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Federal Register/Vol. 85, No. 79/Thursday, April 23, 2020/Rules 22804 Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: Flexibility Analysis (FRFA) conforms to COMMISSION Anna Gentry of the Wireless the RFA. Telecommunications Bureau, Mobility Paperwork Reduction Act 47 CFR Parts 1, 2, 25, 27, and 101 Division, at (202) 418–7769 or [email protected]. For information The requirements in §§ 25.138(a) and [GN Docket No. 18–122; FCC 20–22; FRS (b); 25.147(a) through (c); 27.14(w)(1) 16548] regarding the PRA information collection requirements contained in through (4); 27.1412(b)(3)(i), (c) Expanding Flexible Use of the 3.7 to this PRA, contact Cathy Williams, Office introductory text, (c)(2), (d)(1) through 4.2 GHz Band of Managing Director, at (202) 418–2918 (2), and (f) through (h); 27.1413(a)(2) or [email protected]. and (3), (b), and (c)(3) and (7); AGENCY: Federal Communications 27.1414(b)(3), (b)(4)(i) and (iii), and SUPPLEMENTARY INFORMATION: This is a Commission. (c)(1) through (3) and (6) and (7); summary of the Commission’s Report 27.1415; 27.1416(a); 27.1417; 27.1419; ACTION: Final rule. and Order and Order of Proposed 27.1421; 27.1422(c); 27.1424; and SUMMARY: In this document, the Federal Modification in GN Docket No. 18–122, 101.101, Note (2) constitute new or Communications Commission FCC 20–22 adopted February 28, 2020 modified collections subject to the (Commission) adopts rules to reform the and released March 3, 2020. The full Paperwork Reduction Act of 1995 use of the 3.7–4.2 GHz band, also text of the Report and Order and Order (PRA), Public Law 104–13. They will be known as the C-Band. By repacking of Proposed Modification, including all submitted to the Office of Management existing satellite operations into the Appendices, is available for inspection and Budget (OMB) for review under upper 200 megahertz of the band (and and copying during normal business Section 3507(d) of the PRA. OMB, the reserving a 20 megahertz guard band), hours in the FCC Reference Center, 445 general public, and other Federal the Commission makes 280 megahertz 12th Street SW, Room CY–A257, agencies will be invited to comment on of spectrum available for flexible use Washington, DC 20554, or by the new or modified information throughout the contiguous United downloading the text from the collection requirements contained in States, and does so in a manner that Commission’s website at http:// this proceeding. In addition, the ensures the continuous and docs.fcc.gov/public/attachments/FCC- Commission notes that, pursuant to the uninterrupted delivery of services 20-22A1.pdf. Alternative formats are Small Business Paperwork Relief Act of currently offered in the band. The available for people with disabilities 2002, Public Law 107–198, see 44 U.S.C. Commission will hold a public auction (Braille, large print, electronic files, 3506(c)(4), the Commission previously to ensure that the public recovers a audio format), by sending an email to sought, but did not receive, specific substantial portion of the value of this [email protected] or calling the comment on how the Commission might resource. And the Commission Consumer and Governmental Affairs further reduce the information schedules that auction for later this Bureau at (202) 418–0530 (voice), (202) collection burden for small business year, with a robust transition schedule 418–0432 (TTY). concerns with fewer than 25 employees. to ensure that a significant amount of The Commission will send a copy of The Commission describes impacts that spectrum is made available quickly for this Report and Order and Order of might affect small businesses, which upcoming 5G deployments. This action Proposed Modification in a report to be includes more businesses with fewer is the next critical step in advancing sent to Congress and the Government than 25 employees, in the Final American leadership in 5G and Accountability Office pursuant to the Regulatory Flexibility Analysis. Congressional Review Act, see 5 U.S.C. implementing the Commission’s Congressional Review Act comprehensive 5G FAST Plan. The 801(a)(1)(A). The Commission will send a copy of Commission modified the Report and Final Regulatory Flexibility Analysis Order released on March 3, 2020 with this Report & Order to Congress and the an erratum released on March 27, 2020 The Regulatory Flexibility Act (RFA) Government Accountability Office and a second erratum released on April requires that an agency prepare a pursuant to the Congressional Review 16, 2020. The changes from the first and regulatory flexibility analysis for notice Act. See 5 U.S.C. 801(a)(1)(A). In second errata are included in this and comment rulemakings, unless the addition, the Commission will send a document. agency certifies that ‘‘the rule will not, copy of the Report and Order and Order if promulgated, have a significant of Proposed Modification, including this DATES: economic impact on a substantial FRFA, to the Chief Counsel for Effective date: June 22, 2020. number of small entities.’’ Accordingly, Advocacy of the SBA. A copy of the Compliance date: Compliance will the Commission has prepared a Final Report and Order and Order of not be required for §§ 25.138(a) and (b); Regulatory Flexibility Analysis (FRFA) Proposed Modification, and FRFA (or 25.147(a) through (c); 27.14(w)(1) concerning the possible impact of the summaries thereof) will also be through (4); 27.1412(b)(3)(i), (c) rule changes contained in this Report published in the Federal Register. introductory text, (c)(2), (d)(1) and (2), and Order on small entities. As required Synopsis and (f) through (h); 27.1413(a)(2) and by the Regulatory Flexibility Act of (3), (b), and (c)(3) and (7); 27.1414(b)(3), 1980, as amended (RFA), an Initial I. Introduction (b)(4)(i) and (iii), and (c)(1) through (3) Regulatory Flexibility Analysis (IRFA) 1. In this Report and Order, the and (6) and (7); 27.1415; 27.1416(a); was incorporated in the Notice of Commission expands on its efforts to 27.1417; 27.1419; 27.1421; 27.1422(c); Proposed Rulemaking (NPRM) released close the digital divide and promote 27.1424; and 101.101, Note (2) until the in July 2018 in this proceeding (83 FR U.S. leadership in the next generation of Commission publishes a document in 44128, August 29, 2018). The wireless services, including 5G wireless the Federal Register announcing that Commission sought written public and other advanced spectrum-based compliance date. comment on the proposals in the NPRM, services, by reforming the use of the ADDRESSES: Federal Communications including comments on the IRFA. No 3.7–4.2 GHz band, also known as the C- Commission, 445 12th Street SW, comments were filed addressing the Band. By repacking existing satellite Washington, DC 20554. IRFA. This present Final Regulatory operations into the upper 200 megahertz VerDate Sep<11>2014 20:23 Apr 22, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23APR2.SGM 23APR2 lotter on DSKBCFDHB2PROD with RULES2 Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Rules and Regulations 22805 of the band (and reserving a 20 Wireless Act (MOBILE NOW Act), when mobile broadband use in the 3.7–4.2 megahertz guard band), the Commission it considered how to address the GHz band. And in November 2018, the makes a significant amount of pressing need for more spectrum for United Arab Emirates issued licenses in spectrum—280 megahertz or more than wireless broadband. Specifically, the 3.3–3.8 GHz band for the half of the band—available for flexible Section 605(b) of the MOBILE NOW Act establishment of 5G networks. use throughout the contiguous United requires the Commission to evaluate A. Current Use of the 3.7–4.2 GHz Band States, and does so in a manner that ‘‘the feasibility of allowing commercial and Adjacent Bands ensures the continuous and wireless services, licensed or uninterrupted delivery of services unlicensed, to use or share use of the 5. The 3.7–4.2 GHz band currently is currently offered in the band. The frequencies between 3700 megahertz allocated in the United States Commission will hold a public auction and 4200 megahertz.’’ The MOBILE exclusively for non-Federal use on a to ensure that the public recovers a NOW Act also requires that, no later primary basis for Fixed Satellite Service substantial portion of the value of this than December 31, 2022, the Secretary (FSS) and Fixed Service. For FSS, the resource. And it schedules that auction of Commerce and the Commission 3.7–4.2 GHz band (space-to-Earth or for later this year, with a robust ‘‘identify a total of at least 255 downlink) is paired with the 5.925– transition schedule to ensure that a megahertz of Federal and non-Federal 6.425 GHz band (Earth-to-space or significant amount of spectrum is made spectrum for mobile and fixed wireless uplink), and collectively these bands are available quickly for upcoming 5G broadband use.’’ In making 255 known as the ‘‘conventional C-band.’’ deployments. This action is the next megahertz available, the MOBILE NOW Domestically, space station operators critical step in advancing American Act provides that 100 megahertz below use the 3.7–4.2 GHz band to provide leadership in 5G and implementing the 8 GHz shall be identified for unlicensed downlink signals of various bandwidths Commission’s comprehensive strategy use, 100 megahertz below 6 GHz shall to licensed transmit-receive, registered to Facilitate America’s Superiority in 5G be identified for use on an exclusive, receive-only, and unregistered receive- Technology (the 5G FAST Plan).
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