Operations of Wireless Communications Services in the 2.3 GHz Band, 17349-17352 [2010-7761]
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17349
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1,6-Dinitropyrene ..............................................................................................................................................................
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6-Nitrochrysene ................................................................................................................................................................
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4-Nitropyrene ....................................................................................................................................................................
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[FR Doc. 2010–7756 Filed 4–5–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
sroberts on DSKD5P82C1PROD with PROPOSALS
47 CFR Part 27
[WTB Docket No. 07–293; FCC 10–46]
Operations of Wireless
Communications Services in the 2.3
GHz Band
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
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16:32 Apr 05, 2010
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SUMMARY: The Federal Communications
Commission (Commission) seeks
comment on revising the performance
requirements for the 2.3 GHz Wireless
Communications Service (WCS) band.
The Commission is seeking comment on
possible revision of the performance
requirements (also known as buildout or
construction requirements) for the 2.3
GHz WCS band to ensure that that the
spectrum is used intensively in the
public interest.
DATES: Interested parties may file
comments on or before April 21, 2010,
and reply comments on or before May
3, 2010. Written comments on the
Paperwork Reduction Act proposed
information collection requirements
PO 00000
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must be submitted by the public, Office
of Management and Budget (OMB), and
other interested parties on or before
June 7, 2010.
ADDRESSES: You may submit comments,
identified by WTB Docket No. 07–293,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission Web site: https://
www.fcc.gov/cgb/ecfs. Follow the
instructions for submitting comments.
• E-mail: ecfs@fcc.gov, and include
the following words in the body of the
message, ‘‘get form.’’ A sample form and
directions will be sent in response.
E:\FR\FM\06APP1.SGM
06APP1
sroberts on DSKD5P82C1PROD with PROPOSALS
17350
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Proposed Rules
Include the docket number(s) in the
subject line of the message.
• Mail: Office of the Secretary,
Federal Communications Commission,
445 12th Street, SW., Washington, DC
20554. Commercial overnight mail
(other than U.S. Postal Service Express
Mail and Priority Mail) must be sent to
9300 East Hampton Drive, Capitol
Heights, MD 20743.
• Hand delivery/courier: Federal
Communications Commission, Office of
the Secretary, 445 12th Street, SW.,
Room TW–A325, Washington, DC
20554.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432. All submissions received
must include the agency name and
docket numbers for this rulemaking, WT
Docket No. 07–293. All comments
received will be posted without change
to https://www.fcc.gov/cgb/ecfs.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Richard Arsenault at (202) 418–0920, or
e-mail at Richard.Arsenault@fcc.gov. In
addition to filing comments with the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection requirements
contained herein should be submitted to
the Federal Communications
Commission via e-mail to PRA@fcc.gov
and to Nicholas A. Fraser, Office of
Management and Budget, via e-mail to
Nicholas_A._Fraser@omb.eop.gov or via
fax at 202–395–5167.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Public
Notice (Public Notice) in WT Docket No.
07–293, FCC 10–46, adopted on March
26, 2010, and released March 29, 2010.
The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street,
SW., Room CY–A257, Washington, DC
20554, or by downloading the text from
the Commission’s website at https://
www.fcc.gov/. The complete text also
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street, Suite CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an e-mail to FCC504@fcc.gov or
VerDate Nov<24>2008
16:32 Apr 05, 2010
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calling the Consumer and Government
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
Paperwork Reduction Act of 1995
Analysis
This document contains modified
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public to
comment on the information collection
requirements contained in this Public
Notice as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13. Public and agency comments are
due June 7, 2010. In addition, the
Commission notes that pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), we previously sought
specific comment on how the
Commission might ‘‘further reduce the
information collection burden for small
business concerns with fewer than 25
employees.’’
Synopsis of the Public Notice
1. In December 2007, the Commission
released a Notice of Proposed
Rulemaking, 73 FR 2437 (January 15,
2008) (NPRM) seeking comment on the
possible revision of certain WCS
technical rules to facilitate the
coexistence of operations in the WCS
band (2305–2320 MHz, 2345–2360
MHz) with operations in the adjacent
Satellite Digital Audio Radio Service
(SDARS) band (2320–2345 MHz). The
Commission has sought to develop a
record that would enable the provision
of innovative broadband services in the
2.3 GHz WCS band and provide
licensees increased spectrum rights. The
Commission now seeks comment on the
performance requirements that would
accompany such rule changes.
2. The current construction
requirement for all spectrum blocks in
the 2.3 GHz WCS band is a substantial
service showing at the end of the license
term. The Commission seeks comment
on whether, if it alters the technical
rules for this band, it should also revise
the substantial service performance
requirements. In order to aid the
Commission’s consideration of
alternative performance requirements
for the 2.3 GHz WCS band, the
Commission requests that interested
parties comment on the following
requirements and possible alternatives
to the following:
For mobile and point-to-multipoint
services, reliable signal coverage to:
• 40% of a license area’s population
within 30 months; and
• 75% of a license area’s population
within 60 months.
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For point-to-point services,
construction and operation of point-topoint links:
• 15 per million persons in a license
area within 30 months;
• 30 per million persons in a license
area within 60 months; and,
• A minimum payload capacity
(megabits/second for a given
bandwidth) to ensure that the spectrum
is used intensively.
3. The Commission also seeks
comment on whether the Commission
should require WCS licensees to fulfill
performance requirements for an entire
license area and for defined market
areas therein. For Major Economic Area
(MEA) licenses, the defined market
areas would be Economic Areas (EAs),
and for Regional Economic Area
Grouping (REAG) licenses, the defined
market areas would be MEAs. Under
this approach, if a licensee fails to meet
a performance requirement for an entire
license area or for any defined market
area, its entire license would terminate
automatically. The Commission requests
that interested parties comment on the
following and possible alternatives to
the following:
For mobile and point-to-multipoint
services, the license area coverage
requirements of 40% and 75% as
proposed above and reliable signal
coverage to:
• 25% of each defined market area’s
population within 30 months; and
• 50% of each defined market area’s
population within 60 months.
For point-to-point services,
construction and operation of a
minimum number of links as proposed
above, and:
• A minimum number of links in
defined market areas within 30 and 60
months, respectively. The Commission
seeks comment on the minimum
number of links it should require for
each EA within an MEA, and for each
MEA within a REAG.
4. Compliance Procedures. Consistent
with § 1.946(d) of the Commission’s
rules, the Commission proposes that
licensees demonstrate compliance with
any revised performance requirements
by filing a construction notification
within 15 days of the relevant
benchmark certifying that they have met
the applicable performance
requirements. Each construction
notification should include electronic
coverage maps and supporting
documentation, which must be truthful
and accurate and must not omit material
information that is necessary for the
Commission to determine compliance
with its performance requirements.
5. Electronic coverage maps must
clearly and accurately depict the
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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Proposed Rules
boundaries of each license area (REAG
or MEA) in the licensee’s service
territory. Further, REAG maps must
depict MEA boundaries, and MEA maps
must depict EA boundaries. If the
licensee’s signal does not provide
service to the entire license area, the
map must clearly and accurately depict
the boundaries of the area or areas
within each license area not being
served. Each licensee also must file
supporting documentation certifying the
type of service it is providing for each
REAG or MEA within its license service
territory and the type of technology it is
utilizing to provide such service.
Supporting documentation must
provide the assumptions used to create
the coverage maps, including the
propagation model and the signal
strength necessary to provide service
with the licensee’s technology.
6. The Commission envisions that
when a licensee files its construction
notification package, the public will be
afforded an opportunity to review and
comment on the construction
notification, including the licensee’s
coverage maps and the technical
assumptions used to create the maps. If
the Commission determines that a
licensee has not met the applicable
performance benchmarks for a license
area, the license will be deemed to have
terminated automatically as of the
applicable performance benchmark
deadline without further Commission
action.
send a copy of the Public Notice,
including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).
I. Procedural Matters
Description and Estimate of the Number
of Small Entities to Which the Proposed
Rules Will Apply
A. Paperwork Reduction Act Analysis
7. The Public Notice contains
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. Therefore, it contains a
modified ‘‘information collection burden
for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
sroberts on DSKD5P82C1PROD with PROPOSALS
B. Initial Regulatory Flexibility Analysis
9. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this present Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
a substantial number of small entities by
the policies and requirements proposed
in this Public Notice. Written public
comments are requested on this IRFA.
Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comments on the
Public Notice. The Commission will
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Need for, and Objectives of, the
Proposed Rules
10. The primary objective of the
Public Notice is to consider changes to
the rules governing performance
requirements (also known as
construction or buildout requirements)
for the 2.3 GHz Wireless
Communications Service (WCS), which
may be necessary to promote the rapid
deployment of new and innovative
wireless services to the American
public. Such rule changes are needed
because the Commission may ease
certain rules governing operations in the
2.3 GHz WCS band and thereby enable
the deployment of new services in the
band. Thus, appropriate performance
rules for WCS are necessary to ensure
that the spectrum is rapidly developed
in the public interest. In sum, the Public
Notice is intended to enhance the record
on any necessary performance
requirements that would ensure WCS
licensees maximize spectrum use in the
public interest.
Legal Basis for Proposed Rules
11. The proposed action is authorized
under Sections 4(i), 303(r), and 403 of
the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(r), and
403.
12. The RFA directs agencies to
provide a description of and, where
feasible, an estimate of the number of
small entities that may be affected by
the rules adopted. The RFA generally
defines the term ‘‘small entity’’ as having
the same meaning as the terms ‘‘small
business,’’ ‘‘small organization,’’ and
‘‘small governmental jurisdiction.’’ In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act. A small business concern
is one which: (1) Is independently
owned and operated; (2) is not
dominant in its field of operation; and
(3) satisfies any additional criteria
established by the Small Business
Administration (SBA). A small
organization is generally ‘‘any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.’’ Below, is a
further description and estimate of the
number of small entity licensees and
regulatees that may be affected by the
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17351
performance rule changes explored in
the Public Notice.
13. WCS Licensees. The Wireless
Communication Service in the 2305–
2360 MHz (2.3 GHz) frequency band has
flexible rules that permit licensees in
this service to provide fixed, mobile,
portable, and radiolocation services.
Licensees are also permitted to provide
satellite digital audio radio services. The
SBA rules establish a size standard for
‘‘Wireless Telecommunications
Carriers,’’ which encompasses business
entities engaged in radiotelephone
communications employing no more
that 1,500 persons. There are currently
155 active WCS licenses held by 10
licensees. Of these, 7 licensees qualify
as small entities and hold a total of 50
licenses.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
14. The Public Notice seeks to
evaluate whether changes to the existing
performance requirements for 2.3 GHz
WCS licenses may ultimately foster
more effective use of the spectrum to
better meet the needs of today’s
consumers. To the extent the
Commission’s past decisions no longer
reflect the best approach regarding
performance requirements the Public
Notice seeks comment on the possibility
of making appropriate adjustments that
will serve the public interest.
15. The Public Notice proposes that
licensees demonstrate compliance with
any revised performance requirements
by filing a construction notification
within 15 days of the relevant
benchmark certifying that they have met
the applicable performance
requirements. It proposes that each
construction notification should include
electronic coverage maps and
supporting documentation, which must
be truthful and accurate and must not
omit material information that is
necessary for the Commission to
determine compliance with its
performance requirements.
16. Further, under the Public Notice’s
proposed compliance procedures,
electronic coverage maps must clearly
and accurately depict the boundaries of
each license area (REAG or MEA) in the
licensee’s service territory, with REAG
maps depicting MEA boundaries, and
MEA maps depicting EA boundaries. If
the licensee’s signal does not provide
service to the entire license area, the
Public Notice provides that the map
must clearly and accurately depict the
boundaries of the area or areas within
each license area not being served. The
proposed compliance procedures direct
each licensee to file supporting
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Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Proposed Rules
sroberts on DSKD5P82C1PROD with PROPOSALS
documentation certifying the type of
service it is providing for each REAG or
MEA within its license service territory
and the type of technology it is utilizing
to provide such service. Further, the
proposed compliance procedures would
require the supporting documentation to
provide the assumptions used to create
the coverage maps, including the
propagation model and the signal
strength necessary to provide service
with the licensee’s technology.
Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
17. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives: (1) The
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
18. The Public Notice specifically
invites comments on a range of potential
performance requirements and invites
interested parties to suggest alternative
proposals. At this time, the Commission
has not excluded any alternative
proposal concerning performance
requirements from its consideration, but
it would do so in this proceeding if the
record indicates that a particular
proposal would have a significant and
unjustifiable adverse economic impact
on small entities.
19. In the Public Notice, the
Commission discusses possible
reporting requirements to ensure that
spectrum is used intensively in the
public interest. In particular, the
Commission is considering a proposal to
require licensees to provide additional
reports demonstrating the level of
service provided to the public.
However, the Commission will not
consider any alternative that would
have a significant and unjustifiable
adverse economic impact on small
entities.
20. The Commission solicits any
alternative proposals that would not
incur significant and unjustifiable
adverse impact on small entities.
Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
21. None.
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List of Subjects in 47 CFR Part 27
Communications common carriers,
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010–7761 Filed 4–5–10; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Background
Fish and Wildlife Service
50 CFR Part 17
[FWS-R1-ES-2009-0043]
[MO 92210-0-0008 B2]
Endangered and Threatened Wildlife
and Plants; 12–month Finding on a
Petition To List the Mountain Whitefish
in the Big Lost River, Idaho, as
Endangered or Threatened
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of 12–month petition
finding.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
12–month finding on a petition to list
the mountain whitefish (Prosopium
williamsoni) in the Big Lost River,
Idaho, as endangered or threatened
under the Endangered Species Act of
1973, as amended. After review of all
available scientific and commercial
information, we find that the mountain
whitefish in the Big Lost River does not
constitute a listable entity under the Act
and, therefore, listing is not warranted.
However, we ask the public to continue
to submit to us any new information
that becomes available concerning the
taxonomy, biology, ecology, and status
of the mountain whitefish in the Big
Lost River, and to support cooperative
conservation of mountain whitefish
within its historical range in the Big
Lost River.
DATES: The finding announced in this
document was made on April 6, 2010.
ADDRESSES: This finding is available on
the Internet at https://www.fws.gov/
idaho, and also at https://
www.regulations.gov at Docket No.
FWS-R1-ES-2009-0043. Supporting
documentation we used in preparing
this finding is available for public
inspection, by appointment, during
normal business hours at the U.S. Fish
and Wildlife Service, Idaho Fish and
Wildlife Office, 1387 S. Vinnell Way,
Room 368, Boise, ID 83709. Please
submit any new information, materials,
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comments, or questions concerning this
finding to the Service at this address.
FOR FURTHER INFORMATION CONTACT:
Acting State Supervisor, Idaho Fish and
Wildlife Office (see ADDRESSES); by
telephone at 208-378-5243; and by
facsimile at 208-378-5262. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800877-8339.
SUPPLEMENTARY INFORMATION:
Section 4(b)(3)(B) of the Endangered
Species Act of 1973, as amended (Act)
(16 U.S.C. 1531 et seq.), requires that,
for any petition to revise the Federal
Lists of Endangered and Threatened
Wildlife and Plants that contains
substantial scientific and commercial
information indicating that listing the
species may be warranted, we make a
finding within 12 months of the date of
receipt of the petition. In this 12–month
finding, we may determine that the
petitioned action is either: (1) Not
warranted, (2) warranted, or (3)
warranted, but immediate proposal of a
regulation implementing the petitioned
action is precluded by other pending
proposals to determine whether species
are endangered or threatened , and
expeditious progress is being made to
add or remove qualified species from
the Federal Lists of Endangered and
Threatened Wildlife and Plants. Section
4(b)(3)(C) of the Act requires that we
treat a petition for which the requested
action is found to be warranted but
precluded as though resubmitted on the
date of such finding, that is, requiring a
subsequent finding to be made within
12 months. We must publish these 12–
month findings in the Federal Register.
Previous Federal Actions
On June 15, 2006, we received a
petition from Western Watersheds
Project to emergency list as endangered
or threatened the population of
mountain whitefish in the Big Lost
River, Idaho, as a separate species,
subspecies, or distinct population
segment (DPS) under the Act. The
petitioner also requested that we
designate critical habitat concurrent
with the listing.
In an August 21, 2006, letter to the
petitioner, we acknowledged receipt of
the petition and explained that we
would not be able to address the
petition at that time due to other
priorities relating to court orders and
settlement agreements. We further
indicated we had reviewed the petition
and determined an emergency listing
was not necessary. On October 23, 2007,
E:\FR\FM\06APP1.SGM
06APP1
]]>Agencies
[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Proposed Rules]
[Pages 17349-17352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7761]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 27
[WTB Docket No. 07-293; FCC 10-46]
Operations of Wireless Communications Services in the 2.3 GHz
Band
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (Commission) seeks
comment on revising the performance requirements for the 2.3 GHz
Wireless Communications Service (WCS) band. The Commission is seeking
comment on possible revision of the performance requirements (also
known as buildout or construction requirements) for the 2.3 GHz WCS
band to ensure that that the spectrum is used intensively in the public
interest.
DATES: Interested parties may file comments on or before April 21,
2010, and reply comments on or before May 3, 2010. Written comments on
the Paperwork Reduction Act proposed information collection
requirements must be submitted by the public, Office of Management and
Budget (OMB), and other interested parties on or before June 7, 2010.
ADDRESSES: You may submit comments, identified by WTB Docket No. 07-
293, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission Web site: https://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
E-mail: ecfs@fcc.gov, and include the following words in
the body of the message, ``get form.'' A sample form and directions
will be sent in response.
[[Page 17350]]
Include the docket number(s) in the subject line of the message.
Mail: Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW., Washington, DC 20554. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743.
Hand delivery/courier: Federal Communications Commission,
Office of the Secretary, 445 12th Street, SW., Room TW-A325,
Washington, DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432. All submissions received must include the
agency name and docket numbers for this rulemaking, WT Docket No. 07-
293. All comments received will be posted without change to https://www.fcc.gov/cgb/ecfs.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Richard Arsenault at (202) 418-0920,
or e-mail at Richard.Arsenault@fcc.gov. In addition to filing comments
with the Secretary, a copy of any comments on the Paperwork Reduction
Act information collection requirements contained herein should be
submitted to the Federal Communications Commission via e-mail to
PRA@fcc.gov and to Nicholas A. Fraser, Office of Management and Budget,
via e-mail to Nicholas_A._Fraser@omb.eop.gov or via fax at 202-395-
5167.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice (Public Notice) in WT Docket No. 07-293, FCC 10-46, adopted on
March 26, 2010, and released March 29, 2010. The full text of this
document is available for inspection and copying during normal business
hours in the FCC Reference Center, 445 12th Street, SW., Room CY-A257,
Washington, DC 20554, or by downloading the text from the Commission's
website at https://www.fcc.gov/. The complete text also may be purchased
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., Portals II, 445 12th Street, Suite CY-B402, Washington, DC 20554.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
e-mail to FCC504@fcc.gov or calling the Consumer and Government Affairs
Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This document contains modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public to comment on the
information collection requirements contained in this Public Notice as
required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Public and agency comments are due June 7, 2010. In addition, the
Commission notes that pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we
previously sought specific comment on how the Commission might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.''
Synopsis of the Public Notice
1. In December 2007, the Commission released a Notice of Proposed
Rulemaking, 73 FR 2437 (January 15, 2008) (NPRM) seeking comment on the
possible revision of certain WCS technical rules to facilitate the
coexistence of operations in the WCS band (2305-2320 MHz, 2345-2360
MHz) with operations in the adjacent Satellite Digital Audio Radio
Service (SDARS) band (2320-2345 MHz). The Commission has sought to
develop a record that would enable the provision of innovative
broadband services in the 2.3 GHz WCS band and provide licensees
increased spectrum rights. The Commission now seeks comment on the
performance requirements that would accompany such rule changes.
2. The current construction requirement for all spectrum blocks in
the 2.3 GHz WCS band is a substantial service showing at the end of the
license term. The Commission seeks comment on whether, if it alters the
technical rules for this band, it should also revise the substantial
service performance requirements. In order to aid the Commission's
consideration of alternative performance requirements for the 2.3 GHz
WCS band, the Commission requests that interested parties comment on
the following requirements and possible alternatives to the following:
For mobile and point-to-multipoint services, reliable signal
coverage to:
40% of a license area's population within 30 months; and
75% of a license area's population within 60 months.
For point-to-point services, construction and operation of point-
to-point links:
15 per million persons in a license area within 30 months;
30 per million persons in a license area within 60 months;
and,
A minimum payload capacity (megabits/second for a given
bandwidth) to ensure that the spectrum is used intensively.
3. The Commission also seeks comment on whether the Commission
should require WCS licensees to fulfill performance requirements for an
entire license area and for defined market areas therein. For Major
Economic Area (MEA) licenses, the defined market areas would be
Economic Areas (EAs), and for Regional Economic Area Grouping (REAG)
licenses, the defined market areas would be MEAs. Under this approach,
if a licensee fails to meet a performance requirement for an entire
license area or for any defined market area, its entire license would
terminate automatically. The Commission requests that interested
parties comment on the following and possible alternatives to the
following:
For mobile and point-to-multipoint services, the license area
coverage requirements of 40% and 75% as proposed above and reliable
signal coverage to:
25% of each defined market area's population within 30
months; and
50% of each defined market area's population within 60
months.
For point-to-point services, construction and operation of a
minimum number of links as proposed above, and:
A minimum number of links in defined market areas within
30 and 60 months, respectively. The Commission seeks comment on the
minimum number of links it should require for each EA within an MEA,
and for each MEA within a REAG.
4. Compliance Procedures. Consistent with Sec. 1.946(d) of the
Commission's rules, the Commission proposes that licensees demonstrate
compliance with any revised performance requirements by filing a
construction notification within 15 days of the relevant benchmark
certifying that they have met the applicable performance requirements.
Each construction notification should include electronic coverage maps
and supporting documentation, which must be truthful and accurate and
must not omit material information that is necessary for the Commission
to determine compliance with its performance requirements.
5. Electronic coverage maps must clearly and accurately depict the
[[Page 17351]]
boundaries of each license area (REAG or MEA) in the licensee's service
territory. Further, REAG maps must depict MEA boundaries, and MEA maps
must depict EA boundaries. If the licensee's signal does not provide
service to the entire license area, the map must clearly and accurately
depict the boundaries of the area or areas within each license area not
being served. Each licensee also must file supporting documentation
certifying the type of service it is providing for each REAG or MEA
within its license service territory and the type of technology it is
utilizing to provide such service. Supporting documentation must
provide the assumptions used to create the coverage maps, including the
propagation model and the signal strength necessary to provide service
with the licensee's technology.
6. The Commission envisions that when a licensee files its
construction notification package, the public will be afforded an
opportunity to review and comment on the construction notification,
including the licensee's coverage maps and the technical assumptions
used to create the maps. If the Commission determines that a licensee
has not met the applicable performance benchmarks for a license area,
the license will be deemed to have terminated automatically as of the
applicable performance benchmark deadline without further Commission
action.
I. Procedural Matters
A. Paperwork Reduction Act Analysis
7. The Public Notice contains modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. Therefore, it contains a modified ``information
collection burden for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
B. Initial Regulatory Flexibility Analysis
9. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this present Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and requirements proposed in this Public Notice. Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments on the Public Notice. The Commission will send a copy of the
Public Notice, including this IRFA, to the Chief Counsel for Advocacy
of the Small Business Administration (SBA).
Need for, and Objectives of, the Proposed Rules
10. The primary objective of the Public Notice is to consider
changes to the rules governing performance requirements (also known as
construction or buildout requirements) for the 2.3 GHz Wireless
Communications Service (WCS), which may be necessary to promote the
rapid deployment of new and innovative wireless services to the
American public. Such rule changes are needed because the Commission
may ease certain rules governing operations in the 2.3 GHz WCS band and
thereby enable the deployment of new services in the band. Thus,
appropriate performance rules for WCS are necessary to ensure that the
spectrum is rapidly developed in the public interest. In sum, the
Public Notice is intended to enhance the record on any necessary
performance requirements that would ensure WCS licensees maximize
spectrum use in the public interest.
Legal Basis for Proposed Rules
11. The proposed action is authorized under Sections 4(i), 303(r),
and 403 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 303(r), and 403.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
12. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted. The RFA generally defines the term
``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' Below, is a further description and estimate
of the number of small entity licensees and regulatees that may be
affected by the performance rule changes explored in the Public Notice.
13. WCS Licensees. The Wireless Communication Service in the 2305-
2360 MHz (2.3 GHz) frequency band has flexible rules that permit
licensees in this service to provide fixed, mobile, portable, and
radiolocation services. Licensees are also permitted to provide
satellite digital audio radio services. The SBA rules establish a size
standard for ``Wireless Telecommunications Carriers,'' which
encompasses business entities engaged in radiotelephone communications
employing no more that 1,500 persons. There are currently 155 active
WCS licenses held by 10 licensees. Of these, 7 licensees qualify as
small entities and hold a total of 50 licenses.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
14. The Public Notice seeks to evaluate whether changes to the
existing performance requirements for 2.3 GHz WCS licenses may
ultimately foster more effective use of the spectrum to better meet the
needs of today's consumers. To the extent the Commission's past
decisions no longer reflect the best approach regarding performance
requirements the Public Notice seeks comment on the possibility of
making appropriate adjustments that will serve the public interest.
15. The Public Notice proposes that licensees demonstrate
compliance with any revised performance requirements by filing a
construction notification within 15 days of the relevant benchmark
certifying that they have met the applicable performance requirements.
It proposes that each construction notification should include
electronic coverage maps and supporting documentation, which must be
truthful and accurate and must not omit material information that is
necessary for the Commission to determine compliance with its
performance requirements.
16. Further, under the Public Notice's proposed compliance
procedures, electronic coverage maps must clearly and accurately depict
the boundaries of each license area (REAG or MEA) in the licensee's
service territory, with REAG maps depicting MEA boundaries, and MEA
maps depicting EA boundaries. If the licensee's signal does not provide
service to the entire license area, the Public Notice provides that the
map must clearly and accurately depict the boundaries of the area or
areas within each license area not being served. The proposed
compliance procedures direct each licensee to file supporting
[[Page 17352]]
documentation certifying the type of service it is providing for each
REAG or MEA within its license service territory and the type of
technology it is utilizing to provide such service. Further, the
proposed compliance procedures would require the supporting
documentation to provide the assumptions used to create the coverage
maps, including the propagation model and the signal strength necessary
to provide service with the licensee's technology.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
17. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
18. The Public Notice specifically invites comments on a range of
potential performance requirements and invites interested parties to
suggest alternative proposals. At this time, the Commission has not
excluded any alternative proposal concerning performance requirements
from its consideration, but it would do so in this proceeding if the
record indicates that a particular proposal would have a significant
and unjustifiable adverse economic impact on small entities.
19. In the Public Notice, the Commission discusses possible
reporting requirements to ensure that spectrum is used intensively in
the public interest. In particular, the Commission is considering a
proposal to require licensees to provide additional reports
demonstrating the level of service provided to the public. However, the
Commission will not consider any alternative that would have a
significant and unjustifiable adverse economic impact on small
entities.
20. The Commission solicits any alternative proposals that would
not incur significant and unjustifiable adverse impact on small
entities.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
21. None.
List of Subjects in 47 CFR Part 27
Communications common carriers, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-7761 Filed 4-5-10; 8:45 am]
BILLING CODE 6712-01-P
