.20798 32.31543/–108.16101 34.04967/–107.17524 31.78322/–106.52825 31.79429/–107.88616 33.83491/–107.85971 31.7494/–106.49132

(b) Licensees in the 37–38.6 GHz band coordinate their operations with the Telecommunications and Information located within the zones defined by the Department of Defense via the National Administration (NTIA). coordinates in the table below must

TABLE—COORDINATION AREAS FOR FEDERAL TERRESTRIAL SYSTEMS

Coordination area Location Agency (Decimal Degrees)

China Lake, CA ...... Navy ...... 30 kilometer radius centered on latitude 35.59527 and longitude ¥117.22583. 30 kilometer radius centered on latitude 35.52222 and longitude ¥117.30333. 30 kilometer radius centered on latitude 35.76222 and longitude ¥117.60055. 30 kilometer radius centered on latitude 35.69111 and longitude ¥117.66916. San Diego, CA ...... Navy ...... 30 kilometer radius centered on latitude 32.68333 and longitude ¥117.23333. Nanakuli, HI ...... Navy ...... 30 kilometer radius centered on latitude 21.38333 and longitude ¥158.13333. Fishers Island, NY ...... Navy ...... 30 kilometer radius centered on latitude 41.25 and longitude ¥72.01666. Saint Croix, VI ...... Navy ...... 30 kilometer radius centered on latitude 17.74722 and longitude ¥64.88. Fort Irwin, CA ...... Army ...... 30 kilometer radius centered on latitude 35.26666 and longitude ¥116.68333. Fort Carson, CO ...... Army ...... 30 kilometer radius centered on latitude 38.71666 and longitude ¥104.65. Fort Hood, TX ...... Army ...... 30 kilometer radius centered on latitude 31.11666 and longitude ¥97.76666. Fort Bliss, TX ...... Army ...... 30 kilometer radius centered on latitude 31.8075 and longitude ¥106.42166.

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TABLE—COORDINATION AREAS FOR FEDERAL TERRESTRIAL SYSTEMS—Continued

Coordination area Location Agency (Decimal Degrees)

Yuma Proving Ground, AZ ...... Army ...... 30 kilometer radius centered on latitude 32.48333 and longitude ¥114.33333. Fort Huachuca, AZ ...... Army ...... 30 kilometer radius centered on latitude 31.55 and longitude ¥110.35. White Sands Missile Range, NM ...... Army ...... 30 kilometer radius centered on latitude 33.35 and longitude ¥106.3. Moody Air Force Base, GA ...... Air Force ...... 30 kilometer radius centered on latitude 30.96694 and longitude ¥83.185. Hurlburt Air Force Base, FL ...... Air Force ...... 30 kilometer radius centered on latitude 30.42388 and longitude ¥86.70694.

§ 30.206 International coordination. (3) A continuously transmitted pilot (5) Transmitting equipment, its Operations in the 27.5–28.35 GHz, signal receivable throughout the terrain stability, maximum effective isotropic 37–38.6, and 38.6–40 GHz bands are within which a FSS facility could cause radiated power, emission designator, subject to existing and future interference to or receive interference and types of modulation. international agreements with Canada from the terrestrial system. (6) Transmitting antenna(s), model, and Mexico. (b) All licensees deploying fixed maximum gain, and maximum extent of systems in the48.2–50.2 GHz bands will all possible radiation patterns provided § 30.207 RF safety. make the following information about or certified by the manufacturer. Licensees and manufacturers are each such system available to FSS (7) Transmitting antenna center line subject to the radio frequency radiation operators in those bands by one or more height(s) above ground level and ground exposure requirements specified in of the means described in paragraph (a) elevation above mean sea level. §§ 1.1307(b), 1.1310, 2.1091, and 2.1093 of this section: (8) Transmitting antenna boresight(s) of this chapter, as appropriate. (1) Licensee’s name and address. maximum and minimum angles of Applications for equipment (2) Transmitting station name. elevation with respect to the horizon. authorization of mobile or portable (3) Transmitting station coordinates. (9) Transmitting antenna boresight devices operating under this section (4) Frequencies and polarizations. minimum and maximum azimuths, or must contain a statement confirming (5) Transmitting equipment, its designation of omnidirectionality. compliance with these requirements. stability, effective isotropic radiated (10) Boundary of the area served by Technical information showing the power, emission designator, and type of the base station for purposes of basis for this statement must be modulation (digital). communication with mobile user submitted to the Commission upon (6) Transmitting antenna(s), model, equipment. request. gain, and a radiation pattern provided or (11) Receiving antenna(s), model, gain, and maximum extent of all § 30.208 Operability. certified by the manufacturer. (7) Transmitting antenna center line possible radiation patterns provided or Mobile and transportable stations that height(s) above ground level and ground certified by the manufacturer. operate on any portion of frequencies elevation above mean sea level. (12) Receiving antenna center line within the 27.5–28.35 GHz or the 37–40 (8) Transmitting antenna boresight(s) height(s) above ground level and ground GHz bands must be capable of operating angle of elevation with respect to the elevation above mean sea level. on all frequencies within those horizon. (13) Receiving antenna boresight particular bands. (9) Receiving station name. maximum and minimum angles of § 30.209 Duplexing. (10) Receiving station coordinates. elevation with respect to the horizon. (14) Receiving antenna boresight Stations authorized under this rule (11) Receiving antenna(s), model, gain, and, if required, a radiation pattern minimum and maximum azimuths, or part may employ frequency division designation of omnidirectionality. duplexing, time division duplexing, or provided or certified by the manufacturer. any other duplexing scheme, provided Subpart D—Competitive Bidding (12) Receiving antenna center line that they comply with the other Procedures technical and operational requirements height(s) above ground level and ground specified in this part. elevation above mean sea level. § 30.301 Upper microwave flexible use (13) Receiving antenna boresight(s) service subject to competitive bidding. § 30.210 Information sharing requirements angle of elevation with respect to the Mutually exclusive initial in the 48.2–50.2 GHz band. horizon. applications for Upper Microwave (a) Each operator of a Fixed Service or (14) Path azimuth and distance. Flexible User Service licenses are Mobile Service system in the 48.2–50.2 (c) All licensees deploying mobile subject to competitive bidding. The GHz band will make the technical service base stations in the 48.2–50.2 general competitive bidding procedures information about its system listed in GHz bands will make the following set forth in part 1, subpart Q of this paragraphs (b) and (c) of this section information about each such base chapter will apply unless otherwise available to FSS operators by one or station available to FSS operators by one provided in this subpart. more of the following means: or both of the means described in (1) An online database operated by paragraph (a) of this section: § 30.302 Designated entities and bidding the Upper Microwave Flexible Use (1) Licensee’s name and address. credits. licensee; (2) Transmitting station name. (a) Eligibility for small business (2) An online database operated by a (3) Transmitting station coordinates. provisions. (1) A small business is an third-party database manager, or (4) Frequencies and polarizations. entity that, together with its affiliates, its

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controlling interests and the affiliates of with efficient use of the spectrum and only be required to meet this standard its controlling interests, have average good engineering practice. in any 4 kHz band. gross revenues that are not more than (b) The maximum bandwidth (iii) The emission mask in paragraph $55 million for the preceding three (3) authorized per frequency to stations (a)(2)(i) of this section applies only to years. under this subpart is set out in the table the band edge of each block of (2) A very small business is an entity that follows. spectrum, but not to subchannels that, together with its affiliates, its established by licensees. The value of P controlling interests and the affiliates of Frequency band Maximum authorized in the equation is the percentage (MHz) bandwidth its controlling interests, has average removed from the carrier frequency and gross revenues that are not more than 27,500 to 28,350 ...... 850 MHz. assumes that the carrier frequency is the $20 million for the preceding three (3) 38,600 to 40,000 ...... 200 MHz.1 center of the actual bandwidth used. years. The emission mask can be satisfied by 1 For channel block assignments in the locating a carrier of the subchannel (b) Bidding credits. A winning bidder 38,600–40,000 MHz bands when adjacent that qualifies as a small business, as channels are aggregated, equipment is per- sufficiently far from the channel edges defined in this section, or a consortium mitted to operate over the full channel block so that the emission levels of the mask of small businesses may use a bidding aggregation without restriction. are satisfied. The emission mask shall use a value B (bandwidth) of 40 MHz, credit of 15 percent, as specified in § 30.404 Emission limits. § 1.2110(f)(2)(i)(C) of this chapter. A for all cases even in the case where a winning bidder that qualifies as a very (a) The mean power of emissions narrower subchannel is used (for small business, as defined in this must be attenuated below the mean instance the actual bandwidth is 10 section, or a consortium of very small output power of the transmitter in MHz) and the mean output power used businesses may use a bidding credit of accordance with the following schedule: in the calculation is the sum of the (1) When using transmissions other 25 percent, as specified in output power of a fully populated than those employing digital § 1.2110(f)(2)(i)(B) of this chapter. channel. For block assigned channels, modulation techniques: the out-of-band emission limits apply (c) A rural service provider, as (i) On any frequency removed from only outside the assigned band of defined in § 1.2110(f)(4) of this chapter, the assigned frequency by more than 50 operation and not within the band. who has not claimed a small business percent up to and including 100 percent (b) [Reserved] bidding credit may use a bidding credit of the authorized bandwidth: At least 25 of 15 percent bidding credit, as decibels; § 30.405 Transmitter power limitations. specified in § 1.2110(f)(4)(i) of this (ii) On any frequency removed from chapter. On any authorized frequency, the the assigned frequency by more than average power delivered to an antenna Subpart E—Special Provisions for 100 percent up to and including 250 in this service must be the minimum Fixed Point-to-Point, Fixed Point-to- percent of the authorized bandwidth: At amount of power necessary to carry out Multipoint Hub Stations, and Fixed least 35 decibels; the communications desired. (iii) On any frequency removed from Point-to-Multipoint User Stations Application of this principle includes, the assigned frequency by more than but is not to be limited to, requiring a § 30.401 Permissible service. 250 percent of the authorized licensee who replaces one or more of its Stations authorized under this subpart bandwidth: At least 43 + 10 Log10 (mean antennas with larger antennas to reduce may deploy stations used solely as fixed output power in watts) decibels, or 80 its antenna input power by an amount point-to-point stations, fixed point-to- decibels, whichever is the lesser appropriate to compensate for the multipoint hub stations, or fixed point- attenuation. increased primary lobe gain of the (2) When using transmissions to-multipoint user stations, as defined replacement antenna(s). In no event employing digital modulation in § 30.2 subject to the technical and shall the average equivalent techniques in situations not covered in operational requirements specified in isotropically radiated power (EIRP), as this section: this subpart. referenced to an isotropic radiator, (i) In any 1 MHz band, the center exceed the following: § 30.402 Frequency tolerance. frequency of which is removed from the assigned frequency by more than 50 The carrier frequency of each MAXIMUM ALLOWABLE EIRP transmitter authorized under this percent up to and including 250 percent subpart must be maintained within the of the authorized bandwidth: As Frequency band (MHz) Fixed (dBW) following percentage of the reference specified by the following equation but in no event less than 11 decibels: 27,500–28,350 1 ...... + 55 frequency (unless otherwise specified in ¥ the instrument of station authorization A = 11 + 0.4(P 50) + 10 Log10 B. 38,600–40,000 ...... + 55 (Attenuation greater than 56 decibels or the reference frequency will be deemed ¥ 1 For Point-to-multipoint user stations au- to be the assigned frequency): to an absolute power of less than 13 thorized in these bands, the EIRP shall not ex- dBm/1MHz is not required.) ceed 55 dBw or 42 dBw/MHz. Frequency tol- (ii) In any 1 MHz band, the center Frequency (MHz) erance (per- frequency of which is removed from the § 30.406 Directional antennas. cent) assigned frequency by more than 250 (a) Unless otherwise authorized upon percent of the authorized bandwidth: At specific request by the applicant, each 27,500 to 28,350 ...... 0.001 least 43 + 10 Log10 (the mean output station authorized under the rules of 38,600 to 40,000 ...... 0.03 power in watts) decibels, or 80 decibels, this subpart must employ a directional whichever is the lesser attenuation. The antenna adjusted with the center of the § 30.403 Bandwidth. authorized bandwidth includes the major lobe of radiation in the horizontal (a) Stations under this sub-part will be nominal radio frequency bandwidth of plane directed toward the receiving authorized any type of emission, an individual transmitter/modulator in station with which it communicates; method of modulation, and block-assigned bands. Equipment provided, however, where a station transmission characteristic, consistent licensed prior to April 1, 2005 shall communicates with more than one

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point, a multi- or omni-directional in areas not subject to frequency antenna standards table shown in this antenna may be authorized if necessary. congestion, antennas meeting paragraph in the following manner: (b) Fixed stations (other than performance Standard B may be used. (1) With either the maximum temporary fixed stations) must employ For frequencies with a Standard B1 and beamwidth to 3 dB points requirement transmitting and receiving antennas a Standard B2, in order to comply with or with the minimum antenna gain (excluding second receiving antennas Standard B an antenna must fully meet requirement; and for operations such as space diversity) either Standard B1 or Standard B2. (2) With the minimum radiation meeting the appropriate performance Licensees shall comply with the Standard A indicated below, except that suppression to angle requirement.

Maximum Minimum radiation suppression to angle in degrees from centerline of main beam beamwidth to Minimum in decibels 1 Frequency Category 3 dB points antenna (MHz) (included gain (dbi) 10° to 15° to 20° to 30° to 100° to 140° to angle in de- 5° to10° ° ° ° ° ° ° grees) 15 20 30 100 140 180

38,600 to A ...... n/a ...... 38 25 29 33 36 42 55 55 40,0002. B ...... n/a ...... 38 20 24 28 32 35 36 36 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Stations authorized to operate in the 38,600–40,000 MHz band may use antennas other than those meeting the Category A standard. How- ever, the Commission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas.

§ 30.407 Antenna polarization. 301, 308, 309, and 310. The holding of (2) State how a grant would serve the In the 27,500–28,350 MHz band, an authorization does not create any public interest, convenience, and system operators are permitted to use rights beyond the terms, conditions, and necessity; any polarization within its service area, period specified in the authorization (3) Contain all information required but only vertical and/or horizontal and shall be subject to the provisions of by FCC rules and application forms; polarization for antennas located within the Communications Act of 1934, as (4) Propose operation of a facility or 20 kilometers of the outermost edge of amended, and the Commission’s rules facilities in compliance with all their service area. and policies thereunder. applicable rules; and (c) Grandfathered registered fixed (5) Be amended as necessary to Subpart F—Shared operation in the links are authorized to operate remain substantially accurate and 71–76 GHz and 81/86 GHz bands consistent with § 101.1529 of this complete in all significant respects, in chapter. accordance with the provisions of § 1.65 § 30.501 Scope. of this chapter. § 30.503 Frequency assignments. (a) This section sets forth the (b) Devices used for Priority Access regulations governing use of devices in (a) Any frequencies designated for must register with a Spectrum Access the 71–76 GHz and 81–86 GHz bands. Priority Access that are not in use by a System and comply with its instructions The operation of all equipment in this Priority Access Licensee may be utilized pursuant to § 30.508. band shall be coordinated by one or by General Authorized Access Users. (c) Records pertaining to PALs, more authorized Spectrum Access (b) An SAS shall assign authorized including applications and licenses, Systems (SASs). devices to specific frequencies, which shall be maintained by the Commission (b) Operations in this band include may be reassigned by that SAS, in a publicly accessible system. Priority Access and General Authorized consistent with this part. § 30.507 General Access. Access tiers of service. Priority Access § 30.504 Technical rules. Licensees and General Authorized (a) Devices used for General Devices in these bands shall be Access Users must not cause harmful Authorized Access must register with subject to the technical rules in subpart interference to Incumbent Users and the Spectrum Access System and C of this part. must accept interference from comply with its instructions. Incumbent Users. General Authorized § 30.505 Protection of Federal incumbents. (b) General Authorized Access Users Access Users must not cause harmful Prior to commencing operation, all shall be permitted to use frequencies interference to Priority Access Licensees operations in these bands must assigned to Priority Access Licenses and must accept interference from complete coordination with Federal when such frequencies are not in use, as Priority Access Licensees. Government links according to the determined by the Spectrum Access System. § 30.502 Authorization required. coordination standards and procedures adopted in Report and Order, FCC 03– (c) Frequencies that are available for (a) Devices must be used and operated 248, and as further detailed in General Authorized Access Use shall be consistent with the rules in this subpart. subsequent implementation public made available on a shared basis. (b) Authorizations for PALs may be notices issued consistent with that (d) General Authorized Access Users granted upon proper application, order. shall have no expectation of interference provided that the applicant is qualified protection from other General in regard to citizenship, character, § 30.506 Priority Access Licenses. Authorized Access Users operating in financial, technical and other criteria (a) Applications for Priority Access accordance with this part. established by the Commission, and that Licenses must: (e) General Authorized Access Users the public interest, convenience and (1) Demonstrate the applicant’s must not cause harmful interference to necessity will be served. See 47 U.S.C. qualifications to hold an authorization; and must accept interference from

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Priority Access Licensees and (h) Ensure secure and reliable from the Commission’s Equipment Grandfathered Registered Links in transmission of information between the Authorization System. accordance with this part. SAS and devices. (i) Protect Grandfathered Registered PART 101—FIXED MICROWAVE § 30.508 Spectrum access system SERVICES purposes and functionality. Links consistent with § 101.1529 of this chapter. The Spectrum Access System shall: (j) Implement the terms of applicable ■ 6. The authority citation for part 101 (a) Enact and enforce all policies and continues to read as follows: procedures developed by the SAS current and future international Administrator. agreements. Authority: 47 U.S.C. 154, 303. (b) Determine and provide to devices § 30.509 Registration, authentication, and ■ 7. Add § 101.1529 to read as follows: the permissible channels or frequencies authorization of devices. at their location. (a) A Spectrum Access System must § 101.529 Grandfathered operation and (c) Determine and provide to devices register, authenticate, and authorize transition to upper microwave flexible use the maximum permissible transmission operations of devices consistent with service. power level at their location. (d) Register and authenticate the this part. Links registered with a third party identification information and location (b) Devices composed of a network of database administrator on or before of devices. base and fixed stations may employ a [insert effective date of rules] that are (e) Ensure that devices protect subsystem for aggregating and constructed, in service, and fully Grandfathered Register Links from communicating all required information compliant with the rules in part 101, exchanges between the SAS and harmful interference. subpart Q as of [insert date one year devices. (f) Protect Priority Access Licensees after effective date of rules] will be (c) A Spectrum Access System must from interference caused by other afforded protection from harmful Priority Access Licenses and from also verify that the FCC identifier (FCC interference caused by Upper General Authorized Access Users. ID) of any device seeking access to its (g) Resolve conflicting uses of the services is valid prior to authorizing it Microwave Flexible Use users until the band while maintaining, as much as to begin providing service. A list of end of their license term. possible, a stable radio frequency devices with valid FCC IDs and the FCC [FR Doc. 2016–19793 Filed 8–23–16; 8:45 am] environment. IDs of those devices is to be obtained BILLING CODE 6712–01–P

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