Wireless Telecommunications Bureaus Announces Start Date for Licensing and Registration Process for the 3650-3700 MHz, 74283-74288 [07-6229]
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
this proceeding and are invited to
participate in consultations to develop
the programmatic agreement.
For purposes of commenting on the
programmatic agreement, we propose to
restrict the service list for the
aforementioned project as follows:
sroberts on PROD1PC70 with NOTICES
Don Klima or Representative, Advisory
Council on Historic Preservation, The
Old Post Office Building, Suite 803,
1100 Pennsylvania Avenue, NW.,
Washington, DC 20004
Larry T. Mann, Manager or
Representative, Carolina Power &
Light Company d/b/a Progress Energy
Carolinas, Inc., PO Box 1551, Raleigh,
NC 27602–1551
Tim Bachelder, Devine Tarbell &
Associates, 970 Baxter Boulevard,
Portland, ME 04103
Renee Gledhill-Earley, North Carolina
Department of Cultural Resources,
4617 Mail Service Center, Raleigh, NC
27699–4617
Dr. Wenonah G. Haire or Representative,
CIN THPO, 1536 Tom Stevens Rd,
Rock Hill, SC 29730
Any person on the official service list
for the above-captioned proceeding may
request inclusion on the restricted
service list, or may request that a
restricted service list not be established,
by filing a motion to that effect within
15 days of this notice date. In a request
for inclusion, please identify the
reason(s) why there is an interest to be
included. Also please identify any
concerns about historic properties,
including Traditional Cultural
Properties. If historic properties are to
be identified within the motion, please
use a separate page, and label it NONPUBLIC Information.
An original and 8 copies of any such
motion must be filed with Kimberly D.
Bose, the Secretary of the Commission
(888 First Street, NE., Washington, DC
20426) and must be served on each
person whose name appears on the
official service list. Please put the
project name ‘‘Yadkin-Pee River
Project’’ and number ‘‘P–2206–030’’ on
the front cover of any motion. Motions
may be filed electronically via the
Internet in lieu of paper. The
Commission strongly encourages
electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions
on the Commission’s Web site (https://
www.ferc.gov) under the ‘‘e-Filing’’ link.
If no such motions are filed, the
restricted service list will be effective at
the end of the 15 day period. Otherwise,
a further notice will be issued ruling on
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20:33 Dec 28, 2007
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any motion or motions filed within the
15 day period.
West Jackson boulevard, Chicago,
Illinois.
Kimberly D. Bose,
Secretary.
[FR Doc. E7–25323 Filed 12–28–07; 8:45 am]
DATES:
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8512–9]
Proposed CERCLA Administrative
Cost Recovery Settlement; Mason
Road Lead Site, Mason, OH
Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
AGENCY:
SUMMARY: In accordance with section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (‘‘CERCLA’’), 42 U.S.C.
9622(i), notice is hereby given of a
proposed administrative settlement
which includes compromise of past
response costs incurred in connection
with the Mason Road Lead site in
Mason Ohio with the Board of
Education Mason of Mason City School
District. The settlement requires Settling
Party to reimburse U.S. EPA Hazardous
Substance Superfund $15,917.36 for
costs incurred by U.S. EPA since
December 11, 2004, through the
effective date of this Administrative
Order on Consent to oversee the cleanup of the Mason Road Lead site. The
total past costs incurred between
December 11, 2004, and December 9,
2006, are $19,896.70 and are being
compromised in consideration of the
settling party having completed a
removal action under the terms of a
Unilateral Administrative Order Docket
No: V–W–04–C–803 issued pursuant to
CERCLA section 106(a), 42 U.S.C.
9607(a). The settlement includes a
covenant not to sue the settling party
pursuant to section 107(a) of CERCLA,
42 U.S.C. 9607(a).
For thirty (30) days following the date
of publication of this notice, the Agency
will receive written comments relating
to the settlement. The Agency will
consider all comments received and
may modify or withdraw its consent to
the settlement if comments received
disclose facts or considerations with
indicate that the settlement is
inappropriate, improper, or inadequate.
The U.S. EPA’s response to any
comments received will be available for
public inspection at the U.S. EPA
Record Center, Room 714, U.S. EPA, 77
PO 00000
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Comments must be submitted to
U.S. EPA on or before 30 days from date
of publication of this notice and request
for public comment.
ADDRESSES: The proposed settlement is
available for public inspection at the
U.S. EPA Record Center, Room 714, 77
West Jackson Boulevard, Chicago,
Illinois. A copy of the proposed
settlement may be obtained from the
U.S. EPA Record Center, Room 714, 77
West Jackson Boulevard, Chicago,
Illinois or by calling tel. # (312) 353–
5821. Comments should reference the
Mason Road Lead site in Mason, Ohio
and EPA Docket No. and should be
addressed to Ms. Susan Prout, U.S. EPA
Office of Regional Counsel (C–14J), 77
W. Jackson Boulevard, Chicago, Illinois
60604.
FOR FURTHER INFORMATION CONTACT: Ms.
Susan Prout, U.S. EPA Office of
Regional Counsel (C–14JA), 77 W.
Jackson Boulevard, Chicago, IL 60604 or
at tel. # (312) 353–1029.
Dated: December 17, 2007.
Richard C Karl,
Director, Superfund Division, Region 5.
[FR Doc. 07–6253 Filed 12–28–07; 8:45 am]
BILLING CODE 6560–50–M
FEDERAL COMMUNICATIONS
COMMISSION
[ET Docket No. 04–151; WT Docket No. 05–
96; DA 07–4605]
Wireless Telecommunications Bureaus
Announces Start Date for Licensing
and Registration Process for the 3650–
3700 MHz
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: The Wireless
Telecommunications Bureau (WTB or
Bureau) announces as the start date for
filing applications for nationwide nonexclusive licenses in the 3650–3700
MHz band (3650 MHz band). The
Bureau explains how to use the
Commission’s Universal Licensing
System (ULS) to acquire a nationwide
non-exclusive license for terrestrial
operations in the 3650 MHz band and
how to register fixed and base stations
under such a license.1 Mobile and
1 ULS is the consolidated database, application
filing system, and processing system for all Wireless
Radio Services. ULS supports electronic filing of all
applications and related documents by applicants
and licensees in the Wireless Radio Services, and
provides public access to licensing information.
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
portable stations, which are typically
used by consumers, i.e., end users or
subscribers, do not require a separate
license and do not have to be registered
in ULS.
DATES: The start date for filing
applications for nationwide nonexclusive licenses in the 3650–3700
MHz band (3650 MHz band) is
November 15, 2007.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Jennifer Mock at 202–418–2487. For
additional information and/or
assistance, please visit the Web at
https://esupport.fcc.gov. Interested
persons can also call the FCC at (877)
480–3201 or 717–338–2888 (TTY 717–
338–2824). To provide quality service
and ensure security, all telephone calls
are recorded.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Public
Notice, released November 14, 2007.
The full text of this Public Notice is
available for inspection and copying
during normal business hours in the
FCC Reference Center, Room CY–A–
257, 445 12th Street, SW., Washington,
DC 20554. The complete text may also
be purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc. (BCP), Portals II, 445 12th
Street, SW., Room CY–B402.,
Washington, DC. The complete item is
also available on the Bureau’s Web site
at https://www.fcc.gov/wtb.
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I. Background
In 2005 the Commission adopted a
Report and Order that revised the FCC’s
rules to open the 3650 MHz band for
terrestrial wireless broadband
operations. Recently, the Commission
addressed petitions for reconsideration
of the Report and Order by affirming the
rules and policies adopted in 2005, with
one rule modification and a
clarification.2 These rules involve
minimal regulatory burdens to
encourage multiple entrants and to
stimulate the rapid expansion of
broadband services—especially in
America’s rural heartland—while at the
same time ensuring that incumbent,
grandfathered satellite Earth stations
and Federal radiolocation stations in
this band are protected from harmful
interference. Briefly, there are four key
2 Wireless Operations in the 3650–3700 MHz
Band, ET Docket No. 04–151, Rules for Wireless
Broadband Services in the 3650–3700 MHz Band,
WT Docket No. 05–96, Report and Order, 20 FCC
Rcd 6502 (2005) (2005 Order), recon. granted in
part, Memorandum Opinion and Order, FCC 07–99
(rel. June 7 2007) (2007 MO&O).
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20:08 Dec 28, 2007
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steps involved in obtaining authority to
operate a base or fixed station:
• Obtain a nationwide, non-exclusive
license using ULS.
• Before registering a station, examine
ULS for nearby stations.
• Obtain FCC-certified equipment
(fixed, base and mobile equipment
operating in the band must incorporate
a ‘‘contention-based protocol’’).
• Register each fixed and base station
using ULS.
Nationwide, non-exclusive licenses.
New terrestrial operations in the band
will be licensed on a nationwide, nonexclusive, i.e., shared, basis with other
licensees of the band. However, a
licensee is not authorized to operate a
fixed or base station until that station is
registered with the FCC. All terrestrial
licensees will have the mutual
obligation to cooperate and avoid
harmful interference to one another as
well as to protect grandfathered
operations, as further described below.
There are no eligibility restrictions for
licenses (other than the statutory foreign
ownership restrictions) and no in-band
or out-of-band spectrum aggregation
limits.3 Licenses will have a 10-year
license term and licensees will have a
right to a renewal expectancy. Licensees
will be free to assign and transfer their
nationwide non-exclusive licenses and
to ‘‘assign’’ or share fixed and base
stations that are registered.4 Applicant
qualifications for nationwide nonexclusive licenses in the 3650 MHz
band will be assessed in accordance
with the requirements of FCC Form 601
and the Commission’s rules.
Examine ULS for nearby stations.
Licensees should examine the
registration database 5 before registering
a station and make every effort to ensure
that their fixed or base station will
operate at a location, and with technical
parameters, that will minimize the
potential to cause and receive harmful
interference.6 We emphasize that
3 Certain equipment, based on its FCC
certification and as described below, will be
restricted to operating only in the lower 25
megahertz of the 3650 MHz band.
4 See discussion in Section 0, infra.
5 Licensees can use the ULS license search
located at https://wireless2.fcc.gov/UlsApp/
UlsSearch/searchLicense.jsp to search the database
for licenses with registered locations. The geosearch
capability in ULS will allow interested parties to
specify frequencies or a frequency band and
geographic information such as county and state,
address and radius or geographic coordinates and
radius. ULS will return any licenses with registered
locations within the search criteria. Future
enhancements to the search capability will allow
ULS to display each registered location that meets
the search criteria with a unique identifier.
6 See 47 CFR 90.1319. Channels are available on
a shared basis only and will not be assigned for the
exclusive use of any licensee. Licensees of stations
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coordination is each licensee’s
responsibility and that manufacturers of
FCC-certified equipment are not
responsible for coordination.
FCC-certified equipment: Licensees
should determine, by checking the
equipment manual or asking their
equipment vendor or manufacturer,
whether the equipment they are
planning to use is certified by the FCC
as ‘‘unrestricted’’ or ‘‘restricted.’’ Fixed,
base, mobile, and portable equipment in
the 3650 MHz band must use
‘‘contention-based protocols’’ and will
be certified as either ‘‘unrestricted’’ or
‘‘restricted.’’ Contention-based protocols
will allow multiple users to share the
same spectrum by defining the events
that must occur when two or more
devices attempt to simultaneously
access the same channel and
establishing rules by which each device
is provided a reasonable opportunity to
operate.
—Unrestricted contention protocols are
broadly compatible and function to
prevent interference even with
other, dissimilar contention
technologies on the market.
Equipment using an unrestricted
protocol can operate on all 50
megahertz (3650–3700 MHz).7
—Restricted contention protocols can
prevent interference only with other
devices incorporating the same or
similar protocols. Equipment using
a restricted protocol can operate
only on the lower 25 megahertz
(3650–3675 MHz).8
Note: Applications for nationwide, nonexclusive licenses may be filed now and
licensees may file station registrations for
restricted equipment.
Note: Licensees may NOT file station
registrations for unrestricted equipment until
the FCC has certified unrestricted equipment
for the 3650 MHz band.
Register each fixed and base station.
A licensee will be allowed to register all
of its fixed and base stations under one
suffering or causing harmful interference are
expected to cooperate and resolve the problem by
mutually satisfactory arrangements. Id.
7 47 CFR 90.7, 90.1319(c). For unrestricted
devices, the FCC’s Equipment Authorization
Database and the grant of equipment certification
will include note code ‘‘UR’’ and the following text:
‘‘This device incorporates an unrestricted
contention based protocol. It is capable of avoiding
co-frequency interference with devices using other
types of contention-based protocols.’’
8 47 CFR 90.1319(c). For restricted devices, the
FCC’s Equipment Authorization Database and the
grant of equipment certification will include note
code ‘‘RS’’ and the following text: ‘‘This device
incorporates a restricted contention based protocol.
It may not be capable of avoiding co-frequency
interference with devices using other types of
contention-based protocols. Operation is restricted
to the 3650–3675 MHz band.’’
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
nationwide, non-exclusive license. Prior
to operating a fixed or base station, the
licensee must register it in ULS, which
will serve as a common database for
licensees to locate each other’s
operations and consult in meeting their
obligation to reach a reasonable
accommodation with the other 3650
MHz band operators nearby. Operations
cannot begin until the application for
registration is in an ‘‘Accepted’’ status
and the nationwide license is updated
on ULS.9
The registration process will also
facilitate protection of grandfathered,
incumbent stations from interference.
There are two types of grandfathered,
incumbent stations that new 3650 MHz
band licensees must protect: nonFederal and Federal.
—Non-Federal. Absent an agreement
between the relevant licensees, new
terrestrial stations are prohibited
(and thus base and fixed stations
cannot be registered) within 150 km
circular protection zones
established around each
grandfathered Fixed Satellite
Service (FSS) Earth station.10
—Federal. Requests to register base or
fixed stations within 80 km circular
protection zones established around
each of three Federal radiolocation
stations will only be placed in an
‘‘Accepted’’ status (and the
nationwide license will only be
updated) on ULS upon successful
coordination by the FCC with the
National Telecommunications and
Information Administration
(NTIA).11
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Note: Licensees should also determine if
there are any nearby Federal radar systems
operating in adjacent bands that could affect
their operations by consulting NTIA TR–99–
361.12
9 Submitted registrations are reviewed for, among
other things, proximity to grandfathered satellite
Earth stations and registration at certain locations
require additional approvals; such as, but not
limited to, international coordination, Federal
coordination, Environmental Assessment, Quiet
Zone, etc. Therefore, a registration is not complete
until it is in an ‘‘Accepted’’ status and the
nationwide license is updated on ULS.
10 The coordinates of the FSS Earth stations are
available at https://www.fcc.gov/ib/sd/3650/. See 47
CFR 90.1331(a)(1). Base and fixed stations may be
located within 150 km of a grandfathered satellite
Earth station if the licensees mutually agree on such
operation. Any negotiations must be conducted in
good faith by all parties. See 47 CFR 90.1331(a)(2)
and (3).
11 See 47 CFR 90.1331(b). The FCC will attempt
to coordinate such requests with the National
Telecommunications and Information
Administration (NTIA) through the Frequency
Assignment Subcommittee of the Interdepartmental
Radio Advisory Committee (IRAC). Id.
12 See id. citing Technical Characteristics of
Radiolocation Systems Operating in the 3.1–3.7
GHz Band and Procedures for Assessing EMC with
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Mobile and portable stations. These
stations are not registered but may only
operate if they can positively receive
and decode an enabling signal
transmitted by a registered base station.
This requirement is intended to ensure
that mobile and portable stations
operate within range of a registered base
station(s), thereby avoiding interference
to grandfathered FSS and Federal
stations. Ordinarily, licensees can meet
this requirement by using FCC-approved
equipment.
Technical rules. Fixed and base
stations will be allowed to operate with
a peak power limit of 25 Watts per 25megahertz bandwidth, and mobile
stations with a peak power limit of 1
Watt per 25-megahertz bandwidth. All
systems must use a contention-based
protocol and only systems using an
unrestricted protocol can operate in the
3675–3700 MHz band. Ordinarily,
licensees can satisfy these requirements
by using FCC-approved equipment.
74285
II. Application for Nationwide, NonExclusive Licenses
Applicants for nationwide nonexclusive licenses in the 3650 MHz
band will use ULS to file the
information request on FCC Form 601
electronically. Applicants can access the
ULS Web site at https://wireless.fcc.gov/
uls. In order to file an application for a
license and to register fixed and base
stations in ULS, applicants must have
an FCC Registration Number (FRN). If
the applicant does not have an existing
FRN, it must register and obtain an FRN
prior to filing the license application.14
FCC Form 601 is the Commission’s
standard application form for wireless
licenses 15 and is required for all filings.
To file electronically, applicants should
log into ULS using their FRN and
password. Once logged in the applicant
should select ‘‘Apply for a New
License’’ from the menu. On the
following page, the applicant should
select Wireless Broadband Services in
the 3650–3700 MHz Band (Radio
Service code NN) from the list of radio
services and click continue. The
applicant should follow the online
prompts to complete the application.
For additional help with the filing
process, the applicant can click on the
Common Questions links that appear on
most pages of the ULS License Manager,
or click the Help link in the upper right
hand corner of the screen. ULS performs
edit checks as information is entered. If
ULS finds an error, it may not allow the
application to be submitted until the
error has been corrected.
Applications are assigned file
numbers and all applications (and major
amendments thereto) that are accepted
for filing will be listed in WTB’s weekly
Public Notice of such applications. An
application may be granted at any time
if WTB finds that the application meets
all of the Commission’s requirements
(e.g., meets qualification requirements,
foreign ownership restrictions, payment
obligations), except that certain
applications, as discussed below, will
not be granted prior to the 31st day
following the issuance of a Public
Notice accepting the application for
filing. When an application is granted,
an authorization will be issued to the
applicant, and the grant will be placed
in WTB’s Weekly Action Public Notice.
Licenses for terrestrial operations in this
band will be issued for the entire
bandwidth of the 3650 MHz band (i.e.,
3650–3700 MHz).
Applicants that plan to operate under
more than one regulatory status, and
that seek to register and operate fixed
and base stations on a non-common
carrier and/or private, internal basis as
early as possible, may file one
application for common carrier
regulatory status and a second
application for non-common carrier
and/or private, internal regulatory
status. Applications to provide non-
Fixed Earth Station Receivers, NTIA TR 99–361,
available at https://www.ntia.doc.gov/osmhome/
reports/ntia99–361/ntia99–361.pdf.
13 Certain applications for a non-exclusive
nationwide license in the 3650 MHz band may be
filed manually; however, all applicants are strongly
encouraged to file electronically using ULS because
licensees who file applications manually risk
dismissal of their applications for routine errors.
14 The FCC Registration Number (FRN) is the 10digit number assigned to all entities (individual and
corporate) that transact business with the FCC
(including via ULS) and is not to be confused with
the fixed and base station registration procedures
discussed below. Applicants can obtain a FRN
using the WTB Web site at https://wireless.fcc.gov
and selecting ‘‘FRN Registration’’ from the right
hand menu under the heading of Licensing.
15 See 47 CFR 1.913(a)(1). License applicants will
not be required to file any associated schedules.
Form 601 Main Form and Schedule M are used for
registrations, as explained below in Section III.
Note: A nationwide, non-exclusive license
does NOT authorize any operation in the
3650 MHz band—unless and until each base
and fixed station is registered in ULS.
The Commission noted that the
licensing and fixed and base station
registration process would be simple
and streamlined and that it will be done
electronically using ULS.13 The
Commission also directed and
authorized WTB to issue the instant
Public Notice, which announces the
start date for filing applications for
nationwide non-exclusive licenses in
the 3650 MHz band as well as
procedures for licensees to register fixed
and base stations.
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
common carrier service and/or for
private, internal communications may
be granted any time after they are
accepted for filing. Applications that
include a request for common carrier
regulatory status will not be granted
prior to the 31st day following the
issuance of a Public Notice accepting
the application for filing.16 This waiting
period accommodates the statutory right
of petitioners to file petitions to deny
against common carrier applications.
System limitations preclude WTB from
processing a non-common carrier
request separately when filed on the
same form as a common carrier request.
However, applicants that are willing to
have their entire application processed
under the ‘‘common carrier’’ track, i.e.,
under the ‘‘notice and 30-day waiting
period’’ of Section 1.945(b), can request
common carrier and non-common
carrier status on a single Form 601.
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III. Fixed and Base Station Data
Registration Process
As discussed above, a licensee must
hold a nationwide, non-exclusive
license before it can register fixed or
base stations, and each base or fixed
station must be registered electronically
in ULS before it can be operated.17 To
register a station, the licensee will need
to provide specific technical details,
including whether the equipment uses a
restricted (RS) or unrestricted (UR)
protocol,18 the FCC Equipment
16 For example, on November 21, 2007, WTB
releases the weekly Public Notice of applications
received between November 12–16, 2007, that are
acceptable for filing. The 31st day following this
Public Notice is Saturday, December 22, 2007,
making Monday, December 24, 2007, the first day
on which a common carrier application received on
November 15–16, 2007, can be granted. A license
is required to file fixed and base station
registrations so an applicant that plans to request
common carrier and non-common carrier/private
status may wish to file one application for common
carrier regulatory status and a second application
for non-common carrier and/or private, internal
regulatory status, as applicable, if it seeks to register
base and fixed stations and begin non-common
carrier/private internal operations as early as
possible.
17 Mobile and portable stations that operate with
a peak EIRP of 1 Watt/25 megahertz and receive and
decode an enabling signal from a base station are
not required to be registered even if used in a fixed
mode.
18 Licenses are advised to consult with the
equipment manufacturer or vendor to determine
whether the equipment is certified as restricted or
unrestricted protocols. That information is also
available by searching the Equipment Authorization
Database at https://fjallfoss.fcc.gov/oetcf/eas/
reports/GenericSearch.cfm using the FCC ID
number of the equipment and referring to the note
code(s) and text of the equipment approval. For
equipment modified according to permissive rules
(see infra note 19), the grant of equipment
certification may indicate both UR and RS, in
which case the status of each licensee’s equipment
will depend on the version of the radio transmitter
installed at each site.
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Identification number (FCC ID number),
the base or fixed station’s location
(latitude and longitude), and other
technical parameters, e.g., EIRP, and
antenna height above ground. If
disputes arise, the FCC ID number
generally will allow licensees and the
Commission to quickly verify whether
the equipment in question is FCCcertified for unrestricted contentionbased protocol operation at 3650–3700
MHz or restricted contention-based
protocol operation, which is limited to
3650–3675 MHz.
Equipment upgrades by or from the
manufacturer. The Commission
recognized that manufacturers, through
software upgrades or other means, may
alter the emission characteristics of
previously deployed devices so that
they move from the restricted to the
unrestricted category. To the extent that
this occurs, the manufacturer will be
responsible for complying with the
Commission’s equipment certification
rules.19 However, to the extent that a
licensee’s previously registered
equipment is then upgraded, the
affected licensee must update its base
and fixed station registrations to reflect
this change (and the registration
application must be in an ‘‘Accepted’’
status and the nationwide license
updated on ULS) before the station
tunes over 3675–3700 MHz.
The process of electronically
registering stations in ULS will begin
when a licensee enters its FRN and
password. Once the licensee is logged
in, it should select ‘‘My Licenses’’ from
the menu. At this point, the licensee
will be presented with a list of call signs
assigned to its FRN. The licensee should
then click on the nationwide nonexclusive (NN radio service) call sign
under which it intends to register its
stations, and then click on the link
labeled ‘‘Register Locations.’’ The
licensee should then click on the link
labeled ‘‘Add New Location.’’ Clicking
on this link will step the licensee
through the filing process for registering
a new fixed or base station. If the
19 See also 47 CFR 2.944 (Software defined
radios) and 2.1043 (Changes in certificated
equipment) which describe the certification
requirements for modified equipment. Section
2.1043(a) sets out the conditions under which a
new grant of certification is required, and Section
2.1043(b) sets out three categories of permissive
changes that may be made without the application
for and grant of new certification. In two of the
three categories of permissive changes, the modified
equipment shall not be marketed under the existing
grant of certification prior to acknowledgement by
the Commission that the change is acceptable. See
47 CFR 2.1043(b)(2),(3). Equipment not originally
certified as software defined radio may not be
upgraded in the field for the new frequency band
or power level without obtaining a new grant of
certification (and a new FCC Identifier).
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proposed station registration requires an
environmental assessment or is located
in a quiet zone, the licensee must
specify this fact on Schedule M and
provide any necessary information in
accordance with the instructions and
FCC Rules. At this time, the complete
registration process must be repeated for
each individual location that the
licensee wishes to register; however,
batch filing will be available to licensees
who have tested this process with us
and have been granted approval to
register their fixed and base stations in
this fashion.
The ULS electronic form performs
edit checks as information is entered.
For instance, ULS will verify that the
specified power and other technical
parameters are within the limits
specified in the FCC rules. Based on the
licensee’s response, ULS will also
determine whether the registrant is
eligible for the full 50 MHz of spectrum
based on the use of an unrestricted
protocol or whether the registrant is
limited to the use of the lower 25 MHz
of the band based on the use of a
restricted protocol. Finally, as part of
the nightly processing, ULS will
automatically, based on the station’s
coordinates, determine whether the base
station is in an area requiring
international coordination or whether
the station is within one of the
protection zones established around the
three grandfathered Federal
radiolocation stations or the
grandfathered FSS Earth stations. For
those licensees attempting to locate
stations within the protection zones
around the three grandfathered Federal
sites, the Commission will refer those
applications to the Frequency
Assignment Subcommittee of the
Interdepartment Radio Advisory
Committee. Stations may only be
located within the protection zone of a
grandfathered FSS station if an
agreement is negotiated between the
parties. If a station is located within the
protection zone of a grandfathered FSS
station and the licensee does not certify
that they have negotiated an agreement
with the grandfathered FSS licensee,
ULS will dismiss the registration
application.20
Station registrations will not be
placed on Public Notice as a matter of
20 Future enhancements to ULS may provide an
alert to the licensee at the time of data entry
indicating that they are attempting to register a
station within the protection zone of a
grandfathered earth station. In the meantime, to
avoid dismissal, licensees should consult the list of
grandfathered FSS earth stations located at https://
www.fcc.gov/ib/sd/3650/ prior to filing to determine
if they are in a location that would require
negotiating an agreement with a grandfathered FSS
earth station.
E:\FR\FM\31DEN1.SGM
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
routine unless they raise a matter of
public significance (e.g., environmental
concerns).21 When the FCC accepts an
individual fixed or base station
registration, ULS will be updated and
the licensee will be notified by letter.
The licensee is not authorized to operate
the station until the application for
registration is in an ‘‘Accepted’’ status
and the nationwide license is updated
on ULS. Individual station registrations
will be available for public inspection
through ULS electronically. We note,
however, that under the current ULS
system, the printed copy of the
nationwide non-exclusive license will
not be updated to reflect station
registrations and will not be re-issued
when individual stations are registered
with that call sign.
sroberts on PROD1PC70 with NOTICES
IV. License Modifications; Transfers
and Assignments
Modifications to nationwide nonexclusive licenses in the 3650 MHz
band will be limited to changing the
data on the FCC Form 601 Main Form,
which contains administrative data and
certifications. Modifications to the nonexclusive nationwide license may be
filed electronically using ULS. To file,
applicants should log into ULS using
their FRN and password. Once logged
in, the applicant should select ‘‘My
Licenses’’ from the menu. At this point,
the licensee will be presented with a list
of call signs assigned to its FRN. The
licensee should then select the
nationwide non-exclusive (NN radio
service) call sign that it intends to
modify and click on the update link in
the navigation menu at the right side of
the screen. The licensee should follow
the online prompts to complete the
application. For additional help with
the filing process, the applicant can
click on the Common Questions links
that appear on most pages of the ULS
License Manager, or click the Help link
in the upper right hand corner of the
screen. Modifications to the nonexclusive nationwide license must be
filed independent of any filing
involving registration of fixed and base
stations.
Wireless licensees in the 3650 MHz
band may assign or transfer their
nationwide non-exclusive licenses using
FCC Form 603. A licensee can only
assign or transfer its entire nonexclusive license and it cannot engage
in partitioning or disaggregation. Any
fixed or base stations registered under a
nationwide non-exclusive license will
21 See, e.g., 47 CFR 1.933(a)(3) (categories of
information of public significance include special
environmental considerations as required by part 1,
FCC Rules).
VerDate Aug<31>2005
20:08 Dec 28, 2007
Jkt 214001
remain associated with that license
during a full assignment or transfer.
Licensees can NOT file applications on
Form 603 to ‘‘assign’’ individual
stations registered under their
nationwide non-exclusive license to
another nationwide non-exclusive
licensee. Rather, licensees are free to
make and record such transactions by
having the first licensee delete the
registered station(s) from its license and
having the second licensee register the
station(s) under its license.
V. Modification of Fixed and Base
Station Registrations
Modifications to fixed or base station
registrations must be done electronically
through ULS. A licensee will initiate the
modification process by going to the
ULS web site and entering its FRN and
password. Once the licensee is logged
in, they should select ‘‘My Licenses’’
from the menu. At this point, the
licensee will be presented with a list of
call signs assigned to their FRN. The
licensee should then click on the
nationwide non-exclusive (NN radio
service) call sign containing the station
it wishes to modify, and then click on
the link labeled ‘‘Register Locations.’’
The licensees will then be presented
with a list of stations associated with
that license. Station registrations can be
modified by clicking on the desired
station link. The process described
above must be repeated for each station
to be modified.
To amend the data on an individual
station registration which is not yet in
an ‘‘Accepted’’ status on ULS, the
process is as follows: The licensee must
go to the ULS Web site and enter its
FRN and password. Then the licensee
should click on the link labeled ‘‘My
Applications’’ and then click on the link
labeled ‘‘Pending’’ to display a list of
applications, which will include
pending registrations. The pending
station registration can be amended by
clicking on the file number of the
desired pending registration and then
clicking on the link labeled ‘‘Update.’’
Under electronic filing, the previously
entered data from Schedule M will be
displayed and the licensee will be
allowed to change the data. The process
described above must be repeated for
each pending registration that is to be
amended.
VI. Filing and Regulatory Fees
The 3650 MHz band is licensed as a
land mobile service, under part 90 of the
FCC’s Rules, for non-exclusive wireless
operations on a Commercial Mobile
Radio Service (CMRS) basis and/or on a
Private Mobile Radio Service (PMRS)
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
74287
basis.22 Such applications are subject to
filing fees under section 1.1102 and
regulatory fees under section 1.1152.23
The Commission’s rules exempt certain
applicants from filing and/or regulatory
fees.24
Listing the current fees in this public
notice would disserve applicants
because the Commission adjusts filing
and regulatory fees periodically as
required by several statutes.25
Applicants and licensees must check
the Wireless Telecommunications
Bureau Fee Filing Guide for current
fees.26 Nonexempt applicants for
nationwide non-exclusive licenses in
the 3650 MHz band will be subject to
application filing and regulatory fee
categories as follows:
• New PMRS non-exclusive
nationwide license applications: Fee
type code PALR.27
• New CMRS non-exclusive
nationwide license applications: Fee
type code PALM.
• Modification of PMRS or CMRS
non-exclusive nationwide license
applications: Fee type code PALM.
• PMRS or CMRS Assignments of
Authorization: Fee type code PALM.
• PMRS or CMRS Transfers of Control
applications: Fee type code PATM.
Individual transmitter location
registrations on ULS are not subject to
filing fees.
VII. Database Accuracy Procedures
In the 2005 Order, the Commission
stated that ‘‘in order to keep the ULS
22 Commercial mobile radio service is a mobile
service that is: (a)(1) Provided for profit, i.e., with
the intent of receiving compensation or monetary
gain; (2) an interconnected service; and (3) available
to the public, or to such classes of eligible users as
to be effectively available to a substantial portion
of the public; or (b) the functional equivalent of
such a mobile service described in paragraph (a).
See 47 CFR 20.3. Private Mobile Radio Service is
a mobile service that is neither a commercial mobile
radio service nor the functional equivalent of a
service that meets the definition of commercial
mobile radio service. Id.
23 See 47 CFR 1.1102 (item 6 sets filing fees for
land mobile operations); 1.1152 (item 4 sets
regulatory fee for PMRS land mobile, item 6 sets the
regulatory fee for CMRS land mobile). Additional
information about the fees is available in the
Wireless Telecommunications Bureau Fee Guide.
See infra note 26.
24 See 47 CFR 1.1114, 1.1162 (exemptions from
filing and regulatory fees, respectively).
25 See 47 U.S.C. 158(b)(1), 159(b)(2).
26 See https://www.fcc.gov/fees/appfees.html and
click on the link to the latest Wireless
Telecommunications Bureau Fee Filing Guide, or
call 1–877–480–3201.
27 An application for authorization to provide
common carrier radio service (Main Form Item 41),
mobile radio service (Main Form Item 42), and
service interconnected to the public telephone
network (Main Form Item 43) should be filed using
the PALM fee type code even if the application also
seeks authority for non-common carrier radio
service and/or private, internal communications
(Item 41) and/or for fixed operation (Item 42).
E:\FR\FM\31DEN1.SGM
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74288
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
licensing and registration database
accurate and up-to-date, we delegate to
the WTB the authority to adopt rules
regarding the reporting of database
information including reporting of any
license or station transfers. The WTB
will issue a Public Notice seeking
comment on these issues, if needed.’’ 28
The public will be able to examine the
registration database online, through
ULS, to determine locations of fixed and
base stations. More specifically, the
database will allow applicants and
licensees to identify the location of base
and fixed stations in the 3650 MHz band
to facilitate cooperation among users
and protection of grandfathered stations
from interference. The database will
also permit the Commission to monitor
the use of this spectrum as new
technologies and services develop.
Over time, the utility of the database
will be diminished if registration data
becomes outdated or otherwise
inaccurate. Thus, we emphasize that the
requirement to register fixed and base
stations prior to operation is ongoing—
operating previously registered but
subsequently modified equipment or
operating parameters would subject the
operator to enforcement action. The
Commission’s rules also require
registrations for unused fixed and base
stations to be deleted.29 For purposes of
this requirement, we will generally
consider a fixed or base station to be
‘‘unused’’ if it has not operated for one
year or more.30 Also, as noted above,
licensees must update their base and
fixed station registrations to reflect
changes resulting from equipment
manufacturer’s software upgrades.
Additional reporting or periodic
certification requirements may be
necessary to maintain accurate and
current data. However, rather than
adopting or seeking comment on
additional measures at this juncture, the
WTB is reserving the right to revisit this
matter in the future after the Bureau, as
well as licensees, have the opportunity
to gauge the effectiveness of the existing
requirements for this new service.
28 2005 Order, 20 FCC Rcd at 6513–14 ¶ 32; see
also 2005 Order at 6536 ¶ 103 (ordering clause
granting WTB delegated authority ‘‘to adopt
requirements regarding the reporting of registration
and licensing information, pertaining to the 3650
MHz Wireless Broadband Services, in the Universal
Licensing System database.’’).
29 See 47 CFR 90.1307.
30 See generally 47 CFR 90.157(a) (‘‘[u]nless stated
otherwise in this part or in a station authorization
* * * any station which has not operated for one
year or more is considered to have been
permanently discontinued.’’).
VerDate Aug<31>2005
20:08 Dec 28, 2007
Jkt 214001
Federal Communications Commission.
Joel D. Taubenblatt,
Acting Deputy Chief, Wireless
Telecommunications Bureau.
[FR Doc. 07–6229 Filed 12–28–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
Appraisal Subcommittee; Information
Collection Submitted for OMB Review
and Comment Request
Appraisal Subcommittee,
Federal Financial Institutions
Examination Council.
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1980 (44
U.S.C. Chapter 35), the Appraisal
Subcommittee of the Federal Financial
Institutions Examination Council
(‘‘ASC’’) will submit to the Office of
Management and Budget (‘‘OMB’’) for
clearance the following information
collection, without change from a
previously approved collection.
DATES: Comments on this information
collection must be received on or before
January 30, 2008.
ADDRESSES: Send comments to Marc L.
Weinberg, Acting Executive Director
and General Counsel, Appraisal
Subcommittee, 2000 K Street, NW.,
Suite 310, Washington, DC 20006; and
Mark D. Menchik, Clearance Officer,
Office of Management and Budget, New
Executive Office Building, Room 10236,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Marc L. Weinberg, Acting Executive
Director and General Counsel, Appraisal
Subcommittee, 2000 K NW., Suite 310,
Washington, DC 20006, from whom
copies of the information collection and
supporting documents are available.
SUMMARY:
Summary of Revision
Title: Description of Office,
Procedures, Public Information, 12 CFR
part 1102, subpart D.
Type of Review: Regular submission.
Description: The information
collection enables the ASC to comply
with the Freedom of Information Act, as
amended, (‘‘FOIA’’ 5 U.S.C. 552. It will
be used by the ASC and its staff in
determining whether requests for access
to ASC records should be provided and
whether appeals from adverse agency
decisions regarding access should be
granted under FOIA.
Form Number: None.
OMB Number: 3139–0004.
Affected Public: All members of the
public.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Number of Respondents: 11
respondents.
Total Annual Responses: 11
responses.
Average Hours per Response: 20
minutes.
Total Annual Burden Hours: 3.67
hours.
By the Appraisal Subcommittee of the
Federal Financial Institutions Examination
Council.
Dated: December 21, 2007.
Marc L. Weinberg,
Acting Executive Director & General Counsel.
[FR Doc. 07–6228 Filed 12–28–07; 8:45 am]
BILLING CODE 6210–01–M
FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
Appraisal Subcommittee; Information
Collection Submitted for OMB Review
and Comment Request
Appraisal Subcommittee,
Federal Financial Institutions
Examination Council.
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1980 (44
U.S.C. Chapter 35), the Appraisal
Subcommittee of the Federal Financial
Institutions Examination Council
(‘‘ASC’’) will submit to the Office of
Management and Budget (‘‘OMB’’) for
clearance the following information
collection, without change from a
previously approved collection.
DATES: Comments on this information
collection must be received on or before
January 30, 2008.
ADDRESSES: Send comments to Marc L.
Weinberg, Acting Executive Director
and General Counsel, Appraisal
Subcommittee, 2000 K Street, NW.,
Suite 310, Washington, DC 20006; and
Mark D. Menchik, Clearance Officer,
Office of Management and Budget, New
Executive Office Building, Rom 10236,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Marc L. Weinberg, Acting Executive
Director and General Counsel, Appraisal
Subcommittee, 2000 K Street, NW.,
Suite 310, Washington, DC 20006, from
whom copies of the information
collection and supporting documents
are available.
Summary of Revision
Title: Temporary Waiver Requests,
Rules 1102.1 through 1102.7, 12 CFR
part 1102, subpart A.
Type of Review: Regular submission.
Description: The information will be
used by the ASC and its staff Requests
E:\FR\FM\31DEN1.SGM
31DEN1
]]>Agencies
[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74283-74288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-6229]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[ET Docket No. 04-151; WT Docket No. 05-96; DA 07-4605]
Wireless Telecommunications Bureaus Announces Start Date for
Licensing and Registration Process for the 3650-3700 MHz
AGENCY: Federal Communications Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Wireless Telecommunications Bureau (WTB or Bureau)
announces as the start date for filing applications for nationwide non-
exclusive licenses in the 3650-3700 MHz band (3650 MHz band). The
Bureau explains how to use the Commission's Universal Licensing System
(ULS) to acquire a nationwide non-exclusive license for terrestrial
operations in the 3650 MHz band and how to register fixed and base
stations under such a license.\1\ Mobile and
[[Page 74284]]
portable stations, which are typically used by consumers, i.e., end
users or subscribers, do not require a separate license and do not have
to be registered in ULS.
---------------------------------------------------------------------------
\1\ ULS is the consolidated database, application filing system,
and processing system for all Wireless Radio Services. ULS supports
electronic filing of all applications and related documents by
applicants and licensees in the Wireless Radio Services, and
provides public access to licensing information.
DATES: The start date for filing applications for nationwide non-
exclusive licenses in the 3650-3700 MHz band (3650 MHz band) is
---------------------------------------------------------------------------
November 15, 2007.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Jennifer Mock at 202-418-2487. For
additional information and/or assistance, please visit the Web at
https://esupport.fcc.gov. Interested persons can also call the FCC at
(877) 480-3201 or 717-338-2888 (TTY 717-338-2824). To provide quality
service and ensure security, all telephone calls are recorded.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, released November 14, 2007. The full text of this Public Notice
is available for inspection and copying during normal business hours in
the FCC Reference Center, Room CY-A-257, 445 12th Street, SW.,
Washington, DC 20554. The complete text may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.
(BCP), Portals II, 445 12th Street, SW., Room CY-B402., Washington, DC.
The complete item is also available on the Bureau's Web site at https://
www.fcc.gov/wtb.
I. Background
In 2005 the Commission adopted a Report and Order that revised the
FCC's rules to open the 3650 MHz band for terrestrial wireless
broadband operations. Recently, the Commission addressed petitions for
reconsideration of the Report and Order by affirming the rules and
policies adopted in 2005, with one rule modification and a
clarification.\2\ These rules involve minimal regulatory burdens to
encourage multiple entrants and to stimulate the rapid expansion of
broadband services--especially in America's rural heartland--while at
the same time ensuring that incumbent, grandfathered satellite Earth
stations and Federal radiolocation stations in this band are protected
from harmful interference. Briefly, there are four key steps involved
in obtaining authority to operate a base or fixed station:
---------------------------------------------------------------------------
\2\ Wireless Operations in the 3650-3700 MHz Band, ET Docket No.
04-151, Rules for Wireless Broadband Services in the 3650-3700 MHz
Band, WT Docket No. 05-96, Report and Order, 20 FCC Rcd 6502 (2005)
(2005 Order), recon. granted in part, Memorandum Opinion and Order,
FCC 07-99 (rel. June 7 2007) (2007 MO&O).
---------------------------------------------------------------------------
Obtain a nationwide, non-exclusive license using ULS.
Before registering a station, examine ULS for nearby
stations.
Obtain FCC-certified equipment (fixed, base and mobile
equipment operating in the band must incorporate a ``contention-based
protocol'').
Register each fixed and base station using ULS.
Nationwide, non-exclusive licenses. New terrestrial operations in
the band will be licensed on a nationwide, non-exclusive, i.e., shared,
basis with other licensees of the band. However, a licensee is not
authorized to operate a fixed or base station until that station is
registered with the FCC. All terrestrial licensees will have the mutual
obligation to cooperate and avoid harmful interference to one another
as well as to protect grandfathered operations, as further described
below. There are no eligibility restrictions for licenses (other than
the statutory foreign ownership restrictions) and no in-band or out-of-
band spectrum aggregation limits.\3\ Licenses will have a 10-year
license term and licensees will have a right to a renewal expectancy.
Licensees will be free to assign and transfer their nationwide non-
exclusive licenses and to ``assign'' or share fixed and base stations
that are registered.\4\ Applicant qualifications for nationwide non-
exclusive licenses in the 3650 MHz band will be assessed in accordance
with the requirements of FCC Form 601 and the Commission's rules.
---------------------------------------------------------------------------
\3\ Certain equipment, based on its FCC certification and as
described below, will be restricted to operating only in the lower
25 megahertz of the 3650 MHz band.
\4\ See discussion in Section 0, infra.
---------------------------------------------------------------------------
Examine ULS for nearby stations. Licensees should examine the
registration database \5\ before registering a station and make every
effort to ensure that their fixed or base station will operate at a
location, and with technical parameters, that will minimize the
potential to cause and receive harmful interference.\6\ We emphasize
that coordination is each licensee's responsibility and that
manufacturers of FCC-certified equipment are not responsible for
coordination.
---------------------------------------------------------------------------
\5\ Licensees can use the ULS license search located at https://
wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp to search the
database for licenses with registered locations. The geosearch
capability in ULS will allow interested parties to specify
frequencies or a frequency band and geographic information such as
county and state, address and radius or geographic coordinates and
radius. ULS will return any licenses with registered locations
within the search criteria. Future enhancements to the search
capability will allow ULS to display each registered location that
meets the search criteria with a unique identifier.
\6\ See 47 CFR 90.1319. Channels are available on a shared basis
only and will not be assigned for the exclusive use of any licensee.
Licensees of stations suffering or causing harmful interference are
expected to cooperate and resolve the problem by mutually
satisfactory arrangements. Id.
---------------------------------------------------------------------------
FCC-certified equipment: Licensees should determine, by checking
the equipment manual or asking their equipment vendor or manufacturer,
whether the equipment they are planning to use is certified by the FCC
as ``unrestricted'' or ``restricted.'' Fixed, base, mobile, and
portable equipment in the 3650 MHz band must use ``contention-based
protocols'' and will be certified as either ``unrestricted'' or
``restricted.'' Contention-based protocols will allow multiple users to
share the same spectrum by defining the events that must occur when two
or more devices attempt to simultaneously access the same channel and
establishing rules by which each device is provided a reasonable
opportunity to operate.
--Unrestricted contention protocols are broadly compatible and function
to prevent interference even with other, dissimilar contention
technologies on the market. Equipment using an unrestricted protocol
can operate on all 50 megahertz (3650-3700 MHz).\7\
---------------------------------------------------------------------------
\7\ 47 CFR 90.7, 90.1319(c). For unrestricted devices, the FCC's
Equipment Authorization Database and the grant of equipment
certification will include note code ``UR'' and the following text:
``This device incorporates an unrestricted contention based
protocol. It is capable of avoiding co-frequency interference with
devices using other types of contention-based protocols.''
---------------------------------------------------------------------------
--Restricted contention protocols can prevent interference only with
other devices incorporating the same or similar protocols. Equipment
using a restricted protocol can operate only on the lower 25 megahertz
(3650-3675 MHz).\8\
---------------------------------------------------------------------------
\8\ 47 CFR 90.1319(c). For restricted devices, the FCC's
Equipment Authorization Database and the grant of equipment
certification will include note code ``RS'' and the following text:
``This device incorporates a restricted contention based protocol.
It may not be capable of avoiding co-frequency interference with
devices using other types of contention-based protocols. Operation
is restricted to the 3650-3675 MHz band.''
Note: Applications for nationwide, non-exclusive licenses may be
filed now and licensees may file station registrations for
---------------------------------------------------------------------------
restricted equipment.
Note: Licensees may NOT file station registrations for
unrestricted equipment until the FCC has certified unrestricted
equipment for the 3650 MHz band.
Register each fixed and base station. A licensee will be allowed to
register all of its fixed and base stations under one
[[Page 74285]]
nationwide, non-exclusive license. Prior to operating a fixed or base
station, the licensee must register it in ULS, which will serve as a
common database for licensees to locate each other's operations and
consult in meeting their obligation to reach a reasonable accommodation
with the other 3650 MHz band operators nearby. Operations cannot begin
until the application for registration is in an ``Accepted'' status and
the nationwide license is updated on ULS.\9\
---------------------------------------------------------------------------
\9\ Submitted registrations are reviewed for, among other
things, proximity to grandfathered satellite Earth stations and
registration at certain locations require additional approvals; such
as, but not limited to, international coordination, Federal
coordination, Environmental Assessment, Quiet Zone, etc. Therefore,
a registration is not complete until it is in an ``Accepted'' status
and the nationwide license is updated on ULS.
---------------------------------------------------------------------------
The registration process will also facilitate protection of
grandfathered, incumbent stations from interference. There are two
types of grandfathered, incumbent stations that new 3650 MHz band
licensees must protect: non-Federal and Federal.
--Non-Federal. Absent an agreement between the relevant licensees, new
terrestrial stations are prohibited (and thus base and fixed stations
cannot be registered) within 150 km circular protection zones
established around each grandfathered Fixed Satellite Service (FSS)
Earth station.\10\
---------------------------------------------------------------------------
\10\ The coordinates of the FSS Earth stations are available at
https://www.fcc.gov/ib/sd/3650/. See 47 CFR 90.1331(a)(1). Base and
fixed stations may be located within 150 km of a grandfathered
satellite Earth station if the licensees mutually agree on such
operation. Any negotiations must be conducted in good faith by all
parties. See 47 CFR 90.1331(a)(2) and (3).
---------------------------------------------------------------------------
--Federal. Requests to register base or fixed stations within 80 km
circular protection zones established around each of three Federal
radiolocation stations will only be placed in an ``Accepted'' status
(and the nationwide license will only be updated) on ULS upon
successful coordination by the FCC with the National Telecommunications
and Information Administration (NTIA).\11\
---------------------------------------------------------------------------
\11\ See 47 CFR 90.1331(b). The FCC will attempt to coordinate
such requests with the National Telecommunications and Information
Administration (NTIA) through the Frequency Assignment Subcommittee
of the Interdepartmental Radio Advisory Committee (IRAC). Id.
Note: Licensees should also determine if there are any nearby
Federal radar systems operating in adjacent bands that could affect
---------------------------------------------------------------------------
their operations by consulting NTIA TR-99-361.\12\
\12\ See id. citing Technical Characteristics of Radiolocation
Systems Operating in the 3.1-3.7 GHz Band and Procedures for
Assessing EMC with Fixed Earth Station Receivers, NTIA TR 99-361,
available at https://www.ntia.doc.gov/osmhome/reports/ntia99-361/
ntia99-361.pdf.
---------------------------------------------------------------------------
Mobile and portable stations. These stations are not registered but
may only operate if they can positively receive and decode an enabling
signal transmitted by a registered base station. This requirement is
intended to ensure that mobile and portable stations operate within
range of a registered base station(s), thereby avoiding interference to
grandfathered FSS and Federal stations. Ordinarily, licensees can meet
this requirement by using FCC-approved equipment.
Technical rules. Fixed and base stations will be allowed to operate
with a peak power limit of 25 Watts per 25-megahertz bandwidth, and
mobile stations with a peak power limit of 1 Watt per 25-megahertz
bandwidth. All systems must use a contention-based protocol and only
systems using an unrestricted protocol can operate in the 3675-3700 MHz
band. Ordinarily, licensees can satisfy these requirements by using
FCC-approved equipment.
Note: A nationwide, non-exclusive license does NOT authorize any
operation in the 3650 MHz band--unless and until each base and fixed
station is registered in ULS.
The Commission noted that the licensing and fixed and base station
registration process would be simple and streamlined and that it will
be done electronically using ULS.\13\ The Commission also directed and
authorized WTB to issue the instant Public Notice, which announces the
start date for filing applications for nationwide non-exclusive
licenses in the 3650 MHz band as well as procedures for licensees to
register fixed and base stations.
---------------------------------------------------------------------------
\13\ Certain applications for a non-exclusive nationwide license
in the 3650 MHz band may be filed manually; however, all applicants
are strongly encouraged to file electronically using ULS because
licensees who file applications manually risk dismissal of their
applications for routine errors.
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II. Application for Nationwide, Non-Exclusive Licenses
Applicants for nationwide non-exclusive licenses in the 3650 MHz
band will use ULS to file the information request on FCC Form 601
electronically. Applicants can access the ULS Web site at https://
wireless.fcc.gov/uls. In order to file an application for a license and
to register fixed and base stations in ULS, applicants must have an FCC
Registration Number (FRN). If the applicant does not have an existing
FRN, it must register and obtain an FRN prior to filing the license
application.\14\
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\14\ The FCC Registration Number (FRN) is the 10-digit number
assigned to all entities (individual and corporate) that transact
business with the FCC (including via ULS) and is not to be confused
with the fixed and base station registration procedures discussed
below. Applicants can obtain a FRN using the WTB Web site at https://
wireless.fcc.gov and selecting ``FRN Registration'' from the right
hand menu under the heading of Licensing.
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FCC Form 601 is the Commission's standard application form for
wireless licenses \15\ and is required for all filings. To file
electronically, applicants should log into ULS using their FRN and
password. Once logged in the applicant should select ``Apply for a New
License'' from the menu. On the following page, the applicant should
select Wireless Broadband Services in the 3650-3700 MHz Band (Radio
Service code NN) from the list of radio services and click continue.
The applicant should follow the online prompts to complete the
application. For additional help with the filing process, the applicant
can click on the Common Questions links that appear on most pages of
the ULS License Manager, or click the Help link in the upper right hand
corner of the screen. ULS performs edit checks as information is
entered. If ULS finds an error, it may not allow the application to be
submitted until the error has been corrected.
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\15\ See 47 CFR 1.913(a)(1). License applicants will not be
required to file any associated schedules. Form 601 Main Form and
Schedule M are used for registrations, as explained below in Section
III.
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Applications are assigned file numbers and all applications (and
major amendments thereto) that are accepted for filing will be listed
in WTB's weekly Public Notice of such applications. An application may
be granted at any time if WTB finds that the application meets all of
the Commission's requirements (e.g., meets qualification requirements,
foreign ownership restrictions, payment obligations), except that
certain applications, as discussed below, will not be granted prior to
the 31st day following the issuance of a Public Notice accepting the
application for filing. When an application is granted, an
authorization will be issued to the applicant, and the grant will be
placed in WTB's Weekly Action Public Notice. Licenses for terrestrial
operations in this band will be issued for the entire bandwidth of the
3650 MHz band (i.e., 3650-3700 MHz).
Applicants that plan to operate under more than one regulatory
status, and that seek to register and operate fixed and base stations
on a non-common carrier and/or private, internal basis as early as
possible, may file one application for common carrier regulatory status
and a second application for non-common carrier and/or private,
internal regulatory status. Applications to provide non-
[[Page 74286]]
common carrier service and/or for private, internal communications may
be granted any time after they are accepted for filing. Applications
that include a request for common carrier regulatory status will not be
granted prior to the 31st day following the issuance of a Public Notice
accepting the application for filing.\16\ This waiting period
accommodates the statutory right of petitioners to file petitions to
deny against common carrier applications. System limitations preclude
WTB from processing a non-common carrier request separately when filed
on the same form as a common carrier request. However, applicants that
are willing to have their entire application processed under the
``common carrier'' track, i.e., under the ``notice and 30-day waiting
period'' of Section 1.945(b), can request common carrier and non-common
carrier status on a single Form 601.
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\16\ For example, on November 21, 2007, WTB releases the weekly
Public Notice of applications received between November 12-16, 2007,
that are acceptable for filing. The 31st day following this Public
Notice is Saturday, December 22, 2007, making Monday, December 24,
2007, the first day on which a common carrier application received
on November 15-16, 2007, can be granted. A license is required to
file fixed and base station registrations so an applicant that plans
to request common carrier and non-common carrier/private status may
wish to file one application for common carrier regulatory status
and a second application for non-common carrier and/or private,
internal regulatory status, as applicable, if it seeks to register
base and fixed stations and begin non-common carrier/private
internal operations as early as possible.
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III. Fixed and Base Station Data Registration Process
As discussed above, a licensee must hold a nationwide, non-
exclusive license before it can register fixed or base stations, and
each base or fixed station must be registered electronically in ULS
before it can be operated.\17\ To register a station, the licensee will
need to provide specific technical details, including whether the
equipment uses a restricted (RS) or unrestricted (UR) protocol,\18\ the
FCC Equipment Identification number (FCC ID number), the base or fixed
station's location (latitude and longitude), and other technical
parameters, e.g., EIRP, and antenna height above ground. If disputes
arise, the FCC ID number generally will allow licensees and the
Commission to quickly verify whether the equipment in question is FCC-
certified for unrestricted contention-based protocol operation at 3650-
3700 MHz or restricted contention-based protocol operation, which is
limited to 3650-3675 MHz.
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\17\ Mobile and portable stations that operate with a peak EIRP
of 1 Watt/25 megahertz and receive and decode an enabling signal
from a base station are not required to be registered even if used
in a fixed mode.
\18\ Licenses are advised to consult with the equipment
manufacturer or vendor to determine whether the equipment is
certified as restricted or unrestricted protocols. That information
is also available by searching the Equipment Authorization Database
at https://fjallfoss.fcc.gov/oetcf/eas/reports/GenericSearch.cfm
using the FCC ID number of the equipment and referring to the note
code(s) and text of the equipment approval. For equipment modified
according to permissive rules (see infra note 19), the grant of
equipment certification may indicate both UR and RS, in which case
the status of each licensee's equipment will depend on the version
of the radio transmitter installed at each site.
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Equipment upgrades by or from the manufacturer. The Commission
recognized that manufacturers, through software upgrades or other
means, may alter the emission characteristics of previously deployed
devices so that they move from the restricted to the unrestricted
category. To the extent that this occurs, the manufacturer will be
responsible for complying with the Commission's equipment certification
rules.\19\ However, to the extent that a licensee's previously
registered equipment is then upgraded, the affected licensee must
update its base and fixed station registrations to reflect this change
(and the registration application must be in an ``Accepted'' status and
the nationwide license updated on ULS) before the station tunes over
3675-3700 MHz.
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\19\ See also 47 CFR 2.944 (Software defined radios) and 2.1043
(Changes in certificated equipment) which describe the certification
requirements for modified equipment. Section 2.1043(a) sets out the
conditions under which a new grant of certification is required, and
Section 2.1043(b) sets out three categories of permissive changes
that may be made without the application for and grant of new
certification. In two of the three categories of permissive changes,
the modified equipment shall not be marketed under the existing
grant of certification prior to acknowledgement by the Commission
that the change is acceptable. See 47 CFR 2.1043(b)(2),(3).
Equipment not originally certified as software defined radio may not
be upgraded in the field for the new frequency band or power level
without obtaining a new grant of certification (and a new FCC
Identifier).
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The process of electronically registering stations in ULS will
begin when a licensee enters its FRN and password. Once the licensee is
logged in, it should select ``My Licenses'' from the menu. At this
point, the licensee will be presented with a list of call signs
assigned to its FRN. The licensee should then click on the nationwide
non-exclusive (NN radio service) call sign under which it intends to
register its stations, and then click on the link labeled ``Register
Locations.'' The licensee should then click on the link labeled ``Add
New Location.'' Clicking on this link will step the licensee through
the filing process for registering a new fixed or base station. If the
proposed station registration requires an environmental assessment or
is located in a quiet zone, the licensee must specify this fact on
Schedule M and provide any necessary information in accordance with the
instructions and FCC Rules. At this time, the complete registration
process must be repeated for each individual location that the licensee
wishes to register; however, batch filing will be available to
licensees who have tested this process with us and have been granted
approval to register their fixed and base stations in this fashion.
The ULS electronic form performs edit checks as information is
entered. For instance, ULS will verify that the specified power and
other technical parameters are within the limits specified in the FCC
rules. Based on the licensee's response, ULS will also determine
whether the registrant is eligible for the full 50 MHz of spectrum
based on the use of an unrestricted protocol or whether the registrant
is limited to the use of the lower 25 MHz of the band based on the use
of a restricted protocol. Finally, as part of the nightly processing,
ULS will automatically, based on the station's coordinates, determine
whether the base station is in an area requiring international
coordination or whether the station is within one of the protection
zones established around the three grandfathered Federal radiolocation
stations or the grandfathered FSS Earth stations. For those licensees
attempting to locate stations within the protection zones around the
three grandfathered Federal sites, the Commission will refer those
applications to the Frequency Assignment Subcommittee of the
Interdepartment Radio Advisory Committee. Stations may only be located
within the protection zone of a grandfathered FSS station if an
agreement is negotiated between the parties. If a station is located
within the protection zone of a grandfathered FSS station and the
licensee does not certify that they have negotiated an agreement with
the grandfathered FSS licensee, ULS will dismiss the registration
application.\20\
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\20\ Future enhancements to ULS may provide an alert to the
licensee at the time of data entry indicating that they are
attempting to register a station within the protection zone of a
grandfathered earth station. In the meantime, to avoid dismissal,
licensees should consult the list of grandfathered FSS earth
stations located at https://www.fcc.gov/ib/sd/3650/ prior to filing
to determine if they are in a location that would require
negotiating an agreement with a grandfathered FSS earth station.
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Station registrations will not be placed on Public Notice as a
matter of
[[Page 74287]]
routine unless they raise a matter of public significance (e.g.,
environmental concerns).\21\ When the FCC accepts an individual fixed
or base station registration, ULS will be updated and the licensee will
be notified by letter. The licensee is not authorized to operate the
station until the application for registration is in an ``Accepted''
status and the nationwide license is updated on ULS. Individual station
registrations will be available for public inspection through ULS
electronically. We note, however, that under the current ULS system,
the printed copy of the nationwide non-exclusive license will not be
updated to reflect station registrations and will not be re-issued when
individual stations are registered with that call sign.
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\21\ See, e.g., 47 CFR 1.933(a)(3) (categories of information of
public significance include special environmental considerations as
required by part 1, FCC Rules).
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IV. License Modifications; Transfers and Assignments
Modifications to nationwide non-exclusive licenses in the 3650 MHz
band will be limited to changing the data on the FCC Form 601 Main
Form, which contains administrative data and certifications.
Modifications to the non-exclusive nationwide license may be filed
electronically using ULS. To file, applicants should log into ULS using
their FRN and password. Once logged in, the applicant should select
``My Licenses'' from the menu. At this point, the licensee will be
presented with a list of call signs assigned to its FRN. The licensee
should then select the nationwide non-exclusive (NN radio service) call
sign that it intends to modify and click on the update link in the
navigation menu at the right side of the screen. The licensee should
follow the online prompts to complete the application. For additional
help with the filing process, the applicant can click on the Common
Questions links that appear on most pages of the ULS License Manager,
or click the Help link in the upper right hand corner of the screen.
Modifications to the non-exclusive nationwide license must be filed
independent of any filing involving registration of fixed and base
stations.
Wireless licensees in the 3650 MHz band may assign or transfer
their nationwide non-exclusive licenses using FCC Form 603. A licensee
can only assign or transfer its entire non-exclusive license and it
cannot engage in partitioning or disaggregation. Any fixed or base
stations registered under a nationwide non-exclusive license will
remain associated with that license during a full assignment or
transfer. Licensees can NOT file applications on Form 603 to ``assign''
individual stations registered under their nationwide non-exclusive
license to another nationwide non-exclusive licensee. Rather, licensees
are free to make and record such transactions by having the first
licensee delete the registered station(s) from its license and having
the second licensee register the station(s) under its license.
V. Modification of Fixed and Base Station Registrations
Modifications to fixed or base station registrations must be done
electronically through ULS. A licensee will initiate the modification
process by going to the ULS web site and entering its FRN and password.
Once the licensee is logged in, they should select ``My Licenses'' from
the menu. At this point, the licensee will be presented with a list of
call signs assigned to their FRN. The licensee should then click on the
nationwide non-exclusive (NN radio service) call sign containing the
station it wishes to modify, and then click on the link labeled
``Register Locations.'' The licensees will then be presented with a
list of stations associated with that license. Station registrations
can be modified by clicking on the desired station link. The process
described above must be repeated for each station to be modified.
To amend the data on an individual station registration which is
not yet in an ``Accepted'' status on ULS, the process is as follows:
The licensee must go to the ULS Web site and enter its FRN and
password. Then the licensee should click on the link labeled ``My
Applications'' and then click on the link labeled ``Pending'' to
display a list of applications, which will include pending
registrations. The pending station registration can be amended by
clicking on the file number of the desired pending registration and
then clicking on the link labeled ``Update.'' Under electronic filing,
the previously entered data from Schedule M will be displayed and the
licensee will be allowed to change the data. The process described
above must be repeated for each pending registration that is to be
amended.
VI. Filing and Regulatory Fees
The 3650 MHz band is licensed as a land mobile service, under part
90 of the FCC's Rules, for non-exclusive wireless operations on a
Commercial Mobile Radio Service (CMRS) basis and/or on a Private Mobile
Radio Service (PMRS) basis.\22\ Such applications are subject to filing
fees under section 1.1102 and regulatory fees under section 1.1152.\23\
The Commission's rules exempt certain applicants from filing and/or
regulatory fees.\24\
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\22\ Commercial mobile radio service is a mobile service that
is: (a)(1) Provided for profit, i.e., with the intent of receiving
compensation or monetary gain; (2) an interconnected service; and
(3) available to the public, or to such classes of eligible users as
to be effectively available to a substantial portion of the public;
or (b) the functional equivalent of such a mobile service described
in paragraph (a). See 47 CFR 20.3. Private Mobile Radio Service is a
mobile service that is neither a commercial mobile radio service nor
the functional equivalent of a service that meets the definition of
commercial mobile radio service. Id.
\23\ See 47 CFR 1.1102 (item 6 sets filing fees for land mobile
operations); 1.1152 (item 4 sets regulatory fee for PMRS land
mobile, item 6 sets the regulatory fee for CMRS land mobile).
Additional information about the fees is available in the Wireless
Telecommunications Bureau Fee Guide. See infra note 26.
\24\ See 47 CFR 1.1114, 1.1162 (exemptions from filing and
regulatory fees, respectively).
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Listing the current fees in this public notice would disserve
applicants because the Commission adjusts filing and regulatory fees
periodically as required by several statutes.\25\ Applicants and
licensees must check the Wireless Telecommunications Bureau Fee Filing
Guide for current fees.\26\ Nonexempt applicants for nationwide non-
exclusive licenses in the 3650 MHz band will be subject to application
filing and regulatory fee categories as follows:
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\25\ See 47 U.S.C. 158(b)(1), 159(b)(2).
\26\ See https://www.fcc.gov/fees/appfees.html and click on the
link to the latest Wireless Telecommunications Bureau Fee Filing
Guide, or call 1-877-480-3201.
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New PMRS non-exclusive nationwide license applications:
Fee type code PALR.\27\
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\27\ An application for authorization to provide common carrier
radio service (Main Form Item 41), mobile radio service (Main Form
Item 42), and service interconnected to the public telephone network
(Main Form Item 43) should be filed using the PALM fee type code
even if the application also seeks authority for non-common carrier
radio service and/or private, internal communications (Item 41) and/
or for fixed operation (Item 42).
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New CMRS non-exclusive nationwide license applications:
Fee type code PALM.
Modification of PMRS or CMRS non-exclusive nationwide
license applications: Fee type code PALM.
PMRS or CMRS Assignments of Authorization: Fee type code
PALM.
PMRS or CMRS Transfers of Control applications: Fee type
code PATM.
Individual transmitter location registrations on ULS are not subject to
filing fees.
VII. Database Accuracy Procedures
In the 2005 Order, the Commission stated that ``in order to keep
the ULS
[[Page 74288]]
licensing and registration database accurate and up-to-date, we
delegate to the WTB the authority to adopt rules regarding the
reporting of database information including reporting of any license or
station transfers. The WTB will issue a Public Notice seeking comment
on these issues, if needed.'' \28\
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\28\ 2005 Order, 20 FCC Rcd at 6513-14 ] 32; see also 2005 Order
at 6536 ] 103 (ordering clause granting WTB delegated authority ``to
adopt requirements regarding the reporting of registration and
licensing information, pertaining to the 3650 MHz Wireless Broadband
Services, in the Universal Licensing System database.'').
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The public will be able to examine the registration database
online, through ULS, to determine locations of fixed and base stations.
More specifically, the database will allow applicants and licensees to
identify the location of base and fixed stations in the 3650 MHz band
to facilitate cooperation among users and protection of grandfathered
stations from interference. The database will also permit the
Commission to monitor the use of this spectrum as new technologies and
services develop.
Over time, the utility of the database will be diminished if
registration data becomes outdated or otherwise inaccurate. Thus, we
emphasize that the requirement to register fixed and base stations
prior to operation is ongoing--operating previously registered but
subsequently modified equipment or operating parameters would subject
the operator to enforcement action. The Commission's rules also require
registrations for unused fixed and base stations to be deleted.\29\ For
purposes of this requirement, we will generally consider a fixed or
base station to be ``unused'' if it has not operated for one year or
more.\30\ Also, as noted above, licensees must update their base and
fixed station registrations to reflect changes resulting from equipment
manufacturer's software upgrades.
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\29\ See 47 CFR 90.1307.
\30\ See generally 47 CFR 90.157(a) (``[u]nless stated otherwise
in this part or in a station authorization * * * any station which
has not operated for one year or more is considered to have been
permanently discontinued.'').
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Additional reporting or periodic certification requirements may be
necessary to maintain accurate and current data. However, rather than
adopting or seeking comment on additional measures at this juncture,
the WTB is reserving the right to revisit this matter in the future
after the Bureau, as well as licensees, have the opportunity to gauge
the effectiveness of the existing requirements for this new service.
Federal Communications Commission.
Joel D. Taubenblatt,
Acting Deputy Chief, Wireless Telecommunications Bureau.
[FR Doc. 07-6229 Filed 12-28-07; 8:45 am]
BILLING CODE 6712-01-P
