13266 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

rulemaking does not involve technical impose substantial direct costs on tribal PART 52—APPROVAL AND standards; and governments or preempt tribal law as PROMULGATION OF • Does not provide the EPA with the specified by Executive Order 13175 (65 IMPLEMENTATION PLANS discretionary authority to address, as FR 67249, November 9, 2000). ■ 1. The authority citation for part 52 appropriate, disproportionate human List of Subjects in 40 CFR Part 52 health or environmental effects, using continues to read as follows: practicable and legally permissible Environmental protection, Air Authority: 42 U.S.C. 7401 et seq. methods, under Executive Order 12898 pollution control, Incorporation by (59 FR 7629, February 16, 1994). reference, Volatile organic compounds. Subpart AA—Missouri The SIP is not approved to apply on Dated: February 22, 2021. ■ 2. In § 52.1320, the table in paragraph any Indian reservation land or in any Edward H. Chu, (c) is amended by revising the entry other area where the EPA or an Indian Acting Regional Administrator, Region 7. ‘‘10–5.530’’ to read as follows: tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian For the reasons stated in the § 52.1320 Identification of plan. country, the proposed rule does not preamble, the EPA proposes to amend * * * * * have tribal implications and will not 40 CFR part 52 as set forth below: (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State Missouri citation Title effective EPA approval date Explanation date

Missouri Department of Natural Resources

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

******* 10–5.530 ...... Control of Volatile Organic Compound 2/28/2019 [Date of publication of the final rule in the Emissions From Wood Furniture Manu- Federal Register], [Federal Register ci- facturing Operations. tation of the final rule].

*******

* * * * * given the existing and emergent services accessing the ECFS: https:// [FR Doc. 2021–04031 Filed 3–5–21; 8:45 am] offered by incumbent licensees. The www.fcc.gov/ecfs. BILLING CODE 6560–50–P Commission proceeds mindful of the • Paper Filers: Parties who choose to significant investments made by file by paper must file an original and incumbents and values the public one copy of each filing. If more than one FEDERAL COMMUNICATIONS interest benefits that could flow from docket or rulemaking number appears in COMMISSION investments made to provide satellite the caption of this proceeding, filers broadband services, particularly in rural must submit two additional copies for 47 CFR Parts 2, 15, 25, 27 and 101 and other underserved communities each additional docket or rulemaking [WT Docket No. 20–443, GN Docket No. 17– that might be more expensive to serve number. 183, RM–11768 (Proceeding Terminated); through other technologies. The Filings can be sent by commercial FCC 21–13; FRS 17479] Commission believes that it is overnight courier, or by first-class or appropriate, however, to initiate a overnight U.S. Postal Service mail. All Expanding Flexible Use of the 12.2– rulemaking proceeding to allow filings must be addressed to the 12.7 GHz Band interested parties to address whether Commission’s Secretary, Office of the AGENCY: Federal Communications additional operations can be Secretary, Federal Communications Commission. accommodated in the band while Commission. protecting incumbent operations from • ACTION: Proposed rule. Commercial overnight mail (other harmful interference and for the than U.S. Postal Service Express Mail SUMMARY: In this document, the Commission to assess the public interest and Priority Mail) must be sent to 9050 Commission seeks comment on whether considerations associated with adding a Junction Drive, Annapolis Junction, MD it could add a new Mobile allocation or new allocation. 20701. expanded terrestrial service rights in DATES: Comments due on or before • U.S. Postal Service first-class, 500 megahertz of mid-band spectrum April 7, 2021 and reply comments due Express, and Priority mail must be between 12.2–12.7 GHz (12 GHz band) on or before May 7, 2021. addressed to 45 L Street NE, without causing harmful interference to ADDRESSES: You may submit comments, Washington DC 20554. incumbent licensees. Assuming the identified by WT Docket No. 20–443 • Effective March 19, 2020, and until Commission could do so, it seeks and GN Docket No. 17–183, by any of further notice, the Commission no comment on whether that action would the following methods: longer accepts any hand or messenger promote or hinder the delivery of next- • Electronic Filers: Comments may be delivered filings. This is a temporary generation services in the 12 GHz band filed electronically using the internet by measure taken to help protect the health

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13267

and safety of individuals, and to Paperwork Reduction Act parte presentations and memoranda mitigate the transmission of COVID–19. This NPRM may contain potential summarizing oral ex parte • During the time the Commission’s new or revised information collection presentations, and all attachments building is closed to the general public requirements. Therefore, the thereto, must be filed through the and until further notice, if more than Commission seeks comment on electronic comment filing system one docket or rulemaking number potential new or revised information available for that proceeding, and must appears in the caption of a proceeding, collections subject to the Paperwork be filed in their native format (e.g., .doc, paper filers need not submit two Reduction Act of 1995. If the .xml, .ppt, searchable .pdf). Participants additional copies for each additional Commission adopts any new or revised in this proceeding should familiarize docket or rulemaking number; an information collection requirements, the themselves with the Commission’s ex original and one copy are sufficient. Commission will publish a notice in the parte rules. People with Disabilities: To request Federal Register inviting the general Synopsis materials in accessible formats for public and the Office of Management I. Background people with disabilities (braille, large and Budget to comment on the print, electronic files, audio format), information collection requirements, as 1. In the United States, the 12 GHz send an email to [email protected] or call required by the Paperwork Reduction band is allocated on a primary basis for the Consumer & Governmental Affairs Act of 1995, Public Law 104–13. In non-Federal use for Broadcasting Bureau at 202–418–0530 (voice), 202– addition, pursuant to the Small Satellite Service (BSS) (referred to 418–0432 (tty). Business Paperwork Relief Act of 2002, domestically in the band as Direct FOR FURTHER INFORMATION CONTACT: Public Law 107–198, see 44 U.S.C. Broadcast Satellite (DBS), Fixed Madelaine Maior of the Wireless 3506(c)(4), the Commission seeks Satellite Service (space-to-Earth) limited Telecommunications Bureau, specific comment on how it might to non-geostationary orbit systems 1 Broadband Division, at 202–418–1466 further reduce the information (NGSO FSS), and Fixed Service. While or [email protected]; or Simon collection burden for small business these three services are co-primary, Banyai of the Wireless concerns with fewer than 25 employees. NGSO FSS and Fixed Service are Telecommunications Bureau, allocated on a non-harmful interference Ex Parte Rules 2 Broadband Division, at 202–418–1443 basis with respect to BSS. Pursuant to § 1.1200(a) of the or [email protected]. Commission’s rules, this NPRM shall be 1 See 47 CFR 2.106, United States Table of SUPPLEMENTARY INFORMATION: This is a treated as a ‘‘permit-but-disclose’’ Frequency Allocations, non-Federal Table for the summary of the Commission’s Notice of proceeding in accordance with the band 12.2–12.7 GHz. NGSO FSS (space-to-Earth) Proposed Rulemaking (NPRM), in WT Commission’s ex parte rules. Persons operations are authorized pursuant to international footnote 5.487A, which provides additional Docket No. 20–443; FCC 21–13, adopted making ex parte presentations must file allocations including in Region 2 as follows: on January 2, 2021 and released on a copy of any written presentation or a [The 12.2–12.7 GHz is] allocated to the fixed- January 15, 2021. The full text of this memorandum summarizing any oral satellite service (space-to-Earth) on a primary basis, document is available electronically via presentation within two business days limited to non-geostationary systems and subject to the FCC’s website at https:// application of the provisions of [ITU Radio after the presentation (unless a different Regulations] No. 9.12 for coordination with other docs.fcc.gov/public/attachments/FCC- deadline applicable to the Sunshine non-geostationary-satellite systems in the fixed- 21-13A1.pdf or via the FCC’s Electronic period applies). Persons making oral ex satellite service. Non-geostationary-satellite systems Comment Filing System (ECFS) website parte presentations are reminded that in the fixed-satellite service shall not claim at http://www.fcc.gov/ecfs. (Documents protection from geostationary-satellite networks in memoranda summarizing the the broadcasting-satellite service operating in will be available electronically in ASCII, presentation must (1) list all persons accordance with the Radio Regulations, irrespective Microsoft Word, and/or Adobe Acrobat.) attending or otherwise participating in of the dates of receipt by the [ITU Alternative formats are available for the meeting at which the ex parte Radiocommunication] Bureau of the complete people with disabilities (braille, large coordination or notification information, as presentation was made, and (2) appropriate, for the non-geostationary-satellite print, electronic files, audio format), by summarize all data presented and systems in the fixed-satellite service and of the sending an email to [email protected] or arguments made during the complete coordination or notification information, calling the Commission’s Consumer and presentation. If the presentation as appropriate, for the geostationary-satellite Governmental Affairs Bureau at (202) networks, and [international footnote] No. 5.43A consisted in whole or in part of the does not apply. Non-geostationary-satellite systems 418–0530 (voice), (202) 418–0432 presentation of data or arguments in the fixed-satellite service in the [12 GHz band] (TTY). already reflected in the presenter’s shall be operated in such a way that any unacceptable interference that may occur during Regulatory Flexibility Act written comments, memoranda or other filings in the proceeding, the presenter their operation shall be rapidly eliminated. 47 CFR 2.106, n.5.487A. When an international The Regulatory Flexibility Act of may provide citations to such data or footnote is applicable without modification to non- 1980, as amended (RFA), requires that a arguments in his or her prior comments, Federal operations, the Commission places the regulatory flexibility analysis be memoranda, or other filings (specifying footnote on the non-Federal Table. See 47 CFR prepared for notice and comment the relevant page and/or paragraph 2.105(d)(5). 2 See 47 CFR 2.106, n.5.490 (International rulemaking proceedings, unless the numbers where such data or arguments Footnote). In Region 2, in the 12.2–12.7 GHz band, agency certifies that ‘‘the rule will not, can be found) in lieu of summarizing existing and future terrestrial radiocommunication if promulgated, have a significant them in the memorandum. Documents services shall not cause harmful interference to the economic impact on a substantial shown or given to Commission staff space services operating in conformity with the broadcasting satellite Plan for Region 2 contained number of small entities.’’ Accordingly, during ex parte meetings are deemed to in Appendix 30. ‘‘Harmful Interference’’ is defined the Commission has prepared an Initial be written ex parte presentations and under the Commission’s rules as ‘‘[i]nterference Regulatory Flexibility Analysis (IRFA) must be filed consistent with rule which endangers the functioning of a concerning potential rule and policy 1.1206(b). In proceedings governed by radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly changes contained in this NPRM. The rule 1.49(f) or for which the interrupts a radiocommunication service operating IRFA is set forth in Appendix A, visit Commission has made available a in accordance with the ITU Radio Regulations.’’ 47 https://www.fcc.gov/edocs. method of electronic filing, written ex CFR 2.1(c).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 13268 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

2. NGSO FSS operators also have a 2000, the Commission permitted a new stations to 14.0 dBm per 24 megahertz non-federal co-primary downlink terrestrial service, MVDDS, to operate in (¥16.0 dBW per 24 megahertz).13 allocation and access to the 10.7–12.2 the 12 GHz band under the existing 6. To accommodate co-primary DBS GHz band on a co-primary basis with Fixed Service allocation on a co- earth stations that must be protected Fixed Service in 10.7–11.7 GHz and on primary, non-harmful interference basis 3 from interference caused by MVDDS, an a primary basis from 11.7–12.2 GHz. to the incumbent DBS providers, and on MVDDS licensee may not begin Meanwhile, the adjacent frequencies a co-primary basis to NGSO FSS.8 The operation unless it can ensure that the above the band, 12.7–12.75 GHz, are Commission also adopted rules to equivalent power flux density (EPFD) 14 allocated for non-federal Fixed Service, permit NGSO FSS operations in the 12 from a proposed transmitting antenna FSS, and Mobile Service. GHz band at this same time.9 3. Currently there are three services 5. The service rules for MVDDS does not exceed the applicable EPFD 15 authorized and operating in the band: permit one-way digital fixed non- limit at any DBS subscriber location. DBS providers operating under the broadcast service, including one-way Specifically, an MVDDS licensee cannot primary BSS allocation, Multi-Channel direct-to-home/office wireless service.10 begin operation in the 12 GHz band Video and Data Distribution Service To protect DBS, the Commission unless it can ensure that the signal from (MVDDS) licensees operating on a non- adopted technical rules to ensure that its proposed transmitting antenna will harmful interference basis to DBS under MVDDS stations would not cause not exceed certain specified EPFD limits the co-primary Fixed Service allocation, harmful interference to DBS and at the receive antennas of any DBS and NGSO licensees operating on a non- imposed extensive coordination customers of record (i.e., those who harmful interference basis to DBS under requirements on MVDDS licensees for have had their antenna installed either the co-primary NGSO FSS allocation. each proposed station.11 These rules before or within 30 days after the The Commission’s rules enable sharing include detailed frequency coordination MVDDS licensee provides 90-days between co-primary NGSO FSS and procedures, interference protection notice to DBS licensees of its intent to MVDDS using a combination of criteria, and limitations on signal commence operations).16 Accordingly, technical limitations, information emissions, transmitter power levels, and when an MVDDS licensee is proposing sharing, and first-in-time procedures.4 transmitter locations.12 In particular, the to deploy a transmitting antenna, it 4. The Commission added the DBS rules limit the effective isotropic must conduct a survey of the area allocation in the early 1980s 5 and DBS radiated power (EIRP) for MVDDS around its proposed transmitting service began in 1994.6 In 1996 and antenna site to determine the location of 2004, some of these licenses were is not subject to the auction prohibition of the all DBS customers of record that may awarded by competitive bidding.7 In Open-Market Reorganization for the Betterment of potentially be affected by its service.17 International Telecommunications Act, Public Law 106–180, 114 Stat. 48 section 647 (enacted Mar. 12, After coordinating a proposed 3 See 47 CFR 2.106. See also Update to Parts 2 2000), codified at 47 U.S.C. 765f (ORBIT Act). Id. transmitter with DBS licensees, the and 25 Concerning Non-Geostationary, Fixed- at n.3 MVDDS licensee must remediate all Satellite Service Systems and Related Matters, 8 See Amendment of Parts 2 and 25 of the complaints of interference to DBS Report and Order and Further Notice of Proposed Commission’s Rules to Permit Operation of NGSO Rulemaking, 32 FCC Rcd 7809 (2017) (2017 NGSO FSS Systems Co-Frequency with GSO and customers of record for one year after it Order). FSS is co-primary with Fixed Service for Terrestrial Systems in the Ku-Band Frequency begins operating the transmitter.18 individually licensed earth stations. Individually Range, Amendment of the Commission’s Rules to Going forward, the burden shifts to DBS licensed FSS earth stations require coordination Authorize Subsidiary Terrestrial Use of the 12.2– with co-primary Fixed Service. The 2017 NGSO 12.7 GHz Band by Direct Broadcast Satellite licensees for new customers (and after Order also adopted rules to allow blanket earth Licensees and Their Affiliates; and Applications of one year for the customers of record) to station licensing for NGSOs in the 10.7–11.7 GHz Broadwave USA, PDC Broadband Corporation, and take into account the presence of the band on an unprotected basis relative to terrestrial Satellite Receivers, Ltd. to Provide A Fixed Service MVDDS operations and ensure that DBS Fixed Service. As a result, blanket earth station in the 12.2–12.7 GHz Band, ET Docket No. 98–206, licenses for NGSOs cannot claim interference First Report and Order and Further Notice of subscribers do not suffer interference protection from terrestrial Fixed Service in the Proposed Rule Making, 16 FCC Rcd 4096, 4177, from previously coordinated MVDDS band. Id. at 7817, paras. 24–25. para. 213 (2000) (First R&O and FNPRM). stations.19 The Commission found that 4 See 47 CFR 101.113(a) n.11, 101.147(p). 9 Id. at 4099–4100, para. 2; see also Establishment these and the other technical 5 See Inquiry into the Development of Regulatory of Policies and Service Rules for the Non- Policy in Regard to Direct Broadcast Satellites for Geostationary Satellite Orbit, Fixed Satellite Service requirements would ensure that any the Period Following the 1983 Regional in the Ku-band, IB Docket No. 01–96, Report and interference caused to DBS customers Administrative Radio Conference, Report and Order, 17 FCC Rcd 7841 (2002). Order, 90 FCC2d 676 (1982), recon. denied, 53 10 See 47 CFR 101.1407 (two-way services can be 13 See 47 CFR 101.113(a) n.11; 101.147(p). The RR2d 1637 (1983). provided using spectrum in other bands for the EIRP limit for MVDDS is expressed as a power 6 return link). See also Amendment of Parts 2 and 25 See Revision of Rules and Policies for the Direct spectral density, i.e., 14 dBm per 24 megahertz of of the Commission’s Rules to Permit Operation of Broadcast Satellite Service, Report and Order, 11 spectrum. Herein the Commission occasionally NGSO FSS Systems Co-Frequency with GSO and FCC 9712 (1995). DBS operations are subject to the refers to EIRP levels in shorthand, e.g., ‘‘14 dBm.’’ Terrestrial Systems in the Ku-Band Frequency International Telecommunication (ITU) Radio The Commission clarifies that these shorthand Range, Memorandum Opinion and Order and Regulations BSS and Feeder Link Plans contained references are for convenience only. in Appendices 30 and 30A. Second Report and Order, 17 FCC Rcd 9614 (2002) 14 The EPFD is the power flux density produced 7 (MVDDS Second Report and Order) (aff’d In 1996 the Commission held two auctions for at a DBS receive earth station, taking into account DBS orbital slots at 110° and 148° in 1996. See, e.g., Northpoint Technology, LTD et al. v. FCC, 414 F.3d 61 (DC Cir. 2005)). shielding effects and the off-axis discrimination of https://www.fcc.gov/auction/8; https:// the receiving antenna assumed to be pointing at the 11 See 47 CFR 101.1440. www.fcc.gov/auction/9. In 2004, the Commission appropriate DBS satellite(s) from the transmitting held an auction for three licenses for certain 12 See, e.g., MVDDS Second Report & Order, 17 ° ° ° antenna of a MVDDS transmit station. 47 CFR channels at DBS orbital slots at 175, 166 and 157 FCC Rcd at 9634–9664 paras. 53–125; 9690–9695 101.105(a)(4)(ii)(A). but this auction was nullified. See Direct Broadcast paras. 196–209; 47 CFR 25.139 (NGSO FSS 15 The Commission established different EPFD Satellite (DBS) Service Auction Nullified: coordination and information sharing between limits in four regions of the U.S., see 47 CFR Commission Sets Forth Refund Procedures for MVDDS licensees in the 12.2 GHz to 12.7 GHz 101.105(a)(4)(ii)(B), mainly due to differences in Auction No. 52 Winning Bidders and Adopts a band); 25.208(k) (Power flux density limits); rainfall in each region. See, e.g., MVDDS Second Freeze on All New DBS Service Applications, Public 101.103 (Frequency coordination procedures); Report & Order, 17 FCC Rcd at 9691, para. 197. Notice, 20 FCC Rcd 20618, 20618 & n.3 (2005) 101.105 (Interference protection criteria); 101.111 16 (citing Northpoint Technology, Ltd. v. FCC, 412 (Emission limitations); 101.113 (Transmitter power See 47 CFR 101.1440(a). F.3d 145 (DC Cir. 2005)). In its decision, the limitations); 101.129 (Transmitter location); 17 See 47 CFR 101.1440(b). Appellate Court vacated and remanded the section 101.1409 (Treatment of incumbent licensees); 18 See 47 CFR 101.1440(g). of the DBS Auction Order that concluded that DBS 101.1440 (MVDDS protection of DBS). 19 See 47 CFR 101.1440(e) & (g).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13269

will not exceed a level that is 10. In April 2016, the MVDDS 5G conjunction with its Petition, the considered permissible.20 Coalition, which included eleven of the Coalition provided two Coexistence 7. The Commission also enabled twelve MVDDS licensees at that time, Studies that it claimed illustrate that the sharing between co-primary NGSO FSS filed a Petition for Rulemaking new rules it was proposing would and MVDDS using a combination of requesting reforms to the rules for the 12 protect DBS operators in the band but technical limitations, information GHz band.27 The Petition seeks that they would be incompatible with sharing, and first-in-time procedures.21 commencement of a rulemaking NGSO FSS.30 Specifically, these two services gain proceeding to: (i) Add a Mobile 12. In the intervening four years, the priority based on a first-in-time, first-in- allocation at 12.2–12.7 GHz to the Non- Commission has taken action to make right approach, under which NGSO FSS Federal Table of Frequency Allocations, additional spectrum available for 5G receivers and MVDDS transmitting (ii) delete or demote to secondary the services.31 In 2020, the Commission systems are afforded priority in the 12 ‘‘unused’’ NGSO FSS allocation in this initiated a proceeding to consider rule GHz band portion of spectrum vis-a` -vis band from the Non-Federal Table of changes to allow the provision of 5G each other based on which deployed Frequency Allocations, (iii) allow backhaul and broadband to ships and earlier.22 MVDDS licensees to provide two-way, aircraft in motion in the 70/80/90 GHz 8. Most recently, in 2016 and 2017, point-to-point or mobile broadband bands. Additionally in 2020, the proponents of a new generation of service, (iv) eliminate the MVDDS Commission took action to make NGSO FSS systems sought Commission effective isotropic radiated power (EIRP) available 280 megahertz of 3.7–4.2 GHz authority for planned constellations of limit, and (v) seek comment on easing band spectrum while relocating existing hundreds or thousands of small the four regional equivalent power flux satellite operations to the upper part of satellites using several frequency bands, density (EPFD) limits. the band. Also in 2020 the Commission including the 12 GHz band, and in 2017, 11. The Coalition contended that the modernized certain rules governing the the Commission updated its rules to (then) 15-year-old MVDDS rules did not 800 MHz and took action to expand enable the deployment of these account for the ‘‘urgent national unlicensed broadband opportunities in emerging systems.23 priority’’ to make additional spectrum the 6 GHz band. In 2019 the 9. Two U.S.-licensed DBS providers, available for 5G mobile services or the Commission completed Auction 101, DISH Network L.L.C. (DISH) and intervening technological developments licensing 850 megahertz of spectrum for 24 DIRECTV use the band throughout the that would now make it feasible to flexible use in the 28 GHz band. In US to provide DBS directly from provide two-way mobile broadband geostationary-orbit (GSO) satellites to services in the band while which they might interfere) dynamically.’’ MVDDS relatively small dish antennas at tens of 5G Coalition Petition at 18. simultaneously protecting DBS from 30 MVDDDS 5G Coalition Comments, Attach. 1, millions of individual homes and harmful interference.28 The Coalition MVDDS 12.2–12.7 GHz Co-Primary Service businesses. DIRECTV and DISH stated that ‘‘5G services have unique Coexistence (Coexistence 1) and MVDDS 5G Network had over 22 million combined attributes that facilitate sharing in high Coalition Reply, Appx. A, MVDDS 12.2–12.7 GHZ Co-Primary Service Coexistence II (Coexistence 2) subscribers as of the third quarter of frequency bands, such as the MVDDS 2020.25 Meanwhile, eight companies (10 (collectively, Coexistence Studies). band, since they can be used in a 31 Since the Petition was filed in 2016, the legal entities) currently hold 191 of 214 localized way to provide capacity relief Commission has taken action in several proceedings 26 MVDDS licenses. in urban canyons and indoors.’’ 29 In to make more than six gigahertz of spectrum available for 5G service, including 4,950 megahertz 20 of high-band spectrum, over 500 megahertz of mid- See, e.g., MVDDS Second Report & Order, 17 Order, 33 FCC Rcd 10757 (WTB BD Oct. 29, 2018). FCC Rcd at 9640–9663 paras. 67–125, 9691–92, 198; band spectrum, and several swaths of low-band See also Blumenthal DTV LLC, Call Sign WQAR709 spectrum. See e.g., Modernizing and Expanding see also 47 CFR 2.1 (defining harmful interference). (Terminated July 26, 2014). 21 See 47 CFR 101.113(a) n.11; 101.147(p). Access to the 70/80/90 GHz Bands, et al, Notice of 27 Petition of MVDDS 5G Coalition Petition for Proposed Rulemaking and Order, 35 FCC Rcd 6039 22 See 47 CFR 101.103(f)(1); see also 47 CFR Rulemaking, RM–11768, filed Apr. 26, 2016 (2020); Unlicensed Use of the 6 GHz Band; 101.105(a)(4)(i) (limiting the PFD level beyond 3 km (MVDDS 5G Coalition Petition). See also Petition Expanding Flexible Use in Mid-Band Spectrum from an MVDDS station to ¥135 dBW/m2 in any for Rulemakings Filed, Public Notice, Report No. Between 3.7 and 24 GHz, Report and Order, 35 FCC 4 kHz measured and/or calculated at the surface of 3042 (May 9, 2016) (Petition Public Notice). In its Rcd 3852 (2020); Review of the Commission’s Rules the earth), 101.129(b) (prohibiting location of most recent filing, the Coalition’s members were Governing the 896–901/935–940 MHz Band, Report MVDDS transmitting antennas within 10 km of any reported to be: Cass Cable TV, Inc. (Cass Cable), and Order, 35 FCC Rcd 5183 (2020); Improving qualifying NGSO FSS receiver absent mutual DISH Network L.L.C., Go Long Wireless, LTD. (Go Public Safety Communications in the 800 MHz agreement of the licensees). Long Wireless), MDS Operations, Inc., MVD Band, Report and Order, 35 FCC Rcd 4935 (2020); 23 See Update to Parts 2 and 25 Concerning Non- Number 53 Partners, Satellite Receivers, Ltd., Incentive Auction of Upper Microwave Flexible Use Geostationary, Fixed-Satellite Service Systems and SOUTH.COM LLC, Story Communications, LLC, Service Licenses in the Upper 37 GHz, 39 GHz, and Related Matters, Report and Order and Further and Vision Broadband, LLC (Vision Broadband). 47 GHz Bands for Next-Generation Wireless Notice of Proposed Rulemaking, 32 FCC Rcd 7809 See Letter from Chad Winters, Cass Cable, to Services Closes; Winning Bidders Announced for (2017) (recon. pending). Marlene H. Dortch, Secretary, FCC, Docket No. RM– Auction 103, Public Notice, 35 FCC Rcd 2015 24 DIRECTV became a subsidiary of AT&T in July 11768, at 1 (filed May. 28, 2019) (MVDDS 5G (2020); Winning Bidders Announced for Auction of 2015. See, e.g., Applications of AT&T, Inc. and Coalition May 28, 2019 Ex Parte). The Commission 28 GHz Upper Microwave Flexible Use Service DIRECTV for Consent to Assign or Transfer Control notes that MDS Operations subsequently assigned Licenses (Auction 101), Public Notice, 34 FCC Rcd of Licenses and Authorizations, MB Docket No. 14– its remaining 60 MVDDS licenses to RS Access. 4279 (2019); Auction of 24 GHz Upper Microwave 90, Memorandum Opinion and Order, 30 FCC Rcd 28 See MVDDS 5G Coalition Petition at 17–18; Flexible Use Service Licenses Closes; Winning 9131 (2015). Herein the Commission refers to AT&T MVDDS 5G Coalition Reply at 3. Bidders Announced for Auction 102, Public Notice, and DIRECTV interchangeably. 29 MVDDS 5G Coalition Reply at 3. The Coalition 34 FCC Rcd 4296 (2019); Transforming the 2.5 GHz 25 See S&P Market Intelligence, Multichannel notes that, ‘‘with the emergence of 5G, higher Band, Notice of Proposed Rulemaking, 33 FCC Rcd Operators by DMA (Q3 2020). spectrum bands can be used to provide much 4687 (2018); Promoting Investment in the 3550– 26 The remaining 23 licenses automatically needed broadband capacity relief using targeted, 3700 MHz Band, Report and Order, 33 FCC Rcd terminated for failure to meet the buildout small cell deployments (such as in buildings and 10598 (2018); Expanding Flexible Use of the 3.7 to requirement. See Requests of Three Licensees of 22 at urban street level locations) that present a lower 4.2 GHz Band, Order and Notice of Proposed Licenses in the Multichannel Video and Data interference potential than traditional wide-area Rulemaking, 33 FCC Rcd 6915 (2018); Incentive Distribution Service for Extension of Time to Meet macrocell deployments in lower frequency bands. Auction Task Force and Wireless the Final Buildout Requirement for Providing Additionally, advanced antenna techniques like Telecommunications Bureau Grant 600 MHz Substantial Service under § 101.1413 of the ‘‘beamforming’’ and ‘‘beamsteering’’ allow better Licenses, Public Notice, 33 FCC Rcd 869 (2018). See Commission’s Rules, Applications of Three control of transmitter energy, enabling also Federal Communications Commission, The Licensees for Renewal of 22 Licenses in the transmissions to be more narrowly focused to FCC’s 5G FAST Plan, https://www.fcc.gov/5G (last Multichannel Video and Data Distribution Service, desired locations (and away from receivers with visited Jan. 7, 2021).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 13270 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

Auction 102, the Commission licensed 12 GHz band on the outcome of the scope and applicability of these 700 megahertz of spectrum for flexible MVDDS 5G Coalition’s Petition and any conditions.42 use in the 24 GHz band. In Auction 103 other rulemaking initiated on the 15. Since the Commission granted the Commission licensed 3,400 Commission’s own motion.38 The these requests, OneWeb, Kepler megahertz of spectrum for flexible use Commission also agreed with comments Communications (Kepler) and SpaceX in the upper 37 GHz band, the 39 GHz of the MVDDS 5G Coalition that have launched the first satellites of their band, and the 47 GHz band. Also in MVDDS should not have to protect any authorized constellations and additional 2019, the Commission proposed to non-fixed NGSO–FSS operations in the launches are scheduled in 2021. To reconfigure the 900 MHz band to band, if authorized in the future, date, OneWeb has launched 110 facilitate the development of broadband because such operations had not been satellites and Kepler has launched 2 technologies and services.32 The contemplated under the longstanding satellites. SpaceX has deployed more Commission has also taken steps to first-in-time MVDDS/NGSO FSS sharing than 900 satellites that use the 12 GHz provide new opportunities for approach.39 band among other bands, which now innovators and experimenters between 14. The Commission subsequently makes it the largest satellite 95 GHz and 3 THz.33 In 2018, the granted five additional NGSO FSS constellation in the world.43 In addition, Commission proposed providing greater requests to use bands that include 12 through the Commission’s Rural Digital flexibility to current EBS licensees and GHz band (among others).40 Each grant Opportunity Fund reverse auction, new opportunities to obtain unused is subject to modification to bring it into SpaceX received $88.5 million in spectrum in the 2.5 GHz band 34 and conformance with any rules or policies annual support for ten years (or $885 changed the rules governing Priority adopted by the Commission in the million total) to provide broadband Access Licenses (PALs) to spur 5G future; the market-access grants to Space service to 642,925 locations.44 SpaceX investment and deployment in the 3.5 Norway, Kepler, and Theia also state claims that its service is capable of GHz band. In 2017, the Commission that this condition includes any earth providing downlink/uplink speeds of completed Auction 1002, licensing 70 station licenses granted in the future. In 103/42 megabits-per-second and a megahertz of spectrum for flexible use all but the Space Norway Order, the consistently observed median latency of in the 600 MHz band. Commission expressly stated that the 30 milliseconds. 13. The MVDDS 5G Coalition Petition any investments made toward 16. In its most recent filing, the also preceded a 2016 processing round operations in the bands authorized in MVDDS 5G Coalition continues to ask to accept NGSO FSS applications and the United States assume the risk that the Commission to consider petitions for market access in several operations may be subject to additional modernizing MVDDS rules and to frequency bands and the Commission’s conditions or requirements as a result of protect MVDDS interests in the band. reforms to its NGSO FSS rules.35 In any future Commission actions, and all While the MVDDS 5G Coalition 2017, the Commission granted the first of the orders directly or indirectly originally contended that 5G terrestrial of the new generation requests—a referenced the MVDDS 5G Coalition use and NGSO FSS use are petition for market access by WorldVu Petition.41 Parties disagree about the incompatible, other proponents of Satellites Limited (OneWeb) for a flexible use (such as two-way mobile)— planned Low Earth Orbit (LEO) NGSO 38 Id. at 5378, para. 26 (‘‘This grant of U.S. market including some of the members of the satellite system of 720 satellites access and any earth station licenses granted in the MVDDS 5G Coalition—recently have authorized by the United Kingdom in future are subject to modification to bring them into conformance with any rules or policies adopted by 11455, 11462–63, paras. 4–5, 29 (2018), Theia the 10.7–12.7 GHz Band (in addition to the Commission in the future.’’). See also id. at several other bands).36 The Commission Order, 34 FCC Rcd at 3539–40, 3548, paras. 36, 58 5369, para. 6 (‘‘Accordingly, any investment made (2019). toward operations in this band by OneWeb in the concluded that ‘‘the pendency of the 42 Space Exploration Technologies Corp. (SpaceX) United States assume the risk that operations may MVDDS 5G Coalition’s Petition for argues that its authorizations are not conditional in be subject to additional conditions or requirements 12 GHz band. See, e.g., Letter from David Goldman, Rulemaking was not a sufficient reason as a result of such Commission actions.’’). Director of Satellite Policy, SpaceX, to Marlene H. to delay or deny these requests to use 39 Id. at 5370 para. 8. Dortch, Secretary, FCC, Docket No. RM–11768, at 2 the band under the existing NGSO FSS 40 Space Norway AS, Petition for a Declaratory (filed Nov. 5, 2020) (SpaceX Nov. 5, 2020 Ex Parte). 37 allocation and service rules.’’ In Ruling Granting Access to the U.S. Market for the DISH argues that ‘‘every . . . Ku-band authorization granting this request, however, the Arctic Satellite Broadband Mission, Order and is conditioned on the outcome of the 12 GHz Commission conditioned access to the Declaratory Ruling, 32 FCC Rcd 9649 (2018) (Space petition.’’ Letter from Jeffrey H. Blum, Executive Norway Order); Karousel Satellite LLC, Application Vice President, External and Legislative Affairs, for Authority to Launch and Operate a Non- DISH, to Marlene H. Dortch, Secretary, FCC, Docket 32 Review of the Commission’s Rules Governing Geostationary Earth Orbit Satellite System in the No. RM–11768, at 2 (filed Nov. 12, 2020) (DISH the 896–901/935–940 MHz Band, Report and Order, Fixed Satellite Service, Memorandum Opinion, Nov. 12, 2020 Ex Parte); see also id. at 1–2 citing 35 FCC Rcd 5183 (2020). Order and Authorization, 33 FCC Rcd 8485 (2018) SpaceX Order, 33 FCC Rcd 3391, n.88. 33 FCC Opens Spectrum Horizons for New (Karousel Order), Space Exploration Holdings, LLC 43 In a March 2020 NGSO FSS processing round, Services & Technologies, Report and Order, 34 FCC Application For Approval for Orbital Deployment these four companies filed additional applications Rcd 1605 (2019). and Operating Authority for the SpaceX NGSO to use the 12 GHz band. See SpaceX, SAT–LOA– 34 Transforming the 2.5 GHz Band, Notice of Satellite System, Memorandum Opinion Order and 20200526–00055; OneWeb, SAT–MPL–20200526– Proposed Rulemaking, 33 FCC Rcd 4687 (2018). Authorization, 33 FCC Rcd 3391 (2018) (SpaceX 00062; New Spectrum Satellite, SAT–LOA– 35 See Satellite Policy Branch Information; Order), Kepler Communications Inc. Petition for 20200526–00060; Kepler, SAT–PDR–20200526– OneWeb Petition Accepted for Filing (IBFS File No. Declaratory Ruling to Grant Access to the U.S. 00059. These companies have also filed several SAT–LOI–20160428–00041), Cut-Off Established for Market for Kepler’s NGSO FSS System, Order, 33 applications for earth stations. See, e.g., SpaceX Additional NGSO-Like Satellite Applications or FCC Rcd 11453, (2018) (Kepler Order), Theia Application File No. SES–LIC–20190211–00151; Petitions for Operations in the 10.7–12.7 GHz, 14.0– Holdings A, Inc. Request for Authority to Launch SpaceX File Nos. SES–LIC–20190402–00425, SES– 14.5 GHz, 17.8–18.6 GHz, 18.8–19.3 GHz, 27.5– and Operate a Non-Geostationary Satellite Orbit LIC–20190402–00426, SES–LIC–20190402–00427, 28.35 GHz, 28.35–29.1 GHz, and 29.5–30.0 GHz System in the Fixed-Satellite Service, Mobile- SES–LIC–20190402–00450, SES–LIC–20190402– Bands, Public Notice, 31 FCC Rcd 7666 (IB July 15, Satellite Service, and Earth-Exploration Satellite 00451, SES–LIC–20190405–00453; OneWeb 2016). Service, Memorandum, Opinion and Authorization, Application File No. SES–LIC–20190930–01217; 36 See WorldVu Satellites Limited, Petition for 34 FCC Rcd 3526 (2019) (Theia Order). OneWeb Application File No. SES–LIC–20190930– Declaratory Ruling Granting Access to the U.S. 41 See Space Norway Order, 32 FCC Rcd at 9655, 01237. Market for the OneWeb NGSO FSS System, Order 9611, paras. 13, 27 (2017); Karousel Order, 33 FCC 44 Rural Digital Opportunity Fund Phase I and Declaratory Ruling, 32 FCC Rcd 5366 (2017) Rcd at 8486–87, paras. 3, n.14, 25(v) (2018); SpaceX Auction (Auction 904) Closes: Winning Bidders (OneWeb Order). Order, 33 FCC Rcd at 3399, 3401–02, 3407, paras. Announced, Public Notice, 35 FCC Rcd 13888, 37 Id. at 5369 para. 6. 19, 26, 40(r) (2018); Kepler Order, 33 FCC Rcd at Appx. A. (2020).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13271

suggested the possibility of sharing in terrestrial flexible use service is to such technologies, whether there are the band.45 Meanwhile, OneWeb, AT&T compatible with DBS service due to any international agreements on a band Services, Inc. (AT&T), SpaceX, Intelsat technological advances, such as targeted plan or air interface for the 12 GHz License LLC (Intelsat), SES S.A. (SES), small-cell deployments and advanced band, and the impact (if any) on Kepler, and others contend that sharing antenna techniques like beamforming international rights for U.S.-licensed remains impossible between NGSO FSS and beamsteering, which allow better systems that might be affected as a and terrestrial two-way mobile control of transmitter energy and result of its providing for expanded operations. therefore can protect DBS. Other shared use of the band.48 proponents of terrestrial, flexible use of II. Discussion the band similarly argue that 1. Protecting Satellite Incumbents From 17. The Commission has long been developments since the MVDDS Harmful Interference committed to ensuring that spectrum is Petition was submitted in 2016 open up 20. The Commission seeks comment put to its highest and best use. As such, the possibility of coexistence between on the technical parameters that could the Commission commence this DBS, terrestrial flexible use, and NGSO allow additional terrestrial use of the rulemaking proceeding to consider FSS operations, and they maintain that band without causing harmful whether the current rules for the use of the complex technical issues this raises interference to incumbent operators. 12 GHz best serve the public interest. As warrant a new Commission rulemaking. Among other things, the Commission a threshold matter, therefore, the As such, the Commission seeks seeks comment on whether it should Commission seeks comment on how to comment on adding a mobile service allow two-way communications and weigh the spectrum the Commission has allocation throughout the 12 GHz band, flexible use of the band as well as what already made available for 5G over the whether coexistence between and technical parameters would be past four years and the hundreds of among these competing services is appropriate for such new terrestrial satellites that have been launched by the technically achievable and, if so, what operations. For example, assuming NGSO FSS operators in considering mechanisms the Commission might existing MVDDS service rules as the whether it is technically feasible to add consider in facilitating such baseline, should the Commission additional or expanded spectrum rights coexistence. eliminate or modify the EIRP restriction in the 12 GHz band without causing 19. The Commission notes that for terrestrial operators of 14.0 dBm per harmful interference to incumbent section 303(y) provides the Commission 24 megahertz (¥16.0 dBW per 24 licensees (and, if so, whether a with authority to provide for flexible megahertz)? balancing of public interest benefits use operations only if: ‘‘(1) such use is 21. Protecting DBS Operations. The would support taking that step). In the consistent with international sections below, the Commission seeks MVDDS 5G Coalition and others assert agreements to which the United States that coexistence is feasible between comment on two potential approaches is a party; and (2) the Commission finds, to future use of the 12 GHz band: those conducting two-way mobile after notice and opportunity for public operations and existing and future DBS Increasing terrestrial use of the shared comment, that (A) such an allocation band or continuing with the current receivers. They maintain that terrestrial would be in the public interest; (B) such operators could apply existing framework. The Commission seeks use would not deter investment in comment on each approach, including technology profiles and newly available communications services and systems, ultra-high resolution imagery, neither of the costs and benefits, in order to or technology development; and (C) pursue the Commission’s goals of which was available in 2002, with such use would not result in harmful modest adjustments to terrestrial site putting spectrum to its highest-value interference among users.’’ 46 The and most efficient use while protecting locations and radio frequency design Commission seeks comment on whether parameters. The Commission seeks incumbent operations in the band from adding a mobile allocation to the 12 harmful interference. comment on whether, and to what GHz band to allow flexible, terrestrial extent, the MVDDS 5G Coalition’s 47 A. Enhanced Opportunities for Shared use is consistent with this provision. proposed licensing of two-way, mobile Use of the Band In particular, the Commission seeks operations in the band, and its proposed 18. First, the Commission seeks information on the status of elimination of the EIRP limit, would comment on whether it can increase technologies that have been developed substantially redefine the scope of DBS opportunities for shared use of the band or are currently in development that operators’ obligations and potential while protecting incumbents from would allow for two-way mobile burdens under the current regime. If harmful interference. The MVDDS 5G communications in the 12 GHz band, flexible use is authorized in the band, Coalition argues that technological whether standards have been set related should the burden of avoiding or advances since the creation of MVDDS correcting for interference to existing or 46 Balanced Budget Act of 1997, Public Law 105– in 2000 justify revisiting the rules for 33, 111 Stat 251, 268–69 sec. 3005 Flexible Use of future DBS subscribers be revised? Or terrestrial use of the band. Specifically, Electromagnetic Spectrum (codified at 47 U.S.C. should two-way and/or mobile licensees the MVDDS 5G Coalition asserts that 303(y)). See also 47 CFR 2.106, 27.2, 27.3. be subject to the same requirements for 47 The Commission notes the 12 GHz band has protecting DBS subscribers that 45 See e.g., Letter from Martha Suarez, President, not been proposed at the International currently apply to other services in the Telecommunication Union (ITU) for 5G or Dynamic Spectrum Alliance (DSA), to Marlene H. band? How could other factors—such as Dortch, Secretary, FCC, Docket No. RM–11768, at 2 International Mobile Telecommunications (IMT) (filed Aug. 21, 2020) (DSA Aug. 21, 2020 Ex Parte); use at this time. Intelsat Opposition at 3; MVDDS geographic separation, transmitter Letter from Trey Hanbury, Counsel, RS Access, to 5G Coalition Reply at 6; Letter From Grover G. power constraints on terrestrial Marlene H. Dortch, Secretary, FCC, Docket No. RM– Norquist, President, Americans for Tax Reform, et operations, and other siting parameters 11768, at 2–3 (filed Sept. 21, 2020) (RS Access Sept. al., to Marlene H. Dortch, Secretary, FCC, Docket 21, 2020 Ex Parte); DISH Nov. 12, 2020 Ex Parte No. RM–11768, at 3 (filed Oct. 16, 2020) (ATR Oct. at 4 (stating that ‘‘since the 2016 studies, 16, 2020 Ex Parte); Letter from Thomas A. Schatz, 48 See Letter from David Goldman, Director of developments in the satellite industry indicate that President, Citizens Against Government Waste, to Satellite Policy, SpaceX, to Marlene H. Dortch, NGSO FSS constellations possess geostationary-like Marlene H. Dortch, Secretary, FCC, Docket No. RM– Secretary, FCC, Docket No. RM–11768, Attach. A, functions and properties that could prove more 11768, at 3 (filed Oct. 22, 2020) (CAGW Oct. 22, Questions Necessary to Balance the 12 GHz NPRM, compatible with 5G services in the 12 GHz Band 2020 Ex Parte). The Commission seeks comment on at 3–4 (filed Jan. 6, 2021) (SpaceX Jan. 6, 2021 Ex than the last-generation NGSO earth stations.’’). the pertinence of this observation. Parte).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 13272 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

for flexible-use base stations—minimize MVDDS licenses may coexist with DBS, may have increased the degree to which the risk of interference to DBS users? two-way mobile service would create an NGSO FSS constellations and flexible 22. The MVDDS 5G Coalition asserts untenable interference environment for use, including two-way mobile service, that sharing between two-way, higher DBS subscribers. Specifically, AT&T may coexist. Specifically, DISH EIRP mobile operations and DBS, is contends that enabling two-way, mobile maintains that current-generation NGSO possible through careful selection of use—which would include transient FSS constellations possess areas to deploy mobile broadband, signals from unpredictable locations geostationary-like functions and modest adjustments to radiofrequency and angles—would make it impossible properties that could prove more design parameters, elimination of to model and avoid interference to DBS compatible with flexible use than last- interference through geographic receivers, and that it would be generation NGSO earth stations. DISH separation, absorption in the clutter, ‘‘exceptionally difficult for the DBS asserts that to the extent NGSO FSS transmitter power constraints on operator to trace or identify’’ the cause satellites maintain a highly elliptical terrestrial operations, and other of interference as the signal moved. The orbit and time their active operations to mechanisms. The Commission seeks Commission seeks comment on this align with the perigee of their orbit in comment on whether such an approach view. a manner intended to simulate the is feasible, both as a technical and a 25. Protecting NGSO FSS Operations. operation of a GSO system,50 such practical manner. The Commission SpaceX asserts the technical studies operations presumably would be in a seeks comment on the costs and benefits submitted by the MVDDS 5G Coalition better position to coexist with flexible of such an approach. demonstrate that ‘‘while coexistence use operations than a standard NGSO 23. The MVDDS 5G Coalition also between DBS and 5G MVDDS would FSS system. DISH further contends that, suggests that keeping terrestrial signals prove feasible within limits, coexistence given the large number of satellites below the applicable EPFD limit at all between NGSO FSS and 5G MVDDS contemplated by these systems, an DBS antenna locations generally could would not prove feasible, without NGSO FSS antenna should be expected avoid harmful interference to existing substantial constraints on one or both to operate with a much narrower field DBS subscribers regardless of the EIRP services,’’ and that ‘‘MVDDS licensees of view as opposed to one encompassing or whether the operations are fixed or cannot deploy two way 5G services in all realistic azimuths and elevation mobile, or one- or two-way.49 Do the 12.2–12.7 GHz band without angles. Thus, DISH asserts that, at some commenters agree? AT&T notes that overwhelming NGSO FSS operations, level of concentration, large numbers of DBS customers can install dishes even under the current rules, NGSO FSS satellites could operate for anywhere on their premises and notwithstanding new 5G deployment interference purposes like fixed DBS sometimes even on moving vehicles, architectures and newly available high- licensees, because the receiving earth and that DBS operators do not have resolution ground-obstacle data.’’ stations would be directed at a limited access to granular location data for their SpaceX also points out that one such number of proximate points in low- receive terminal installations. Does the 2016 study assumes ‘‘an overly Earth orbit instead of at a nearly Coalition’s proposed solution resolve optimistic 30dB of NGSO user antenna limitless array of different points that concern? Can cell-site EIRP or discrimination toward the horizon and throughout the sky. location be engineered to mitigate any still determines that extreme 27. The Commission seeks comment potential interference? What are interference (C/I = 0dB) into the NGSO on the technical analyses submitted to appropriate EIRP considerations for base receiver will occur from a single 5G date, as well as further information and and mobile stations? Given that all DBS mobile device that is 1,000 meters away studies related to the feasibility, costs, earth stations look toward the southern operating at EIRP of 23dBm per 24MHz and benefits of sharing among these sky for communication with GSO space in free space conditions.’’ SpaceX services. To what extent does NGSO stations orbiting at the equatorial plane, argues that ‘‘[e]xtending this analysis to satellite systems operate in a manner a more relevant threshold of I/N of ¥6 described by DISH? In other words, do and given that high-gain antennas are ¥ necessary for base stations, can base to 12dB yields the conclusion that a all NGSO systems operate in highly station location and/or antenna single 5G mobile device could cause elliptical orbits or with earth stations orientation be situated to provide interference at a distance of greater than pointed toward fixed locations in the greater protection to DBS earth stations? 10km in free space conditions,’’ and that sky? If not, are there plans for NGSO What is the impact of base station height ‘‘[m]ore than one 5G mobile device in system operators to modify their the vicinity would increase this systems in this manner? What would be with respect to interference? Will lower distance.’’ Accordingly, SpaceX asks the implication on latency for end users base station height reduce the potential how DISH would ensure that its 5G if NGSO FSS systems were modified to for interference to both DBS and NGSO? mobile users are always tens of highly elliptical orbits? What is the What are the potential costs associated kilometers from the nearest NGSO user practical range of azimuth and elevation with this solution? antenna on the ground, or angles over which NGSO earth stations 24. AT&T counters that although one- approximately 10 kilometers away for are expected to operate? SpaceX notes way services currently permitted under single 5G mobile devices, with larger that existing NGSO FSS systems are separation distances necessary for authorized to operate down to 10-degree 49 See MVDDS 5G Coalition Petition at 19; MVDDS 5G Coalition Comments at 6 & n.21 (citing multiple 5G devices? Furthermore, it elevation angles in the U.S. and Coexistence 1 at 4). AT&T had argued that there asks if such separation distances are questions whether terrestrial uses could may be potential statutory issues including whether really a practical solution as NGSO FSS be added to the band while still proposed two-way, mobile use of the band would users become ubiquitously deployed in protecting NGSO licensees that use require an independent technical analysis showing that DBS would be protected. AT&T Opposition at the near future? Finally, it inquires if these elevation angles. What level of 2 & n.4 (citing section 1012 of the LOCAL TV Act). under this scheme, 5G operations in an In December 2018, however, this provision the area would cease operations if notified 50 A highly elliptical orbit is a highly eccentrical LOCAL TV Act was stricken. Public Law 106–553, by an NGSO operator of observed orbit with a low perigee and a high apogee. Perigee 114 Stat. 2762, 265–66 sec. 1012 Prevention of is the point in a satellite’s orbit closest to the earth, Interference to Direct Broadcast Satellite Services, interference? while apogee is the point in orbit farthest from the stricken by Public Law 115–334, 132 Stat. 4490, 26. DISH asserts that technological earth. The orbital pattern follows the curve on an 4777–78 sec. 6603 Amendments to Local TV Act. developments in the satellite industry ellipse.

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13273

NGSO FSS satellite concentration not dependent on the 12 GHz band; it services (and would it be materially would ensure that NGSO receiving earth contends that, ‘‘[i]f the FCC were to higher than if the Commission assumes stations would be directed at a limited repurpose the 12 GHz band for outdoor use for the new terrestrial number of proximate points in low- terrestrial 5G services, SpaceX would operations)? What would be the costs Earth orbit? How many earth stations do retain nearly 97% of all spectrum and and benefits of this approach? NGSO operators expect to deploy? What nearly 94% of all space-to-earth 2. Assigning New Terrestrial Use Rights methods can base and mobile stations spectrum made available for its use to avoid causing harmful proposed NGSO FSS system.’’ In 31. The Commission next seeks interference to NGSO receive stations? response, several NGSO operators argue comment on how it should assign any Commenters that contend that that the entirety of the two gigahertz of new terrestrial service rights. Given that coexistence is feasible should address spectrum from 10.7 GHz to 12.7 GHz MVDDS licensees themselves have whether, given the existing technical currently licensed to several NGSO FSS terrestrial usage rights in large rules, sufficient spectrum will be operators for downlink operations is geographic areas across the United available to support new terrestrial necessary for NGSO FSS deployment. States, the Commission seeks comment service and describe the potential costs SpaceX argues there are additional on three approaches to authorize any associated with any solution. constraints in the other portions of new terrestrial rights in the band: (1) 28. The Commission notes that NGSO 10.95–12.2; for example, 10.95–11.7 has Modifying the licenses of existing interests and various other parties argue further non-harmful interference licensees under section 316 of the that expanding terrestrial rights to protections due to terrestrial being Communications Act, (2) auctioning off include flexible use, including two-way, primary, which could affect consumer overlay licenses in the band, and (3) mobile service in the 12 GHz band, earth stations in this portion of the authorizing underlay use of the band. could create harmful interference that band. Others argue that harmful 32. First, should the Commission would jeopardize their offerings, and interference to NGSO operators in the consider modifying existing incumbent undermine the investments that they 500 megahertz of the 12 GHz band licenses using its section 316 authority have made in the band. The would negatively affect NGSO to allow increased terrestrial operational Commission seeks comment on the operators’ ability to split equally the flexibility? In this band, because there appropriate technical criteria that would remaining 1.5 gigahertz of spectrum are several types of existing be necessary to protect NGSO FSS from during in-line interference events. The incumbents—DBS, MVDDS, and harmful interference from higher-power, Commission seeks comment on these NGSO—there are several potential two-way mobile operations. Would the views, but reiterate that it is focused on options for expanding terrestrial rights. existing interference criteria in the protecting incumbent licensees, One option would be to expand the MVDDS rules be sufficient? 51 How including incumbent NGSO operators, rights of existing terrestrial licensees to would an NGSO FSS operator or from harmful interference in this allow them to provide 5G terrestrial subscriber identify the source of any proceeding. services. For instance, when the interference received in the event that 30. Other Technical Means of Commission authorized mobile use in mobile operations are authorized in the Protecting Satellite Incumbents. One the 28 GHz band, it granted mobile band? SpaceX argues that, because the additional approach to protecting rights to existing fixed licensees, after Commission has permitted blanket incumbents would be to restrict new finding that such an approach would authorizations for earth stations in the terrestrial operations to indoor use. The expedite service, and that separating band (enabling millions of consumer Commission has adopted this approach ‘‘fixed’’ and ‘‘mobile’’ rights into earth stations to ubiquitously to permit unlicensed devices to share different bundles could create proliferate), it would be impossible to spectrum with licensed services in unnecessary complexity and potential track these consumer deployments in several bands.52 Such indoor devices for interference. Similarly, the real-time, much less prevent harmful could be used for providing internet Commission has modified other licenses interference to them by transient and connectivity as well as connecting in the past to increase the flexibility internet-of-things devices in both afforded to incumbents to put spectrum unpredictable mobile operations. 53 SpaceX also points out that the sharing consumer and industrial applications. to its highest and best use. Do similar studies submitted by the MVDDS The Commission’s Technological reasons support modifying the MVDDS Coalition confirm that 5G use would Advisory Council 5G/IoT/O–RAN licenses to incorporate greater clearly overwhelm NGSO FSS working group recommended that the flexibility? Or are there distinctions that operations. Given the potential for Commission consider private spectrum suggest the Commission should adopt a NGSO FSS operations to provide much for enterprise internet-of-things devices different approach here? 33. Another option would be to grant needed service in rural and other in locations such as confined geographic flexible terrestrial use rights to the underserved areas, The Commission areas, buildings, and campuses. Could incumbent satellite operators. As seeks comment on the costs and benefits indoor 12 GHz unlicensed devices meet of adding terrestrial two-way mobile this need? Would restricting new 53 See, e.g., Service Rules for Advanced Wireless services to the band. terrestrial devices to indoor uses enable Services in the 2000–2020 MHz and 2180–2200 29. In response to the assertions from them to co-exist with satellite services? MHz Bands (2 GHz bands), WT Docket Nos. 12–70 SpaceX and other NGSO operators about What power level would the indoor and 04–356, ET Docket No. 10–142, Report and the potential for harmful interference, devices need to be limited to avoid Order and Order of Proposed Modification, 27 FCC Rcd 16102, 16220–22, 16224, paras. 319–21, 331– DISH argues that NGSO FSS service is causing harmful interference to satellite 32, (2012) (modifying incumbent MSS licensees to allow widespread terrestrial authorizations); 51 See 47 CFR 101.113(a) n.11, (f)(1); 101.147(p). 52 47 CFR 15.407(d)(3); Unlicensed Use of the 6 Amendment of Part 27 of the Commission’s Rules See also 47 CFR 101.105(a)(4)(i) (limiting the PFD GHz Band, Report and Order and Further Notice of to Govern the Operation of Wireless level beyond 3 km from an MVDDS station to ¥135 Proposed Rulemaking, 35 FCC Rcd 3852, 3888–89, Communications Services in the 2.3 GHz Band, WT dBW/m2 in any 4 kHz measured and/or calculated paras. 98–103(2020); Use of the 5.850–5.925 GHz Docket No. 07–293, Report and Order and Second at the surface of the earth), 101.129(b) (prohibiting Band, First Report and Order, Further Notice of Report and Order, 25 FCC Rcd 11710, 11712, 11723, location of MVDDS transmitting antennas within 10 Proposed Rulemaking, and Order of Proposed paras. 2, 29 (2010) (modifying rules to enable the km of any qualifying NGSO FSS receiver absent Modification, ET Docket No. 19–138, FCC 20–164, deployment of mobile broadband services by mutual agreement of the licensees). para. 61 (adopted Nov. 18, 2020). incumbent terrestrial licensees).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 13274 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

SpaceX notes, the Commission granted DBS operators, while there have been use in an expeditious manner, be terrestrial rights to the AWS–4 band to six NGSO authorizations granted for use appropriate for some or all incumbents existing satellite licensees based on an of the 12 GHz band. Second, the in this band? 55 assumption that closely coordinated apportionment of terrestrial rights 37. Third, should new terrestrial satellite and terrestrial operations would would be further complicated by the operations come in the form of an be necessary to overcome interference fact that one set of operators (DBS) underlay? Under this type of approach, issues. Would affording flexible use currently has superior rights to the other any additional terrestrial operations rights to incumbent satellite operators set of operators (NGSO). Could the likely would need to be authorized at best ensure that these services do not Commission rely on commercial low power and would need to operate experience harmful interference? negotiations to achieve an efficient on an opportunistic basis, not causing 34. Under the current regulatory outcome between these operators, and if harmful interference to—nor seeking regime in the band, DBS operators have not, would it be possible to resolve protection from harmful interference priority over the other services, differences in a manner that both by—the incumbent primary services in including both MVDDS and NGSO comports with section 309(j) and the band. For example, if the technical licensees. Should the Commission grant achieves an efficient and expeditious analysis were to show only that low- flexible terrestrial use rights to DBS outcome? power, two-way operations were licensees based on their priority status? 36. Second, should the Commission feasible, would a low-power, unlicensed One of the potential challenges to such auction overlay licenses for the band? underlay make the most sense, as an approach, however, involves the Some commenters argue that this advocated by Public Knowledge? different ways in which DBS rights and approach would ensure that the new Specifically, Public Knowledge argues terrestrial rights are generally assigned. flexible-use licenses are assigned to that making 500 megahertz of spectrum While the DBS operators have exclusive entities that are capable of rapidly available on an unlicensed or licensed- rights to transmit from each of their deploying in the band. If the by-rule basis could allow for new Wi-Fi orbital slots, they have non-exclusive Commission was to adopt this overlay 6 uses which the Commission has rights in terms of geographic coverage license approach, it expects that new previously supported in the 6 GHz (i.e., they jointly share the right to licensees would not be able to deploy proceeding. If the Commission adopts transmit across the United States using operations that would cause harmful such an approach, could it rely on its the 12.2–12.7 GHz band). In contrast, in interference to incumbent operations traditional part 15 rules for such an order to encourage investment and absent an agreement to the contrary. underlay? Alternatively, should the innovation by terrestrial licensees, the What rights, if any, should overlay Commission consider the auctioning of Commission generally assigns new licensees have to relocate incumbent underlay licenses or licensing underlay terrestrial use licenses on an exclusive operations? Specifically, should the use by rule? The Commission notes that geographic basis. Given that each DBS Commission authorize only voluntary any users of such an underlay would be operator in the band uses the full 12 relocation of incumbent operations, required to fully protect all DBS, NGSO GHz band on a shared basis with the either for a limited period or in FSS, and MVDDS operations. Given this other DBS operator, if the Commission perpetuity? 54 Or should the requirement, the Commission seeks awarded flexible terrestrial use rights to Commission allow mandatory relocation comment on the costs and benefits of an both incumbents, how should the of such operations, either immediately underlay approach. flexible terrestrial use rights be or after some period of time to allow 38. In deciding how to assign new awarded? Could the Commission leave negotiations? If the Commission was to terrestrial rights, the Commission notes this matter to commercial negotiations authorize mandatory relocation, should that several commenters contend that between the parties? If so, would such the new licensees be responsible for MVDDS licensees have failed to provide an approach lead to an efficient finding or consolidating incumbent meaningful commercial service in the outcome? If the Commission cannot rely operations (while ensuring such band. As a construction requirement, solely on negotiation between the DBS operators can continue with MVDDS licensees must make a showing operators, how would it reconcile substantially similar operations and are of substantial service at the end of five conflicts between the DBS operators held harmless financially)? Or should years into the license period and ten over how to apportion terrestrial rights? 56 the Commission designate some portion years into the license period. The The Commission notes that, under of the 12 GHz band or another spectrum Commission established a safe harbor section 309(j) of the Communications for MVDDS of actual delivery of service Act of 1934, as amended, if mutually band for such relocation? What parameters would the Commission need to customers via four separate exclusive applications for initial transmitting locations per million licenses are received, it must use to put down to ensure efficient use of new overlay licenses while protecting competitive bidding to resolve the 55 incumbents? Would a transition See 47 CFR 27.1411–27.1424, Expanding mutual exclusivity. The Commission Flexible Use of the 3.7 to 4.2 GHz Band, GN Docket seeks comment on whether, and how, mechanism like the one used in 3.7–4.2 No. 18–122, Report and Order and Order of the process of negotiating and assigning GHz, including accelerated relocation Proposed Modification, 35 FCC Rcd 2343 (2020). terrestrial rights to DBS operators could payments for incumbents to encourage See also AT&T Aug. 6, 2020 Ex Parte at 6. them to voluntarily make the spectrum 56 47 CFR 101.1413(b) (‘‘The substantial service occur without triggering this requirement is defined as a service that is sound, requirement. available for two-way mobile flexible favorable, and substantially above a level of 35. Alternatively, the Commission mediocre service which might minimally warrant could grant flexible terrestrial use rights 54 In the 900 MHz Report and Order, the renewal.’’). At the end of each period, ‘‘the Commission realigned the band and established a Commission will consider factors such as: (1) to NGSO operators in addition to DBS transition mechanism based primarily on whether the licensee’s operations service niche operators. The Commission notes that negotiations between prospective broadband markets or focus on serving populations outside of this option would create at least two licensees and existing narrowband incumbent areas serviced by other MVDDS licensees; (2) complications. First, there would need licensees. Review of the Commission’s Rules whether the licensee’s operations serve populations Governing the 896–901/935–940 MHz Band, Report with limited access to telecommunications services; to be negotiations between a and Order, Order of Proposed Modification, and and (3) a demonstration of service to a significant significantly larger number of Orders, WT Docket No. 17–200, FCC 20–67, (May portion of the population or land area of the operators—there are currently only two 14, 2020). licensed area.’’ Id.

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13275

population in their license area.57 The results of its technical analysis (for spectrum sharing techniques, such as Commission is aware of only one example, is one approach more spectrum access systems (SASs) that current wide-area commercial MVDDS appropriate than another if it kept a were developed for the Citizens deployment, in Albuquerque, New maximum EIRP for terrestrial Broadband Radio Service and the Mexico.58 Apart from the showing for operations?). automated frequency coordination the Albuquerque license, other licensees 40. Service-Rule Sharing. The (AFC) approach established for report meeting the Commission’s Commission first seeks comment on unlicensed access in the 6 GHz band, substantial service construction whether the operating parameters could facilitate increased terrestrial use requirement for each license based on proposed by the MVDDS 5G Coalition— of the 12 GHz band. How could the safe harbor for MVDDS. Although specifically modifying the power levels dynamic sharing mechanisms facilitate MVDDS licensees point out that they available to terrestrial operations and continued use by DBS, NGSO FSS, and met the required construction modifying some of the coordination MVDDS incumbents, while also benchmarks and claim that they have requirements—are sufficient to enable accommodating potential new uses such plans for future service, these licensees new terrestrial operations. What are the as two-way mobile service? also contend that the current technical maximum power levels and the most 44. What improvements have there rules for MVDDS are prohibitively flexibility that could be granted to new been in dynamic spectrum technology restrictive. Should the Commission terrestrial operations with simple that might enable flexible use and delay expanding flexible-use rights in service-rule sharing while still sharing among these services? For the 12 GHz band until such time as the protecting incumbents from harmful example, are database-based Bureau resolves any issues associated interference? Commenters should coordination systems sophisticated with MVDDS licensee’s substantial discuss the potential benefits and value enough to account for earth stations’ showing filings, as suggested by of terrestrial operations under these receiving data from both thousands of SpaceX? While the Commission expects conditions. NGSO satellites as well as DBS that the Bureau will carefully examine 41. Geographic Sharing. Would receivers, thus permitting mobile the licensees’ filings for compliance geographic sharing protect and facilitate terrestrial use while preventing harmful use of DBS and NGSO FSS in some with the applicable rules, it also seeks interference to all incumbent users? areas without precluding new flexible- comment on the current status of How would such a system work? Is use deployment elsewhere? Would MVDDS network construction. In what there any history of successful dynamic geographic sharing allow higher-power areas are MVDDS licensees currently spectrum sharing involving widely terrestrial operations in certain areas providing services and in what areas do deployed satellites and ubiquitous rather than others? How should such licensees anticipate offering services in terrestrial services? the near term? geographic sharing be structured? Do subscribers of satellite services typically 45. How long would it take to develop 3. Approaches to Sharing receive these services in more rural an automated frequency coordination 39. If coexistence among the co- areas? What are the propagation mechanism for the services in this primary services, i.e., DBS, NGSO FSS, characteristics of this band with respect band? To what extent could the MVDDS incumbents, and the proposed to mobile system coverage? What is the Commission leverage existing flexible-use service (i.e., two-way, cell size? Like other, higher-frequency technologies (either the SASs created for mobile service) is technically feasible 5G bands, will cell size be limited to a the 3.5 GHz band or the AFC being without resulting in harmful few hundred meters based on line-of- developed for the 6 GHz band) to interference to any incumbent service, site conditions? Can smaller sized cells perform these functions? Would an the Commission next seeks comment on provide the flexibility necessary to entirely new system need to be the appropriate means to facilitate such mitigate any potential interference with developed? To the extent the shared use. The Commission recognizes respect to DBS (or NGSO) satellite Commission could repurpose an that its technical analysis as well as service operations either before or after existing system, what benefits or trade- public interest considerations will guide deployment of the network? What are offs would there be between using an its approach to sharing, and it seeks the potential costs and benefits of existing system versus creating an comment on whether particular geographic sharing? entirely new dynamic-use system approaches to sharing depend on certain 42. According to AT&T, the MVDDS specifically tailored to the 12 GHz band? 5G Coalition’s proposal would result in Would such a spectrum sharing system 57 See Amendment of Parts 2 and 25 of the ‘‘some fixed, low-power base stations in be able to satisfy the spectrum access Commission’s Rules to Permit Operation of NGSO ‘unique geographic conditions’ away needs for all the current and potential FSS Systems Co-Frequency with GSO and from the millions of DBS users future satellite and terrestrial operators? Terrestrial Systems in the Ku-Band Frequency sprinkled through virtually every If so, would it be worth the cost and Range, Memorandum Opinion and Order and Second Report and Order, ET Docket No. 98–206, community, perhaps in ‘urban canyons’ burden of such a system to the 17 FCC Rcd 9612, para. 177 (2002). or other places where satellites might respective services? 58 The MVDDS licensee in Albuquerque, New not reach.’’ The Commission seeks 46. If the Commission choose a Mexico, reports that it has deployed a large-scale comment on this view. dynamic sharing approach, it would broadband internet service offering that reaches more than 900,000 people (or approximately 50 43. Dynamic Sharing Between Full propose to follow the existing percent of the population) in the Albuquerque Power Terrestrial and Satellite. prioritization of services for protection, geographic license area. See RS Access, LLC, ULS Federated Wireless claims that with DBS continuing to receive the File No. 0008742312, Required Notification for Call ‘‘industry [has] confidence in the ability highest protection, followed by NGSO Sign WQAR 561, Substantial Service Showing FSS and MVDDS. How should the Supplement at 43–49. ‘‘To build a high-speed, high- of dynamic spectrum sharing power broadband network, RSA/MDS required a technologies to enable new and Commission assign priority under this waiver from the FCC of certain MVDDS operating innovative uses in [ ] spectrum, while approach to new terrestrial operations? constraints—namely, the EIRP levels.’’ Id. at 43 protecting incumbent operations.’’ And should the Commission assign (note omitted). RS Access states that the waiver priority between NGSO FSS and allows a single transmitter to replicate the service Parties such as DISH, DSA, Federated quality of multiple MVDDS transmitters operating Wireless, Public Knowledge, RS Access, MVDDS uses? Should the Commission elsewhere without a waiver. Id. at 43. and WeLink argue that new dynamic continue to apply a ‘‘first-in-time’’

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 13276 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

approach in the context of a more any consumer privacy concerns, or 51. DSA argues that the Commission dynamic sharing environment? protection of proprietary and could promote far more intensive use of 47. The Commission seeks comment confidential business information, that the band by authorizing coordinated on how a dynamic sharing mechanism might arise from the use of one or more access to vacant 12 GHz spectrum on a would incorporate legacy DBS databases to facilitate shared use among secondary basis. It contends that such consumer equipment? AT&T has competing services? 61 an approach would ‘‘provide spectrum- expressed concern that DBS is unlike a 48. If the Commission decides to give as-infrastructure to fixed wireless ISPs fixed service because DBS receivers are priority to new terrestrial flexible-use and other broadband network providers deployed ubiquitously, with some services, vis-a`-vis NGSO FSS or [that operate] in underserved’’ areas, installed on vehicles and thus MVDDS, should it consider an approach including rural and tribal communities. effectively mobile, and because exact similar to that taken in the 3.5 GHz DSA argues that the Commission could geographic coordinates are not known.59 band, in which it auctioned Priority adopt rules for opportunistic access to Could these conditions be remedied and Access Licenses (PALs) to promote locally vacant spectrum in the 12 GHz could the Commission seek information innovative use while protecting band that operate in much the same way to obtain greater granularity of location, incumbents? Federated Wireless argues as the 3.5 GHz band rules authorize information on DBS end-user that the auction of PALs in 3.5 GHz General Authorized Access (GAA) to equipment, the height of such band could serve as a model for how to unused PAL spectrum. Should equipment at the installation location facilitate shared use in the 12 GHz band. coordinated, shared use of the band for and any technical aspects relevant for SpaceX, however, argues that there are high-capacity fixed wireless services be coordination? How would a dynamic important distinctions between the 3.5 authorized on an opportunistic, frequency sharing coordination GHz band and the 12 GHz band that unlicensed, or licensed-by-rule basis? mechanism determine the presence and make it infeasible to auction PALs in 52. Could the 12 GHz band support potential for interference from terrestrial this band. For example, SpaceX asserts opportunistic use of unused spectrum services to DBS? How would such a that there are far fewer earth stations in on a localized basis, such as for high- mechanism incorporate legacy NGSO the 3.5 GHz band than the 12 GHz band capacity fixed wireless in rural and less FSS consumer terminals? If current DBS because FSS use in the former is limited densely populated areas? What or NGSO FSS end-user equipment or to international inter-continental technical and operational rules would databases are not able to support some systems and is subject to case-by-case be needed for such usage to ensure that type of coordination mechanism, should electromagnetic compatibility analysis. incumbent services are protected from the Commission adopt a requirement to In addition, according to SpaceX, harmful interference? Would the incorporate such equipment going blanket earth station licensing in 12 benefits of opportunistic use outweigh forward? Should legacy equipment be GHz means that there are many more the costs, such as the complexity it grandfathered and allowed to operate receivers in the band that cannot be would create and the coordination until a specified end date? The adequately tracked (including DBS burden it would place on incumbents? Commission notes that to receive receivers). The Commission seeks 53. Could such operation be permitted protection from new proposed MVDDS comment on these views. based on sensing technology or a transmitters, NGSO FSS licensees must 49. More broadly, how would database (such as a SAS)? What already maintain a database of fixed dynamic spectrum sharing affect provisions would be needed under subscriber earth stations, in a format existing services? Would it reduce the either type of regime to prevent harmful that can be readily shared with MVDDS incentives of existing operators to invest interference to other services? licensees.60 Would such a database in deployment? During the period in B. Maintaining the Current Framework similarly facilitate protection from new which a sharing technology was 54. Next, the Commission seeks terrestrial mobile two-way services? developed, would it prevent the band comment on whether the costs of How should the Commission address from being put to its most productive use? Or would it facilitate new accommodating new services in the band, including the potential for 59 AT&T Oct. 16, 2020 Ex Parte at 2. According investment and innovation in this band? to AT&T, DBS receivers are tied to subscriber 50. Opportunistic Use of the Band. adverse impact or additional burden on addresses, not specific coordinates, and subscribers Are there other approaches the existing services, exceed the benefits. have the right to move their dish from one location Commission could adopt to enable Several commenters argue that the to another on their property without no notification existing rules and services in the band requirement. Id. operation of opportunistic use of the 12 60 See, e.g., 47 CFR 25.139(a) (requiring NGSO GHz band? What technical and allow for intense and efficient use of FSS licensees to maintain a subscriber database in operational rules would be needed to this spectrum, and that changes to the a format that can be readily shared with MVDDS ensure such systems do not cause band are therefore unnecessary. For licensees for the purpose of determining example, SpaceX’s Starlink system has compliance with the MVDDS transmitting antenna harmful interference to incumbent spacing requirement relating to qualifying existing systems? Considering the spectral needs commenced testing of its service in NGSO FSS subscriber receivers set forth in of DBS, MVDDS, NGSO FSS, would multiple states, and SpaceX asserts it § 101.129); 101.103(f)(1) (prior to the construction there be usable spectrum in enough will begin commercial broadband or addition of an MVDDS transmitting antenna, the service to rural users by the end of 2020. MVDDS licensee shall provide notice of intent to geographic areas to allow for more than construct the proposed antenna site to NGSO FSS de minimis opportunistic use? Would SpaceX cites support from several licensees operating in the 12 GHz band and there be enough interest in such use to organizations for its Starlink system, maintain an internet website of all existing spur equipment manufacturing? such as the Hoh Indian Tribe in transmitting sites and transmitting antennas that are Washington who has stated that scheduled for operation within one year, including Commenters that believe there is a the ‘‘in-service’’ dates); 101.129(b) (MVDDS potential approach should specifically ‘‘because of NGSO service, the tribe licensees must not locate transmitting antennas address the potential value created ‘finally has broadband, distributed to its within 10 km of any qualifying NGSO FSS through sharing and costs of the community in only a matter of weeks’ receiver); 101.1440(b) (for each proposed and that the Commission should transmitter, MVDDS licensees must conduct a proposed solution. survey to determine the location of all DBS ‘maintain the careful and successful customers of record that may potentially be affected 61 SpaceX Jan. 6, 2021 Ex Parte, Attach. A at 2– balance that allows the 12 GHz by the introduction of its MVDDS service). 3. frequency band to provide this

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 13277

service.’ ’’ SpaceX was a winning bidder NGSO FSS would be subjected to the 57. The Commission noted in the in the Rural Digital Opportunity Fund uncertainty of new rules adopted for the OneWeb Order, 32 FCC Rcd 5366 Phase I auction, where it won $888.5 band. Are the potential benefits of (2017), that NGSO FSS operators have million to deploy high-speed broadband further action to facilitate flexible use access to other frequency bands, ‘‘such to unserved homes and businesses over for terrestrial services in the 12 GHz that even if NGSO FSS systems were a ten-year period. SpaceX claims that its band outweighed by the potential precluded entirely from the 12.2–12.7 service is capable of providing uncertainty and the costs caused by GHz band,’’ OneWeb would still retain downlink/uplink speeds of 103/42 granting terrestrial, flexible-use rights in a measure of flexibility to provide its megabits-per-second and a consistently this band? Should the Commission proposed services. Given the observed median latency of 30 conclude that the appropriate balance proliferation of NGSO authorizations milliseconds. According to SpaceX, between satellite and terrestrial use has and ongoing deployments, the making changes to the band potentially already been struck by the framework Commission seeks comment on whether could threaten its planned operations currently in place, such that few or no this remains the case, as well as the while doing little to close the digital revisions to the service rules are costs and benefits of maintaining the divide. How might this uncertainty required? current framework. Additionally, the affect future investment in new systems, 56. As noted above, the Commission Commission adopted similar, though whether in 12 GHz or in other frequency not identical, conditions in the various bands? What actions can the has made a substantial amount of spectrum available for 5G services in the NGSO authorizations for use of the 12 Commission take in this proceeding to GHz band. The Commission seeks ensure that the locations successfully period since the 5G MVDDS Coalition filed its Petition. In particular, since that comment on the various conditions bid for through the RDOF process get included in the NGSO authorizations access to the broadband internet access time, the Commission completed the post-auction transition of the 600 MHz and what effect (if any) these variations service committed to through that should have on its analysis. program? SpaceX further claims that band, making 70 megahertz of low-band spectrum available for 5G. The 58. If the Commission maintains the NGSO systems have the potential to current framework, should it make any provide low latency 5G backhaul using Commission completed three auctions of millimeter-wave spectrum, putting revisions to the MVDDS technical rules 12 GHz band spectrum. Could within the existing regulatory maintaining the current framework nearly five gigahertz of high-band spectrum into the market. At least one framework so as to facilitate more robust allow NGSO-provided backhaul to terrestrial operations without causing proliferate? Alternatively, would nationwide service provider has characterized this spectrum as harmful interference to satellite allowing terrestrial mobile service in the operations in the band? 64 The band harm NGSOs’ ability to provide instrumental to its 5G deployment plans. As for mid-band spectrum, the Commission notes that it contemplated backhaul? If terrestrial mobile and that MVDDS service providers might satellite-based backhaul services cannot Commission has repurposed 480 megahertz between 3550 and 3980 MHz petition for waivers of the technical both be provided in the band, then rules and that, in denying a petition for which service would best serve the and is on track to potentially repurpose an additional adjacent 100 megahertz in reconsideration to increase the power public interest? limit for all MVDDS licenses, it was not 55. AT&T has repeatedly argued that the 3.45 GHz band.63 Have intervening developments over the past four years, prejudging whether a rationale for adopting the proposals of the MVDDS higher EIRP and EPFD limits in rural 5G Coalition would not adequately including the Commission’s work to areas might have some technical merit protect DBS operations in the 12 GHz make additional spectrum resources in certain very specific circumstances. band, which potentially could result in available for 5G and the number of The Commission also stated that after it ‘‘an untenable interference NGSO systems that have been gained experience with MVDDS environment’’ for the tens of millions of authorized to operate using 12 GHz operations, it would entertain requests DBS subscribers receiving programming band spectrum, counsel against making to modify the general EPFD and EIRP via the 12 GHz Band. DISH, which is the changes to the current framework for the limits, if such experience provided other DBS provider in the band, 12 GHz band? The Commission values sufficient justification for such action. disagrees and contends that MVDDS 5G the public interest benefits that could The Commission invites comment on Coalition’s two technical studies have flow from NGSOs offering an affordable whether there are any other changes it demonstrated that geographic solution for delivering high-speed could adopt in revising its existing rules separation, transmitter power internet services to communities that that would improve the efficiency of constraints on MVDDS operations, and might be more expensive to serve incumbent use of the band. other siting parameters, as well as through other technologies. How should absorption due to clutter, can ensure the potential public interest benefits of III. Ordering Clauses those services be balanced by the that interference from terrestrial base 59. It is ordered, pursuant to the Commission as it proceeds with this stations to DBS users would rarely, if authority found in sections 1, 2, 3, 4, 5, rulemaking? ever, occur. If the Commission 7, 301, 302, 303, 304, 307, 309, 310, and maintains the current framework, then 316 of the Communications Act of 1934, NGSO FSS and Fixed Service would consistent with the co-primary status of NGSO FSS 47 U.S.C. 151, 152, 153, 154, 155, 157, continue to operate on a co-primary, and MVDDS. See MVDDS Second Report & Order, 17 FCC Rcd at 9659, para. 111; see also OneWeb 301, 302, 303, 304, 307, 309, 310, and non-harmful interference basis to Order, 32 FCC Rcd at 5370 para. 8. 62 DBS. In that case, neither DBS nor 63 Auction of Priority Access Licenses in the 64 See, e.g., Wireless Telecommunications Bureau 3550–3650 MHz Band Closes; Winning Bidders Seeks Comment on Petitions of Seven Licensees for 62 Under the approach that the Commission Announced for Auction 105, Public Notice, 35 FCC Waiver of Multichannel Video Distribution and adopted for NGSO FSS and MVDDS sharing, first Rcd 9287 (2020); Expanding Flexible Use in the 3.7– Data Service Technical Rules, WT Docket No. 15– in-time NGSO FSS receivers and first in-time 4.2 GHz Band, Report and Order, Order Proposing 218, Public Notice, 30 FCC Rcd 9953 (WTB BD MVDDS transmitting systems are afforded more and Modification, 35 FCC Rcd 2343 (2020), Facilitating 2015) (petitioners seek waivers of 47 CFR 101.113 easier use of the shared 12 GHz band than Shared Use in the 3100–3550 MHz Band, Report note 11, 101.147(p), 101.1407, and 101.1411(a), to subsequent deployments. The Commission and Order and Further Notice of Proposed use the 12 GHz band for two-way, point-to-point concluded that such a result is equitable and Rulemaking, 35 FCC Rcd 11078 (2020). operation at an EIRP up to 55 dBm).

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 13278 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules

316, and §§ 1.407 and 1.411 of the further states that operation on channel Members of the public should note Commission’s rules, 47 CFR 1.407, 27 will not result in any predicted loss that all ex parte contacts are prohibited 1.411, the petition for rulemaking filed of service and would result in a from the time a Notice of Proposed by the MVDDS 5G Coalition, RM–11768, substantial increase in signal Rulemaking is issued to the time the is granted to the extent discussed herein receivability for WRDW viewers. matter is no longer subject to and otherwise terminated, and this We believe that the Petitioner’s Commission consideration or court NPRM in the captioned docket(s) is channel substitution proposal warrants review, see 47 CFR 1.1208. There are, adopted. consideration. Channel 27 can be however, exceptions to this prohibition, 60. It is further ordered that the substituted for channel 12 at Augusta, which can be found in Section 1.1204(a) Commission’s Consumer and Georgia as proposed, in compliance of the Commission’s rules, 47 CFR Governmental Affairs Bureau, Reference with the principal community coverage 1.1204(a). Information Center, shall send a copy of requirements of section 73.625(a) of the See Sections 1.415 and 1.420 of the this NPRM, including the IRAF, to the Commission’s rules at coordinates 33– Commission’s rules for information Chief Counsel for Advocacy of the Small 24–37.0 N and 81–50–36.0 W. In regarding the proper filing procedures Business Administration. addition, we find that this channel for comments, 47 CFR 1.415 and 1.420. Federal Communications Commission. change meets the technical List of Subjects in 47 CFR Part 73 Marlene Dortch, requirements set forth in sections 73.616 and 73.623 of the rules. Secretary, Office of the Secretary. Television. DATES: Comments must be filed on or [FR Doc. 2021–04115 Filed 3–5–21; 8:45 am] Federal Communications Commission. before April 7, 2021 and reply BILLING CODE 6712–01–P comments on or before April 22, 2021. Thomas Horan, Chief of Staff, Media Bureau. ADDRESSES: Federal Communications FEDERAL COMMUNICATIONS Commission, Office of the Secretary, 45 Proposed Rule L Street NE, Washington, DC 20554. In COMMISSION For the reasons discussed in the addition to filing comments with the preamble, the Federal Communications 47 CFR Part 73 FCC, interested parties should serve Commission proposes to amend 47 CFR counsel for petitioner as follows: Joan [MB Docket No. 21–49; RM–11874; DA 21– part 73 as follows: 158; FR ID 17525] Stewart, Esq., Wiley Rein LLP, 1776 Street NW, Washington, DC 20006. PART 73—RADIO BROADCAST Television Broadcasting Services FOR FURTHER INFORMATION CONTACT: SERVICE Augusta, Georgia Andrew Manley, Media Bureau, at (202) 418–0596 or [email protected]. ■ AGENCY: Federal Communications 1. The authority citation for part 73 Commission. SUPPLEMENTARY INFORMATION: This is a continues to read as follows: synopsis of the Commission’s Notice of ACTION: Proposed rule. Authority: 47 U.S.C. 154, 155, 301, 303, Proposed Rulemaking, MB Docket No. 307, 309, 310, 334, 336, and 339. SUMMARY: The Video Division has before 21–49; RM–11874; DA 21–158, adopted ■ it a petition for rulemaking filed February 12, 2021, and released 2. In § 73.622 in paragraph (i) amend November 27, 2020 (Petition) by Gray February 12, 2021. The full text of this the Post-Transition Table of DTV Television Licensee, LLC (Petitioner), document is available for download at Allotments under Illinois by revising the licensee of WRDW–TV (CBS), https://www.fcc.gov/edocs. To request the entry for Superior and York to read channel 12 (WRDW–TV or Station), materials in accessible formats (braille, as follows: Augusta, Georgia. The Petitioner large print, computer diskettes, or audio § 73.622 Digital television table of requests the substitution of channel 27 recordings), please send an email to allotments. for channel 12 at Augusta, Georgia in [email protected] or call the Consumer & * * * * * the DTV Table of Allotments. Government Affairs Bureau at (202) (i) * * * In support of its channel substitution 418–0530 (VOICE), (202) 418–0432 request, the Petitioner states that the (TTY). Community Channel No. Commission has recognized that VHF This document does not contain channels have certain propagation information collection requirements characteristics which may cause subject to the Paperwork Reduction Act ***** reception issues for some viewers, and of 1995, Public Law 104–13. In addition, also that the ‘‘reception of VHF signals therefore, it does not contain any Georgia require larger antennas . . . relative to proposed information collection burden UHF channels.’’ According to the ‘‘for small business concerns with fewer ***** Petitioner, ‘‘many of its viewers than 25 employees,’’ pursuant to the Augusta ...... 27, 30, 31, 42 experience significant difficulty Small Business Paperwork Relief Act of receiving WRDW–TV’s signal’’ and its 2002, Public Law 107–198, see 44 U.S.C. ***** channel substitution proposal will allow 3506(c)(4). Provisions of the Regulatory WRDW ‘‘to deliver a more reliable over- Flexibility Act of 1980, 5 U.S.C. 601– [FR Doc. 2021–04719 Filed 3–5–21; 8:45 am] the-air signal to viewers.’’ The Petitioner 612, do not apply to this proceeding. BILLING CODE 6712–01–P

VerDate Sep<11>2014 16:28 Mar 05, 2021 Jkt 253001 PO 00000 Frm 00062 Fmt 4702 Sfmt 9990 E:\FR\FM\08MRP1.SGM 08MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS